United States · United States Congress · 3 June 1998
Modifies the boundaries of the George Washington Birthplace National Monument to include the property known as George Washington's Boyhood Home, Ferry Farm in Stafford County, Virginia.
United States · United States Congress · 21 May 1998
Designates the U.S. Postal Service building located at 658 63rd Street, in Philadelphia, Pennsylvania, as the Edgar C. Campbell, Sr., Post Office Building.
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
WIC Reauthorization Amendments of 1998 - Amends the Child Nutrition Act to reauthorize and revise requirements for the special supplemental nutrition program for women, infants and children (WIC program). Establishes additional WIC program application requirements, involving physical presence, income documentation, and verification. 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 2003: (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) purchase of breast pumps; (2) nutrition services and administration level of per participant expenditure; (3) State plans to reduce average food costs per participant and increase program participation; (4) infant formula procurement; (5) consideration of price levels of retail stores for program participation; (6) spend-forward authority; (7) matching funds requirement and ranking criteria for farmers market nutrition program State plans; and (8) disqualification of certain vendors convicted of trafficking or illegal sales. Directs the Secretary of Agriculture, acting through the Administrator of the Economic Research Service, to study and report to specified congressional committees on the effects of State cost containment practices for the selection of vendors and approved food items (other than infant formula) on certain aspects of the WIC program. Allows amounts collected from penalties from vendors and recipients relating to fraud and abuse violations under the WIC program to be used for nutrition services and administration and food benefits only for the one-year period after they are received. Sets a $25,000 maximum amount on a fine for embezzlement, willful misapplication, stealing, obtaining by fraud, or trafficking in food instruments of funds, assets, or property that are of a value of $100 or more under the WIC program.
United States · United States Congress · 14 May 1998
TABLE OF CONTENTS: Title I: Designation and Evaluation of Renewal Communities Title II: Tax Incentives for Renewal Communities Title III: Additional Provisions American Community Renewal Act of 1998 - Title I: Designation and Evaluation of Renewal Communities - Renewing American Communities Act of 1998 - Amends the Internal Revenue Code to authorize the Secretary of Housing and Urban Development to designate (upon local or State nomination) up to 100 renewal communities, of which at least 20 percent shall be in rural areas. Requires for nomination purposes that: (1) the area be experiencing high rates of poverty and unemployment and general distress; and (2) State and local governments enter into written contracts with neighborhood organizations to promote specified economic growth and employment activities. Treats renewal communities as labor surplus areas for all Federal law purposes. Title II: Tax Incentives for Renewal Communities - Amends the Internal Revenue Code to exclude from gross income capital gains on the sale or exchange of a qualified community asset (stock, business property, or partnership interest) held for more than five years. Allows a specified deduction for amounts paid into a family development account on behalf of an individual or another qualified individual who is a renewal community resident. Excludes from gross income account distributions used for qualified family development expenses (postsecondary education, first-home purchase, business capitalization, medical, and rollovers). Provides a penalty (with exceptions) in addition to inclusion as gross income for nonqualifying distributions. Provides for designation of up to 25 percent of qualifying renewal communities as matching demonstration areas eligible to receive family development account matching contributions. Authorizes: (1) designation of earned income tax credit payments for family development account deposit; (2) a commercial building revitalization tax credit; (3) increased first year expensing for renewal community businesses; (4) extension of environmental remediation cost expensing and the work opportunity credit for renewal communities; and (5) similar tax treatment of renewal communities and enterprise zones for specified youth residence requirements. (Sec. 205) Makes conforming amendments to provisions respecting: (1) tax on excess contributions and prohibited transactions; (2) trust and annuity information; (3) tax exemption applications; and (4) the commercial revitalization credit. Title III: Additional Provisions - Provides for local government transfer of unoccupied and substandard Department of Housing and Urban Development multifamily and single family housing in renewal communities, with subsequent disposition priority to be given to community development corporations. (Sec. 302) Amends the Public Health Service Act to make religious organizations eligible to administer specified substance prevention and abuse programs. Sets forth program provisions. (Sec. 303) Amends the Community Reinvestment Act of 1977 to provide that a financial institution's investments in community development organizations located in renewal communities may be considered in evaluations under such Act.
United States · United States Congress · 13 May 1998
Children's Hospitals Education and Research Act of 1998 - Directs the Secretary of Health and Human Services to make payment as specified to each children's hospital for each hospital cost reporting period beginning during FY 1999 or 2000 for the direct and indirect expenses associated with operating approved medical residency training programs. States that such payments are in lieu of certain Medicare payments to hospitals for inpatient hospital services, but shall not affect the amounts otherwise payable to such hospitals under a State Medicaid plan. Makes appropriations for such payments for such fiscal years.
United States · United States Congress · 12 May 1998
Wireless Communications and Public Safety Act of 1998 - Designates 911 as the universal emergency telephone number within the United States for reporting an emergency to appropriate authorities and requesting assistance. Requires any U.S. department, agency, officer, or instrumentality that establishes or operates a communications system that is available to the public for reporting emergencies to ensure that such communications system: (1) accommodates the 911 number; (2) uses such number for the reporting of emergencies by the public; and (3) does not designate any number other than 911 for such use. (Sec. 4) Establishes the Wireless Communications and Public Safety Fund (WICAPS), to be administered by the Administrator of the National Highway Traffic Safety Administration (NHTSA). Directs the Administrator to make population based grants to States for: (1) payment of costs associated with the acquisition, upgrade, or modification of equipment for the receipt of enhanced wireless 911 service information; (2) payment of costs incurred by nongovernmental entities in providing enhanced wireless 911 service or in acquiring the capability to provide such service; and (3) implementation of other emergency prevention, educational, or pre-hospital emergency programs and related investments. Requires certain certifications by a State's Governor before the receipt of such grants, including a certification that 911 has been designated as the emergency reporting number. Requires an implementation plan from States receiving such grants. Authorizes the Administrator, after submission of an appropriate State plan, to make grants to States to deploy in rural areas a seamless, all-encompassing, and reliable end-to-end infrastructure for communications, including wireless communications, to meet the area's public safety and other communications needs. (Sec. 6) Directs the Administrator to fund from WICAPS investments in the research and development (R&D) of: (1) automatic crash notification systems that use a wireless telephone in the vehicle to transmit crash information to the appropriate emergency personnel; and (2) a uniform wireless telephone interface in motor vehicles that permits the transmission of crash information through a voice-activated wireless telephone. Allows such funds to also be used by trauma centers for the receipt and processing of such crash information. (Sec. 7) Amends the Communications Act of 1934 to require a U.S. department, agency, officer, or instrumentality, within 60 days after a request, to make property under its jurisdiction or control available to a provider of personal wireless telephone services for the siting of facilities used in providing such services. Specifies exceptions. Provides for: (1) information required as part of such a request; (2) judicial review of the refusal to make property so available; and (3) environmental compliance of property so used. (Sec. 8) Directs the Administrator and the Federal Communications Commission to jointly establish a Wireless Emergency Services Advisory Group to advise on the implementation of this Act and the achievement of its purposes and to submit implementation reports to the Congress. (Sec. 9) Provides immunity from liability, to the same extent as provided to local telephone exchange companies, for providers of wireless 911 service. Provides immunity for users of wireless 911 service to the same extent as provided to users of 911 service that is not wireless. (Sec. 11) Authorizes appropriations: (1) to the NHTSA to carry out this Act; (2) from the WICAPS Fund for grants under this Act; (3) from the WICAPS Fund for R&D investments under this Act; and (4) to the WICAPS Fund to fund such grants and R&D investments.
United States · United States Congress · 12 May 1998
Veterans Medicare Access Improvement Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to authorize the Secretary of Health and Human Services and the Secretary of Veterans Affairs to establish a program under which the former Secretary shall reimburse the latter Secretary out of the Medicare trust funds for Medicare health care services furnished to certain Medicare-eligible veterans whose closest Department of Veterans Affairs (VA) medical center is geographically remote or inaccessible. Authorizes the Secretaries to establish a demonstration project similar to such program for Medicare-eligible veterans whose closest VA medical center is not geographically remote or inaccessible. Amends the Balanced Budget Act of 1997 to repeal the requirement for an implementation plan for veterans subvention. Prohibits payments from the Medicare trust funds for items or services furnished under the program or demonstration project established under this Act before the Director of the Office of Management and Budget determines that: (1) certain legislation restricting entitlement to service-connected compensation for a tobacco-related disability has been enacted; and (2) the net amount of the reductions in expenditures achieved by reason of such legislation during the five fiscal year period beginning with FY 1999, that is available to offset the net aggregate increase in outlays (if any) under the Medicare program, is not less than the estimated net aggregate increase during such period.
United States · United States Congress · 5 May 1998
Library of Congress Bicentennial Commemorative Coin Act of 1998 - Directs the Secretary of the Treasury to mint and issue five-dollar gold coins and one-dollar silver coins emblematic of the Library of Congress. Authorizes the Secretary to mint and issue $10 bimetallic coins of gold and platinum in lieu of the gold coins. Requires payment of coin sale surcharges to the Library of Congress Trust Fund Board to support Library activities.
United States · United States Congress · 30 April 1998
Child Online Protection Act - Amends the Communications Act of 1934 to require anyone who, in interstate or foreign commerce, is engaged in the business of selling or transferring, by means of the World Wide Web, material that is harmful to minors to restrict access to such materials by persons under 17 years of age. Provides civil and criminal penalties for violations of such requirement, as well as an affirmative defense. Directs the Federal Communications Commission to post on its Internet website a definition of material that is harmful to minors.
United States · United States Congress · 29 April 1998
Stalking Prevention and Victim Protection of 1998 - Rewrites stalking provisions of the Federal criminal code. Prohibits and sets penalties for stalking an individual, in or affecting interstate or foreign commerce, within the special maritime and territorial jurisdiction of the United States, or within Indian country. Provides that a person stalks an individual if the person, on two or more occasions: (1) engages in any conduct that results in the individual's reasonable fear of death or bodily injury to that individual or to a member of that individual's immediate family; and (2) knows or has reasonable cause to believe that such conduct results in that fear. Directs the court, at the time of sentencing for such offense, to issue an appropriate protection order designed to protect the victim from further stalking by the convicted person, which shall continue in effect until the victim communicates to the court that the order is no longer needed. Requires the judicial officer, where a stalking violation is charged and the person has a prior conviction for a crime of violence under Federal or State law, to order the detention of the person before trial, if that conviction was for an offense against the same victim as in the current charge or a member of that victim's family, or if that conviction became final less than five years before the conduct constituting the alleged stalking violation took place. Directs the United States Sentencing Commission to amend the sentencing guidelines to provide an appropriate sentence enhancement for a defendant convicted of stalking where the defendant has a prior conviction under Federal or State law of a crime of violence against the same victim as in the current offense or against a member of that victim's family.
United States · United States Congress · 23 April 1998
Postal Service Health and Safety Promotion Act - Amends the Occupational Safety and Health Act of 1970 to apply it to the United States Postal Service as an employer.
United States · United States Congress · 22 April 1998
Charles Butler McVay and U.S.S. INDIANAPOLIS Relief Act - Exonerates the late rear admiral Charles Butler McVay III, United States Navy (retired), from responsibility for the sinking of the U.S.S. INDIANAPOLIS on July 30, 1945, while under his command. Expresses the sense of the Congress that the subsequent court-martial conviction of McVay was a grave injustice. Urges the President to grant McVay a posthumous pardon. Expresses the sense of the Congress that the President should award a Presidential Unit Citation to the final crew of the INDIANAPOLIS in recognition of their courage and fortitude displayed in the face of tremendous adversity after their ship was torpedoed and sunk by the Japanese navy.
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
Amends the Internal Revenue Code with respect to certain reacquisitions of real property to allow an election of deduction in lieu of basis increase where indebtedness secured by property has original issue discount and is held by a cash method taxpayer.
United States · United States Congress · 1 April 1998
Calls for the United States to: (1) support an internationally supervised referendum to determine the political status of East Timor; (2) recognize the need for direct Timorese participation in United Nations (UN)-sponsored tripartite talks; and (3) work actively to realize the directives of existing UN resolutions on East Timor.
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 · 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
Mid-Atlantic Open Space and Farmland Preservation Act - Authorizes the Secretary of the Interior to make grants to mid-Atlantic States (Delaware, Maryland, New Jersey, Pennsylvania) for open space and farmland preservation. Authorizes appropriations.
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 · 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
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 · 18 March 1998
Independent Commission on Campaign Finance Reform Act of 1998 - Establishes the Independent Commission on Campaign Finance Reform to study the laws relating to the financing of political activity and to report and recommend legislation to reform those laws. (Sec. 6) Requires the Commission, not later than the expiration of the 180-day period that begins on the date on which the second session of the 105th Congress adjourns, to submit to the President, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate, a report of the activities of the Commission. Requires the report to include any recommendations for changes in the laws (including regulations) governing the financing of political activity, including any changes in House and Senate rules, to which nine or more Commission members may agree, together with drafts of: (1) any legislation recommended by the Commission to implement such recommendations; and (2) any proposed amendment to the Constitution recommended by the Commission as necessary to implement such recommendations, except that if the Commission includes such a proposed amendment in its report, it shall also include recommendations and drafts for legislation that may be implemented prior to the adoption of such proposed amendment. Requires the Commission, in making recommendations and preparing drafts of legislation, to consider the following to be its primary goals: (1) encouraging fair and open Federal elections that provide voters with meaningful information about candidates and issues; (2) eliminating the disproportionate influence of special interest financing of Federal elections; and (3) creating a more equitable electoral system for challengers and incumbents. (Sec. 7) Provides for expedited congressional consideration of any legislation introduced the substance of which implements a recommendation of the Commission submitted, including a joint resolution proposing an amendment to the Constitution. (Sec. 9) Authorizes appropriations.
United States · United States Congress · 11 March 1998
National Environmental Education Amendments Act of 1998 - Amends the National Environmental Education Act to require that curricula, materials, and training programs developed with support from the Environmental Protection Agency's (EPA) Office of Environmental Education be balanced and scientifically sound. Requires that implementation of the Act be through EPA. Eliminates requirements for a Director and a minimum number of staff. Allows activities to be carried out through grants, cooperative agreements, or contracts. Reduces from 25 percent to 15 percent the percentage of funds to be obligated for environmental education grants of not more than $5,000. Prohibits the use of grants for certain lobbying activities. Repeals the authority for environmental internships and fellowships. Eliminates all environmental education awards provided for under such Act, except the President's Environmental Youth Awards. Revises requirements for membership on the National Environmental Education Advisory Council. Requires that membership on the Federal Task Force on Environmental Education be open to representatives of any Federal agency actively engaged in environmental education. (Under current law, membership must include specified agency representatives.) Repeals specific requirements for contents of Advisory Council reports. Changes the name of the National Environmental Education and Training Foundation to the National Environmental Learning Foundation. Increases the size of the Foundation's Board of the Directors. Repeals the prohibition on the transmission of logos or other means of identification on materials donated to the Foundation for environmental education and training use. Allows acknowledgment of donors, but prohibits such acknowledgment from: (1) appearing in educational material to be presented to students; and (2) identifying a donor by means of a logo, letterhead, or other corporate commercial symbol, slogan, or product. Extends through FY 2004 the authorization of appropriations to the EPA for such Act. Revises funding limitations. Limits to 25 percent the amount available for administrative costs.
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 · 26 February 1998
Constitutional Amendment - Requires that a bill to increase the internal revenue shall laws shall require for final adoption in each House the concurrence of two-thirds of the whole of the number of that House, unless the bill does not increase the internal revenue by more than a de minimis amount. Permits the waiver of such requirement, for up to two years, if there is a declaration of war or if the United States is engaged in a military conflict which causes an imminent and serious threat to national security and is so declared by a joint resolution which becomes law.
United States · United States Congress · 26 February 1998
Establishes in the legislative branch the Joint Committee on Social Security Reform to study and report to the Congress on retirement financing issues, concentrating primarily on the problems related to the long-term financing of the Old Age, Survivors and Disability Insurance program under title II of the Social Security Act, with a goal of restoring the long-term solvency of the trust funds supporting such program and improving financial security for retirees. Sets forth special rules for considering legislation to carry out the Joint Committee's recommendations.
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 · 4 February 1998
Amends the Fair Labor Standards Act of 1938 (FLSA) to provide that individuals who volunteer their services solely for humanitarian purposes to private non-profit food banks, and who receive groceries from the food banks, are not considered employees for FLSA purposes.
United States · United States Congress · 4 February 1998
Authorizes the President, on behalf of the Congress, to present a gold medal to Nelson Rolihlahla Mandela in recognition of his life-long dedication to the abolition of apartheid and the promotion of reconciliation among the people of the Republic of South Africa. Directs the Secretary of the Treasury to strike a gold medal and sell duplicates in bronze at a price sufficient to cover the costs of the medals. Declares such medals to be national medals. Authorizes a maximum charge against the United States Mint Public Enterprise Fund to pay for the costs of the medals. Mandates that proceeds from sales of duplicate bronze medals be deposited in such Fund.
United States · United States Congress · 4 February 1998
Expresses the sense of the Congress that national goals should include providing access to affordable housing and expanding home ownership opportunities pursued through policies of tax incentives and private and public sector activities.
United States · United States Congress · 28 January 1998
Requires the Director of the Congressional Research Service (CRS) to make accessible to the public via the Internet all information available through the CRS web site that is not confidential, including all CRS issue briefs, reports, and authorization or appropriations products. Requires the information to be made accessible not earlier than 30 days after the first day it is available to Members of Congress through the CRS web site.
United States · United States Congress · 27 January 1998
Amends Federal law concerning Government organization and employees to make a technical correction in the provision terminating receipt of Federal benefits for work injuries by certain convicted felons.
United States · United States Congress · 27 January 1998
Requests that the U.S. Postal Service issue a commemorative postage stamp in 1999 in honor of the 100th anniversary of the founding of the Veterans of Foreign Wars of the United States.
United States · United States Congress · 27 January 1998
Expresses the sense of the Congress that: (1) child care assistance, when provided to families, should be provided regardless of whether a child is cared for by an at-home parent, family member, neighbor, or child care center; and (2) a key component to any quality child care proposal should include financial relief for those families where there is an at-home parent. Calls for no bias against at-home parents, and recognizes and applauds their sacrifices and efforts.
United States · United States Congress · 13 November 1997
Hate Crimes Prevention Act of 1997 - Amends the Federal criminal code to set penalties for persons who, whether or not acting under color of law, willfully cause bodily injury to any person or, through the use of fire, firearm, or explosive device, attempt to cause such injury, because of the actual or perceived: (1) race, color, religion, or national origin of any person; and (2) religion, gender, sexual orientation, or disability of any person, where in connection with the offense, the defendant or the victim travels in interstate or foreign commerce, uses a facility or instrumentality of interstate or foreign commerce, or engages in any activity affecting interstate or foreign commerce, or where the offense is in or affects interstate or foreign commerce. (Sec. 5) Directs the United States Sentencing Commission to study the issue of adult recruitment of juveniles to commit hate crimes and, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements for adult defendants who recruit juveniles to assist in the commission of hate crimes. (Sec. 6) Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice (DOJ) to make grants to State and local programs designed to combat hate crimes committed by juveniles. Authorizes appropriations. (Sec. 7) Authorizes appropriations to the Department of the Treasury and to DOJ to increase the number of personnel to prevent and respond to alleged violations of provisions regarding interference with specified federally protected activities, such as voting.
United States · United States Congress · 9 November 1997
TABLE OF CONTENTS: Title I: Remedy Selection Title II: Liability Title III: Brownfields Title IV: Natural Resource Damages Title V: State Role Title VI: Federal Facilities Title VII: Community Participation Title VIII: Miscellaneous Title IX: Funding Subtitle A: Expenditures From the Hazardous Substance Superfund Subtitle B: 5-Year Extension of Hazardous Substance Superfund Superfund Reform Act - Title I: Remedy Selection - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to revise remedy selection provisions. Requires final remedies for nonthreshold carcinogens to limit cumulative, lifetime additional cancer risk from exposure to hazardous substances from releases at the facility concerned to within the range of one in 10,000 to one in 1 million for the affected population or subpopulation. Requires exposure assessments to be consistent with the current and reasonably anticipated uses of land, water, and other resources identified by the President. Directs the President, for purposes of selecting appropriate methods of remediation for a given facility, to identify current and reasonably anticipated uses of land, water, and other resources at and around the facility and the timing of such uses. Requires the President, in identifying current and reasonably anticipated future groundwater uses, to defer to State determinations regarding such uses where the State has made such determination on a facility-specific basis. Prohibits, unless the State has made a determination otherwise, the use of groundwater from being identified as drinking water for groundwater: (1) that contains more than 10,000 milligrams per liter total dissolved solids; (2) that is so contaminated by naturally occurring conditions or by the effects of human activity unrelated to a specific activity that restoration of drinking water quality is impracticable; or (3) if the potential source of drinking water is physically incapable of yielding 150 gallons per day of water to a well or spring without adverse environmental consequences. Directs the President to use site-specific risk assessment to: (1) determine the nature and extent of risk to human health and the environment; (2) identify groups which are currently or would be highly exposed or susceptible to contamination based on current and reasonably anticipated uses of land, water, and other resources or to risks arising from implementation of a remedial option; (3) assist in establishing remedial objectives for the facility respecting releases or threatened releases of hazardous substances and in identifying geographic areas or exposure pathways of concern; and (4) evaluate alternative remedial actions for a facility to determine their risk reduction benefits. Requires final remedies to seek to remediate usable groundwater to beneficial use within a reasonable time frame. Directs the President to provide for the long-term monitoring of groundwater, where appropriate. Revises provisions regarding the degree of cleanup. Provides that the standards set forth in CERCLA shall govern the level or standard of control for remedies, remedy selection, and on-site management of hazardous substances in lieu of any other Federal, State, or local standards, except as otherwise provided. Requires point source discharges or emissions of hazardous substances into U.S. waters or ambient air that result from remediation technology used in the conduct of a remedy to comply with State and Federal standards respecting such discharges or emissions. Provides that selected remedies shall attain a level or standard which meets promulgated State standards for protection applicable to remedial actions, unless the President makes a certain finding. Requires final remedies to prevent or eliminate, at a minimum, human ingestion of drinking water containing hazardous substances in levels exceeding Maximum Contaminant Levels under the Safe Drinking Water Act, including the provision of an alternate water supply. Provides that compliance with State standards for protection shall not be required unless such standards are of general applicability, consistently applied, and identified to the President in a timely fashion. Directs the President to consider new procedures for conducting remedial investigations and feasibility studies in an efficient, cost-effective, and timely manner. Requires the President to emphasize performance-based standards. Provides for a phased approach to site characterization and remediation in which remedies are arrived at through a sequence of investigations and actions. Directs the President to maintain a registry of restrictions on the use of land, water, or other resources through institutional controls that are included in final records of decisions as part of the basis of decision at National Priority List (NPL) facilities. Requires the President to study and report on the use and effectiveness of institutional controls at NPL facilities and to issue recommendations to improve efficiency and effectiveness. (Sec. 102) Requires risk assessments and characterizations conducted under CERCLA to: (1) provide scientifically objective assessments, estimates, and characterizations which neither minimize nor exaggerate the nature and magnitude of health and environmental risks; (2) distinguish scientific findings from other considerations; (3) be based on the best, relevant, and current scientific and technical information; and (4) be based on a careful analysis of the weight of scientific evidence that supports conclusions about risks to health and the environment. Directs the President to: (1) update and publish exposure and ecological risk assessment guidelines consistent with such principles; and (2) conduct a study of the cancer potency values of 12 specified hazardous substances frequently found to pose significant risks at NPL facilities. Requires the President to make a scientifically objective assessment of different methodologies for determining the health effects of chemical mixtures at relevant doses based on reasonable exposure scenarios at NPL facilities. Directs the Administrator (Administrator) of the Environmental Protection Agency (EPA) to enter into a contract with the National Academy of Sciences (NAS) to review science on the relationship, if any, between lead in residential soils and blood lead levels. Requires NAS to report its findings to the Administrator and the Congress. Directs the President to reconcile any empirical data from a statistically significant representation of residents concerning lead in blood along with other relevant information in making estimates of risk based on models, methodologies, guidance, or rules concerning the exposure, uptake, bioavailability, and biokinetics of lead in soils. Bars projections based on any such model, methodology, guidance, or rule from being used to predict blood lead levels or to select remedial actions unless such projections have been reconciled with empirical data. (Sec. 103) Directs the President to review past Superfund records Hazardous Substance Superfund (Superfund) of decision, upon request of an interested party, to ensure that such decisions reflect the current state of knowledge with respect to remediation science and technology, best available facility data, and most recent EPA policy and guidance and to improve the cost-effectiveness of site remediation while ensuring long-term health and environmental protection. Defines a past record of decision as one selecting a remedy for an NPL site that was signed prior to October 2, 1995, and that has not been reviewed pursuant to a specified EPA directive or otherwise updated since such date. Requires the President to establish a National Superfund Remedy Review Board to control remedy costs and to provide for protective, consistent, and cost-effective remedial decisions at NPL facilities. Directs the Board, for remedial alternatives identified after this Act's enactment date and following identification of a preferred remedy, to review remedies for NPL facilities for which the estimated cost of the preferred remedy exceeds $15 million. Permits the Board to review remedies for which the estimated cost is less than such amount, if requested. Provides for public notice of such reviews. (Sec. 104) Requires the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. Authorizes the ATSDR Administrator to provide grant or contract assistance to individuals who may be affected by releases or threatened releases when: (1) a public health assessment is conducted at an NPL facility; or (2) a facility is being evaluated for inclusion on the NPL. Authorizes and directs the ATSDR Administrator, pursuant to such grants or contracts, to provide diagnostic services, health data registries, and preventative public health education to communities affected by such releases. (Sec. 105) Provides for cooperation with Indian tribes with respect to certain ATSDR activities. Requires the ATSDR Administrator to include in a biennial report on ATSDR activities the health impacts on Indian tribes of hazardous substances from covered facilities. Directs the President, in setting priorities for remedial action under the national hazardous substance response plan (part of the national contingency plan for the removal of oil and hazardous substances), to place highest priority on facilities with releases resulting in actual ongoing human exposures at levels of public health concern or demonstrated adverse effects. (Sec. 107) Alters the criteria for the continuance of obligations for removal actions to provide that actions shall not continue after $3 million (currently, $2 million) has been obligated or two years (currently, 12 months) have elapsed from the date of initial response to a release or threatened release of hazardous substances. (Sec. 108) Authorizes the President, in order to respond to a release of a hazardous substance, to acquire a hazardous substance easement which limits or controls the use of land, water, or other natural resources. Permits easements and notices of property use restrictions to be used whenever institutional controls have been selected as a component of remedial action for an NPL site. Makes easements enforceable for 20-year periods (unless terminated pursuant to this Act) against owners of affected property or persons who acquire interest in, or rights to use, the property. (Sec. 109) Makes amendments made by this title applicable to final remedial actions selected under CERCLA for which records of decision were signed, or consent decrees were lodged, after this Act's enactment and to any modifications to records of decision made after such date. Title II: Liability - Provides exemptions to liability under CERCLA, with stated exceptions, for releases occurring in connection with arranging for disposal, treatment, transport, or acceptance of hazardous substances, with respect to: (1) pre-1987 activities at non-federally owned NPL facilities or vessels; (2) activities at such facilities or vessels that involved only municipal solid waste or sewage sludge; or (3) de micromis activities. Absolves of liability certain owners or operators who acquired the concerned facility or vessel by inheritance or bequest. Limits liability for certain owners or operators who are also tax-exempt organizations. Exempts from liability: (1) construction contractors whose liability is based solely on a contracted construction activity at the facility or vessel concerned; (2) certain railroad owners or operators of spur tracks; or (3) persons whose liability is based on status as a holder of a pipeline right-of-way or easement or of a gas or oil lease if such a person does not cause, or contribute or consent to, the release or threat of release. Limits liability for certain municipalities and other owners or operators of NPL landfill facilities. Requires the Administrator to seek to minimize the administrative and legal burdens on non-liable parties. Makes amendments pertaining to liability exemptions and limitations inapplicable to: (1) actions brought for contribution to response costs or natural resource damage restoration incurred before November 9, 1997; or (2) actions seeking indemnity, rights of defense, or other rights under any indemnification or insurance contract. (Sec. 203) Prohibits the President from amending certain administrative orders or issuing additional orders without a subsequent finding of an imminent and substantial endangerment. Describes sufficient causes. (Sec. 204) Revises contribution provisions to require an action by a potentially responsible party (PRP) against another PRP for recovery of costs to be commenced within the later of: (1) three years after completion of a removal action or within six years after initiation of physical on-site construction for a remedial action; or (2) three years after the date of judgment in any action for recovery or the date of any administrative order or judicial settlement for recovery of costs or damages. (Sec. 205) Provides that a person who has resolved liability to a State or an Indian tribe in an administrative or judicially approved settlement shall not be liable for claims by persons other than the United States regarding response costs or damages addressed in the settlement. Provides the same protection for persons who have resolved liability to the United States (except for liability to a State for remedial or removal action costs). Includes protection against all claims that may be asserted against the settling party for recovery of costs or damages paid by another person if addressed in the settlement, except claims based on contractual indemnification. Limits the right to seek contribution from other parties where: (1) the person asserting the right has waived such right in a settlement; (2) the person from whom the contribution is sought is not liable under CERCLA; or (3) the person from whom the contribution is sought has entered into a final settlement with the United States. Makes any person who commences a contribution action liable to the person against whom the action is brought for all reasonable costs of defending against the claim if the action: (1) is barred for the reasons stated above; (2) is brought against a person who is protected from suits by reason of settlement with the United States; or (3) is brought during a specified moratorium period. (Sec. 206) Expands the exemption from liability for response action contractors to include exemption from liability under State or local law unless a State has enacted a law determining liability of such contractors. Extends certain indemnification agreements made by the President with respect to negligence of response action contractors to any claims for negligence arising under State or local law. Bars actions against contractors more than six years after the completion of work. Makes such prohibition inapplicable in cases of gross negligence or intentional misconduct or in States or political subdivisions where the State has enacted a statute determining liability for such contractors. Extends certain provisions relating to surety bonds with respect to direct Federal procurement of response actions. (Sec. 207) Revises conditions of eligibility for expedited final settlements. Makes eligible for such settlements certain parties whose liability is based on arranging for the treatment, disposal, or transport of, or accepting, the hazardous substances concerned and who have a demonstrated inability to pay response costs. (Sec. 208) Requires the President to initiate an allocation process for each response action at a non-federally owned NPL facility eligible for fair share funding under this Act. Makes such process inapplicable to actions for which there has been a final settlement, decree, or order determining liability and share of responsibility before November 9, 1997. Places a moratorium on litigation seeking recovery of response costs or contributions in connection with actions for which the President is required to initiate allocations until 90 days after issuance of the allocator's report or of a subsequent report under this section. Stays pending actions or claims, including those under State law, until such prescribed period unless the court determines that a stay will result in manifest injustice. Establishes a moratorium on enforcement orders by the Administrator or suits by the Attorney General to or against facilities subject to allocation for the same time period. Sets forth requirements for the President in initiating the allocation process. Describes the authorities of a neutral allocator, to be selected by the Administrator and acceptable to the PRPs. Permits PRPs to submit the names of additional PRPs to the allocator. Sets forth confidentiality requirements with respect to information submitted to the allocator. Requires the allocator to prepare a nonbinding allocation of percentage shares of responsibility to each allocation party and to the fair share funding (the amount to be allocated to the Superfund) without regard to theory of joint and several liability and based on specified equitable factors. Directs the allocator to adopt, in lieu of the allocation report, any agreement among some or all of the allocation parties that allocates 80 percent of the recoverable costs to the signatories if the settlement contains a waiver of all claims against all other allocation parties for contribution. Sets forth: (1) conditions under which the Administrator and Attorney General may reject the allocator's report; and (2) requirements for settlements based on allocations. Entitles parties who incur costs in excess of the percentage share allocated by the allocator to reimbursement from Superfund of such excess amounts. Authorizes the Administrator to commence an action against any party that has not resolved its liability following an allocation and to recover unrecovered response costs, including amounts constituting fair share funding. (Sec. 210) Absolves persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable, with respect to any item of a recyclable material, if the item: (1) contained polychlorinated biphenyls at a concentration exceeding 50 parts per million or any new Federal standard; or (2) is scrap paper containing a concentration of hazardous substances determined to present a significant human health or environmental risk. Title III: Brownfields - Land Recycling Act of 1997 - Prohibits, with exceptions, the President and any person other than a State from using authorities of CERCLA or the Solid Waste Disposal Act to commence an administrative or judicial action with respect to a release or threatened release at a facility that is, or has been, the subject of a voluntary response plan in a State that certifies that it has enacted a program established to allow a person to respond voluntarily to the release or threatened release of hazardous substances at a facility. Declares that such prohibition shall not affect the Administrator's authority to gather information at facilities where there may be a substantial endangerment of human health or the environment, but only for purposes of determining whether a facility qualifies for listing on the NPL. Exempts facility response activities conducted entirely onsite as part of a voluntary response plan from Federal permit requirements. Requires the Administrator to provide assistance to States for establishing such programs. (Sec. 304) Amends CERCLA, with respect to defenses to liability of an owner of after-acquired property, to deem a person to have made (under current law, "undertaken") appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the Administrator) and the person fulfills certain responsibilities concerning information compilation. (Sec. 305) Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of this Act and the facility's fair market value has increased above that which existed six months before the action was taken. (Sec. 306) Exempts from liability certain owners or operators of real property contiguous to property on which there has been a release or threat thereof. Authorizes the President to grant such persons an assurance of no enforcement action and protection against cost recovery and contribution actions. Title IV: Natural Resource Damages - Sets forth provisions regarding the designation of trustees for natural resources by Indian tribes. (Sec. 406) Limits the measure of damages to a natural resource to reasonable costs of restoration, temporary restoration, and assessment of damages. Bars recovery based on non-use values. Prohibits the use of contingent valuation methodology and other economic polling techniques to value lost natural resource services or restoration alternatives. (Sec. 407) Sets forth requirements for damage assessments by Federal, State, and Indian tribe trustees. (Sec. 409) Permits damages recovered by trustees to be available only for restoration, replacement, or acquisition of natural resources. (Sec. 410) Precludes trustees who receive compensation for injury to, destruction of, or loss of a natural resource pursuant to this Act from recovering compensation for the same natural resource pursuant to any other State or Federal law. Bars recovery under such other laws if recovery for such resources is made under this Act. Prohibits double liability for such resources in the same manner as double recovery is barred. Bars recovery for injury to, destruction of, or loss of natural resources where such damages and the release of a hazardous substance from which such damages resulted occurred wholly before December 11, 1980. (Sec. 412) Authorizes Federal or State natural resource trustees or Indian tribes seeking natural resource damages to initiate mediation with PRPs by means of the mediation procedure or another alternative dispute resolution method recognized by the district court in which the action is filed. (Sec. 413) Makes this title inapplicable to actions to recover natural resources damages in which a trial has begun before July 1, 1997, or in which a final settlement, decree, or order has been issued before such date. Title V: State Role - Authorizes the Administrator to delegate authority to States to: (1) take specified actions at NPL facilities, including actions relating to response, cost recovery, remedy selection, settlements, allocations, and community participation; and (2) implement a State hazardous substance response program in lieu of the response action authorities of this Act at NPL facilities. Sets forth administrative provisions and restrictions on such authority. Permits the Administrator to withdraw State authority under certain conditions. Sets forth provisions regarding the delisting of facilities from the NPL based on statements by a State Governor. (Sec. 503) Requires the Administrator to fund the cost to a State of exercising any delegated authorities as such costs arise, where such costs may be determined on a site-specific basis, with the exception of costs relating to removal authority which shall be reimbursed in accordance with another provision. Sets forth conditions under which the Administrator may deny funding to, or recover funds from, a State in cases where a State cleanup standard is more stringent than a Federal one. (Sec. 504) Revises provisions requiring contracts with States before remedial actions are provided to prohibit the Administrator or a State to which authorities have been delegated from providing any remedial action unless the State enters into an agreement providing assurances that it will pay ten percent of the costs of the action and ten percent of the costs of operation and maintenance. Exempts actions to be taken on Indian lands from such conditions. (Sec. 505) Permits the President to add a facility to the NPL only with the concurrence of the Governor of the State in which the facility is located. (Sec. 506) Extends certain provisions authorizing reimbursements by the President to local governments affected by releases or threatened releases to affected States as well. Title VI: Federal Facilities - Sets forth provisions regarding enforcement and dispute resolution regarding remedy selection at Federal facilities for which authorities have been delegated to a State. (Sec. 602) Allows the President to designate NPL-listed or -proposed Federal facilities to facilitate the development of innovative technologies for remedial action. Requires a report to the Congress. (Sec. 605) Revises provisions regarding the applicability of specified provisions of CERCLA to the U.S. Government. Makes the United States subject to all Federal, State, interstate, and local substantive and procedural requirements, including administrative orders and penalties and fines, and reasonable service charges. States that neither the United States nor any agent, employee, or officer shall be immune from any court process with respect to the enforcement of injunctive relief. (Sec. 608) Requires Federal agencies to conduct annual studies to determine environmental management priorities at NPL facilities and report to the Congress. Title VII: Community Participation - Requires the Administrator to provide for meaningful public participation in every significant phase of a response action through public meetings. Directs the Administrator to solicit and evaluate concerns, interests, and information from the community. Authorizes community members to propose remedial action alternatives to the Administrator. Sets forth minimum requirements for documents made available to the public which describe risk to human health. Authorizes civil actions to require Federal compliance with community involvement provisions. (Sec. 702) Requires the Governor of a State where a facility is located to create a community assistance group for an NPL-listed or -proposed proposed facility if: (1) it would be helpful in promoting meaningful consultation among persons interested in response action; or (2) requested by a specified number of residents, a representative group of PRPs, or any local governmental entity with jurisdiction over the facility. Lists responsibilities of such groups, including to solicit views of the community with respect to remedial actions and to serve as the community representative during the response action planning and implementation process. Makes such groups preferred recipients of technical assistance grants. (Sec. 703) Provides for technical assistance grants to citizen groups affected by releases at NPL facilities. Bars the approval of any grant application unless the applicant agrees to fully participate in the community assistance group and to present questions, concerns, and suggestions to the organization whenever possible. Title VIII: Miscellaneous - Revises existing definitions and adds new definitions of terms. (Sec. 803) Requires the Administrator to establish a small business Superfund assistance section within the EPA small business ombudsman office. (Sec. 806) Revises CERCLA report requirements. (Sec. 808) Requires the President to: (1) establish spending priorities for remedial actions based on criteria for determining priorities among releases and the most risk reduction for funds spent; (2) publish a proposed budget for expenditures for a fiscal year for remedial actions based on spending priorities; and (3) establish a National Remediation Advisory Committee to make recommendations on the budget and review public comments. Authorizes the establishment of regional remediation advisory committees as well. (Sec. 809) Encourages the President to give greater decisionmaking authority to remedial project managers in order to increase the pace of cleanups, reduce paperwork and administrative costs, and reduce delays in making response action decisions. Directs the President to: (1) require such managers to receive adequate training in environmental management; and (2) conduct a review of existing training facilities to determine whether a national environmental training center should be established to provide training for such managers and other personnel. (Sec. 810) Bars CERCLA authorities from being used to commence an administrative or judicial action with respect to source, special nuclear, or byproduct material that is subject to decontamination regulations issued by the Nuclear Regulatory Commission (NRC) for license termination under the Atomic Energy Act of 1954 or by States with such regulatory duties unless requested by the NRC or the State, as appropriate. Title IX: Funding - Subtitle A: Expenditures from the Hazardous Substance Superfund - Revises the list of activities for which expenditures from Superfund are authorized. Permits the President to use Superfund monies for administrative costs directly related to the costs of authorized activities. Repeals provisions regarding the assumption of certain liability by the Post-closure Liability Fund. (Sec. 902) Authorizes appropriations to Superfund for FY 1998 through 2002. Subtitle B: 5-Year Extension of Hazardous Substance Superfund - Amends the Internal Revenue Code to extend the collection of Superfund taxes through 2002. Increases the aggregate tax which may be collected from $11.97 billion to $22 billion until December 31, 2002. Extends the repayment deadline.
United States · United States Congress · 9 November 1997
Child Abuse Prevention and Enforcement Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to make grants to: (1) provide child protective workers and child welfare workers access to criminal conviction information and protection orders based on a claim of domestic or child abuse; or (2) improve law enforcement access to certain judicial orders (including custody, visitation, and protection orders). Modifies grant application guidelines to reflect such use of the grants. Prescribes grant eligibility guidelines for closed circuit televising of testimony of children who are victims of abuse. Allows drug control and system improvement (Byrne) grants to be used to enforce child abuse and neglect laws and programs designed to prevent child abuse and neglect. Amends the Victims of Crime Act of 1984 to increase the set aside for child abuse victims.
United States · United States Congress · 9 November 1997
Clinical Research Enhancement Act of 1997 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to: (1) support and expand the NIH's involvement in clinical research; (2) support and expand the resources available for the clinical research community; and (3) establish peer review mechanisms. (Sec. 4) Mandates grants to: (1) establish general clinical research centers to provide the infrastructure for clinical research, including clinical research training and career enhancement; (2) support individual careers in clinical research at general clinical research centers or other institutions (to be known as clinical research career enhancement awards); (3) support individual clinical research projects at general clinical research centers or other institutions; and (4) support individuals pursuing master's or doctoral degrees in clinical investigation (to be known as graduate training in clinical investigation awards). Authorizes appropriations. (Sec. 5) Increases the limit on the aggregate number of scholarship (regarding professions needed by the NIH) and loan repayment (regarding clinical researchers from disadvantaged backgrounds) contracts under specified provisions. Modifies the loan repayment program to: (1) remove current references to disadvantaged backgrounds; and (2) require a period of service in a general clinical research center, in clinical NIH research, or as a physician receiving a clinical research career enhancement award or a graduate training in clinical investigation award (currently, a period of service as an NIH employee). Requires that at least 50 percent of the loan repayment contracts involve individuals from disadvantaged backgrounds. Authorizes appropriations to carry out the loan repayment provisions.
United States · United States Congress · 9 November 1997
Amends the Internal Revenue Code to: (1) increase the low-income State housing credit ceiling amount; and (2) provide for a cost-of-living adjustment for such amount.
United States · United States Congress · 9 November 1997
Collegiate Initiative To Reduce Binge Drinking - Expresses the sense of the House of Representatives that college and university administrators should adopt a specified code of principles in an effort to change the culture of alcohol consumption on college campuses.
United States · United States Congress · 8 November 1997
Prohibits the Secretary of Transportation from imposing any requirement with respect to the unloading of a cargo tank vehicle in liquefied compressed gas service that has the effect of: (1) requiring more than one attendant for the unloading; or (2) preventing the attendant from being positioned at the customer storage tank during the unloading.
United States · United States Congress · 8 November 1997
Delaware and Lehigh National Heritage Corridor Act Amendments of 1997 - Amends the Delaware and Lehigh Navigation Canal National Heritage Corridor Act of 1988 (the Act) to change the name of the Delaware and Lehigh Navigation Canal National Heritage Corridor to the Delaware and Lehigh National Heritage Corridor. Includes among the Act's purposes enhancing economic development within the context of preservation. Modifies provisions regarding: (1) membership of, terms of office for, and confirmation of appointment to the Delaware and Lehigh National Corridor Commission; and (2) powers of the Commission to authorize the conveyance of real property acquired by the Commission to an appropriate nonprofit organization, to authorize the Commission to enter into cooperative agreements with a nonprofit organization, and to require any cooperative agreement to establish procedures for providing notice to the Commission of any action proposed by a nonprofit organization which may affect implementation of the Cultural Heritage and Corridor Management Plan. Authorizes the Commission to administer any grant or loan from amounts appropriated, donated, or otherwise made available to the Commission for the purpose of providing a grant or loan. Directs the Commission to implement the Plan by taking appropriate steps to preserve and interpret the cultural, natural, recreational, and scenic (currently, limited to historic) resources of the Canal and its surrounding area. Terminates the Commission ten years after the date of this Act's enactment. Requires specified actions by any Federal entity conducting or supporting activities directly affecting the historic, cultural, natural, recreational, or scenic resources of the Corridor (currently, the flow of the Canal or the natural resources of the Corridor). Reauthorizes and increases appropriations under the Act. Authorizes specified funds to implement the management action plan created by the Commission. Prohibits the Commission from interfering with private property rights or any local zoning ordinance or land use plan of the Commonwealth of Pennsylvania or any political subdivision.