United States · United States Congress · 9 June 1998
Directs the Comptroller General to study and report to specified congressional committees on: (1) cost savings obtained by telecommunications carriers as a result of enactment of the Telecommunications Act of 1996; (2) the extent to which such savings have been passed through to customers; and (3) additional costs incurred by such carriers as a result of such Act. Requires carriers that include on customer bills a charge or charges attributed to Federal regulatory actions to: (1) specify in such bill any reduction in charges or fees allocable to all classes of customers by reason of such regulatory actions; and (2) submit to the Federal Communications Commission certain disclosure reports required to be submitted by such carriers to the Securities and Exchange Commission under the Securities Exchange Act of 1934.
United States · United States Congress · 3 June 1998
Persian Gulf War Veterans Health Care and Research Act of 1998 - Authorizes priority hospital care, medical services, and nursing home care for any illness for veterans who served on active duty: (1) in a theater of combat operations during a period of war after the Vietnam era; or (2) in combat against a hostile force after the date of enactment of this Act. Allows such priority notwithstanding that there is insufficient medical evidence to conclude that such condition is attributable to such service. Extends through December 31, 2001, the authority for the provision of such services to other Persian Gulf War veterans. Authorizes priority service for a period of five years after discharge or release. Requires a report from the Secretary of Veterans Affairs to the Congress on the experiences under the priority care. Directs the Secretary to establish in the Veterans Health Administration (VHA) of the Department of Veterans Affairs a National Center for the Study of War-Related Illnesses to promote the clinical, research, and educational activities of the VHA with respect to war- related illnesses, including medically unexplained illnesses. Directs the Secretary to contract with the National Academy of Sciences (NAS) for the review of a methodology which could be used by the Department to determine the efficacy of treatments furnished to, and health outcomes of, Persian Gulf War veterans who have been treated for illnesses which may be associated with their service. Requires an implementation report from the Secretary to the congressional veterans' committees. Authorizes the Secretaries of Veterans Affairs and Defense to contract with NAS to develop a curriculum pertaining to the care and treatment of Persian Gulf War veterans who have ill-defined or undiagnosed illnesses for use in the continuing medical education of both general and specialty physicians providing care to such veterans. Amends the Persian Gulf War Veterans' Health Status Act to direct Federal department or agency heads designated by the President to establish within their respective departments an advisory committee to advise on proposed research studies, plans, or strategies relating to the health consequences of military service in the Persian Gulf theater of operations. Requires: (1) related reports; and (2) the public availability of all research findings.
United States · United States Congress · 3 June 1998
Medicare+Choice Mental Health Coverage Access Assurance Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act with regard to the Medicare+Choice program to provide for inclusion of: (1) any attempt or threat to inflict injury to self in the definition of emergency medical condition; (2) mental health in the coordination of post-stabilization care of an enrollee; (3) information on hospitalization, outpatient, and drug coverage available for treatment of mental illness and addiction disorder under the original Medicare fee-for-service program option; and (4) mental illness treatment services and expenditures in information on utilization restrictions. Requires a Medicare+Choice organization offering a Medicare+Choice plan to provide access to appropriate mental health (as well as physical health) providers, including credentialed specialists, for medically necessary treatment and services, including inpatient psychiatric hospital services.
United States · United States Congress · 21 May 1998
Prescription Drug Price Monitoring Commission Act of 1998 - Establishes the Prescription Drug Price Monitoring Commission which shall conduct specified studies concerning U.S. pharmaceutical prices, including the establishment of a pharmaceutical products price review board. Terminates the Commission on a specified date. Directs the Secretary of Health and Human Services to study and report on Federal subsidies and incentives provided to the pharmaceutical industry. Amends title XIX (Medicaid) of the Social Security Act to require drug manufacturers participating in the Medicaid rebate program to report within a certain time after the end of each calendar year (currently, after each rebate period) on the average price at which the manufacturer sold each covered outpatient drug in Canada, Australia, Mexico, and the European Union countries.
United States · United States Congress · 19 May 1998
TABLE OF CONTENTS: Title I: Removal of Barriers to Affordable Housing Title II: Homeownership Through Mortgage Insurance and Loan Guarantees Title III: Assistance for Self-Help Housing Providers Title IV: Section 8 Homeownership Option Title V: Home Investment Partnerships Program Title VI: Local Homeownership Initiatives Title VII: Manufactured Housing Improvement Title VIII: Indian Housing Homeownership American Homeownership Act of 1998 - Title I: Removal of Barriers to Affordable Housing - Affordable Housing Barrier Removal Act of 1998 - Requires proposed and final agency rules to analyze their impact upon affordable housing availability. Directs the Secretary of Housing and Urban Development (HUD) to develop model housing impact analyses. (Sec. 103) Amends the Housing and Community Development Act of 1992 to authorize direct appropriations for State and local grants for regulatory barrier removal. (Sec. 104) Amends the Housing and Community Development Act of 1974 to make affordable housing barrier removal eligible for community development block grant (CDBG) assistance. (Sec. 105) States that the regulatory barriers clearinghouse shall be established within the Office of Policy Development of HUD under the direction of the Assistant Secretary for Policy Development and Research. Title II: Homeownership Through Mortgage Insurance and Loan Guarantees - Amends the National Housing Act to increase the number of adjustable single family mortgages and loans that may be insured each year. Directs the Secretary to increase premiums as necessary. (Sec. 202) Makes permanent the demonstration program of home equity conversion mortgages for elderly homeowners. Replaces the program limitation based upon number of mortgages with an aggregate outstanding balance limitation. Obligates specified funds for conversion mortgage counseling and related expenses. Requires that mortgagors be given full disclosure of mortgage related costs such as estate planning and financial advice, and that any such costs not be excessive. (Sec. 203) Requires an inspection under the single family housing mortgage insurance program. Directs the Secretary to establish inspection guidelines and maximum costs. (Sec. 204) Authorizes the Secretary to treat a county or statistical area and contiguous or proximate counties as a single area for certain loan insurance limitation purposes. (Sec. 205) Amends the Housing Act of 1949 to eliminate certain rural housing guaranteed loan limitations. Title III: Assistance for Self-Help Housing Providers - Amends the Housing Opportunity Program Extension Act of 1996 to authorize specified appropriations for Habitat for Humanity and other self-help housing programs. Title IV: Section 8 Homeownership Option - Amends the United States Housing Act to provide a home ownership option under the section 8 housing assistance program, including downpayment assistance. Title V: Home Investment Partnerships Program - Amends the Cranston-Gonzalez National Affordable Housing Act to authorize appropriations for affordable housing programs. Revises the definition of "low-income families." (Sec. 503) Makes limited equity cooperatives and mutual housing associations eligible for home investment partnerships. (Sec. 504) Permits loan pool investment of partnership funds. (Sec. 505) Authorizes the Secretary to make home investment partnerships loan guarantees. Sets forth an aggregate loan guarantee limitation. Title VI: local Homeownership Initiatives - Amends the Neighborhood Reinvestment Corporation Act to authorize appropriations for the Neighborhood Reinvestment Corporation, including a pilot home ownership initiative set-aside. (Sec. 602) Amends the Housing and Community Development Act of 1974 to authorize the Secretary to modify CDBG home ownership income requirements in high-cost areas. (Sec. 603) Amends the Housing and Community Development Act of 1992 to revise the home ownership zone grant program, including providing: (1) grant eligibility for units of general local government (currently nonprofit organizations); and (2) set-asides for specified low-income homebuyers. Authorizes appropriations. (Sec. 604) Expresses the sense of the Congress in favor of lease-to-own tenancies as home ownership tools. (Sec. 605) Amends the Housing and Urban Development Act of 1968 to extend authorization of appropriations and authority for home ownership counseling. Title VII: Manufactured Housing Improvement - Manufactured Housing Improvement Act - Amends the National Manufactured Housing Construction and Safety Standards Act of 1974 to revise Federal construction and safety provisions for manufactured homes based upon a consensus standards development process. Eliminates the National Manufactured Home Advisory Council. Title VIII: Indian Housing Homeownership - Establishes the Indian Lands Status Commission which shall analyze and evaluate the Bureau of Indian Affairs' land recording and documentation system. Terminates the Commission one year after appointment of its members.
United States · United States Congress · 14 May 1998
TABLE OF CONTENTS: Title I: Slamming Title II: Switchless Resellers Title III: Spamming Anti-slamming Amendments Act - Title I: Slamming - Amends the Communications Act of 1934 (the Act) to prohibit a telecommunications carrier or a reseller of telecommunications services from submitting or executing a change in a subscriber's selection of a provider of telephone exchange service or toll service, except in accordance with this Act and Federal Communications Commission (FCC) verification procedures. Requires a carrier or reseller, in order to verify a subscriber's selection of a telephone exchange or toll service provider, to require the subscriber to: (1) affirm that the subscriber is authorized to select the service provider for that telephone number; (2) acknowledge the type of service to be changed by the selection; (3) affirm the intent to select the service provider; and (4) acknowledge that such selection will result in a change of service provider. Requires FCC selection verification procedures to: (1) preclude the use of negative option marketing; (2) provide for a complete copy of verification of a change of provider in oral, written, or electronic form; (3) require the retention of such verification in a manner and form and for such time as the FCC considers appropriate; (4) mandate that verification occur in the same language as that in which the change was solicited; and (5) provide for verification to be made available to a subscriber on request. Bars: (1) a carrier from being found in violation of this Act solely on the basis of a violation by an unaffiliated reseller of the carrier's service or facilities; and (2) the FCC from limiting or inhibiting a subscriber's ability to require that any change in the subscriber's choice of a provider not be affected unless the change is expressly and directly communicated by the subscriber to the existing provider. Makes all of the above provisions inapplicable to providers of commercial mobile service. Allows a subscriber whose provider is changed in violation of this Act to pay the former carrier or reseller for all services provided by the unauthorized carrier or reseller. Requires a carrier or reseller selected by a subscriber to notify the subscriber in a specific and unambiguous writing, not more than 15 days after the change is processed by the carrier or reseller: (1) of the subscriber's new carrier or reseller; and (2) that the subscriber may request information regarding the date of the change and the individual authorizing the change. Requires the FCC to: (1) prescribe a period not to exceed 120 days after receipt of notice of a complaint of an unauthorized change for the carrier or reseller to resolve such complaint; and (2) provide a simplified process for resolving such complaints. Authorizes the FCC, if a violation of this Act is found, to award damages of: (1) the greater amount of $500 or actual damages for each violation; or (2) three times such amount. Provides penalties for violations of this Act and authorizes the FCC to collect forfeitures and damages. Treats an initiation of service as a change in a subscriber's selection for purposes of this Act. Authorizes a State, when it has reason to believe that a carrier or reseller has or is engaged in a practice of changing service providers without subscriber authority, to bring: (1) an action on behalf of its residents to recover damages; and (2) an action for the assessment of civil penalties. Gives Federal courts exclusive jurisdiction over such actions. Requires FCC notification of, and authorizes FCC intervention in, any such action. Requires: (1) each carrier or reseller to report quarterly to the FCC on the number of complaints of unauthorized changes in provider services submitted to them by their subscribers; and (2) the FCC to use such information to identify carriers or resellers that engage in patterns and practices of unauthorized changes in provider services. Requires the FCC to report to the Congress on unauthorized changes in subscribers' providers. (Sec. 102) Allows a person's failure to pay a forfeiture imposed for violation of this Act to be used as a basis for revoking, denying, or limiting that person's operating authority. (Sec. 103) Sets forth obligations of telephone billing agents (including carriers or resellers) regarding bills issued to a subscriber of provider services and prohibits such issuance if the agent knows, or should know, that such charges are unauthorized or are otherwise improper. (Sec. 104) Grants the FCC jurisdiction to assess and recover penalties against a billing service provider (other than a carrier or reseller) only if such provider knowingly or willfully violates the provisions of this Act or any FCC rule or order. (Sec. 105) Directs the FCC to issue a report on the telemarketing and other solicitation practices used by carriers or resellers to solicit changes by subscribers in their service providers. Authorizes the FCC to initiate a rulemaking to prohibit such particular practices it determines are being used with the intention to mislead, deceive, or confuse subscribers. Title II: Switchless Resellers - Requires a telecommunications carrier operating or seeking to operate as a switchless reseller to furnish to the FCC a surety bond in a form and an amount determined by the FCC to be satisfactory for purposes of paying any: (1) fine or penalty imposed against the carrier for unauthorized changes in subscriber selections; (2) penalty imposed against the carrier regarding such operation; and (3) other fine, penalty, or forfeiture penalty imposed against the carrier under the Act. Requires such reseller to designate a resident agent in the United States for receipt of service of judicial and administrative process if the reseller is not domiciled in the United States. Allows the FCC to suspend the right of the carrier to operate as a switchless reseller for violation of this Act and subjects the carrier to any forfeiture provided for under the Act. Prohibits a common carrier or billing agent from providing billing services for unbonded switchless resellers or for a reseller not domiciled in the United States who has not designated a resident agent. Imposes a civil penalty of up to $50,000 on knowing and willful violators. Sets forth provisions regarding FCC review of surety bonds and their return to the carrier as a result of such review. Precludes this Act from prohibiting the FCC from adopting rules providing for the permissive detariffing of long-distance telephone companies, if the FCC determines that such action would otherwise serve the public interest, convenience, and necessity. Title III: Spamming - Requires a person who transmits an unsolicited commercial electronic mail message to include at the beginning: (1) the name, physical address, electronic mail address, and telephone number of the person who initiates transmission of the message or who created the content of it; and (2) a statement that further transmissions of such mail to the recipient by the person may be stopped at no cost to the recipient by sending a reply to the originating electronic mail address with the word "remove" in the subject line. (Sec. 302) Empowers the Federal Trade Commission (FTC) with regulatory authority over such unsolicited electronic mail, including authority to conduct investigations, commence civil actions against individuals, and impose fines, penalties, and injunctions. Requires the FTC to take appropriate action within two years after the transmission of such electronic mail. (Sec. 303) Authorizes a State to bring a civil action on behalf of its residents against individuals or entities transmitting electronic mail in violation of this Act. Requires such State to notify the FTC of such action. (Sec. 304) States that this Act shall not apply to an electronic mail transmission by an interactive computer service provider unless the provider initiates the transmission or the transmission is not made to its own customers. Authorizes actions by such providers to enforce the sanctions under this Act. Requires such action within one year after receipt of the transmission. (Sec. 305) Requires a person who receives from any other person an electronic mail message requesting the termination of further transmission of commercial electronic mail to cease such transmissions to the individual. States that a person who secures a good or service from, or otherwise responds electronically to, an offer of unsolicited commercial electronic mail shall be deemed to have authorized such transmission.
United States · United States Congress · 14 May 1998
TABLE OF CONTENTS: Title I: Head Start Programs Title II: Low-Income Home Energy Assistance Programs Title III: Community Services Block Grant Title IV: Effective Dates; Application of Amendments Human Services Amendments of 1998 - Extends through FY 2002 the authorization of appropriations for programs under the Head Start Act, the Low-Income Home Energy Assistance Act of 1981, and the Community Services Block Grant Act. Title I: Head Start Programs - Amends the Head Start Act to revise the definition of family literacy services. (Sec. 102) Extends through FY 2002 the authorization of appropriations for Head Start programs. Directs the Secretary of Health and Human Services (HHS) to reserve specified amounts for: (1) transition coordination with schools; and (2) research, demonstrations, evaluation activities, and longitudinal studies. (Sec. 103) Revises requirements relating to: (1) allotment of funds, and limitations on assistance; (2) designation of Head Start agencies; (3) amendments to quality standards, and monitoring of Head Start agencies and programs; and (4) powers and functions of Head Start agencies. (Sec. 107) Limits to not more than 25 percent of total program enrollment the participation in Head Start programs of children who do not meet low-income criteria. (Sec. 108) Includes very young children with disabilities and their families in Head Start programs for families with infants and toddlers. Requires entities receiving such program assistance to ensure formal linkages with certain agencies under the Individuals With Disabilities Education Act Amendments of 1997 and providers of early intervention services for very young children with disabilities under the Individuals with Disabilities Education Act. (Sec. 109) Doubles the annual amount authorized to be expended by the Secretary for the Head Start Fellowships program. (Sec. 110) Directs the Secretary to study and report to the Congress on the use and effects of certain quality improvement funds under the Head Start Act. Title II: Low-Income Home Energy Assistance Programs - Amends the Low Income Home Energy Assistance Act to extend through FY 2002 the authorization of appropriations. (Sec. 202) Makes technical amendments to definitions and State allotment requirements. (Sec. 204) Revises certain requirements relating to State use of funds to emphasize assistance to those low-income households with the lowest incomes that pay a high proportion of household income for home energy. Title III: Community Services Block Grant - Amends the Community Services Block Grant Act to extend through FY 2002 the authorization of appropriations. (Sec. 302) Revises definitions and requirements relating to applications, withholding, the discretionary authority of the Secretary, the community food and nutrition program, and an annual report. (Sec. 307) Extends through FY 2002 the authorization of appropriations for national or regional programs designed to provide instructional activities for low-income youth. Title IV: Effective Dates; Application of Amendments - Sets forth effective dates for this Act.
United States · United States Congress · 14 May 1998
TABLE OF CONTENTS: Title I: Price Increase to Discourage Child Tobacco Use Title II: FDA Jurisdiction Over Tobacco Products Title III: Performance Objectives to Reduce Child Tobacco Use Title IV: Smoke-Free Environments Title V: Tobacco Prevention Initiatives Title VI: International Tobacco Control Title VII: Tobacco Accountability Board Title VIII: Payments to States Subtitle A: Resolution of State Actions Subtitle B: State Grants Title IX: Definitions Bipartisan NO Tobacco for Kids Act of 1998 - Title I: Price Increase to Discourage Child Tobacco Use - Requires that the funds raised by this title be used to reduce the public debt, except as provided in titles V and VIII. (Sec. 102) Requires each tobacco manufacturer (defining manufacturer, for this Act, to include importers) to make initial ($10 billion allocated by the manufacturer's share of units manufactured or imported) and annual (50 cents per unit manufactured or imported) payments. Excludes exports. (Sec. 103) Provides for injunctions and civil monetary penalties for failure to comply with regulations under this title. Title II: FDA Jurisdiction Over Tobacco Products - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to add nicotine in tobacco products to the definition of "drug" and add tobacco products to the definition of "device." (Sec. 203) Declares a tobacco product misbranded if it does not comply with section 205 requirements. Amends restricted device provisions to authorize the Secretary of Health and Human Services, if the Secretary determines that there cannot otherwise be reasonable assurances of safety and effectiveness, to require tobacco advertising and promotion restrictions. Prohibits State and local requirements of warnings on labels and in advertising if this Act requires a warning. (Sec. 204) Requires that all provisions of specified existing tobacco regulations be considered lawful and lawfully promulgated under the FDCA. (Sec. 205) Deems, for tobacco products, an action providing appropriate protection of public health to provide a reasonable assurance of safety and effectiveness. Mandates regulations, conforming to specified provisions of the Proposed Resolution between manufacturers and State attorneys general on June 20, 1997: (1) restricting tobacco marketing, advertising, and access (but prohibits restrictions on marketing or advertising that would violate the First Amendment to the Constitution); (2) requiring warnings on cigarette and smokeless tobacco labeling and advertisements; and (3) regarding tobacco product ingredients. Makes it unlawful to advertise tobacco on any electronic medium subject to the jurisdiction of the Federal Communications Commission. Prohibits considering the Secretary of Health and Human Services' failure to approve or disapprove an ingredient's safety within the review period to be approval. Prohibits a manufacturer from stating or implying in labeling or advertising that a product has a reduced health risk unless the Secretary has so determined. Prohibits a State from receiving a grant under subtitle B of title VIII of this Act unless the State has put into law a tobacco control program conforming to the model State program established by the Secretary. Mandates establishment of that model program, including in its requirements State retail licensure, a prohibition of tobacco purchase for resale or distribution to individuals under 18, compliance inspection conduct and frequency, State performance objectives, and violations penalties. Requires, if a State fails to implement a conforming program or fails to achieve the performance objectives, that the Secretary withhold up to 20 percent of the grant to the State under subtitle B of title VIII of this Act. Mandates a Federal retail licensing program for retailers on Federal property, retailers in a State without an effective program conforming to the model program, and others as specified by the Secretary. Authorizes the Secretary to order a State-licensed retailer in violation of this Act to suspend or cease tobacco sales. Treats Indian tribes and tribal organizations as a State regarding retailers operating on Indian reservations. (Sec. 206) Adds violation of any FDCA tobacco requirement to the list of FDCA prohibited acts. Authorizes the Secretary to disclose tobacco information to the public if the Secretary determines it appropriate to protect public health. (Sec. 207) Repeals the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986. Title III: Performance Objectives to Reduce Child Tobacco Use - Mandates an annual survey regarding the percentage of children using each manufacturer's tobacco product. (Sec. 302) Requires each manufacturer to have a performance objective of reducing its child tobacco use by specified percentages. Requires, if the reductions are not met, price increases and, for subsequent consecutive year failures, sales by carton minimum and packaging in black on a white background. (Sec. 306) Makes failure to comply with this title's requirements an FDCA prohibited act. (Sec. 307) Requires that the annual survey determine the use level for children of different racial and ethnic backgrounds. Mandates, if use is increasing (or not decreasing at a proportionate rate) among children of a racial or ethnic background, recommendations to the Congress regarding reducing the level for those children. Title IV: Smoke-Free Environments - Requires the responsible entity for each public facility (any building in which activities substantially affecting interstate commerce occur, subject to exceptions for locations such as residential buildings, on-sale alcoholic beverage establishments, and prisons) to implement a smoke-free environment policy meeting specified requirements. Allows smoking areas meeting certain requirements. (Sec. 402) Authorizes an action to enforce this title (by injunction or civil monetary penalty) by any aggrieved person, State or local governmental agency, or the Administrator of the Environmental Protection Agency, allowing the award of litigation costs (including attorney's and expert fees) to any prevailing party. Authorizes the court to order that the civil penalties be used for projects furthering this title. Prohibits compensatory and punitive damages. (Sec 403) Authorizes the Administrator to extend the smoke-free policy requirement to certain otherwise-exempt facilities if the Administrator determines that the extension is appropriate to protect the public health. (Sec. 405) Declares that this title does not preempt or affect any other Federal, State, or local law providing protection from environmental tobacco health hazards. Title V: Tobacco Prevention Initiatives - Requires that funds be made available (from annual manufacturer payments under section 102) to the Secretary of Health and Human Services, without fiscal year limitation, for: (1) a national public awareness campaign to discourage tobacco use; (2) the implementation of FDCA tobacco provisions, title III of this Act, and Tobacco Accountability Board provisions of this Act; (3) tobacco use cessation programs (mandating grants); (4) research on nicotine addiction, cessation, and prevention; and (5) tobacco surveillance and epidemiology research. Requires that certain programs under this title: (1) take into account the needs of minority populations; and (2) be age, culturally, and linguistically appropriate for those populations. Title VI: International Tobacco Control - Mandates regulations to prohibit domestic concerns from directly or indirectly: (1) selling or distributing tobacco in a foreign country without warning labels appropriate to protect public health; or (2) selling or distributing tobacco in a foreign country to children or advertising or promoting it in a way that appeals to children. Adds violations to the list of FDCA prohibited acts. (Sec. 602) Prohibits any U.S. officer, employee, department, or agency from: (1) promoting tobacco export or foreign sale, manufacture, promotion, distribution, or use; or (2) subject to exception, seeking the removal or reduction of foreign restrictions on tobacco importation, exportation, sale, manufacture, promotion, distribution, tariffs, or taxes. (Sec. 603) Establishes in the Treasury the International Tobacco Control Trust Fund, to be funded by payments under section 605. Provides for the use of Fund amounts for: (1) the American Center on Global Health and Tobacco; (2) grants and other assistance to foreign governments, nongovernmental organizations, and international organizations for foreign tobacco control; and (3) enforcement of any requirement regarding foreign tobacco sale, distribution, or promotion. (Sec. 604) Establishes the American Center on Global Health and Tobacco (ACT) as a private, nonprofit corporation, requiring it to assist foreign organizations to reduce and prevent tobacco use, including through public awareness campaigns and youth-oriented and community-based programs. (Sec. 605) Requires each domestic concern that manufactures tobacco in a foreign country (or controls a person who does so) to annually pay to the Fund a specified amount per unit manufactured. (Sec. 606) Mandates regulations to reduce tobacco smuggling in interstate and foreign commerce. (Sec. 607) Expresses the sense of the Congress that the Government should support implementation of the International Framework Convention on Tobacco Control through all available resources. Title VII: Tobacco Accountability Board - Establishes the Tobacco Accountability Board as an independent board. Requires each tobacco manufacturer to submit to the Board all documents in the manufacturer's possession: (1) relating to tobacco health effects (including addiction), the manipulation of nicotine, or tobacco sale or marketing to children; or (2) produced or ordered to be produced in a named civil action. Requires the Board to make the documents available to the public. Exempts trade secrets from public disclosure unless the Board determines that disclosure is appropriate to protect the public health. (Sec. 703) Requires the Board to investigate all matters relating to tobacco and public health and report to the Congress annually. (Sec. 705) Empowers the Board to bring an action to enjoin a failure to comply with this title or to impose a civil monetary penalty. (Sec 707) Prohibits discrimination against an individual as a reprisal for disclosing information regarding a violation of tobacco-related law. Applies to whistleblowers existing provisions of Federal law allowing whistleblowers to receive a portion of any false claims amounts recovered. Title VIII: Payments to States - Subtitle A: Resolution of State Actions - Allows a State to elect to receive payments under section 802 instead of seeking recovery from manufacturers for health care costs attributable to tobacco use. Prohibits a State that so elects from seeking recovery from manufacturers, except for actions after enactment of this Act or for criminal prosecutions. (Sec. 802) Directs the Secretary of the Treasury to pay to any State so electing the amount the State would have received under the Proposed Resolution between manufacturers and State attorneys general. Requires a State to pass payments through to local governments in proportion to the local government's tobacco use health care costs. Makes a State that fails to pass through payments ineligible for this section's future payments. (Sec. 803) Exempts a manufacturer from the portion of the section 102 payments that will be provided to States under this title if the manufacturer: (1) resolved tobacco-related civil actions with more than 25 States before 1998; (2) provided to all other States the opportunity to enter into substantially similar settlements; and (3) manufactures less than three percent of all cigarettes manufactured or imported in the United States. Subtitle B: State Grants - Requires that funds be made available annually from amounts paid under section 102, without fiscal year limitation, for grants to States with approved child-oriented or community-based programs to discourage tobacco use. (Sec. 812) Amends title XIX (Medicaid) of the Social Security Act to authorize payment to States for a specified percentage of the State's Medicaid expenditures for tobacco use cessation programs. Title IX: Definitions - Sets forth definitions for this Act.
United States · United States Congress · 14 May 1998
TABLE OF CONTENTS: Title I: Predisaster Hazard Mitigation Title II: Streamlining and Cost Reduction Title III: Miscellaneous Disaster Mitigation Act of 1998 - Title I: Predisaster Hazard Mitigation - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Act) to require a State, in submitting a disaster preparedness and prevention program plan prior to receiving assistance under such Act, to set forth a comprehensive and detailed State program for mitigating against emergencies and major disasters, including provisions for prioritizing mitigation measures. (Sec. 103) Authorizes the President to make grants for the development and application of hazard identification technologies that can be used by Federal, State, and local governments and that will likely result in substantial savings over current hazard identification methods. (Sec. 104) Authorizes the President to establish a program to provide financial assistance to States and local governments for implementing predisaster hazard mitigation measures that reduce injuries, loss of life, and damage and destruction of property, including critical facilities and public infrastructure. Provides, with respect to such assistance program, for: (1) minimum and maximum per-State allocation of funds; (2) criteria for granting such assistance and determining appropriate amounts; (3) State Governor recommendations of no less than five local governments to receive such assistance; (4) a requirement that at least ten percent of the amount provided in a fiscal year be furnished for activities in communities of 3,000 or fewer individuals that are economically disadvantaged; (5) a Federal cost-share limit; (6) an authorization of appropriations for FY 1998 through 2000; and (7) a report from the President to the Congress on a process for transferring to State and local governments greater responsibility for administering the program. Title II: Streamlining and Cost Reduction - Directs the President to: (1) establish management cost rates for disaster preparedness and mitigation assistance grantees and subgrantees; and (2) review such rates at least every three years. (Sec. 202) Authorizes the President to make contributions to a private nonprofit facility for the repair, restoration, or replacement of such facility which is damaged or destroyed by a major disaster only if its owner or operator has applied for a disaster loan under the Small Business Act and has been determined to be ineligible for such loan. Limits the Federal share of assistance provided to 75 percent of the net eligible costs of the repair, restoration, or replacement of damaged public and private facilities. Allows a State, local government, or private nonprofit facility, in lieu of repairing, restoring, or replacing such damaged facilities, to receive the Federal cost share limit and repair other facilities or construct new facilities. Authorizes the President to modify the Federal cost share if such modification is likely to reduce the total amount of assistance provided. Provides for the determination of net eligible costs and the modification of such costs. Requires the President to establish an expert panel for the determination of such costs. (Sec. 203) Authorizes the President to provide financial assistance, and, if necessary, direct services to disaster victims who as a direct result of a major disaster have necessary expenses and serious needs for housing, personal property, medical, dental, or funeral services, transportation, and other needs. Authorizes the President to provide housing assistance to those who are displaced from their pre-disaster residence or whose residence is rendered uninhabitable as a result of such disaster. Includes as appropriate direct assistance the provision of other housing units. Limits the use of such units to 18 months, but allows the President to extend such period under extraordinary circumstances. Allows such assistance to include the repair or replacement of the original residence or permanent new housing construction in limited circumstances. Limits to $25,000 the individual or household assistance amount. (Sec. 204) Repeals a provision of the Act authorizing the President to make community disaster loans following major disasters. (Sec. 205) Authorizes a State desiring to administer its own hazard mitigation assistance program to submit for the President's approval an application for the delegation of such authority, under specified criteria. (Sec. 206) Directs the President to conduct and report to the Congress on a pilot program to determine the desirability of State administration of parts of the disaster mitigation assistance program established under the Act. (Sec. 207) Directs the Comptroller General to conduct studies to: (1) estimate the reduction in Federal disaster assistance that has resulted and is likely to result from the enactment of this Act; and (2) determine the current and future expected availability of insurance for public infrastructure eligible for assistance under the Act. Title III: Miscellaneous - Makes a technical correction to the short title of the Act.
United States · United States Congress · 14 May 1998
Amends the Internal Revenue Code to set forth provisions for: (1) a small employer (100 or fewer employees) retirement plan; (2) a credit for the expenses of establishing such a plan; and (3) a model small employer retirement plan.
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 · 5 May 1998
Omnibus Mercury Emissions Reduction Act of 1998 - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations to establish standards for mercury and mercury compound emissions applicable to: (1) electric utility steam generating units; (2) coal- and oil-fired commercial and industrial boiler units that have a maximum design heat input capacity of ten mmBtu (millions of British thermal units) per hour or greater; (3) chlor-alkali plants that use the mercury cell production process; and (4) dust from Portland cement plants. Requires such units and plants to have permits no later than two years after this Act's enactment. Prescribes a minimum required emission reduction, such that a unit or plant reduce annual poundage of mercury emitted below its mercury emission baseline by at least 95 percent. Authorizes emission trading among electric utility or coal- and oil-fired units contained at a single site if the aggregate annual reduction from all units is at least 95 percent. Requires the Administrator to authorize methods of control of mercury emissions. Sets forth permit requirements, including requirements for monitoring and analysis, inspection, entry, compliance certification, and reporting. Establishes specific mercury emission baselines for classes of electric utility and coal- and oil-fired boiler units, including those in operation before January 1, 1995, and those beginning operation after this Act's enactment. Requires the regulations to ensure that mercury that is captured or recovered is disposed of in a manner that ensures that: (1) the mercury hazards are not transferred from one environmental medium to another; and (2) there is no release of mercury into the environment. Directs the Administrator to establish a program of long-term research to develop and disseminate information on methods such as separating, solidifying, recycling, and encapsulating mercury-bearing waste so that the mercury does not volatize, migrate to groundwater or surface water, or contaminate the soil. Requires the Administrator to make emission data for each unit and plant available annually to the public. (Sec. 5) Directs the Administrator to publish a list of mercury-containing items to be separated and removed from the waste steams that feed solid waste incineration units. Requires manufacturers of listed items to label items (or, in the case of button cell batteries, packages) to indicate that a product contains mercury. Directs the Administrator to promulgate regulations prescribing procedures for monitoring and analysis for mercury emissions from solid waste combustion flue gases and determining compliance with such requirements. Requires solid waste incineration units operating pursuant to permits issued under the Act to submit plans for: (1) separating and removing listed mercury-containing items from waste streams that feed such units; (2) transferring separated waste to a recycling facility or treatment, storage, or disposal facility permitted under Subtitle C of the Solid Waste Disposal Act; (3) monitoring and reporting on plan compliance; and (4) achieving full compliance with the plan within 18 months of plan approval. Directs the Administrator or a State to enforce plans for units without approved plans. Requires permits for solid waste incineration units to specify inspection, entry, monitoring, compliance certification, and reporting requirements. Directs the Administrator to make mercury emission data for each unit available annually to the public. (Sec. 8) Requires the Administrator to report to the Congress on the extent to which the annual poundage of mercury and mercury compound emissions from medical waste incinerators and hazardous waste combustors in the United States has been reduced below specific baselines. (Sec. 10) Directs the Secretary of Defense to report to the Congress on the use of mercury and mercury compounds by the Department of Defense. (Sec. 11) Requires the Administrator to report to the Congress on the sources and extent of mercury emissions in North America. (Sec. 12) Directs the Administrator to establish: (1) a program to characterize and quantify the potential mercury-related health effects on high-risk populations; and (2) a mercury public awareness and prevention program targeted at populations most at risk from exposure to mercury. Requires the Secretary of Health and Human Services and the Administrator to establish an advisory committee to report on the progress made by the Federal Government, State and local governments, industry, and other regulated entities in complying with the mercury-related amendments made by this Act. Directs the Administrator to submit to the Congress a report that characterizes mercury and mercury-compound sedimentation trends in Lake Champlain, the Chesapeake Bay, the Great Lakes, the finger lakes region of upstate New York, Tampa Bay, and other water bodies of concern. Requires the Administrator to evaluate: (1) data collected by EPA and each State concerning mercury contamination of fish; and (2) advisories to warn the public about the consumption of mercury-contaminated fish. Directs the Administrator to: (1) implement any changes necessary to improve the quality and ensure consistency from State to State of Federal and State data collection, reporting, characterization of mercury contamination, and thresholds above which advisories will be issued; and (2) make biennial reports available to the public concerning mercury levels in fish and any consumption advisories that have been issued.
United States · United States Congress · 30 April 1998
Breast and Cervical Cancer Treatment Act of 1998 - Amends title XIX (Medicaid) of the Social Security Act to give States the option of making medical assistance for breast and cervical cancer-related treatment services available to certain low-income women without creditable coverage during a presumptive eligibility period. Provides for an enhanced match with regard to such treatment services.
United States · United States Congress · 29 April 1998
Amends the Communications Act of 1934 to prohibit a telecommunications carrier or a reseller of telecommunications services from submitting or executing a change in a subscriber's selection of a provider of telephone exchange service or toll service, except in accordance with this Act and Federal Communications Commission (FCC) verification procedures. Requires a carrier or reseller, in verifying a subscriber's selection of a telephone exchange or toll service provider, to require the subscriber to: (1) acknowledge the type of service to be changed by the selection; (2) affirm the intent to select the service provider; (3) affirm that the consumer is the subscriber or is authorized to make such selection for that telephone number; (4) acknowledge that such selection will result in a change of service provider; and (5) provide any other such information the FCC considers appropriate for the subscriber's protection. Requires FCC selection verification procedures to: (1) preclude the use of negative option marketing; (2) provide for verification of a change of provider in oral, written, or electronic form; and (3) require the retention of such verification in a manner and form and for such time as the FCC considers appropriate. Makes the above provisions inapplicable to providers of commercial mobile service. Requires a carrier or reseller selected by a subscriber to notify the subscriber in writing not more than 15 days after the change is processed by the carrier or reseller: (1) of the subscriber's new carrier; and (2) that the subscriber may request information regarding the date of the change and the individual authorizing the change. Requires the FCC to: (1) prescribe a period not to exceed 120 days after receipt of notice of a complaint of an unauthorized change for the carrier or reseller to resolve such complaint; and (2) provide a simplified process for resolving such complaints. Authorizes the FCC, in resolving a complaint, to award damages of: (1) the greater amount of $500 or actual damages; or (2) three times such amount. Provides penalties for violations of this Act and authorizes the FCC to collect fines and damages. Treats an initiation of service as a change in a subscriber's selection for purposes of this Act. Authorizes a State, when it has reason to believe that a carrier or reseller has or is engaged in a practice of changing service providers without subscriber authority, to bring an action on behalf of its residents to enjoin such changes and to recover damages. Gives Federal courts exclusive jurisdiction over such actions. Requires FCC notification of, and authorizes FCC intervention in, any such action. Requires the FCC to report to the Congress on unauthorized changes in subscribers' providers. (Sec. 2) Directs the FCC to issue a report on the telemarketing practices used by carriers or resellers to solicit changes by subscribers in their service providers. Authorizes the FCC to initiate a rulemaking to prohibit particular practices it determines are being used with the intention to mislead, deceive, or confuse subscribers.
United States · United States Congress · 28 April 1998
TABLE OF CONTENTS: Title I: Prohibitions Relating to Tobacco Products and Children Title II: Prohibition on Use of Funds to Facilitate the Exportation or Promotion of Tobacco Title III: American Center on Global Health and Tobacco Title IV: Prevention of Tobacco Smuggling Title V: Sense of Congress Title I: Prohibitions Relating to Tobacco Products and Children - International Tobacco Responsibility Act - Amends the Federal Food, Drug, and Cosmetic Act to make it unlawful for any U.S. domestic concern, or any of its officers or employees, to: (1) sell or distribute tobacco products to children in a foreign country; (2) advertise or promote tobacco products in a foreign country in a manner that does not comply with Federal requirements for the advertisement or promotion of such products in the United States; or (3) export, from the United States or any other country, tobacco products to a foreign country, unless in the country's primary language the tobacco product package bears a warning label that complies with Federal labeling requirements, or the labeling requirements of the foreign country which are similar to Federal requirements and are adequately enforced by such country. Provides for enforcement, including rewards for informants. Title II: Prohibition On Use of Funds to Facilitate the Exportation or Promotion of Tobacco - Prohibits the use of funds to: (1) promote the export of tobacco products to or in a foreign country; or (2) seek, through negotiation or otherwise, reduction or removal of restrictions imposed by such country with respect to the sale of such products (except where a restriction's manner of application constitutes a means of arbitrary or unjustified discrimination between countries). Title III: American Center On Global Health and Tobacco - Requires two percent of any funds paid to the United States by tobacco manufacturers in accordance with the proposed Tobacco Settlement adopted June 20, 1997 (which would resolve the controversy between tobacco manufacturers and the States), or of any increase in the Federal excise tax on tobacco products, to go to: (1) the American Center on Global Health and Tobacco (ACT); and (2) the Secretary of Health and Human Services for grants and other assistance to foreign governments, nongovernmental organizations, and international organizations to support tobacco control activities in such countries. (Sec. 302) Establishes ACT as a private, nonprofit corporation in the District of Columbia to assist organizations in other countries to reduce and prevent the use of tobacco. Title IV: Prevention of Tobacco Smuggling - Requires the Secretary of the Treasury to promulgate regulations for the packaging and labeling of tobacco products. Makes it unlawful for any person to sell, or remove from customs custody for use, any tobacco product unless: (1) a unique serial number is printed on all its packages; and (2) each tobacco product package that is exported is labeled with the name of the country of final destination. Prohibits a person from altering or removing any mark or label required under this Act. (Sec. 403) Makes it unlawful for any person to export a tobacco product unless such person: (1) has posted bond with the Secretary which contains a disclosure of the country to which it will be exported; and (2) receives a statement from the product recipient that such recipient will not knowingly and willfully violate a law of such country with respect to such products, and has never been convicted of any tobacco related offense. Sets forth certain bond requirements. (Sec. 404) Directs the Secretary to establish a program for the issuance of tobacco product permits to persons (except retailers) who sell, ship, or remove such products from customs custody for use. Prohibits the importation or sale of tobacco products without such permits. (Sec. 405) Makes it unlawful, except pursuant to a permit, to: (1) import tobacco products into, or sell such products in, the United States; or (2) manufacture, package, sell, or resell tobacco products at wholesale. (Sec. 406) Directs the Secretary of Defense to promulgate regulations which: (1) set forth certain limits on the sale of tobacco and noncigarette tobacco products on military installations and Indian reservations; and (2) require the labeling with such restrictions on each tobacco product package sold on such installation or reservation. (Sec. 407) Directs the Secretary to promulgate regulations to enforce a reasonable per day limit on the sale of tobacco products at duty-free shops. Prohibits a person from forwarding through or manufacturing such products in a foreign trade zone. (Sec. 408) Grants U.S. district courts jurisdiction of any suit brought by the Attorney General to prevent and restrain violations of this Act. Sets forth penalties for such violations. (Sec. 409) Amends Federal criminal law with respect to "contraband cigarettes" (including "contraband tobacco products") to decrease from 60,000 to 30,000 the threshold quantity of such products determining criminality. Extends the definition of contraband cigarettes to States that do not require indication of the payment of cigarette taxes to cover situations where the person in possession of cigarettes is unable to provide evidence that they are moving legally in interstate commerce. Makes it unlawful for any person to knowingly: (1) transport, possess, sell, or purchase contraband tobacco products (currently, only contraband cigarettes); (2) make any false statement with respect to certain required information to be kept in records of any person who sells or distributes tobacco products (currently, only cigarettes) in excess of 30,000 in a single transaction; (3) fail to maintain distribution records, alter or obliterate required markings, or interfere with any inspection as required or prohibited under Federal law with respect to such quantity of tobacco products; or (4) transport tobacco products under a false bill of lading or without any bill of lading. Makes similar changes to certain recordkeeping requirements. Subjects any proceeds from the unlawful distribution of tobacco products to seizure and forfeiture proceedings. Authorizes appropriations. Title V: Sense of Congress - Expresses the sense of the Congress that the Government should support the development, adoption, and implementation of the International Framework Convention on Tobacco Control through all available resources, including direct financial support, technical assistance, and any other appropriate measure.
United States · United States Congress · 23 April 1998
Breast Cancer Research Extension Act of 1998 - Amends the Public Health Service Act to extend the authorization of appropriations for breast cancer research.
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Amendments to the National School Lunch Act Title II: Amendments to the Child Nutrition Act of 1966 Title III: Amendments to the Commodity Distribution Reform Act and WIC Amendments of 1987 Child Nutrition and WIC Reauthorization Amendments of 1998 - Title I: Amendments to the National School Lunch Act - Amends the National School Lunch Act (NSLA) with respect to direct expenditures for agricultural commodities and other foods to repeal requirements for: (1) interim sources of funds pending supplemental appropriations; and (2) State matching funds for such interim funds and for cash donations in lieu of commodity donations. (Sec. 102) Allows State agencies to retain up to one-half of any program funds recovered during State-conducted audits or reviews of school food authorities, institutions, and service institutions participating in food assistance programs authorized under NSLA and the Child Nutrition Act of 1966 (CNA). Requires State agencies to use such funds for otherwise allowable program costs to improve management operations of such programs within the State, including by providing funds to school food authorities, institutions, and service institutions participating in such programs. (Sec. 103) Repeals a prohibition against requiring a State to match Federal funds for meals in private schools if the State educational agency is prohibited by law from disbursing State appropriated funds to private schools. Sunsets the Secretary of Agriculture's authority to disburse NSLA program funds to schools directly at the end of FY 2000. Requires the Secretary to provide training and technical assistance to State agencies which assume program administration from the Secretary on or before October 1, 2000. (Sec. 104) Requires all schools participating in the National School Lunch Program (lunch program) under NLSA or the School Breakfast Program (breakfast program) under CNA in which meals are prepared on site to obtain inspections twice during each school year that indicate food service operations meet State or local health and safety standards. (Sec. 105) Repeals the Secretary's authority, acting through the Administrator of the Food and Nutrition Service or through the Extension Service, to award grants for food and nutrition demonstration projects. Requires schools participating in the lunch program or breakfast program to make every effort to establish meal service periods that provide children adequate time to fully consume their meals in an environment conducive to eating. (Sec. 106) Directs the Secretary to require that schools in the contiguous United States purchase for the lunch program and breakfast program, whenever possible, only food products that are produced in the United States. (Sec. 107) Revises the NLSA summer food service program to apply to suppers and supplements the Secretary's authority to establish adjustments to reimbursement rates in the States of Alaska and Hawaii, and in specified territories, to reflect differences in costs from those in all other States. Revises the eligibility criteria for private nonprofit institutions under the summer food service program to increase from five to 25 the number of sites they may operate. Repeals certain summer food service program requirements relating to: (1) a March 1st deadline for indication of interest; (2) restrictions on meal contracting; and (3) vendor registration. Extends through FY 2002 the authorization of appropriations for the NLSA summer food service program. (Sec. 108) Reauthorizes through FY 2002 the NSLA commodity distribution program, which may use Commodity Credit Corporation (CCC) and other specified funds to purchase agricultural commodities for use in programs under NLSA, CNA, and the Older Americans Act of 1965. (Sec. 109) Revises NLSA child and adult care food program requirements for licensing and alternate approval for schools and outside school hours child care. Reinstates categorical eligibility, under the NLSA child care food program, for participants in the Even Start program of the Elementary and Secondary Education Act of 1965. (Extends such eligibility through FY 2002; it had ended with FY 1997.) Revises conditions for child and adult care program participation by institutions moving toward compliance with the requirement for tax exempt status. Repeals a notification requirement for incomplete applications. Requires State agencies, at least once every two years, to provide notification of child and adult care program availability, participation requirements, and application procedures to each nonparticipating institution or family or group day care home that is located in a needy area within the State, and has Federal, State, or local licensing or approval or receives funds under Social Security Act block grants to States for social services. Repeals the requirement that a participating State provide sufficient training, technical assistance, and monitoring to facilitate effective program operation. Repeals the Secretary's mandate to make funds available each fiscal year for State audits of participating institutions in the child care food program. Directs the Secretary to provide State agencies with increased levels of training and technical assistance for their management and oversight of the child and adult care program. Allows institutions that provide care to at-risk school children during after-school hours, weekends, or holidays during the regular school year to participate in the child care food program. Defines as at-risk any children who: (1) are age 12 through 18; and (2) live in a geographical area served by a school enrolling elementary students in which at least 50 percent of the total number of children enrolled are certified eligible to receive free or reduced price school meals under NSLA or CNA. Allows such institutions to claim reimbursements, at the free supplement rate, only for: (1) supplements served without charge to at-risk school children during after-school hours, weekends, or holidays during the regular school year; and (2) one supplement per child per day. Directs the Secretary to provide State agencies with information concerning the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC program) under CNA. Requires State agencies to ensure that each participating child care center (other than institutions providing care to school children outside of school hours) receives certain WIC program informational materials and updates, and provides such information to parents of enrolled children annually. Repeals specified termination dates to grant permanent authorization to demonstration projects for child care food program qualification of private for-profit organizations providing nonresidential day care services. (Sec. 110) Allows emergency shelter homeless programs to participate in the child and adult care food program. Allows shelters to claim reimbursements, at the free supplement rate, only for: (1) supplements served without charge to resident children through age 12; and (2) not more than three meals or two meals and a supplement per child per day. (Sec. 111) Repeals authority for certain demonstration projects involving: (1) meals and supplements outside of school hours; (2) fortified fluid milk; (3) fruits, vegetables, legumes, cereals, and grain-based products; (4) low-fat dairy products and lean meat and poultry products; and (5) reduced paperwork and application requirements and increased participation. (Sec. 112) Extends through FY 2002 the authorization of appropriations for training and technical assistance under the child and adult care food program. (Sec. 113) Extends through FY 1999 authority to fund the food service management institute, including mandatory and discretionary activities. (Sec. 114) Extends through FY 2002 the authorization of appropriations for compliance and accountability activities under the child and adult care food program. (Sec. 115) Extends through FY 1999 authority to fund an information clearinghouse for nongovernmental groups on food assistance and self-help activities for low-income individuals and communities. Makes the Secretary's authority to contract for such a clearinghouse discretionary rather than mandatory. Waives competition requirements for a contract with any organization that has performed satisfactorily under a previous clearinghouse contract. (Sec. 116) Repeals the requirement that the Secretary provide guidance and grant assistance to eligible entities for accommodating special dietary needs of individuals with disabilities who participate in covered programs under NSLA and CNA. Authorizes the Secretary to carry out accommodation activities, including guidance, technical assistance, training, and grants for State agencies and eligible entities. Title II: Amendments to the Child Nutrition Act of 1966 - Amends the Child Nutrition Act of 1966 (CNA) to Sunsets the Secretary of Agriculture's authority to disburse CNA program funds to schools directly at the end of FY 2000. Requires the Secretary to provide training and technical assistance to State agencies which assume program administration from the Secretary on or before October 1, 2000. (Sec. 202) Repeals specified requirements for reallocation of State administrative expense funds. Eliminates the ten percent limitation on the transfer of administrative expense funds under CNA and NSLA. Extends through FY 2002 the authorization of appropriations for State administrative expenses under CNA. (Sec. 203) Establishes additional program application requirements, involving physical presence, income documentation, and verification, for the special supplemental nutrition program for women, infants and children (WIC program). Authorizes the Secretary to provide bulk quantities of WIC program nutrition education materials to State agencies administering the Commodity Supplemental Food Program under the Agriculture and Consumer Protection Act of 1973 at no cost to that program. Extends through FY 2002: (1) the authorization of appropriations for the WIC program and for the WIC farmers market nutrition program; and (2) requirements to use certain WIC funds for allocations to State agencies for costs of nutrition services and administration, and for program infrastructure and information, projects of regional or national significance, and breastfeeding promotion and support activities. Revises WIC program requirements relating to: (1) infant formula procurement; (2) spend-forward authority; (3) matching funds requirement; (3) ranking criteria for farmers market nutrition program State plans; and (4) disqualification of certain vendors convicted of trafficking or illegal sales. (Sec. 204) Authorizes appropriations in necessary amounts (currently gives a specified amount for each fiscal year) for FY 1999 through 2002 for the nutrition education and training program under CNA. Title III: Amendments to the Commodity Distribution Reform Act and WIC Amendments of 1987 - Amends the Commodity Distribution Reform Act and WIC Amendments of 1987 to revise provisions relating to applicability and customer acceptability information. (Sec. 302) Adds to such Act food distribution requirements relating to the Secretary of Agriculture's authority to: (1) transfer commodities between programs; (2) resolve claims; (3) use specified funds to make payment of costs associated with management of commodities which pose a health or safety hazard; and (4) accept commodities donated by Federal sources.
United States · United States Congress · 1 April 1998
Manufactured Housing Improvement Act - Amends the National Manufactured Housing Construction and Safety Standards Act of 1974 to revise Federal construction and safety provisions for manufactured homes based upon a consensus standards development process. Eliminates the National Manufactured Home Advisory Council.
United States · United States Congress · 1 April 1998
Farm and Ranch Risk Management Act - Amends the Internal Revenue Code to allow individuals engaged in eligible farming businesses to deduct from gross income for any taxable year the amount (limited to 20 percent of the individual's taxable income for the year) paid into an interest-bearing Farm and Ranch Risk Management (FARRM) Account, created for the taxpayer's exclusive benefit. Requires withdrawal of contributions within five years, upon which they are taxable as ordinary income in the year of withdrawal. Deems a distribution, subject to income tax, of any deposits not actually distributed within five years, and prescribes an additional penalty tax of ten percent of any such deemed distribution.
United States · United States Congress · 31 March 1998
National Oilheat Research Alliance Act of 1998 - Authorizes the oilheat industry to conduct a referendum through a qualified industry organization among retailers and wholesalers for the creation of a National Oilheat Research Alliance to develop programs concerning oilheat research and development, safety issues, consumer education, and training. Defines industry to include those persons involved in the production, transportation, and sale of oilheat, and in the manufacture and distribution of oilheat utilization equipment, in the United States (but not the ultimate consumers of oilheat). Permits State participation in such Alliance. Prescribes guidelines for Alliance membership and representation. Requires the Alliance to: (1) establish a program coordinating its operation with that of any similar State, local, or regional program; and (2) levy and collect annual assessments on the wholesale sale of No. 1 distillate and No. 2 dyed distillate sufficient to cover Alliance plans and program costs. Empowers the Alliance to bring suit in Federal court to compel compliance with any assessments it levies.
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 · 27 March 1998
Amateur Radio Spectrum Protection Act of 1998 - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC), after July 1, 1998, from making any reallocations of amateur radio service (ARS) frequency bands, diminishing the secondary allocations of such bands to ARS, or making additional allocations within such bands that would substantially reduce their utility to ARS, unless at the same time the FCC provides equivalent replacement spectrum to ARS.
United States · United States Congress · 26 March 1998
Medicare Home Health Equity Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to provide for: (1) restoration of the per visit cost limit to 112 percent of the mean of costs with regard to payments to home health agencies under Medicare; and (2) revision of the interim payment system for home health services.
United States · United States Congress · 26 March 1998
Mental Health and Substance Abuse Parity Amendments of 1998 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Internal Revenue Code, and the Public Health Service Act to prohibit group and individual health plans from imposing treatment limitations or financial requirements on the coverage of mental health benefits, or substance abuse and chemical dependency benefits, if similar limitations or requirements are not imposed on medical and surgical benefits. Amends the Health Insurance Portability and Accountability Act of 1986 to provide for coordination in implementation of such amendments.
United States · United States Congress · 26 March 1998
TABLE OF CONTENTS: Title I: Amendments to National and Community Service Act of 1990 Subtitle A: Amendments to Subtitle A (General Provisions) Subtitle B: Amendments to Subtitle B (School-Based and Community-Based Service-Learning Programs) Subtitle C: Amendments to Subtitle C (National Service Trust Program) Subtitle D: Amendments to Subtitle D (National Service Trust and Provision of National Service Educational Awards) Subtitle E: Amendments to Subtitle E (National Civilian Community Corps) Subtitle F: Amendments to Subtitle F (Administrative Provisions) Subtitle G: Amendments to Subtitle G (Corporation for National and Community Service) Subtitle H: Amendment to Title III (Points of Light Foundation) Subtitle I: Amendments to Title V (Authorization of Appropriations) Title II: Amendments to the Domestic Volunteer Service Act of 1973 Subtitle A: Amendments to Title I (National Volunteer Antipoverty Programs) Subtitle B: Amendments to Title II (National Senior Volunteer Corps) Subtitle C: Amendments to Title IV (Administration and Coordination) Subtitle D: Amendments to Title V (Authorization of Appropriations) Title III: Technical Amendments Subtitle A: Technical Amendments to the National and Community Service Act of 1990 Subtitle B: Technical Amendments to the Domestic Volunteer Service Act of 1973 Title IV: Amendments to Other Laws National and Community Service Amendments Act of 1998 - Title I: Amendments to National and Community Service Act of 1990 - Subtitle A: Amendments to Subtitle A (General Provisions) - Amends the National and Community Service Act of 1990 (NCSA) to include among its purposes the expansion and strengthening of service-learning programs to improve the education of children and youth and maximize the benefits of national and community service. Subtitle B: Amendments to Subtitle B (School-Based and Community-Based Service-Learning Programs) - Revises NCSA with respect to school-based and community-based service-learning programs of the Corporation for National and Community Service (the Corporation). (Sec. 121) Authorizes the use of school-based grant funds for the provision of training and technical assistance to service-learning programs. Allows a State to apply for school-based service assistance either through a State educational agency (SEA) or through a State Commission. Requires any State receiving such assistance to ensure that the SEA and the State Commission coordinate their respective activities. (Sec. 122) Repeals the Corporation's authority to assist local applicants in nonparticipating States and public or nonprofit organizations with grants for school-based service-learning programs. Repeals authority for local (as distinguished from State or tribal) applications for such grants. (Sec. 123) Revises the formula for school-based grant allotments to States. (Sec. 124) Repeals the limitation to States or Indian tribes of applications to the Corporation for school-based service-learning grants. Requires applications to give assurances that the applicant selected programs on a competitive basis. (Sec. 125) Increases from 15 percent to 25 percent the percentage of assistance which the original recipient of the grant or allotment may use for certain capacity-building activities. Authorizes the Corporation Chief Executive Officer (CEO) to place restrictions on the types and amounts of such activities. (Sec. 126) Allows a State to apply for community-based service program assistance either through an SEA or through a State Commission. Requires any State receiving such assistance to ensure that the SEA and the State Commission coordinate their respective activities. (Sec. 127) Repeals the limitation to public or private nonprofit organizations of eligibility (thus making for-profit organizations also eligible) to receive assistance for service-learning clearinghouse activities, as long as they have extensive experience with service-learning, including the use of adult volunteers to foster service-learning. (Sec. 128) Provides for reservation of funds for school-based grant payments to Indian tribes and territories. (Sec. 129) Authorizes the Corporation to make grants to, or enter into contracts or cooperative agreements with, eligible entities to support multi-State, demonstration, or other activities to improve or expand effective service-learning programs. (Sec. 130) Revises higher education programs for community service to include service-learning components. Provides for assistance in the form of contracts or cooperative agreements, as well as grants, for such programs. Makes eligible to apply for such assistance higher education institutions, including ones applying as part of a consortium with public or private nonprofit organizations, and State Commissions on National and Community Service or State agencies for higher education as part of a consortium with higher education institutions. Extends the Federal share of 50 percent of project cost to service-learning projects (and maintains that share for community service projects). Subtitle C: Amendments to Subtitle C (National Service Trust Program) - Prohibits the Corporation from making grants to Federal agencies (as opposed to contracts or cooperative agreements) to support national service programs. (Sec. 141) Specifies fiscal year limits on the Corporation's share of the cost of positions approved under the national service laws, as measured by the average budgeted cost per individual enrolled in an approved national service position, including administrative and support costs attributable to such individuals. (Sec. 143) Increases the minimum amount, and revises the maximum limit on the Federal share, for grants to assist State Commissions on National and Community Service. Repeals authority for national service program challenge grants. (Sec. 144) Authorizes the Corporation to make certain National Service Trust Program grant allotments to applicant States, the District Columbia, and the Commonwealth of Puerto Rico. Repeals the mandate to reserve certain funds for approved national service educational awards. Revises formulas for competitive distribution of remaining grant funds to States and other applicants, including local governments, Indian tribes, public or private nonprofit organizations (including labor unions), and higher education institutions. Revises requirements for grants for national service by individuals with disabilities. Requires grant recipient entities to use such funds to increase the participation of such individuals in activities carried out under the national service laws. (Current law requires use of funds to place a substantial number of such individuals as participants in National Service Trust Program projects.) Authorizes the Corporation to reserve a limited amount of funds to provide operational assistance to programs that receive approved national service positions but do not receive specified National Service Trust Program funds. Limits such operational support to not more than $1,000 per individual enrolled in an approved national service position. Authorizes the Corporation CEO to waive, or specify alternatives to, certain requirements for approved national service positions if this will further the purposes of the national service laws. Prohibits waiver of, or alternatives to, certain requirements relating to labor union consultation and concurrence. (Sec. 145) Adds consideration of the extent to which the program generates volunteer involvement, if applicable, to criteria for evaluating applications for assistance and approved national service positions. (Sec. 146) Revises requirements for selection of national service participants to provide that individuals who receive special leadership training from the Corporation prior to and upon assignment by the Corporation to national service programs shall not, by reason of their status as such leaders, be considered Federal employees, except for purposes of specified laws relating to compensation for work-related injuries and torts claims procedure. (Sec. 147) Revises terms of national service and eligibility conditions for receiving a national service educational award in cases of release for compelling personal circumstances. Authorizes the organization responsible for granting the release to: (1) determine if such circumstances are compelling, if the participant has performed satisfactorily and has completed at least 15 percent of the original term of service; and (2) certify the participant's eligibility for a portion of such award. (Sec. 148) Revises limitations on national service living allowances. Requires reduction of such an allowance by the amount of the individual's concurrent Federal Work-Study award. (Sec. 149) Authorizes the Corporation to waive, or specify alternatives to, certain requirements for matching funds and use of assistance. Prohibits waiver of, or alternatives to, certain requirements relating to labor union consultation and concurrence. Subtitle D: Amendments to Subtitle D (National Service Trust and Provision of National Service Educational Awards) - Makes National Service Trust funds available for: (1) national service scholarships and (2) administrative expenses to ensure effective Trust management. (Sec. 152) Requires the supervisory organization to certify that an individual is eligible to receive a national service educational award from the Trust. Revises eligibility requirements for those released for compelling personal circumstances to include satisfactory performance and completion of at least 15 percent of the required term of service. Provides that an individual may receive no more than the aggregate value of two full-time national service educational awards. (Sec. 153) Makes national service educational award amounts available to pay an individual's expenses incurred in enrolling at any educational institution or training establishment that meets requirements for veterans educational benefits. Expands the definition of qualified student loans for which such payments may be made to include certain loans made directly by the lender to the student. Transfers to the Corporation CEO the authority to approve whether a national service program may offer participants an alternative post-service benefit funded entirely from non-Federal resources. (Sec. 154) Establishes the national service scholarship program. Authorizes the Corporation to use amounts in the Trust to: (1) support the scholarship program to recognize high school juniors and seniors engaged in outstanding community service; and (2) supplement locally-funded scholarships to help cover an individual's postsecondary education or job training costs. Limits the Corporation's share of an individual's scholarship under such program to not more than $500. Subtitle E: Amendments to Subtitle E (National Civilian Community Corps) - Makes it an additional purpose of establishing the National Civilian Community Corps to provide a basis for determining whether residential service programs can meet national and community needs related to natural and other disasters in coordination with the Federal Emergency Management Agency and other public and private organizations. (Sec. 162) Requires the national service program component of the Corps to be residential. (Sec. 163) Increases the minimum age for Corps participation from 16 to 18 by the end of the calendar year in which the individual enrolls. Repeals the eligibility of persons between 18 and 24 who have not received a high school diploma or its equivalent. Allows, as an alternative to holding a high school diploma or equivalent, not having dropped out of elementary or secondary school to participate, and agreeing to obtain a high school diploma or equivalent. (Sec. 164) Authorizes the Corps Director to select individuals with prior supervisory or service experience to be Team Leaders in the Corps to perform service that includes leading and supervising teams of Corps Members. Requires such Team Leaders to be: (1) selected without regard to age limitation; (2) Corps members; and (3) given rights and benefits applicable to Corps Members, without the limitation on the amount of living allowance. (Sec. 165) Includes State Commissions among those to be consulted in developing Corps project proposals. Requires the Corps Director, in project selection, to place appropriate emphasis on projects addressing the environment and in support of disaster relief efforts. (Sec. 166) Eliminates the option of Corps members upon completion of a service period to elect a post-service benefit alternative (of cash or other suitable benefit) instead of a national service educational award (thus requiring them to receive the educational award). (Sec. 167) Transfers to the Corporation CEO specified duties of the Corps Director with respect to a permanent cadre of Corps supervisors and training instructors. Requires the CEO to include the Director in such cadre and consider the Director's recommendations in appointing the other cadre members. (Sec. 168) Requires the Corps Advisory Board to advise the Corporation CEO as well as the Corps Director. Includes nonprofit organizations and the Director of the Federal Emergency Management Agency among Advisory Board members. Subtitle F: Amendments to Subtitle F (Administrative Provisions) - Revises NCSA with respect to: (1) notice, hearing, and grievance procedures; (2) resolution of displacement complaints; and (3) agreements with States. Subtitle G: Amendments to Subtitle G (Corporation for National and Community Service) - Revises NCSA with respect to: (1) Corporation for National and Community Service terms of office; (2) peer reviewers; and (3) officers. Subtitle H: Amendment to Title III (Points of Light Foundation) - Revises NCSA to allow the Corporation CEO to serve as an ex officio, nonvoting member of the Points of Light Foundation's Board of Directors. Subtitle I: Amendments to Title V (Authorization of Appropriations) - Revises and extends through FY 2002 the authorization of appropriations for NCSA programs. Title II: Amendments to the Domestic Volunteer Service Act of 1973 - Subtitle A: Amendments to Title I (National Volunteer Antipoverty Programs) - Amends the Domestic Volunteer Service Act of 1973 (DVSA) to revise provisions for National Volunteer Antipoverty Programs with respect to the Volunteers in Service to America (VISTA) program's: (1) support of efforts by local agencies and organizations to achieve long-term sustainability of VISTA activities in the absence of Federal assistance; (2) operation by the Director of the ACTION agency; (3) funds for related public awareness and recruitment activities under the national service laws; (4) assistance in post-service transition; (5) cost-sharing; (6) limitation on number of terms of service; (7) grievance procedure; (8) competition requirement for grants and contracts; and (9) consideration, in merit selection of projects, on existing projects' needs as well as potential new projects. (Sec. 219) Repeals authority for the VISTA Literacy Corps. (Sec. 220) Repeals the prohibition against denying assistance to a project or program solely on the basis of the assistance already received. Requires the Corps Director to grant assistance to a project or program only on the basis of merit (as under existing law) and the achievement of sustainability. (Sec. 221) Repeals authority for special volunteer programs. Subtitle B: Amendments to Title II (National Senior Volunteer Corps) - Revises DVSA provisions for national older American volunteer programs. Renames them collectively the National Senior Volunteer Corps (Senior Corps), composed of the Retired and Senior Volunteer Program (RSVP), the Foster Grandparent Program (FGP), the Senior Companion Program (SCP), and demonstration and other programs of community service opportunities for people 55 years of age or older. (Sec. 233) Allows cost-defraying incentives to Retired and Senior Volunteer Program (RSVP) project volunteers who make a substantial commitment of time and coordinate activities, including training, and otherwise support other volunteers. Eliminates the requirement for State agency prior review of RSVP grants and contracts. (Sec. 234) Makes eligible for Foster Grandparent Program (FGP) enrollment low-income individuals 55 or older, giving priority to those 60 or older (current law requires such volunteers to be 60 or older). (Sec. 235) Revises requirements for an agreement on FGP person-to-person services. Authorizes the agency responsible for providing such services to determine whether it is in the best interests of a child receiving, and of a particular foster grandparent providing, such services to continue such relationship after the child reaches the age of 21. Requires any foster grandparent replacement to be determined through the mutual agreement of all parties involved in the provision of services to the child. (Sec. 236) Raises the low-income ceiling for FGP eligibility from 125 percent to 150 percent of the poverty line amount. (Sec. 237) Allows individuals who are not low-income persons to serve as FGP volunteers, if their appointment does not prevent or displace low-income persons from being volunteers. Limits to ten percent of FGP appropriations the amount that may be used to cover any costs relating to FGP volunteers who are not low-income persons. (Sec. 238) Authorizes the ACTION Director to: (1) support Foster Grandparent Leaders who, by virtue of past volunteer experience, special skills, and demonstrated leadership abilities, may coordinate activities, including training; and (2) otherwise support the service of FGP volunteers. (Sec. 239) Makes eligible for Senior Companion Program (SCP) enrollment low-income individuals 55 or older, giving priority to those 60 or older (current law requires such volunteers to be 60 or older). (Sec. 240) Authorizes the ACTION Director to: (1) support Senior Companion Leaders who, by virtue of past volunteer experience, special skills, and demonstrated leadership abilities, may coordinate activities, including training; and (2) otherwise support the service of SCP volunteers. (Sec. 241) Revises provisions for grants for programs of national significance. Subtitle C: Amendments to Title IV (Administration and Coordination) - Deems volunteers in DVSA programs to be Federal employees for purposes of family and medical leave requirements. (Sec. 252) Permits program and project evaluation activities to include subjects relating to the national service laws, if the ACTION Director determines that this will assist the Corporation for National and Community Service in conducting more efficient evaluations and in avoiding duplication of effort and function. Repeals the mandate for evaluation of programs relating to services that assist families caring for frail and disabled adult family members. Subtitle D: Amendments to Title V (Authorization of Appropriations) - Extends through FY 2002 the authorization of appropriations under DVSA for: (1) the VISTA program; (2) National Senior Service Corps programs (RSVP, FGP, SCP, and programs of national significance); and (3) administration and coordination. (Sec. 264) Authorizes FY 1998 through 2002 appropriations for certain DVSA evaluation activities. Title III: Technical Amendments - Subtitle A: Technical Amendments to the National and Community Service Act of 1990 - Makes various technical amendments to NCSA. Subtitle B: Technical Amendments to the Domestic Volunteer Service Act of 1973 - Makes various technical amendments to DVSA. Title IV: Amendments to Other Laws - Makes technical amendments to the Higher Education Act of 1965, the Bilingual Education Act, and a specified Federal law relating to the Public Lands Corps. (Sec. 403) Repeals the eligibility of the Secretaries of Transportation and of Housing and Urban Development for NCSA funds for the Urban Youth Corps.
United States · United States Congress · 26 March 1998
Urges the Congress and the President to give programs under the Individuals with Disabilities Education Act (IDEA) the highest priority among Federal education programs by working to fund the maximum State grant allocation for educating children with disabilities under such Act.
United States · United States Congress · 24 March 1998
New Mothers' Breastfeeding Promotion and Protection Act of 1998 - Amends the Civil Rights Act of 1964 to include breastfeeding or expression of milk from the breast to feed a child among those activities for which a woman may not be discriminated against in employment. (Sec. 4) Amends the Internal Revenue Code to allow a tax credit for 50 percent of employer expenses for providing an appropriate environment on business premises for employed mothers to breastfeed or express milk for their children. (Sec. 5) Directs the Secretary of Health and Human Services (HHS) to put into effect a performance standard for breast pumps irrespective of the class to which the device has been classified under the Federal Food, Drug, and Cosmetic Act, identifying those pumps appropriate for use on a regular basis in a place of employment based on the efficiency and effectiveness of the pump and on sanitation factors related to communal use. Requires the Secretary, acting through the Commissioner of Food and Drugs, to issue a compliance policy guide which will assure that women who want to breastfeed a child are given full and complete information about breast pumps. (Sec. 6) Amends the Family and Medical Leave Act of 1993 (FMLA), and Federal civil service law, to require family and medical leave for nursing mothers' breaks, if the lactating mothers are entitled to specified leave as private or public employees under such law. Directs the Secretary of Labor to promulgate regulations to implement such FMLA requirement. (Sec. 7) Directs the Secretary of HHS, acting through the Maternal and Child Health Bureau of the Health Resources and Services Administration and in cooperation with the Secretary of Agriculture and other appropriate Federal agency heads, to undertake a campaign aimed at health professionals and the general public to promote the benefits of breastfeeding for infants, mothers, and families, especially public and private health professionals providing health services under Federal programs (including those for Federal employees). (Sec. 8) Amends the Child Nutrition Act of 1966 to allow State agencies to use funds made available for food benefits (including savings from infant formula cost containment) for breastfeeding promotion and support activities under the special supplemental nutrition program for women, infants, and children (the WIC program).
United States · United States Congress · 19 March 1998
Authorizes the President to present, on behalf of the Congress, a gold medal to Gerald and Betty Ford in recognition of their dedicated public service and outstanding humanitarian contributions to the people of the United States. Authorizes appropriations. Authorizes the Secretary of the Treasury to strike and sell duplicate medals in bronze. Declares such medals to be national medals.
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
TABLE OF CONTENTS: Title I: Reduction of Special Interest Influence Title II: Independent and Coordinated Expenditures Title III: Disclosure Title IV: Personal Wealth Option Title V: Miscellaneous Title VI: Severability; Constitutionality; Effective Date; Regulations Bipartisan Campaign Reform Act of 1998 - Title I: Reduction of Special Interest Influence - Amends the Federal Election Campaign Act of 1971 (FECA) with respect to "soft money" to: (1) prohibit a national committee of a political party, including a national congressional campaign committee of political party, and any officers or agents of such party committees, and specified related entities, from soliciting, receiving, or directing to another person a contribution, donation, or transfer of funds, or spend any funds not subject to the limitations, prohibitions, and reporting requirements of FECA; (2) require State, district, or local committees of political parties (including specified related entities) to make expenditures and disbursements for Federal election activities (with exceptions) from funds subject to the limitations, prohibitions, and reporting requirements of FECA; (3) require national, State, district, or local committees and specified related entities to make amounts spent for fundraising costs of Federal election activities from funds subject to the limitations, prohibitions, and reporting requirements of FECA; (4) prohibit national, State, district, or local committees (including national congressional campaign committees and specified related entities) from soliciting funds for, or making or directing donations to, tax-exempt organizations or organizations that have submitted applications for tax-exemption status; and (5) prohibit candidates, incumbents, or their agents from soliciting, receiving, directing, transferring, or spending funds for Federal election activities on behalf of such candidates, incumbents, agents or any other persons (with exceptions), unless the funds are subject to the limitations, prohibitions, and reporting requirements of FECA. (Sec. 102) Prohibits any person from making contributions to a State committee in any year that exceed, in the aggregate, $10,000. Increases the aggregate individual contribution limit from $25,000 to $30,000. (Sec. 103) Requires: (1) national committees, national congressional campaign committees, and subordinate committees of either, to report all receipts and disbursements during the reporting period; (2) State, district, and local committees to report all receipts and disbursements made for specified Federal election activities; and (3) political committees having receipts or disbursements from persons in excess of $200 for any year, to separately itemize their reporting for such persons. Title II: Independent and Coordinated Expenditures - Redefines the term "independent expenditure" to mean an expenditure by a person for: (1) a communication that is express advocacy; and (2) that is not provided in coordination with a candidate or a candidate's agent, or a person who is coordinating with a candidate or a candidate's agent. Defines the term "express advocacy." Redefines the term "expenditure" to include: (1) a payment for a communication that is express advocacy; and (2) a payment made by a person for a communication that refers to a clearly identified candidate, is provided in coordination with the candidate, the candidate's agent, or the candidate's political party, and is for the purpose of influencing a Federal election (regardless of whether the communication is express advocacy). (Sec. 202) Prohibits the Commission, if the Commission determines that there is probable cause to believe that a person has made a knowing and willful violation involving the reporting of an independent expenditure, from entering into a conciliation agreement. Permits the Commission, when it makes such a determination, to institute a civil action for relief. (Sec. 203) Sets forth reporting requirements for certain independent expenditures made by persons (including political committees) aggregating: (1) $1,000 or more; and (2) $10,000 or more. Requires additional reports to be filed each time such independent expenditures are made. Requires such reports to: (1) be filed with the Commission; and (2) and contain the information required for a person who receives any disbursement in excess of $200 in connection with an independent expenditure, including the name of each candidate to whom an expenditure is intended to support or oppose. (Sec. 204) Prohibits a committee of a political party, on or after the date on which the political party nominates a candidate, from making both coordinated expenditures and independent expenditures to the candidate during the election cycle. Requires a committee of a political party, before making a coordinated expenditure to a candidate, to file with the Commission a certification that the committee has not and shall not make any independent expenditure to the candidate during the same election cycle. Prohibits a committee of a political party that submits a certification with respect to a candidate from, during an election cycle, transferring any funds to, assigning authority to make coordinated expenditures to, or receiving a transfer of funds from, a political committee of the party that has made or intends to make an independent expenditure to the candidate. (Sec. 205) Redefines the term "contribution" to include anything of value provided by a person in coordination with a candidate for the purpose of influencing a Federal election in which such candidate seeks nomination or election to Federal office, regardless of whether the value being provided is a communication that is express advocacy. Defines the term "provided in coordination with a candidate." Considers a thing of value provided in coordination with a candidate, as a contribution to the candidate, and in the case of a limitation on expenditures, shall be treated as an expenditure by the candidate. Redefines the term "contribution or expenditure" with respect to contributions or expenditures by national banks, corporations, and labor organizations, to include a contribution or expenditure as defined under this Act. Title III: Disclosure - Replaces provisions permitting the filing of reports electronically with provisions requiring the Commission to: (1) promulgate a regulation for the filing of reports using computers and facsimile machines; (2) make electronically filed reports accessible to the public on the Internet within 24 hours after such reports are received by the Commission; and (3) provide methods (other than requiring a signature on the document being filed) for verifying reports covered by the regulation. (Sec. 302) Prohibits the deposit (except in escrow accounts) or negotiation of contributions from a person making aggregate contributions in excess of $200 during a year by a candidate's authorized committee unless the required contributor information is complete. (Sec. 303) Permits the Commission to conduct random audits and investigations to ensure voluntary compliance with FECA. Extends, from six to twelve months, the period during which campaign audits may be begun. (Sec. 304) Revises reporting requirements for the identification of contributors (other than political committees) to: (1) lower the $200 threshold for the reporting of contributor identification to $50; and (2) require that the identification of persons who make contributions of at least $50 but not more than $200 during a year need include only their names and addresses. (Sec. 305) Revises requirements for the use of candidates' names. (Sec. 306) Prohibits a person soliciting contributions by falsely representing himself or herself to be a candidate or a representative of a candidate, a political committee, or a political party. (Sec. 307) Requires filing of a certain statement with the Commission by persons, other than political committees and religious and apostolic organizations, that make aggregate disbursements in excess of $50,000 during a year for specified Federal election activities: (1) on a monthly basis; or (2) within 24 hours, in the case of disbursements made within 20 days of an election. Exempts from such filing requirements: (1) a candidate or a candidate's authorized committees; and (2) independent expenditures. (Sec. 308) Revises provisions concerning the publication and distribution of any print, broadcast, or general political advertising. Title IV: Personal Wealth Option - Directs the Commission to issue a certification that a House of Representatives candidate is an eligible primary or general election candidate if the candidate files with the Commission a declaration that the candidate and the candidate's authorized committees will not (in the case of a primary candidate) or did not (in the case of a general election candidate) exceed a personal funds expenditure limit of $50,000. Directs the Commission, if the limit is exceeded to: (1) revoke the certification; and (2) require the candidate and the candidate's authorized committees to pay a penalty to the Commission. Prohibits coordinated expenditures if a candidate is not an eligible House candidate. Title V: Miscellaneous - Amends the National Labor Relations Act to make it an unfair labor practice for any labor organization, which receives payments from an employee pursuant to an agreement requiring non-member employees to make payments to such organization in lieu of organization dues or fees, not to establish and implement the requirements of a specified objection procedure. (Sec. 502) Amends FECA to revise provisions concerning the permitted and prohibited uses of contributed amounts by candidates and incumbents for certain purposes. (Sec. 503) Revises Federal law concerning permitted time frames for mailing franked mail to prohibit any mass mailing as franked mail during any year in which there will be an election for a seat held by a Member during the period between January 1 of the election year and the date of the general election, unless the Member will not be a candidate for reelection. (Sec. 504) Amends Federal criminal law to revise the prohibition on fundraising on Federal property. Prohibits an officer or employee of the Federal Government, including the President, Vice-President, and Members of the Congress, from soliciting a donation of money or other thing of value for a political committee or candidate for Federal, State, or local office, from any person while in any room or building occupied in the discharge of official duties by an officer or employee of the United States. Imposes on violators a monetary penalty, imprisonment, or both. Excepts from the prohibition contributions received by the staff of the Executive Office of the President. (Sec. 505) Amends FECA to double the penalties for knowing and willful violations of FECA, the Presidential Election Campaign Fund Act, and the Presidential Primary Matching Payment Account Act. Permits in the inclusion of conciliation agreements for such violations, equitable remedies or penalties, including disgorgement of funds to the Treasury or community service requirements (including requirements to participate in public education programs). Sets forth requirements for the late filing of FECA reports, including requiring the establishment of mandatory monetary penalties. (Sec. 506) Revises the ban on contributions by foreign nationals by making it unlawful for: (1) foreign nationals to make donations in connection with Federal, State, or local elections to political committees or candidates for Federal office, or contributions or donations to committees of political parties; or (2) persons to solicit, accept, or receive such contributions or donations from foreign nationals. (Sec. 507) Prohibits minors from making contributions to candidates or contributions or donations to committees of political parties. (Sec. 508) Permits the Commission to: (1) order expedited proceedings for certain complaints; and (2) refer, at any time, to the Attorney General a possible violation of FECA, the Presidential Election Campaign Fund Act, or the Presidential Primary Matching Payment Account Act. (Sec. 509) Revises the basis for mandatory Commission initiation of enforcement proceedings upon receipt of a complaint alleging a violation of such Acts. Replaces "has reason to believe" a violation has been or is about to be committed with "has reason to investigate whether" such a violation has been or is about to be committed. Title VI: Severability; Constitutionality; Effective Date; Regulations - Sets forth provisions concerning: (1) severability; (2) review of constitutional issues; (3) effective date; and (4) regulations.
United States · United States Congress · 19 March 1998
Health Care Claims Guidance Act - Amends Federal law relating to claims against the U. S. Government to prohibit any action under such provisions based on a claim submitted: (1) under a federally funded health care program unless the amount of damages alleged is a material amount; (2) in reliance on erroneous information supplied by a Federal agency or in reliance on written statements of Federal policy which affects such claim provided by a Federal agency; or (3) by a person that is in substantial compliance with a model compliance plan issued by the Secretary of Health and Human Services (in consultation with the Secretary of Defense). Requires that the Government prove an allegation of a false health care claim by clear and convincing evidence. Defines, for the amendments made by this Act, "federally funded health care program" to mean a program that provides health benefits, directly or otherwise, established under Social Security Act titles XVIII (Medicare), XIX (Medicaid), or XXI (Children's Health Insurance) or provisions of Federal law relating to the armed forces.
United States · United States Congress · 19 March 1998
Amends the Internal Revenue Code to increase standard deduction amounts. Establishes the deduction for a joint return or surviving spouse at twice that for: (1) an individual who is not married and not a surviving spouse or head of household; or (2) a married individual filing separately. Provides for annual inflation adjustments.
United States · United States Congress · 17 March 1998
Expresses the sense of the Congress that the Secretary of Commerce should ensure that: (1) the 2000 decennial census of population include the administration of a long-form questionnaire; (2) the content of such questionnaire include, at a minimum, specified subjects sent to the Congress by the Census Bureau on March 31, 1997; and (3) a sufficient number of households receive such questionnaire to ensure the availability of reliable data for small geographic areas.
United States · United States Congress · 12 March 1998
Expresses the sense of the Congress that the Federal Government should: (1) increase its financial support for basic and applied scientific research in the United States; (2) encourage the maintenance and growth of such scientific research within the corporate and industrial sectors of the U.S. economy; and (3) analyze and, where necessary, adjust the Federal incentives with respect to such scientific research to ensure the global competitiveness of the United States.
United States · United States Congress · 11 March 1998
Affordable Housing Barrier Removal Act of 1998 - Provides for a Department of Housing and Urban Development (HUD)-sponsored biennial conference on (regulatory) barriers to affordable housing. Requires proposed and final agency rules to analyze their impact upon affordable housing availability. Directs the Secretary of Housing and Urban Development to develop model housing impact analyses. (Sec. 5) Amends the Housing and Community Development Act of 1992 to authorize direct appropriations for State and local grants for regulatory barrier removal. (Sec. 6) Amends the Housing and Community Development Act of 1974 to make affordable housing barrier removal eligible for community development block grant assistance. (Sec. 7) States that the regulatory barriers clearinghouse shall be established within the Office of Policy Development of HUD under the direction of the Assistant Secretary for Policy Development and Research. (Sec. 8) Amends the National Housing Act to: (1) repeal the single family mortgage insurance owner-occupancy requirement; (2) repeal mortgage limits on dwellings begun prior to insurance approval; (3) revise the definition of "area"; and (4) revise downpayment provisions. (Sec. 9) Amends the Federal Home Loan Bank Act to: (1) include 1- to 4-family residential construction loans within the percent of residential assets required of a qualifying Federal Home Loan Bank; and (2) eliminate the 30 percent cap on certain real estate-related capital that may be held as collateral by a member institution.
United States · United States Congress · 5 March 1998
TABLE OF CONTENTS: Title I: Ethical Standards for Federal Prosecutors Title II: Punishable Conduct Citizens Protection Act of 1998 - Title I: Ethical Standards for Federal Prosecutors - Subjects a Government attorney to State laws and rules, and local Federal court rules, governing attorneys in each State where such attorney engages in duties to the same extent and in the same manner as other attorneys in that State. Directs the Attorney General to make and amend rules of the Department of Justice (DOJ) to assure compliance with this title. Title II: Punishable Conduct - Directs the Attorney General to: (1) establish by rule that it shall be punishable conduct for any DOJ employee to seek an indictment in the absence of probable cause, to fail promptly to release information that would exonerate a person under indictment, to intentionally or knowingly misstate or alter evidence, to attempt to influence or color a witness's testimony, to act to frustrate or impede a defendant's right to discovery, to offer or provide sexual activities to any government witness or potential witness, to leak or otherwise improperly disseminate information to any person during an investigation, or to engage in conduct that discredits DOJ; and (2) establish penalties for engaging in such conduct, including probation, demotion, dismissal, referral of ethical charges to the bar, loss of pension or other retirement benefits, suspension from employment, and referral of the allegations (if appropriate) to a grand jury for possible criminal prosecution. (Sec. 202) Sets forth procedures regarding written complaints of such conduct by a DOJ employee, investigation of such complaints by the Attorney General, and imposition of appropriate penalties. (Sec. 203) Establishes an independent Misconduct Review Board to review all determinations by the Attorney General with respect to such complaints and to investigate allegations made in statements that may be submitted to it with respect to complaints for which the Attorney General has made no determination or imposed no penalty. Authorizes the Board to impose penalties established above.
United States · United States Congress · 5 March 1998
TABLE OF CONTENTS: Title I: Child Care and Development Services Title II: Strengthening the 21st Century Community Learning Centers Act Title III: Crime Prevention Program America After School Act - Title I: Child Care and Development Services - Amends the Child Care and Development Block Grant Act of 1990 to authorize appropriations for FY 1999 through 2003 for new and expanded programs for child care and development services, including direct services provided outside of normal school hours, to promote the health and academic achievement of school age children, and assist the children in avoiding high risk behaviors. (Sec. 103) Requires each State that receives a block grant under such Act to make grants to elementary or secondary schools or community-based organizations to expand the availability and affordability of quality child care and development services, especially direct services provided outside of normal school hours (including before- and after-school care and weekend, holiday, and summer care) for school age children. Requires grant preference to entities that: (1) serve communities with a high rate of poverty and a high incidence of at-risk children; and (2) propose programs that make certain transportation services available to the children served. Requires the use of grant funds for direct services outside of normal school hours, related quality services, and indirect services. Title II: Strengthening the 21st Century Community Learning Centers Act - 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. 201) Increases the maximum duration of such a grant from three to five years. (Sec. 202) Requires the LEA to demonstrate that it will provide specified portions of the annual costs of project-assisted activities from sources other than such grant funds. (Sec. 203) 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. 204) Authorizes continuation awards of FY 1998 grants. (Sec. 205) Extends through FY 2003 the authorization of appropriations for such Act. Title III: Crime Prevention Program - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to establish the After School Crime Prevention program. Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to public and private agencies to fund effective after school juvenile crime prevention programs. Requires grantees to make available non-Federal matching funds in percentages determined by the Administrator. Requires grant priority to programs that: (1) are targeted to high crime neighborhoods or at-risk juveniles; (2) operate during the period immediately following normal school hours; (3) provide 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. (Sec. 301) Authorizes appropriations for FY 1999 through 2003 for such grants.
United States · United States Congress · 5 March 1998
Patient Safety and Health Care Whistleblower Protection Act of 1998 - Prohibits retaliation or discrimination against a health care worker because the worker disclosed information, advocated for patients, or initiated, cooperated with, or participated in any governmental investigation or proceeding regarding the care, services, or conditions of a health care entity if: (1) the information is true; and (2) the information disclosed evidences a violation of a law, rule, or professional standard or relates to matters endangering patients, workers, or the public. Prohibits contracts, policies, and procedures restricting the actions for which retaliation or discrimination is prohibited. Declares that these provisions do not protect disclosures violating confidentiality law. Prohibits disclosing the identity of the worker, subject to exception. Provides for enforcement through private civil actions and, for certain willful and repeated violations, criminal penalties. Declares that this Act does not preempt other laws and allows States to enforce laws providing equivalent or greater worker protections.
United States · United States Congress · 5 March 1998
Recruit and Reward Future Math and Science Teachers of America Act of 1998 - Amends the Higher Education Act of 1965 to establish a pilot program for recruitment and training of future secondary school mathematics and science teachers. Makes available 500 scholarship grants and stipends to outstanding students enrolled in nationally accredited teacher training graduate programs who are committed to pursuing such careers in secondary school mathematics and science teaching. Authorized appropriations. Designates funds under this Act as National Math and Science Teacher Scholarships. Authorizes the Secretary of Education to award funds for such scholarships on a competitive basis to qualifying higher education institutions with graduate programs in teacher training. Limits the amount of such funds in any academic year which may be awarded to any individual higher education institution. Requires such institutions to: (1) meet nationally accredited teacher training graduate program standards; or (2) demonstrate to the Secretary that at least 90 percent of the graduates of the graduate teacher training program take, and on their first attempt pass, the State teacher qualification assessments for new teachers. Sets forth eligibility requirements for individual scholarships. Limits the scholarship amount per student to $10,000 per academic year. Requires scholarship recipients to agree to teach in an urban or rural public secondary school for at least three full academic years, or repay the pro rata amount of awards received, plus interest, for any failure to fulfill such obligation. Sets forth exceptions to such repayment requirements.
United States · United States Congress · 4 March 1998
Public School Modernization Act of 1998 - Amends the Internal Revenue Code to revise current incentives for education zones into incentives for qualified public school modernization bonds, including (currently existing) qualified zone academy bonds and (newly established) qualified school construction bonds. Allows a limited tax credit, computed according to a specified formula, to taxpayers holding such public school modernization bonds. Raises the national zone academy bond limitation from $400 million to $1.4 billion for calendar 1999 (and 2000), and eliminates the limitation after 2000. Prescribes requirements for national qualified school construction bonds, with a national limitation of $9.7 billion each for calendar 1999 and 2000 and no limit after 2000.
United States · United States Congress · 26 February 1998
Calls for the Citizens Stamp Advisory Committee to recommend and the Postal Service to issue a commemorative postage stamp honoring the U.S. Submarine Force on its 100th anniversary.
United States · United States Congress · 25 February 1998
Credit Union Membership Protection Act - Amends the Federal Credit Union Act to permit any person who is a Federal credit union member as of February 25, 1998, to retain member status if such status would be lost as a result of a certain Supreme Court decision construing membership criteria.
United States · United States Congress · 24 February 1998
Federal Pay Fairness Act of 1998 - Amends Federal law concerning Government organization and employees to modify the conditions that must be met before the President may provide for an alternative pay plan or an alternative level of comparability payments. Applies the new standards starting with any alternative pay adjustments and any alternative level of comparability payments scheduled to take effect after 1998.
United States · United States Congress · 12 February 1998
Biomedical Revitalization Resolution of 1998 - Expresses the sense of the House of Representatives that funding for the National Institutes of Health should be increased by $2 billion in FY 1999.
United States · United States Congress · 11 February 1998
Expresses the sense of the House of Representatives that: (1) the Attorney General should enforce the law and protect from violent attack persons seeking to provide or obtain, or assist in providing or obtaining, reproductive health services; and (2) the Congress should allocate the resources needed to accomplish the Department of Justice's mission, including reproductive health services clinic protection.
United States · United States Congress · 4 February 1998
Authorizes the President, on behalf of the Congress, to present a gold medal to Nelson Rolihlahla Mandela in recognition of his life-long dedication to the abolition of apartheid and the promotion of reconciliation among the people of the Republic of South Africa. Directs the Secretary of the Treasury to strike a gold medal and sell duplicates in bronze at a price sufficient to cover the costs of the medals. Declares such medals to be national medals. Authorizes a maximum charge against the United States Mint Public Enterprise Fund to pay for the costs of the medals. Mandates that proceeds from sales of duplicate bronze medals be deposited in such Fund.
United States · United States Congress · 4 February 1998
Expresses the sense of the Congress that national goals should include providing access to affordable housing and expanding home ownership opportunities pursued through policies of tax incentives and private and public sector activities.
![Official portrait of Rep. Baldacci, John Elias [D-ME-2]](https://www.congress.gov/img/member/b000081_200.jpg)