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![Official portrait of Rep. Canady, Charles T. [R-FL-12]](https://www.congress.gov/img/member/c000107_200.jpg)
United States · Official source
1,125 records where Rep. Canady, Charles T. [R-FL-12] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 6 August 1998
Medicare Health Plan Fair Payment Act - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to eliminate the budget neutrality adjustment factor used in calculating the blended capitation rate for payment of Medicare+Choice organizations.
United States · United States Congress · 3 August 1998
Expresses: (1) sincere appreciation for the military service of Lieutenant Colonel David H. Pickett, Private First Class Earnest Dawson, Jr., and Chief Warrant Officer Daniel Scott; and (2) deepest sympathy to the families of David H. Pickett and Earnest Dawson, Jr., for their tragic and wrongful deaths; (3) profound regret that the available remedies have failed to bring Ferman Hernandez and Serveriano Fuentes, the men responsible for executing Pickett and Dawson, to justice. Declares that: (1) the United States should improve the legal protections for its military personnel who serve in foreign lands and their families; and (2) the Government of El Salvador should amend its Constitution to permit the extradition of Hernandez and Fuentes to the United States for trial. Urges the President to: (1) continue efforts to obtain the extradition of Hernandez and Fuentes; (2) initiate changes to the Geneva Convention and other international agreements that would prevent amnesty from being used to deny redress for grave breaches of the Geneva Convention; (3) initiate other changes to the Geneva Convention and other relevant international agreements to ensure and improve the legal protections for U.S. military personnel serving in foreign lands and their families; (4) examine all status-of-forces agreements and similar agreements and obtain revisions to ensure that the legal protections for U.S. military personnel will not suffer another failure; (5) encourage other countries to enact laws substantially similar to the War Crimes Act of 1996; and (6) report to the Congress at least annually regarding the actions taken and the progress made.
United States · United States Congress · 31 July 1998
Social Security Earnings Test Grace Year Act of 1998 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to modify provisions concerning the months to which earnings are charged (grace year rule) that are used in applying provisions limiting the amount of outside income (earnings test) which a beneficiary may earn without incurring a reduction in benefits during the first year of an individual's entitlement to benefits. Declares that in determining excess earnings for such taxable year: (1) earnings for any month in such year preceding the first month in such year to which such excess earnings are chargeable shall not be taken into account; and (2) the number of months in such taxable year shall be deemed to be the number beginning with or after such first month.
United States · United States Congress · 30 July 1998
Amends the Internal Revenue Code to exempt an organization from income tax if it is created by a State to provide property and casualty insurance coverage for property for which such coverage is otherwise unavailable.
United States · United States Congress · 17 July 1998
Emergency Farm Financial Relief Act - Amends the Agricultural Market Transition Act to provide that FY 1999 production flexibility contract payments shall be paid at such time or times as the owner or producer so requests as long as payment is completed by such fiscal year's end.
United States · United States Congress · 16 July 1998
TABLE OF CONTENTS: Title I: Amendments to the Employee Retirement Income Security Act of 1974 Subtitle A: Patient Protections Subtitle B: Patient Access to Information Subtitle C: New Procedures and Access to Courts for Grievances Arising under Group Health Plans Subtitle D: Affordable Health Coverage for Employees of Small Businesses Title II: Amendments to Public Health Service Act Subtitle A: Patient Protections and Point of Service Coverage Requirements Subtitle B: Patient Access to Information Subtitle C: HealthMarts Subtitle D: Community Health Organizations Title III: Amendments to the Internal Revenue Code of 1986 Subtitle A: Patient Protections Subtitle B: Patient Access to Information Subtitle C: Medical Savings Accounts Title IV: Health Care Lawsuit Reform Subtitle A: General Provisions Subtitle B: Uniform Standards for Health Care Liability Actions Title V: Confidentiality of Health Information Title VI: Medical Savings Accounts for Federal Employees Patient Protection Act of 1998 - Title I: Amendments to the Employee Retirement Income Security Act of 1974 - Subtitle A: Patient Protections - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to prohibit a group health plan, or a health insurance issuer offering group coverage, from imposing on a health professional any prohibition on advice provided to a participant or beneficiary. Requires a plan or issuer, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization) for emergency medical screening examinations if a prudent layperson would determine them necessary; (2) routine gynecological or obstetric specialist care, to provide those benefits without authorization or referral by a primary care provider; or (3) routine pediatric specialist care, to allow designation of a pediatric specialist as the primary provider. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. Subtitle C: New Procedures and Access to Courts for Grievance Arising Under Group Health Plans - Requires group health plans to: (1) provide written notice to participants or beneficiaries and providers of adverse coverage decisions; and (2) meet specified time limits for responding to routine, urgent, and emergency benefit payment requests, coverage advance determinations, and medical necessity determinations. Provides for initial coverage decision internal and, in certain circumstances, external review. Makes a plan's fiduciary who, after an external review recommends coverage, causes a failure to provide a benefit liable to the participant or beneficiary for a civil penalty and attorney's fees and costs. Allows assessment of a civil penalty against a fiduciary for any pattern or practice of repeated adverse coverage decisions in violation of the terms of the plan or ERISA. Allows an action before exhaustion of administrative remedies. Provides for concurrent Federal-State court jurisdiction for actions relating to certain amendments made by this Act. Subtitle D: Affordable Health Coverage for Employees of Small Businesses - Small Business Affordable Health Coverage Act of 1998 - Defines "association health plan" to mean a group health plan meeting specified requirements, including being sponsored by a trade, industry, or professional association, a chamber of commerce (or a similar business association) organized and maintained for substantial purposes other than obtaining or providing medical care. Provides for association plan certification and mandates a class certification procedure. Regulates association plans' boards of trustees and sponsors. Prohibits, for plans in existence on the date of enactment of this Act, a sponsor's affiliated members from being offered coverage unless the member: (1) was affiliated on the certification date; or (2) did not maintain or contribute to a group health plan during the 12 months before the offering of coverage. Prohibits a participating employer from providing health coverage in the individual market for any employee who is eligible for plan coverage if the exclusion from plan coverage is based on health status. Prohibits excluding an employer from an association plan if the employer and plan each meet specified requirements. Prohibits contribution rates for any participating small employers from varying on the basis of claims experience or type of business. Requires, if any plan benefit option does not consist of health coverage, that the plan have at least 1,000 participants and beneficiaries. Requires, if a benefit option consisting of health coverage is offered under the plan, that State-licensed insurance agents be used to distribute to small employers coverage that is not health coverage in a manner comparable to the manner in which those agents are used to distribute health coverage. Requires that a plan consist only of health coverage or, if the plan provides any additional benefit options, that the plan meet certain reserve and excess stop loss insurance and solvency indemnification requirements regarding the additional benefit options for which risk has not yet been transferred. Requires that all plans maintain a specified surplus. Requires association plans providing additional options to make annual payments to the Association Health Plan Fund. Requires that, when there is or will be a failure to maintain such reserves, excess stop loss insurance, and indemnification, the Secretary of Labor pay amounts as necessary to maintain the excess stop loss insurance or indemnification. Establishes the Fund. Mandates advance notice to participants and beneficiaries of certified plan termination. Requires, when a plan has failed or will fail to maintain required reserves, excess stop loss insurance, and indemnification, either corrective action or plan termination. Provides for court appointment of the Secretary as trustee to administer a plan during insolvency. Allows a State to impose a contribution tax on an association plan providing additional options if the plan began operations in the State after enactment of this Act. Sets forth special rules for church plans. Declares that the provisions of this subtitle supersede certain related State laws. (Sec. 1303) Modifies the circumstances in which two or more trades or businesses must be deemed a single employer. (Sec. 1304) Excludes from the definition of "multiple employer welfare arrangement" any arrangement: (1) established or maintained under specified Federal (or similar State) labor relations provisions; or (2) meeting certain collective bargaining and other requirements. (Sec. 1305) Imposes criminal penalties for falsely representing any benefit as: (1) being a certified association plan; or (2) having been established or maintained under certain collective bargaining agreements. (Sec. 1306) Allows a State to enter into an agreement with the Secretary for delegation to the State of some or all of the Secretary's enforcement or certification authority. Title II: Amendments to Public Health Service Act - Subtitle A: Patient Protections and Point of Service Coverage Requirements - Amends the Public Health Service Act to prohibit a group health plan, or a health insurance issuer offering group coverage, from imposing on a health professional any prohibition on advice provided to a participant or beneficiary. Requires a plan or issuer, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization) for emergency medical screening examinations if a prudent layperson would determine them necessary; (2) routine gynecological or obstetric specialist care benefits, to provide those benefits without an authorization or referral by a primary provider; or (3) routine pediatric specialist benefits, to allow designation of a pediatric specialist as the primary provider. (Sec. 2002) Requires health maintenance organizations (HMOs) that provide coverage under a group health plan only if services are furnished exclusively through members of a closed panel to make available to the plan sponsor an option covering services without regard to whether the providers are panel members. Requires HMOs, when a plan sponsor declines that option, to make optional supplemental coverage available in the individual market to each plan participant. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. (Sec. 2102) Requires the General Accounting Office to report to a specified congressional committee on the compliance of: (1) the Department of Justice and all U.S. Attorneys with a specified guideline relating to false claims and civil health care; and (2) the Office of the Inspector General of the Department of Health and Human Services with specified protocols and best practice guidelines. Subtitle C: HealthMarts - Health Care Consumer Empowerment Act of 1998 - Requires that HealthMarts: (1) be nonprofit legal entities composed of small employers, employees of small employers, health care providers, and entities that underwrite or administer health benefits coverage; and (2) make available health coverage to all small employers and eligible employees at rates established by the insurance issuer on a policy or product specific basis. Deems HealthMarts group health plans for purposes of specified provisions of ERISA and the Internal Revenue Code. Requires that coverage made available to an eligible employee in a geographic area be offered to all eligible employees in the same area. Declares that the HealthMart: (1) provides coverage only through contracts with issuers and does not assume insurance risk; (2) provides administrative services for purchasers; and (3) collects and disseminates consumer information on all coverage options offered through the Healthmart. Requires that HealthMart coverage provide full portability of creditable coverage for individuals who remain members of the same HealthMart notwithstanding that they change employers. Allows HealthMart coverage to include coverage: (1) through an HMO, a preferred provider or licensed provider-sponsored organization, an insurance company, a medical savings or flexible spending account, or a community health organization; (2) that includes a point-of- service option; or (3) any combination of those coverages. Requires a HealthMart to permit any small employer to contract for coverage and prohibits varying eligibility conditions. Prohibits the purchaser from obtaining or sponsoring coverage other than through the HealthMart. Prohibits enrollment discrimination based on health. Supersedes certain related State laws. Provides for the application of: (1) certain existing ERISA and Public Health Service Act requirements; and (2) renewability requirements when the contract between a HealthMart and an issuer is terminated. Directs the Secretary of Health and Human Services to administer this subtitle through a separate Health Care Marketplace Division. Subtitle D: Community Health Organizations - Allows a community health organization to offer health coverage in a State in spite of not being licensed in that State if the organization has received a licensure waiver from the Secretary of Health and Human Services and other requirements are met. Mandates the establishment of Federal financial solvency and capital adequacy standards. Title III: Amendments to the Internal Revenue Code of 1986 - Subtitle A: Patient Protections - Amends the Internal Revenue Code to prohibit a group health plan from imposing on a health professional any prohibition on advice provided to a participant or beneficiary. Requires a plan, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization) for emergency medical screening examinations if a prudent layperson would determine the examinations necessary; or (2) routine gynecological or obstetric specialist care, to provide those benefits without an authorization or referral by a primary provider. Requires a plan or issuer, if it provides benefits for routine pediatric specialist care, to allow designation of a pediatric specialist as the primary provider. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. (Sec. 3102) Requires the General Accounting Office to report to specified congressional committees on the compliance of: (1) the Department of Justice and all U.S. Attorneys with a specified guideline relating to false claims and civil health care; and (2) the Office of the Inspector General of the Department of Health and Human Services with specified protocols and best practice guidelines. Subtitle C: Medical Savings Accounts - Repeals provisions limiting the number of individuals having medical savings accounts. Allows all employers to offer the accounts. Modifies requirements regarding: (1) the monthly limitation on related deductions; (2) coordination with the exclusion for employer contributions; and (3) the deductible amounts that will qualify as a high deductible plan. Allows the accounts to be included in cafeteria plans. Sets forth special rules for individuals receiving immediate Federal annuities. (Sec. 3202) Allows medical savings accounts to be used by persons with incomes under a certain amount to pay for insurance offered by a community health center. Title IV: Health Care Lawsuit Reform - Subtitle A: General Provisions - Declares that this title applies to any health care liability action in any State or Federal court, except actions: (1) relating to vaccine-related injury to which title XXI (Vaccines) of the Public Health Service Act applies; or (2) under the Employee Retirement Income Security Act of 1974 (ERISA). Preempts State laws inconsistent with this title, but not that impose greater restrictions than those in this title. Excludes economic or punitive damages and attorneys' fees or costs from the determination of the amount in controversy. Subtitle B: Uniform Standards for Health Care Liability Actions - Establishes a statute of limitations for bringing a health care liability action. (Sec. 4012) Limits non-economic damages. Substitutes any different level set by a State after enactment of this Act. Makes defendants liable only for the proportion of the damages due to the defendant's fault. Allows punitive damages, to the extent permitted by State law, if the claimant establishes by clear and convincing evidence that the defendant's conduct intended to cause harm or manifested a conscious, flagrant indifference to the rights or safety of others. Prohibits punitive damages against a manufacturer or product seller of a drug or medical device where the drug or device was subject to Food and Drug Administration (FDA) premarket approval or the drug is generally recognized as safe and effective by the FDA. Prohibits punitive damages relating to packaging or labeling of a drug that is required to have tamper-resistant packaging unless the packaging or labeling is found by clear and convincing evidence to be substantially out of compliance. Prohibits requiring lump-sum payment of future economic and non-economic damages over $50,000. Allows any defendant to introduce evidence of collateral source payments. Prohibits any collateral source payments provider from recovering any amount against the claimant, receiving any lien or credit against the recovery, or being subrogated to the claimant's rights. (Sec. 4013) Requires any alternative dispute resolution used to resolve a health care liability action or claim to contain provisions consistent with this title. Title V: Confidentiality of Health Information - Amends title XI of the Social Security Act to require health care providers, health plans, employers, health or life insurers, or educational institutions to permit an individual who is the subject of protected health information to inspect and copy the information. Requires, if the individual requests addition of a supplemental statement to the information, that those parties: (1) add the statement and make reasonable efforts to inform any person to whom the information was disclosed during the preceding year; or (2) if addition of the statement is refused, allow the individual to file a statement of disagreement. Requires health care providers, health plans, health oversight agencies, public health authorities, employers, health or life insurers, health researchers, or educational institutions to maintain safeguards to ensure the confidentiality, security, accuracy, and integrity of protected health information. Requires any person who maintains protected health information to disclose the information to a health care provider or health plan to permit the provider or plan to conduct health care operations. Preempts State law provisions that: (1) are inconsistent with certain provisions of this title under Article VI (dealing with national supremacy, among other matters) of the Constitution; or (2) relate to specified matters dealt with in this title. Imposes civil fines for substantially and materially failing to comply with the above provisions of this title. Amends title XVIII (Medicare) of the Social Security Act to authorize the Secretary of Health and Human Services to refuse to enter into, terminate, or refuse to renew an agreement with a physician or supplier that has violated the above provisions of this title. Requires compliance with certain provisions of this title by Medicare+Choice organizations, Medicare providers, and HMOs with risk- sharing contracts. (Sec. 5002) Requires the Comptroller General to report to the Congress on the effect of State laws on health-related research subject to review by an institutional review board or institutional review committee with regard to the protection of human subjects. (Sec. 5003) Requires the Comptroller General to submit to the Congress a compilation of State laws on the confidentiality of protected health information and an analysis of the effect of those laws on the provision of, and securing payment for, health care. (Sec. 5004) Exempts information developed by a health care provider in response to a serious, adverse, patient-related event and for specified purposes (health care response information) from any disclosure requirement, in connection with a civil or administrative proceeding under Federal or State law, to the same extent as information developed by the provider regarding peer review, utilization review, quality management or improvement, quality control, risk management, or internal review to reduce mortality, morbidity, or patient care or safety. Prohibits deeming the protection of health care response information from disclosure modified by the development of such information in connection with a request or requirement of an accrediting body or the transfer of that information to an accrediting body. Title VI: Medical Savings Accounts for Federal Employees - Amends Federal law relating to Federal employees' health insurance to entitle an employee or annuitant enrolled in a high deductible health plan to have a Government contribution made to the employee's or annuitant's medical savings account, subject to exceptions and limitations. Requires that, at the employee's or annuitant's request, an amount specified by the employee or annuitant be withheld from their pay or annuity and contributed to their medical savings account. Requires the Office of Management and Budget (OMB) to contract for a high deductible health plan with any qualified carrier that offers such a plan and offers a plan under provisions relating to Federal employees' health insurance. Allows OMB to contract for a high deductible plan with any qualified carrier that offers such a plan but does not offer a plan under those provisions.
United States · United States Congress · 16 July 1998
Expresses: (1) the condolences of the Congress to the State and the people of Florida for the losses suffered as a result of the wild land fires occurring in June and July 1998; and (2) support to the State and the people of Florida as they overcome the effects of the fires. Commends: (1) the heroic efforts of the firefighters from across the Nation in battling the fires; and (2) the many Federal, State, and local government agencies that have contributed vital support functions in response to the fires.
United States · United States Congress · 15 July 1998
Amends rule 30 of the Federal Rules of Civil Procedure to require that depositions be recorded by stenographic or stenomask means unless the court upon motion orders, or the parties stipulate in writing, to the contrary.
United States · United States Congress · 23 June 1998
Cardiac Arrest Survival Act - Amends the Public Health Service Act with respect to emergency medical services (EMS). Requires programs for emergency medical services and preventive, diagnostic, therapeutic, and rehabilitative approaches to include: (1) development and dissemination of a core content for a model State training program applicable to cardiac arrest for inclusion in EMS educational curricula and training programs that address lifesaving interventions, including cardiopulmonary resuscitation and defibrillation; (2) a limited demonstration project to provide training in such core content; (3) identification of cardiac arrest care providers; (4) identification of equipment and supplies that should be accessible to such providers to permit lifesaving interventions; (5) development of model State and Federal legislation; and (6) coordination of a national database for reporting and collecting information on the incidence of cardiac arrest and related issues. Prescribes guidelines for the core content of the model State training program. Declares that the purpose of the model legislation is to ensure: (1) access to EMS through consideration of a requirement for public placement of lifesaving equipment; and (2) good samaritan immunity for cardiac arrest care providers, those involved with the instruction of the training programs, and owners and managers of property where equipment is placed.
United States · United States Congress · 19 June 1998
Public Safety Officer Medal of Valor Act of 1998 - Authorizes the President to award, and present in the name of the Congress, a Medal of Valor to a public safety officer who is cited by the Attorney General, on the advice of the Medal of Valor Review Board (established by this Act), for extraordinary valor above and beyond the call of duty. Establishes a permanent Medal of Valor Review Board to select candidates as recipients of the Medal from among those applications received by the National Medal Office (established by this Act). Authorizes appropriations. Establishes within the Department of Justice a National Medal Office to staff the Review Board and to establish criteria and procedures for the submission of recommendations of nominees for the Medal. Repeals provisions of the Fire Prevention and Control Act of 1974 establishing the President's Award for Outstanding Public Safety Service and the Secretary of Commerce's Award for Distinguished Public Safety Service.
United States · United States Congress · 19 June 1998
Taxpayer's Defense Act - Amends Federal law provisions concerning discretionary congressional review of agency rules to set forth provisions mandating that a rule that establishes or increases a tax, however denominated, shall not take effect before the enactment of a bill the text of which has been submitted to each House of the Congress by the agency promulgating the rule in a report that contains the bill's text and an explanation of the bill. Exempts a rule promulgated under the Internal Revenue Code. Outlines introduction, referral, and consideration procedures for approval of the bill.
United States · United States Congress · 17 June 1998
Rural Enterprise Communities Act of 1998 - Amends the Internal Revenue Code to authorize: (1) 33 additional rural enterprise communities (with an extended designation deadline); (2) designation of certain noncontiguous parcels as empowerment zones or enterprise communities; (3) a special designation exception for certain areas based upon emigration, underemployment, or economic adjustment; and (4) empowerment zone eligibility for Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. Provides for: (1) designation priority to be given to top performing enterprise communities; and (2) additional specified grants and grant amounts for rural empowerment zones and rural enterprise communities. Authorizes the Secretary of Agriculture to use certain community planning amounts under the Social Security Act to help communities apply for empowerment zone or enterprise community designation. Amends the Federal Agricultural Improvement and Reform Act of 1996 to authorize conveyance of Department of Agriculture excess property to support empowerment zones and enterprise communities.
United States · United States Congress · 11 June 1998
Designates the U.S. Postal Service buildings located at: (1) 3191 Grand Avenue in Coconut Grove, Florida, as the William R. "Billy" Rolle Post Office Building; (2) 550 Fisherman Street in Opa Locka, Florida, as the Helen Miller Post Office Building; (3) 18690 N.W. 37th Avenue in Carol City, Florida, as the Esse Silva Post Office Building; (4) 500 North West 2d Avenue in Miami, Florida, as the Athalie Range Post Office Building; and (5) 995 North West 119th Street in Miami, Florida, as the Garth Reeves, Sr. Post Office Building.
United States · United States Congress · 11 June 1998
Amends title XIX (Medicaid) of the Social Security Act to prohibit transfers or discharges of residents of nursing facilities as a result of a facility's voluntary withdrawal from participation in the Medicaid program as long as such residents resided in the facility before the withdrawal. Requires a withdrawn facility to provide appropriate notice to new residents who begin residence after the withdrawal that the facility: (1) is not participating in the Medicaid program with respect to that resident; and (2) may transfer or discharge the resident from the facility at such time as the resident is unable to pay the charges of the facility, even though the resident may have become eligible for Medicaid's nursing facility services.
United States · United States Congress · 11 June 1998
Bosnia Force Realignment Act - Prohibits the use of any funds appropriated or otherwise available to the Department of Defense (DOD) for FY 1999 or any subsequent fiscal year for the deployment of any U.S. ground combat forces in the Republic of Bosnia and Herzegovina after June 30, 1999. Provides exceptions to such prohibition to the extent necessary to support: (1) a limited number of U.S. military personnel sufficient only to protect U.S. diplomatic facilities; or (2) non-combat military personnel sufficient only to advise the commanders of the North American Treaty Organization (NATO) peacekeeping operations there. Prohibits DOD funds from being used after June 30, 1999, for: (1) the conduct of, or support for, any law enforcement activities in the Republic of Bosnia and Herzegovina, except for the training of law enforcement personnel or to prevent imminent loss of life; (2) any activity that may jeopardize the primary mission of the NATO-led force in preventing armed conflict there; (3) the transfer of refugees within the Republic of Bosnia and Herzegovina that has a purpose of acquiring control by one Bosnian Entity of territory allocated to another or that may expose U.S. armed forces to substantial risk; or (4) implementation of any decision to change the legal status of any territory within the Republic of Bosnia and Herzegovina, unless expressly agreed to by all signatories to the Dayton Peace Agreement. Requires the President to report to the Congress on the progress of the withdrawal of U.S. ground combat forces from the Republic of Bosnia and Herzegovina.
United States · United States Congress · 11 June 1998
Expresses the sense of the Congress with respect to the implementation of the Food Quality Protection Act of 1996 and the related responsibilities of the Environmental Protection Agency.
United States · United States Congress · 9 June 1998
Religious Liberty Protection Act of 1998 - Prohibits a State (or any person acting under color of State law) from placing a substantial burden upon a person's religious exercise: (1) in a State-operated program or activity that receives Federal financial assistance; or (2) in or affecting international or interstate commerce. Declares that a State (or any person acting under color of State law) may substantially burden a person's religious exercise if such burden is: (1) in furtherance of a compelling governmental interest; and (2) the least restrictive means of furthering that compelling governmental interest. Declares that nothing in this Act shall be construed to authorize the United States to deny or withhold Federal financial assistance as a remedy for a violation of this Act. (Sec. 3) Places upon a State the burden of persuasion on all issues relating to an alleged violation supported by prima facie evidence of the Free Exercise Clause. Prohibits a State from imposing a land use regulation that: (1) substantially burdens religious exercise; (2) denies religious assemblies a reasonable location; or (3) excludes religious assemblies from areas in which nonreligious assemblies are permitted. Declares that this Act does not preempt State law that is equally or more protective of religious exercise. (Sec. 4) Subjects both a State and the Federal Government to liability for a violation of the Free Exercise Clause, including a civil action for money damages. (Sec. 5) Emphasizes that this Act does not: (1) authorize a State to burden any religious belief; (2) create any basis for the regulation of religious exercise or for claims against a religious organization not acting under color of law; (3) create or preclude a right of any religious organization to receive State funding or assistance; (4) authorize State regulation of the activities or policies of a person other than a government as a condition of receiving funding or other assistance; or (5) restrict any authority that may exist under other law to so regulate or affect, except as provided in this Act. (Sec. 6) Declares that nothing in this Act shall be construed to affect, interpret, or in any way address the Establishment Clause of the Constitution (prohibiting laws respecting an establishment of religion). (Sec. 7) Amends the Religious Freedom Restoration Act of 1993 to repeal its applicability to the States and to make it applicable only to the Federal Government, the District of Columbia, Puerto Rico, and U.S. territories and possessions. Redefines exercise of religion to mean an act or refusal to act that is substantially motivated by a religious belief, whether or not the act or refusal is compulsory or central to a larger system of religious belief.
United States · United States Congress · 5 June 1998
Lethal Drug Abuse Prevention Act of 1998 - Amends the Controlled Substances Act (CSA) to require the Attorney General to determine that registration of an applicant to manufacture, distribute, conduct research with, or dispense specified controlled substances or listed chemicals is inconsistent with the public interest if: (1) during the five-year period immediately preceding submission of the application, the applicant's registration was revoked; or (2) the Attorney General determines, based on clear and convincing evidence, that the applicant is applying for the registration with the intention of using such registration to violate CSA provisions. Authorizes the Attorney General to suspend or revoke a registration upon a finding that the registrant has intentionally dispensed or distributed a controlled substance with a purpose of causing, or assisting in causing, the suicide or euthanasia of any individual. Directs the Attorney General to establish the Medical Review Board on Pain Relief, which, based on a hearing, shall make findings regarding whether a particular action at issue is an appropriate means to relieve pain that does not constitute a violation of such provision.
United States · United States Congress · 14 May 1998
TABLE OF CONTENTS: Title I: Designation and Evaluation of Renewal Communities Title II: Tax Incentives for Renewal Communities Title III: Additional Provisions American Community Renewal Act of 1998 - Title I: Designation and Evaluation of Renewal Communities - Renewing American Communities Act of 1998 - Amends the Internal Revenue Code to authorize the Secretary of Housing and Urban Development to designate (upon local or State nomination) up to 100 renewal communities, of which at least 20 percent shall be in rural areas. Requires for nomination purposes that: (1) the area be experiencing high rates of poverty and unemployment and general distress; and (2) State and local governments enter into written contracts with neighborhood organizations to promote specified economic growth and employment activities. Treats renewal communities as labor surplus areas for all Federal law purposes. Title II: Tax Incentives for Renewal Communities - Amends the Internal Revenue Code to exclude from gross income capital gains on the sale or exchange of a qualified community asset (stock, business property, or partnership interest) held for more than five years. Allows a specified deduction for amounts paid into a family development account on behalf of an individual or another qualified individual who is a renewal community resident. Excludes from gross income account distributions used for qualified family development expenses (postsecondary education, first-home purchase, business capitalization, medical, and rollovers). Provides a penalty (with exceptions) in addition to inclusion as gross income for nonqualifying distributions. Provides for designation of up to 25 percent of qualifying renewal communities as matching demonstration areas eligible to receive family development account matching contributions. Authorizes: (1) designation of earned income tax credit payments for family development account deposit; (2) a commercial building revitalization tax credit; (3) increased first year expensing for renewal community businesses; (4) extension of environmental remediation cost expensing and the work opportunity credit for renewal communities; and (5) similar tax treatment of renewal communities and enterprise zones for specified youth residence requirements. (Sec. 205) Makes conforming amendments to provisions respecting: (1) tax on excess contributions and prohibited transactions; (2) trust and annuity information; (3) tax exemption applications; and (4) the commercial revitalization credit. Title III: Additional Provisions - Provides for local government transfer of unoccupied and substandard Department of Housing and Urban Development multifamily and single family housing in renewal communities, with subsequent disposition priority to be given to community development corporations. (Sec. 302) Amends the Public Health Service Act to make religious organizations eligible to administer specified substance prevention and abuse programs. Sets forth program provisions. (Sec. 303) Amends the Community Reinvestment Act of 1977 to provide that a financial institution's investments in community development organizations located in renewal communities may be considered in evaluations under such Act.
United States · United States Congress · 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 · 14 May 1998
Estate and Gift Tax Rate Reduction Act of 1998 - Amends the Internal Revenue Code to phase out the estate and gift tax over a ten-year period.
United States · United States Congress · 12 May 1998
Reinstatement of the Medicare Rehabilitation Benefit Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to repeal the financial limitation on rehabilitation services under part B (Supplementary Medical Insurance) of the Medicare program. Provides that for outpatient physical therapy services, outpatient occupational therapy services, and outpatient speech-language pathology services covered under Medicare and furnished on or after January 1, 2000, the Secretary of Health and Human Services shall implement a new payment methodology based on the classification of individuals by diagnostic category, functional status, and prior use of services in both inpatient and outpatient settings. Requires that such payment methodology be designed so that, taking into account the increased expenditures resulting from this Act, it does not result in any increase or decrease in the expenditures under Medicare on a fiscal year basis.
United States · United States Congress · 7 May 1998
American Economy Protection Act - Prohibits the use of Federal funds to implement the Kyoto Protocol to the United Nations Framework Convention on Climate Change, unless or until the Senate has given its advice and consent to ratification of the Protocol. Prohibits Federal agencies from having authority to promulgate regulations to limit the emissions of carbon dioxide, unless a law is enacted specifically granting such authority.
United States · United States Congress · 5 May 1998
Class Action Jurisdiction Act of 1998 - Amends the Federal judicial code to grant the district courts original jurisdiction of all civil actions, regardless of the sum or value of the matter in controversy, which are brought as a class action or comparable representative action, in which any member of a proposed plaintiff class or other person on whose behalf the action is brought is: (1) a citizen of a State different from any defendant; (2) a foreign state, or a citizen or subject of a foreign state, and any defendant is a citizen of a State; or (3) a citizen of a State and any defendant is a citizen or subject of a foreign state. (Sec. 3) Makes any such action removable without regard to the citizenship or residence of the parties. Authorizes such removal by any defendant, regardless of whether the removal is joined by another defendant. Treats any class action removed to Federal court as brought under rule 23 of the Federal Rules of Civil Procedure. Repeals a one-year limitation on removal of class actions. (Sec. 4) Directs the district court, upon determining that any action subject to its jurisdiction solely under provisions established by this Act may not proceed as a class action or comparable representative action under rule 23 or other applicable law, to dismiss the action for lack of subject matter jurisdiction.
United States · United States Congress · 30 April 1998
Plant Protection Act - Prohibits the import, export, movement in interstate commerce, or mailing of any plant pest unless authorized by the Secretary of Agriculture. Authorizes the Secretary to prohibit or restrict the import, export, or movement in interstate commerce of any plant, plant product, biological control organism, noxious weed, or means of conveyance to prevent the introduction or dissemination of a plant pest or noxious weed.
United States · United States Congress · 28 April 1998
Expresses the sense of the Congress that the Health Care Financing Administration should: (1) further postpone its plans to implement the documentation guidelines for evaluation and management services, as currently constituted; (2) continue consultation with organizations representing physicians on how to reduce the complexity of any such guidelines before their use by Medicare or its agents in review of claims; (3) conduct a pilot study of any such documentation requirements before use in audits and other review activities; and (4) assure that any such documentation guidelines, if applied by Medicare or its agents in review activities, contribute to quality care and do not detract from good patient care by requiring physicians to spend undue time documenting their services (at the expense of spending less time with patients) or lead to sanctions being imposed for unintentional coding and documentation errors.
United States · United States Congress · 23 April 1998
English for the Children Act - Repeals the Bilingual Education Act (BEA). Terminates the Office of Bilingual Education and Minority Languages Affairs in the Department of Education. Repeals specified provisions of the Department of Education Organization Act relating to such Office. Directs the Secretary of Education, at the end of a specified transition period, to deposit in the Treasury any funds that have not been awarded or obligated for BEA grants. Requires completion of the most recent school year that commences after enactment of this Act before a BEA program is terminated. Authorizes the Secretary, during the one year period after such enactment, to assist local educational agencies in the transition of children enrolled in BEA programs to special alternative instructional programs that do not make use of the student's native language. Declares that this Act shall not: (1) preempt any State law; or (2) be construed as requiring that a State or local educational agency develop, implement, provide, or maintain a program of bilingual education. Voids any consent decree with either the Department of Health, Education, and Welfare or the Department of Education that requires a State, locality, or local educational agency to develop, implement, provide, or maintain any form of bilingual education.
United States · United States Congress · 22 April 1998
Consumer Access to Travel Information Act of 1998 - Amends Federal aviation safety law policy to direct the Secretary of Transportation to consider it in the public interest, and consistent with public convenience and necessity, to ensure that consumers may obtain unbiased information in an efficient and convenient manner from travel agents and other independent sources about air transportation passenger services and fares. Directs the Secretary to study and report to the Congress on the availability of such information to consumers. Requires the Secretary, after notice and an opportunity for a hearing, to issue a cease and desist order to any air carrier or other party engaged in any practice or policy which constitutes a predatory, unfair, or deceptive practice or unfair method of competition which restricts the widespread, convenient, and efficient access by the public to unbiased comparative air transportation passenger service and fare information or the sale, booking, or distribution of air transportation passenger services or products.
United States · United States Congress · 1 April 1998
Selective Agricultural Embargoes Act of 1998 - Amends the Agricultural Trade Act of 1978 to direct the President, if he or she takes action to embargo the export under an export sales contract of an agricultural commodity to a country that is not part of an embargo on all exports to the country, to report to the Congress, not later than five days after imposing the embargo, on the reasons for such embargo and its proposed duration. Sets forth congressional procedures for termination of the embargo. Directs exporters of certain agricultural commodities (including plant nutrient materials) to report on a weekly basis to the Secretary of Agriculture certain information regarding their export under an export sales contract.
United States · United States Congress · 1 April 1998
Child Custody Protection Act - Amends the Federal criminal code to prohibit and set penalties for transporting an individual under age 18 across a State line to obtain an abortion if the requirements of a law in the State where the individual resides, requiring parental involvement in a minor's abortion decision, are not met before obtaining the abortion. Makes an exception if the abortion was necessary to save the life of the minor. Authorizes any parent or guardian who suffers legal harm from a violation to obtain appropriate relief in a civil action.
United States · United States Congress · 30 March 1998
Prohibits the Secretary of Health and Human Services, during the year following enactment of this Act, from modifying regulations in effect as of enactment of this Act with respect to the operation of the Organ Procurement and Transplantation Network under the Public Health Service Act, including regulations concerning the Network under the Social Security Act. Declares that, during such one-year period, a specified final rule published in the Federal Register has no legal effect.
United States · United States Congress · 24 March 1998
Surviving Spouse Fairness Act of 1998 - Amends the Internal Revenue Code to provide a $500,000 exclusion of gain on certain sales of a principal residence by a surviving spouse.
United States · United States Congress · 10 March 1998
Department of Justice Vacancies Clarification Act of 1998 - Amends the Federal judicial code to provide that: (1) nothing in current provisions governing the Attorney General authorizes the appointment or designation of a person to perform the functions of an office in the Department of Justice (DOJ), appointment to which requires the advice and consent of the Senate, while that office is vacant; (2) if the power of a person appointed or designated under specified provisions to perform functions while an office is vacant lapses, the United States Court of Appeals for the District of Columbia Circuit shall appoint a person to continue performing those functions until the vacancy is filled; and (3) the Court shall not appoint to such office a person who has been nominated by the President but not confirmed by the Senate or who was previously appointed or designated for that vacancy and whose power to perform such functions has lapsed.
United States · United States Congress · 10 March 1998
Temporary Agricultural Worker Act of 1998 - Amends the Immigration and Nationality Act to establish a 24-month pilot program for the U.S. admission of temporary or seasonal agricultural workers based upon an employer labor condition attestation filed with the appropriate State agency. Sets forth program provisions. Offsets such admissions with temporary reductions in diversity and unskilled workers' immigrant visas. Establishes a trust fund in the Treasury to assure the return of such workers to their home countries.
United States · United States Congress · 5 March 1998
Urges the President to renegotiate the Extradition Treaty Between the United States and Mexico so that the possibility of capital punishment will not interfere with the timely extradition of criminal suspects from Mexico to the United States.
United States · United States Congress · 4 March 1998
Designates the Department of Veterans Affairs medical center in Gainesville, Florida, as the Malcom Randall Department of Veterans Affairs Medical Center.
United States · United States Congress · 4 March 1998
Amends the Agricultural Adjustment Act, as reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to reduce the time period for the United States Trade Representative to advise the Secretary of Agriculture whether relevant grade, size, quality, or maturity restrictions on certain imported fruits and vegetables conflict with any trade agreement, including the General Agreement on Tariffs and Trade.
United States · United States Congress · 26 February 1998
Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, to exempt State-licensed pharmacies that supply durable medical equipment from surety bond requirements.
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 · 12 February 1998
Equality for Israel at the United Nations Act of 1998 - Expresses the sense of the Congress that: (1) the United States must promote an end to the exclusion of Israel from any of the United Nations regional blocs, including rotating membership on the UN Security Council; and (2) the U.S. Ambassador to the UN should take all steps necessary to ensure Israel's acceptance in the Western Europe and Others Group regional bloc (membership which includes the non-European countries of Canada, Australia, and the United States). Directs the Secretary of State to report to appropriate congressional committees on efforts taken to achieve such goals.
United States · United States Congress · 12 February 1998
Allows the remains of the following persons to be interred at Arlington National Cemetery: (1) any member of the armed forces who dies while on active duty; (2) any retired member; (3) any former member who was separated for physical disability before October 1, 1949, who served on active duty, and who would have been eligible for disability retirement if such provisions had been in effect on such date; (4) any former member whose last active military service was terminated honorably and who has been awarded one of a number of specified military decorations; (5) any former prisoner of war who served honorably while such a prisoner, whose last active military service terminated honorably, and who died on or after November 30, 1993; (6) the President or any former President; (7) the spouse, surviving spouse, minor child, and, in the discretion of the Cemetery's Superintendent, unmarried adult child of an interred member (but only if buried in the same gravesite); (8) the spouse, surviving spouse, minor child, and unmarried adult child (again, discretionary) of a member buried as part of a group burial (but cannot be buried in the group gravesite); (9) the spouse, surviving spouse, minor child, or unmarried adult child of any person already buried in the Cemetery; (10) the widow or widower of a member who was lost or buried at sea or officially determined to be permanently absent in a missing or missing in action status; and (11) the parents of a minor child or unmarried adult child whose remains, based on the parent's eligibility, are already buried in the Cemetery. Makes such burial eligibility the exclusive eligibility for Cemetery burial. Prohibits the Secretary of the Army or any other responsible official from considering a request for Cemetery burial made before the death of the individual. Allows gravesite markers to be provided by the Secretary or at private expense, as long as certain marker and marker maintenance conditions are met. Directs the Secretary to maintain for the public a register of each individual buried in the Cemetery which shall include, for each individual buried there on or after January 1, 1998, a brief description of his or her eligibility for such burial. Requires the Secretary to publish an updated pamphlet describing Cemetery burial eligibility. Authorizes the cremated remains of the following persons to be placed in the Cemetery columbarium: (1) a person eligible for burial under this Act; (2) a veteran whose last period of active duty ended honorably; and (3) the spouse, surviving spouse, minor child, or unmarried adult child (discretionary) of such a veteran. Prohibits a memorial or marker: (1) from being placed in the Cemetery unless it commemorates the service of the individual or group whose memory is to be honored by such memorial or marker; or (2) that refers to a particular military event from being placed in the Cemetery until 25 years after such event.
United States · United States Congress · 12 February 1998
Title X Parental Notification Act of 1998 - Declares that, notwithstanding any other provision of law, no provider of services under title X (Population Research and Voluntary Family Planning Programs) of the Public Health Service Act shall be exempt from any State law requiring notification or the reporting of child abuse, child molestation, sexual abuse, rape, or incest. Prohibits making available any funds appropriated for carrying out title X to any family planning project under specified provisions of that title if any service provider in the project knowingly provides contraceptive prescription drugs or devices to a minor, unless: (1) the minor is emancipated; (2) by court direction; (3) the provider has given actual written notice to the custodial parent or guardian five days in advance; or (4) the minor has written consent of a custodial parent or guardian.
United States · United States Congress · 12 February 1998
Title X Child Abuse, Rape, Molestation, and Incest Reporting Act - Declares that, notwithstanding any other provision of law, no service provider under title X (Population Research and Voluntary Family Planning Programs) of the Public Health Service Act shall be exempt from any State law requiring notification or the reporting of child abuse, child molestation, sexual abuse, rape, or incest.
United States · United States Congress · 12 February 1998
Alternative Water Source Development Act of 1998 - Requires the Administrator of the Environmental Protection Agency to establish a program for making grants for the development and construction of alternative water source projects to State, interstate, and intrastate water resource development agencies and local government agencies that have authority to develop water resources for potable, commercial, industrial, or agricultural uses. Permits grants only for agencies in States experiencing critical water supply needs. Requires the Administrator to carry out such program to: (1) demonstrate methods of developing alternative water source technologies; and (2) protect groundwater from overpumping and to preserve minimum flows and levels of surface water bodies. Permits grants only to agencies that have: (1) engaged in a planning effort to assess the availability of water resources and the need to develop alternative sources and have produced a comprehensive water resource plan to meet expected water resource needs for a 20-year period; (2) demonstrated that currently available water resources will not be sufficient to provide for expected potable, commercial, industrial, and agricultural needs over the next 20 years; and (3) agreed to provide 50 percent of the cost of the project to be funded with the grant. Makes agencies of States eligible for assistance or receiving funds under the Reclamation Projects Authorization and Adjustment Act of 1992 ineligible for grants under this Act. Requires the Administrator to report to the Congress on the program, together with an analysis of whether program purposes have been realized and recommendations for administrative and legislative actions. Authorizes appropriations.
United States · United States Congress · 12 February 1998
Fair Housing Amendments Act of 1998 - Amends the Fair Housing Act to state that: (1) nothing in such Act shall be construed to make the expression of an opinion or the seeking of redress from public authority a violation of such Act; and (2) a party shall not be liable for engaging in litigation or administrative proceedings unless done so for an improper purpose, or not supported by evidence or warranted by existing law. (Sec. 3) Requires specificity of complaint. (Sec. 4) States that a provision of State or local law shall not be construed to violate fair housing provisions if the alleging party has not first exhausted State remedies. (Sec. 5) Provides that familial status protection shall apply to persons related by blood, marriage, or adoption and certain foster children. (Sec. 6) States that fair housing provisions shall not prevent local control of residential uses.
United States · United States Congress · 11 February 1998
Parental Freedom of Information Act - Amends the General Education Provisions Act to prohibit the availability of funds under any applicable program to any educational agency or institution that has a policy of denying, or that effectively prevents, parents of elementary and secondary school students from exercising the right to inspect and review any instructional materials used with respect to the educational curriculum of, or certain testing materials administered to, their children. Allows parents to maintain a civil action for appropriate relief if their right to gain access to such information is violated. Prohibits the availability of funds under any applicable program to an educational agency or institution that, as part of an applicable program and without the prior written informed consent of the parent of a student, requires the student to: (1) undergo medical, psychological, or psychiatric examination, testing, treatment, or immunization, except in the case of a medical emergency; or (2) reveal any information about the student's personal or family life, except to the extent necessary to comply with the Child Abuse Prevention and Treatment Act.
United States · United States Congress · 5 February 1998
Citizen Protection Act of 1998 - Subjects bail bond sureties and bounty hunters to civil and criminal liability for violations of federally protected rights under Federal civil rights law. Considers any bounty hunter, whether acting as an independent contractor or an employee of a surety on a bail bond, to be the agent of such surety for purposes of such liability. Establishes a duty of each bail bond surety and bounty hunter who, in a State, seeks to obtain or exercise custody over a person admitted to bail outside that State, before commencing activities in that State, to inform the local law enforcement agency of such information as is required under State law.
United States · United States Congress · 5 February 1998
Expresses the sense of the Congress with respect to promoting long-term care coverage.
United States · United States Congress · 4 February 1998
Florida Federal Judgeship Act of 1998 - Directs the President to appoint the following numbers of additional district judges in Florida: (1) three for the middle district and two for the southern district, on a permanent basis; and (2) one for the middle district, on a temporary basis. Authorizes appropriations.
United States · United States Congress · 4 February 1998
Prohibits the President from waiving certain human rights and emigration requirements under the Trade Act of 1974 before July 11, 1999, with respect to Vietnam when determining its eligibility to receive nondiscriminatory treatment (most-favored-nation status). Nullifies any previous waiver of such requirements.