United States · United States Congress · 28 September 1998
Senior Citizen Protection Act of 1998 - Amends title XIX (Medicaid) of the Social Security Act to extend the authority of State Medicaid fraud control units, upon the approval of the Inspector General (IG) of the relevant Federal agency in a particular case or investigation, to investigate and prosecute: (1) fraud in connection with other Federal health care programs (if the suspected fraud or law violation in such case or investigation is primarily related to the State Medicaid plan); and (2) abuse of residents of non-Medicaid board and care facilities, if their assistance is requested by State and local agencies. Provides that when the IG grants such approval, he or she retains continuing authority to join the case or investigation, or after consultation with the unit, to replace it as the primary agency assigned to the case or investigation. Provides that overpayments collected by a State Medicaid fraud control unit shall be credited exclusively to, and be available for expenditure under, the Federal health care program that was subject to the activity that was the basis for the collection.
United States · United States Congress · 26 September 1998
Selective Agricultural Embargoes Act of 1998 - Amends the Agricultural Trade Act of 1978 to direct the President, if he or she takes action to embargo the export under an export sales contract of an agricultural commodity to a country that is not part of an embargo on all exports to the country, to report to the Congress, not later than five days after imposing the embargo, on the reasons for such embargo and its proposed duration. Sets forth congressional procedures for termination of the embargo. Specifies plant nutrient materials among the agricultural commodities whose export the President may not prohibit or curtail if: (1) the export sales contract for such materials is entered into before he or she announces an action that would otherwise prohibit or curtail their export; and (2) the contract terms require delivery of the materials within 270 days after the date of the suspension of trade is imposed.
United States · United States Congress · 11 September 1998
TABLE OF CONTENTS: Title I: Targeted Substance Abuse Prevention and Treatment Programs Subtitle A: National Youth Anti-Drug Media Campaign Subtitle B: Drug-Free Workplace Act Subtitle C: Drug-Free Teen Drivers Subtitle D: Drug-Free Prisons and Jails Subtitle E: Drug-Free Schools Quality Assurance Subtitle F: Drug-Free National Clearinghouse Subtitle G: Drug-Free Parents Empowerment Title II: Private Sector Anti-Drug Partnerships Subtitle A: Antiaddiction Medications Subtitle B: Commission on Role of Medication Education in Reducing Substance Abuse Title III: Statement of National Antidrug Policy Subtitle A: Congressional Leadership in Community Coalitions Subtitle B: Rejection of Legalization of Drugs Subtitle C: Report on Streamlining Federal Prevention and Treatment Efforts Drug Demand Reduction Act - Title I: Targeted Substance Abuse Prevention and Treatment Programs - Subtitle A: National Youth Anti- Drug Media Campaign - Drug-Free Media Campaign Act of 1998 - Requires the Director of the Office of National Drug Control Policy to: (1) conduct a national media campaign for the purpose of reducing and preventing drug abuse among young people in the United States; and (2) use appropriated funds for media that focuses on, or that includes specific information on, prevention or treatment resources for consumers within specific local areas. (Sec. 103) Sets forth provisions regarding: (1) authorized and prohibited uses of funds; and (2) matching and reporting requirements. (Sec. 105) Authorizes appropriations. Subtitle B: Drug-Free Workplace Act - Drug-Free Workplace Act of 1998 - Expresses the sense of the Congress that: (1) businesses should adopt drug-free workplace programs; and (2) States should consider financial incentives, such as reductions in workers' compensation premiums, to encourage businesses to adopt drug-free workplace programs. (Sec. 114) Amends the Small Business Act to establish a drug-free workplace demonstration program, under which the Small Business Administration may make grants to eligible intermediaries for the purpose of providing financial and technical assistance to small business concerns seeking to start a drug-free workplace program. Sets forth provisions regarding eligibility for participation and program requirements. Authorizes appropriations. (Sec. 115) Amends the Act to require the services to be provided by small business development centers to include providing information and assistance to small business concerns with respect to developing drug-free workplace programs. (Sec. 116) Authorizes the Small Business Administrator to contract with and compensate Government and private agencies or persons for services related to carrying out this subtitle. Subtitle C: Drug-Free Teen Drivers - Drug-Free Teenage Drivers Act - Directs: (1) the National Highway Traffic Safety Administration to establish a demonstration program in several States to provide voluntary drug testing for all teenage applicants (or other first time driver's license applicants) for a driver's license; (2) that information respecting an applicant's choice not to take the drug test or the result of the test be made available to the applicant's automobile insurance company; and (3) the State in which the program is established, if an applicant tests positive, to refrain from issuing a license to the applicant and to require the applicant to complete a State drug treatment program and to not test positive in a drug test before reapplying for a license. (Sec. 123) Requires the Secretary of Transportation to establish an incentive grant program to assist States in improving their laws relating to controlled substances and driving. Sets forth grant requirements, including regarding the use of grant funds. (Sec. 124) Directs the Secretary to provide specified technical assistance. Subtitle D: Drug-Free Prisons and Jails - Drug-Free Prisons and Jails Act of 1998 - Requires the Director of the Bureau of Justice Assistance to establish a model substance abuse treatment program for substance-involved offenders by providing financial assistance to grant recipients and evaluating the success of programs conducted pursuant to this subtitle. Limits grant awards and administrative costs. (Sec. 134) Sets forth requirements for grant applications, review and approval of awards, permissible uses of funds, and evaluation and reporting requirements. Requires the Director to establish minimum criteria for program evaluation. (Sec. 138) Authorizes appropriations from the Violent Crime Reduction Trust Fund. Subtitle E: Drug-Free Schools Quality Assurance - Drug-Free Schools Quality Assurance Act - Amends the Elementary and Secondary Education Act of 1965 to require the Secretary of Education to develop a rating system, or allow State educational agencies, to determine if a public school has a quality drug program, which shall include a thorough needs assessment, implementation of a research-based program, and parental and community involvement in program design and review. Sets forth provisions regarding requests for a quality rating and public notification. Subtitle F: Drug-Free National Clearinghouse - Drug-Free National Clearinghouse Act of 1998 - Establishes in the Office the Drug-Free National Clearinghouse, which shall: (1) consolidate and assume the drug prevention and drug treatment information clearinghouse roles currently performed by National Drug Control Program agencies; and (2) ensure that such information is effectively disseminated. (Sec. 163) Requires that the Clearinghouse be headed by a director to be appointed by the Director of the Office. Sets forth the director's duties. (Sec. 164) Requires each National Drug Control Program agency to cooperate with the Clearinghouse director. Subtitle G: Drug-Free Parents Empowerment - Drug-Free Parents Empowerment Act - Directs the Secretary of Health and Human Services to make grants to support the efforts of parent organizations to develop and promote efforts to reduce illegal drug use among children in their communities. Sets forth requirements for parent organizations to receive grants, application procedures, and a grant amount limitation. Authorizes appropriations. Title II: Private Sector Anti-Drug Partnerships - Subtitle A: Antiaddiction Medications - Antiaddiction Medication Development Act - Requires the Commissioner of Food and Drugs and the Attorney General of the United States to provide to the Director of the National Institute on Drug Abuse (NIDA) a response to specified requests to facilitate the approval for commercial distribution of antiaddiction drugs developed by NIDA. Sets forth provisions regarding the submission of, and responses to, such requests. (Sec. 203) Amends the Federal Food, Drug, and Cosmetic Act to provide that if an application is submitted and the drug involved is approved as a qualifying antiaddiction drug, then the person who submitted the application may select one qualifying on-market drug for purposes of providing for the extension of the period of market exclusivity for such on-market drug. Subtitle B: Commission on Role of Medication Education in Reducing Substance Abuse - Directs the Secretary of Health and Human Services to establish the National Commission on the Role of Medical Education in Reducing Substance Abuse, which shall conduct a study to determine the manner in which programs of initial and continuing medical education can be modified to improve the efforts of health professionals in preventing, diagnosing, and treating substance abuse cases. Sets forth reporting requirements. Authorizes appropriations. Title III: Statement of National Antidrug Policy - Subtitle A: Congressional Leadership in Community Coalitions - Expresses the sense of the Congress that the individual Members of the House of Representatives should establish community-based anti-drug coalitions in their congressional districts or should actively support such coalitions that already exist. Subtitle B: Rejection of Legalization of Drugs - Expresses the sense of the Congress that: (1) the States and their citizens should reject drug legalization; and (2) every State should make efforts to be drug-free. Subtitle C: Report on Streamlining Federal Prevention and Treatment Efforts - Expresses the sense of the Congress that: (1) Federal Government efforts to reduce the demand for illegal drugs in the United States are frustrated by the fragmentation of those efforts across multiple departments and agencies; and (2) improvement of those efforts can best be achieved through consolidation and coordination. Requires the Director of National Drug Control Policy to prepare and submit to specified congressional committees a report evaluating options for increasing the efficacy of Federal drug prevention and treatment programs and activities. Authorizes appropriations.
United States · United States Congress · 6 August 1998
Expresses the sense of the Congress that the Secretary of Defense and the Chairman of the Joint Chiefs of Staff should revise the priorities for the allocation of Department of Defense assets under the Global Military Force Policy so that the priority established for the Department's counter-drug activities mission is equal to or higher than the priority (second highest) for the mission of military operations other than war that might involve contact with hostile forces.
United States · United States Congress · 4 August 1998
Declares that Members of Congress should: (1) follow the example of Jacob Chestnut and John Gibson of the U.S. Capitol Police by living lives of love, respect, and integrity every day at all times, including on the floor of the Senate and House of Representatives; and (2) deserve the title "Honorable" by setting an example so that such individuals did not die in vain.
United States · United States Congress · 4 August 1998
Expresses the sense of Congress that State and local governments and local educational agencies are encouraged to: (1) dedicate at least one day of learning to the study and understanding of the significance of the Declaration of Independence, the Constitution, and the Federalist Papers; and (2) include a requirement that, before receiving a certificate or diploma of graduation from high school, students be tested on their competency in understanding those works.
United States · United States Congress · 3 August 1998
Mammography Quality Standards Reauthorization Act of 1998 - Amends the Public Health Service Act to authorize appropriations to carry out provisions relating to the certification of mammography facilities. Requires that appeals from certification denials follow procedures in effect at that time (currently, in effect on a specified date). Requires that standards for accreditation bodies: (1) mandate review of clinical images by qualified review physicians (currently, by qualified practicing physicians); and (2) prohibit those conducting reviews from having any relationship (currently, any financial relationship) with the facility being reviewed that would constitute a conflict of interest. Modifies mammogram record retention requirements. Requires that a summary of the written report regarding a mammography be sent directly to the patient in terms easily understood by a lay person. Allows inspection of facilities (currently, certified facilities) for compliance with certification requirements and mammography quality standards (currently, compliance with mammography quality standards). Authorizes a demonstration program under which inspections are conducted less often than the current minimum of annually. Allows inspections to be conducted by a local agency on behalf of the Secretary of Health and Human Services. Empowers the Secretary to require a facility to notify patients who received mammograms if the Secretary determines the quality was so inconsistent with standards as to present a significant risk to the individual or public health. Authorizes civil money penalties for failure to comply. Allows certificate suspension or revocation for a failure to comply with an accreditation body's requests for records or materials. Modifies requirements for certification suspension before holding a hearing.
United States · United States Congress · 3 August 1998
National Uniformity for Food Act of 1998 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to prohibit any State or political subdivision from establishing or continuing in effect as to any food in interstate commerce any requirement for food labeling or food that is not identical to specified FDCA provisions. Prohibits any State or political subdivision from establishing or continuing in effect any notification requirement for a food that provides for a warning concerning the food's safety that is not identical to FDCA provisions. Allows a State to petition for an exemption and for a national standard regarding any requirement under the FDCA or the Fair Packaging and Labeling Act relating to food regulation. Allows a State to establish a requirement that would otherwise violate FDCA provisions relating to national uniform nutrition labeling or this paragraph if the requirement is needed to address an imminent hazard to health that is likely to result in serious adverse health consequences and if other requirements are met.
United States · United States Congress · 30 July 1998
Establishes the U.S. Capitol Police Memorial Fund on behalf of the families of Detective John Michael Gibson and Private First Class Jacob Joseph Chestnut of the U.S. Capitol Police.
United States · United States Congress · 27 July 1998
Declares that the Congress honors the memory of Detective John Michael Gibson and Private First Class Jacob Joseph Chestnut of the U.S. Capitol Police for the selfless acts of heroism they displayed on July 24, 1998, in sacrificing their lives in the line of duty so that others might live. Provides that, when the House of Representatives adjourns on this date and when the Senate adjourns or recesses on this date, they shall do so out of respect for the memory of Officers Gibson and Chestnut.
United States · United States Congress · 27 July 1998
Authorizes the use of the rotunda of the Capitol for a memorial service for Detective John Michael Gibson and Private First Class Jacob Joseph Chestnut of the U.S. Capitol Police. Directs the Architect of the Capitol to place a plaque in honor of the memory of Officers Gibson and Chestnut at an appropriate site in the U.S. Capitol, with the approval of the Speaker of the House of Representatives and the President Pro Tempore of the Senate. Directs the Sergeant at Arms of the House of Representatives to make arrangements for funeral services for Officers Gibson and Chestnut, including payments for travel expenses of immediate family members, and for expenses incurred by Members of the House of Representatives in attending such services. Directs the Chief Administrative Officer of the House of Representatives to pay survivor's gratuities to the widows of Officers Gibson and Chestnut. Expresses the sense of the Congress that there should be established under law a U.S. Capitol Police Memorial Fund for the surviving spouses and children of members of the U.S. Capitol Police who are slain in the line of duty.
United States · United States Congress · 22 July 1998
TABLE OF CONTENTS: Title I: Enhanced Source and Transit Country Coverage Title II: Enhanced Eradication and Interdiction Strategy in Source Countries Title III: Enhanced Alterative Crop Development Support in Source Zone Title IV: Enhanced International Law Enforcement Training Title V: Enhanced Drug Transit and Source Zone Law Enforcement Operations and Equipment Title VI: Relationship to Other Laws Western Hemisphere Drug Elimination Act - Declares that it is U.S. policy to: (1) reduce the supply of drugs and drug use through an enhanced drug interdiction effort in the major drug transit countries and a comprehensive supply country eradication and crop substitution program, because a commitment of increased resources in international drug interdiction efforts will create a balanced national drug control strategy among demand reduction, law enforcement, and international drug interdiction efforts; and (2) support policies and dedicate the resources necessary to reduce the flow of illegal drugs into the United States by not less than 80 percent by December 31, 2001. Title I: Enhanced Source and Transit Country Coverage - Authorizes appropriations for FY 1999 through 2001 for the Department of the Treasury and the Department of Defense (DOD) for the enhancement of air coverage and operation for drug source and transit countries. (Sec. 102) Authorizes appropriations for FY 1999 through 2001 for the Department of Transportation (DOT) for the enhancement of U.S. Coast Guard maritime coverage and operation in drug source and transit countries. (Sec. 103) Authorizes appropriations for FY 1999 through 2001 for the DOD for the enhancement of radar coverage in drug source and transit countries. Title II: Enhanced Eradication and Interdiction Strategy in Source Countries - Authorizes appropriations for FY 1999 through 2001 for the Department of State and the DOD for the enhancement of drug- related eradication efforts in Colombia. (Sec. 202) Authorizes appropriations for FY 1999 through 2001 for: (1) the Department of State for the establishment of a third drug interdiction site at Puerto Maldonado, Peru, to support air bridge and riverine missions for enhancement of drug-related eradication efforts there; and (2) the DOD for operation and maintenance, Defense-wide, for enhancement of drug interdiction efforts in Peru for support of multinational riverine and small boat maintenance training programs in Iquitos, Peru. Directs the Secretary of Defense to study and report to the Congress on Peruvian counternarcotics air interdiction requirements. (Sec. 203) Authorizes appropriations for FY 1999 through 2001 for the Department of State for enhancement of drug-related eradication efforts in Bolivia. (Sec. 204) Directs the Secretary of State to purchase six Bell 212 high altitude helicopters designated for opium eradication programs in Mexican states of Guerrero, Jalisco, and Sinaloa, for enhancement of drug-related eradication efforts there. Makes this purchase mandate contingent on Mexico's agreement to approve full diplomatic immunity for Drug Enforcement Administration (DEA) personnel serving in Mexico with privileges granted to U.S. Government officials to carry weapons necessary for the performance of their duties. Authorizes appropriations. Expresses the sense of the Congress that: (1) all U.S. law enforcement personnel serving in Mexico should be accorded the same status as diplomatic and consular personnel serving at U.S. posts in Mexico; and (2) all Mexican narcotics law enforcement personnel serving in the United States should be accorded the same diplomatic and consular status as DEA personnel serving in Mexico. (Sec. 205) Authorizes appropriations for FY 1999 through 2001 for enhanced precursor chemical control projects. (Sec. 206) Requires any individual serving as an assistant secretary of any Federal agency or department who has primary responsibility for international narcotics control and law enforcement (including the principal deputy of any such assistant) to have substantial professional qualifications in the fields of management and Federal law enforcement, or intelligence. Declares that the DOD shall have sole responsibility in implementation and processing of counternarcotics foreign military sales requests (with the Department of State having a consultative role in such requests). (Sec. 207) Expresses the sense of the Congress that the responsiveness and effectiveness of Department of State international narcotics assistance activities have been hampered due, in part, to the lack of law enforcement expertise by responsible Department of State personnel. Requires the Director of National Drug Control Policy to report to the appropriate congressional committees on: (1) the responsiveness and effectiveness of such activities; and (2) the feasibility costs and steps needed to achieve a transfer of the Department of State's Bureau of International Narcotics and Law Enforcement Affairs to the DEA. Authorizes appropriations. Title III: Enhanced Alternative Crop Development Support in Source Zone - Authorizes appropriations for FY 1999 through 2001 for the U.S. Agency for International Development (AID) for certain alternative crop development programs in Colombia, Peru, and Bolivia. Title IV: Enhanced International Law Enforcement Training - Authorizes appropriations for FY 1999 through 2001 for the Department of Justice for the establishment and operation of international law enforcement academies to carry out law enforcement training activities in Latin America and the Caribbean, Thailand, and South Africa. (Sec. 401) Authorizes appropriations for FY 1999 through 2001 for the DOT and the Department of the Treasury for the joint establishment, operation, and maintenance in San Juan, Puerto Rico, of a center for training law enforcement personnel of countries located in Latin America and the Caribbean in matters relating to maritime law enforcement (including customs-related ports management matters). Authorizes appropriations for FY 1999 through 2001 for the DOT for the establishment, operation, and maintenance of maritime training vessels. (Sec. 402) Authorizes appropriations for FY 1999 through 2001 for the Department of Justice for: (1) substantial exchanges for Mexican judges, prosecutors, and police; and (2) enhanced support for the Brazilian Federal Police Training Center. Authorizes appropriations for FY 1999 through 2001 for the DOD for operation and maintenance, Defense-wide, for locating and operating Coast Guard and Navy assets so as to strengthen the capability of the Coast Guard of Panama to patrol the Atlantic and Pacific coasts for drug enforcement and interdiction activities. Makes members of the national police of Panama eligible to receive training through the International Military Education Training (IMET) program. Authorizes appropriations for FY 1999 through 2001 for the DOD for operation and maintenance, Defense-wide, for support for the Venezuelan Joint National Guard and Judicial Technical Police Counterdrug Intelligence Center. Authorizes appropriations for FY 1999 through 2001 for the DOT and the Department of the Treasury for the buildup of local coast guard and port control in: (1) Guayaquil and Esmeraldas, Ecuador; (2) Haiti and the Dominican Republic; and (3) Belize, Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua (Central America). (Sec. 403) Authorizes the DEA Administrator to transfer or lease a specified amount of nonlethal equipment to foreign law enforcement organizations for the purpose of establishing and carrying out cooperative illicit narcotics control activities. Title V: Enhanced Drug Transit and Source Zone Law Enforcement Operations and Equipment - Authorizes appropriations for FY 1999 through 2001 for the DEA, the DOT, the DOD, and the Department of the Treasury for enhancement of counternarcotics operations in drug transit and source countries. (Sec. 501) Authorizes appropriations for FY 1999 through 2001 for the Department of State for the deployment of commercial unclassified intelligence and imaging data and a Passive Coherent Location System for counternarcotics and interdiction purposes in the Western Hemisphere. (Sec. 502) Expresses the sense of the Congress that the Secretary of Defense should revise the DOD's Global Military Force Policy in order to: (1) treat the international drug interdiction and counter- drug activities of the DOD as a military operation other than war (thus elevating its priority to just below that for war); and (2) allocate DOD assets to drug interdiction and counter-drug activities in accordance with such priority. Title VI: Relationship to Other Laws - Declares that funds authorized to be appropriated for any Federal department or agency for FY 1999 through 2001 are in addition to funds authorized to be appropriated for that department or agency for those fiscal years by any other provision of law.
United States · United States Congress · 16 July 1998
TABLE OF CONTENTS: Title I: Amendments to the Employee Retirement Income Security Act of 1974 Subtitle A: Patient Protections Subtitle B: Patient Access to Information Subtitle C: New Procedures and Access to Courts for Grievances Arising under Group Health Plans Subtitle D: Affordable Health Coverage for Employees of Small Businesses Title II: Amendments to Public Health Service Act Subtitle A: Patient Protections and Point of Service Coverage Requirements Subtitle B: Patient Access to Information Subtitle C: HealthMarts Subtitle D: Community Health Organizations Title III: Amendments to the Internal Revenue Code of 1986 Subtitle A: Patient Protections Subtitle B: Patient Access to Information Subtitle C: Medical Savings Accounts Title IV: Health Care Lawsuit Reform Subtitle A: General Provisions Subtitle B: Uniform Standards for Health Care Liability Actions Title V: Confidentiality of Health Information Title VI: Medical Savings Accounts for Federal Employees Patient Protection Act of 1998 - Title I: Amendments to the Employee Retirement Income Security Act of 1974 - Subtitle A: Patient Protections - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to prohibit a group health plan, or a health insurance issuer offering group coverage, from imposing on a health professional any prohibition on advice provided to a participant or beneficiary. Requires a plan or issuer, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization) for emergency medical screening examinations if a prudent layperson would determine them necessary; (2) routine gynecological or obstetric specialist care, to provide those benefits without authorization or referral by a primary care provider; or (3) routine pediatric specialist care, to allow designation of a pediatric specialist as the primary provider. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. Subtitle C: New Procedures and Access to Courts for Grievance Arising Under Group Health Plans - Requires group health plans to: (1) provide written notice to participants or beneficiaries and providers of adverse coverage decisions; and (2) meet specified time limits for responding to routine, urgent, and emergency benefit payment requests, coverage advance determinations, and medical necessity determinations. Provides for initial coverage decision internal and, in certain circumstances, external review. Makes a plan's fiduciary who, after an external review recommends coverage, causes a failure to provide a benefit liable to the participant or beneficiary for a civil penalty and attorney's fees and costs. Allows assessment of a civil penalty against a fiduciary for any pattern or practice of repeated adverse coverage decisions in violation of the terms of the plan or ERISA. Allows an action before exhaustion of administrative remedies. Provides for concurrent Federal-State court jurisdiction for actions relating to certain amendments made by this Act. Subtitle D: Affordable Health Coverage for Employees of Small Businesses - Small Business Affordable Health Coverage Act of 1998 - Defines "association health plan" to mean a group health plan meeting specified requirements, including being sponsored by a trade, industry, or professional association, a chamber of commerce (or a similar business association) organized and maintained for substantial purposes other than obtaining or providing medical care. Provides for association plan certification and mandates a class certification procedure. Regulates association plans' boards of trustees and sponsors. Prohibits, for plans in existence on the date of enactment of this Act, a sponsor's affiliated members from being offered coverage unless the member: (1) was affiliated on the certification date; or (2) did not maintain or contribute to a group health plan during the 12 months before the offering of coverage. Prohibits a participating employer from providing health coverage in the individual market for any employee who is eligible for plan coverage if the exclusion from plan coverage is based on health status. Prohibits excluding an employer from an association plan if the employer and plan each meet specified requirements. Prohibits contribution rates for any participating small employers from varying on the basis of claims experience or type of business. Requires, if any plan benefit option does not consist of health coverage, that the plan have at least 1,000 participants and beneficiaries. Requires, if a benefit option consisting of health coverage is offered under the plan, that State-licensed insurance agents be used to distribute to small employers coverage that is not health coverage in a manner comparable to the manner in which those agents are used to distribute health coverage. Requires that a plan consist only of health coverage or, if the plan provides any additional benefit options, that the plan meet certain reserve and excess stop loss insurance and solvency indemnification requirements regarding the additional benefit options for which risk has not yet been transferred. Requires that all plans maintain a specified surplus. Requires association plans providing additional options to make annual payments to the Association Health Plan Fund. Requires that, when there is or will be a failure to maintain such reserves, excess stop loss insurance, and indemnification, the Secretary of Labor pay amounts as necessary to maintain the excess stop loss insurance or indemnification. Establishes the Fund. Mandates advance notice to participants and beneficiaries of certified plan termination. Requires, when a plan has failed or will fail to maintain required reserves, excess stop loss insurance, and indemnification, either corrective action or plan termination. Provides for court appointment of the Secretary as trustee to administer a plan during insolvency. Allows a State to impose a contribution tax on an association plan providing additional options if the plan began operations in the State after enactment of this Act. Sets forth special rules for church plans. Declares that the provisions of this subtitle supersede certain related State laws. (Sec. 1303) Modifies the circumstances in which two or more trades or businesses must be deemed a single employer. (Sec. 1304) Excludes from the definition of "multiple employer welfare arrangement" any arrangement: (1) established or maintained under specified Federal (or similar State) labor relations provisions; or (2) meeting certain collective bargaining and other requirements. (Sec. 1305) Imposes criminal penalties for falsely representing any benefit as: (1) being a certified association plan; or (2) having been established or maintained under certain collective bargaining agreements. (Sec. 1306) Allows a State to enter into an agreement with the Secretary for delegation to the State of some or all of the Secretary's enforcement or certification authority. Title II: Amendments to Public Health Service Act - Subtitle A: Patient Protections and Point of Service Coverage Requirements - Amends the Public Health Service Act to prohibit a group health plan, or a health insurance issuer offering group coverage, from imposing on a health professional any prohibition on advice provided to a participant or beneficiary. Requires a plan or issuer, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization) for emergency medical screening examinations if a prudent layperson would determine them necessary; (2) routine gynecological or obstetric specialist care benefits, to provide those benefits without an authorization or referral by a primary provider; or (3) routine pediatric specialist benefits, to allow designation of a pediatric specialist as the primary provider. (Sec. 2002) Requires health maintenance organizations (HMOs) that provide coverage under a group health plan only if services are furnished exclusively through members of a closed panel to make available to the plan sponsor an option covering services without regard to whether the providers are panel members. Requires HMOs, when a plan sponsor declines that option, to make optional supplemental coverage available in the individual market to each plan participant. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. (Sec. 2102) Requires the General Accounting Office to report to a specified congressional committee on the compliance of: (1) the Department of Justice and all U.S. Attorneys with a specified guideline relating to false claims and civil health care; and (2) the Office of the Inspector General of the Department of Health and Human Services with specified protocols and best practice guidelines. Subtitle C: HealthMarts - Health Care Consumer Empowerment Act of 1998 - Requires that HealthMarts: (1) be nonprofit legal entities composed of small employers, employees of small employers, health care providers, and entities that underwrite or administer health benefits coverage; and (2) make available health coverage to all small employers and eligible employees at rates established by the insurance issuer on a policy or product specific basis. Deems HealthMarts group health plans for purposes of specified provisions of ERISA and the Internal Revenue Code. Requires that coverage made available to an eligible employee in a geographic area be offered to all eligible employees in the same area. Declares that the HealthMart: (1) provides coverage only through contracts with issuers and does not assume insurance risk; (2) provides administrative services for purchasers; and (3) collects and disseminates consumer information on all coverage options offered through the Healthmart. Requires that HealthMart coverage provide full portability of creditable coverage for individuals who remain members of the same HealthMart notwithstanding that they change employers. Allows HealthMart coverage to include coverage: (1) through an HMO, a preferred provider or licensed provider-sponsored organization, an insurance company, a medical savings or flexible spending account, or a community health organization; (2) that includes a point-of- service option; or (3) any combination of those coverages. Requires a HealthMart to permit any small employer to contract for coverage and prohibits varying eligibility conditions. Prohibits the purchaser from obtaining or sponsoring coverage other than through the HealthMart. Prohibits enrollment discrimination based on health. Supersedes certain related State laws. Provides for the application of: (1) certain existing ERISA and Public Health Service Act requirements; and (2) renewability requirements when the contract between a HealthMart and an issuer is terminated. Directs the Secretary of Health and Human Services to administer this subtitle through a separate Health Care Marketplace Division. Subtitle D: Community Health Organizations - Allows a community health organization to offer health coverage in a State in spite of not being licensed in that State if the organization has received a licensure waiver from the Secretary of Health and Human Services and other requirements are met. Mandates the establishment of Federal financial solvency and capital adequacy standards. Title III: Amendments to the Internal Revenue Code of 1986 - Subtitle A: Patient Protections - Amends the Internal Revenue Code to prohibit a group health plan from imposing on a health professional any prohibition on advice provided to a participant or beneficiary. Requires a plan, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization) for emergency medical screening examinations if a prudent layperson would determine the examinations necessary; or (2) routine gynecological or obstetric specialist care, to provide those benefits without an authorization or referral by a primary provider. Requires a plan or issuer, if it provides benefits for routine pediatric specialist care, to allow designation of a pediatric specialist as the primary provider. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. (Sec. 3102) Requires the General Accounting Office to report to specified congressional committees on the compliance of: (1) the Department of Justice and all U.S. Attorneys with a specified guideline relating to false claims and civil health care; and (2) the Office of the Inspector General of the Department of Health and Human Services with specified protocols and best practice guidelines. Subtitle C: Medical Savings Accounts - Repeals provisions limiting the number of individuals having medical savings accounts. Allows all employers to offer the accounts. Modifies requirements regarding: (1) the monthly limitation on related deductions; (2) coordination with the exclusion for employer contributions; and (3) the deductible amounts that will qualify as a high deductible plan. Allows the accounts to be included in cafeteria plans. Sets forth special rules for individuals receiving immediate Federal annuities. (Sec. 3202) Allows medical savings accounts to be used by persons with incomes under a certain amount to pay for insurance offered by a community health center. Title IV: Health Care Lawsuit Reform - Subtitle A: General Provisions - Declares that this title applies to any health care liability action in any State or Federal court, except actions: (1) relating to vaccine-related injury to which title XXI (Vaccines) of the Public Health Service Act applies; or (2) under the Employee Retirement Income Security Act of 1974 (ERISA). Preempts State laws inconsistent with this title, but not that impose greater restrictions than those in this title. Excludes economic or punitive damages and attorneys' fees or costs from the determination of the amount in controversy. Subtitle B: Uniform Standards for Health Care Liability Actions - Establishes a statute of limitations for bringing a health care liability action. (Sec. 4012) Limits non-economic damages. Substitutes any different level set by a State after enactment of this Act. Makes defendants liable only for the proportion of the damages due to the defendant's fault. Allows punitive damages, to the extent permitted by State law, if the claimant establishes by clear and convincing evidence that the defendant's conduct intended to cause harm or manifested a conscious, flagrant indifference to the rights or safety of others. Prohibits punitive damages against a manufacturer or product seller of a drug or medical device where the drug or device was subject to Food and Drug Administration (FDA) premarket approval or the drug is generally recognized as safe and effective by the FDA. Prohibits punitive damages relating to packaging or labeling of a drug that is required to have tamper-resistant packaging unless the packaging or labeling is found by clear and convincing evidence to be substantially out of compliance. Prohibits requiring lump-sum payment of future economic and non-economic damages over $50,000. Allows any defendant to introduce evidence of collateral source payments. Prohibits any collateral source payments provider from recovering any amount against the claimant, receiving any lien or credit against the recovery, or being subrogated to the claimant's rights. (Sec. 4013) Requires any alternative dispute resolution used to resolve a health care liability action or claim to contain provisions consistent with this title. Title V: Confidentiality of Health Information - Amends title XI of the Social Security Act to require health care providers, health plans, employers, health or life insurers, or educational institutions to permit an individual who is the subject of protected health information to inspect and copy the information. Requires, if the individual requests addition of a supplemental statement to the information, that those parties: (1) add the statement and make reasonable efforts to inform any person to whom the information was disclosed during the preceding year; or (2) if addition of the statement is refused, allow the individual to file a statement of disagreement. Requires health care providers, health plans, health oversight agencies, public health authorities, employers, health or life insurers, health researchers, or educational institutions to maintain safeguards to ensure the confidentiality, security, accuracy, and integrity of protected health information. Requires any person who maintains protected health information to disclose the information to a health care provider or health plan to permit the provider or plan to conduct health care operations. Preempts State law provisions that: (1) are inconsistent with certain provisions of this title under Article VI (dealing with national supremacy, among other matters) of the Constitution; or (2) relate to specified matters dealt with in this title. Imposes civil fines for substantially and materially failing to comply with the above provisions of this title. Amends title XVIII (Medicare) of the Social Security Act to authorize the Secretary of Health and Human Services to refuse to enter into, terminate, or refuse to renew an agreement with a physician or supplier that has violated the above provisions of this title. Requires compliance with certain provisions of this title by Medicare+Choice organizations, Medicare providers, and HMOs with risk- sharing contracts. (Sec. 5002) Requires the Comptroller General to report to the Congress on the effect of State laws on health-related research subject to review by an institutional review board or institutional review committee with regard to the protection of human subjects. (Sec. 5003) Requires the Comptroller General to submit to the Congress a compilation of State laws on the confidentiality of protected health information and an analysis of the effect of those laws on the provision of, and securing payment for, health care. (Sec. 5004) Exempts information developed by a health care provider in response to a serious, adverse, patient-related event and for specified purposes (health care response information) from any disclosure requirement, in connection with a civil or administrative proceeding under Federal or State law, to the same extent as information developed by the provider regarding peer review, utilization review, quality management or improvement, quality control, risk management, or internal review to reduce mortality, morbidity, or patient care or safety. Prohibits deeming the protection of health care response information from disclosure modified by the development of such information in connection with a request or requirement of an accrediting body or the transfer of that information to an accrediting body. Title VI: Medical Savings Accounts for Federal Employees - Amends Federal law relating to Federal employees' health insurance to entitle an employee or annuitant enrolled in a high deductible health plan to have a Government contribution made to the employee's or annuitant's medical savings account, subject to exceptions and limitations. Requires that, at the employee's or annuitant's request, an amount specified by the employee or annuitant be withheld from their pay or annuity and contributed to their medical savings account. Requires the Office of Management and Budget (OMB) to contract for a high deductible health plan with any qualified carrier that offers such a plan and offers a plan under provisions relating to Federal employees' health insurance. Allows OMB to contract for a high deductible plan with any qualified carrier that offers such a plan but does not offer a plan under those provisions.
United States · United States Congress · 16 July 1998
Amends the Rules of the House of Representatives to add rule LII (Drug Testing) to require each Member, officer, and employee of the House to participate in a mandatory drug testing program. Conditions the employment of officers and employees by the House on participation in the program. Requires: (1) the Clerk of the House to contract with a private, nongovernmental entity to carry out the drug testing program; and (2) random testing of each Member, officer, and employees on a neutral selection basis, and in an appropriate testing frequency and ratio (as defined by this rule), and in addition to any methods under the Mandatory Guidelines for Federal Workplace Drug Testing Programs, using urinalysis, hair testing, and other appropriate methods of testing for illegal use of controlled substances. Requires confirmed positive results to be provided to the Member, officer, or employee involved or in the case of: (1) a Member, to the Committee on Standards of Official Conduct; (2) an employee of a Member, to the Member; (3) an employee of a committee, to the chair and ranking minority member of the committee; and (4) an officer or employee not described in paragraphs (3) or (4), to the Speaker, Majority Leader, Majority Whip, Minority Leader, and Minority Whip. Requires each final test result of Members to be included in a biennial report of the Clerk of the House and printed as a House document. Subjects, at the request of the supervising Member of an officer or employee of the House, the individual to a drug test if: (1) evidence exists that supports a reasonable suspicion that the officer or employee may be engaging in or has engaged in the illegal use of controlled substances, or is otherwise in violation of a policy of the supervising Member regarding the illegal use of controlled substance; (2) such individual is participating in or has participated in a substance abuse treatment program under an employee assistance program or is otherwise receiving treatment or counseling for substance abuse; (3) such individual has been involved in an accident which may have involved human error and which caused or may have caused a fatality, an injury, or significant property damage in an estimated amount of at least $200; (4) the supervising Member proposes to promote the individual; or (5) the individual is returning to employment with the House after a period of absence of at least six months. Requires the Committee to publicly disclose the identity of any Member who refuses to provide a sample for testing under the program and to take such other action as it considers appropriate against such a Member. Bars an individual who is an officer or employee of the House as of August 1, 1998, from continuing to serve after the expiration of the 180-day period which begins on the adoption of this resolution unless during such period the individual executes a witnessed statement agreeing to participate in random employee drug testing. Prohibits an individual who is first given an offer of employment by the House on or after August 1, 1998, from being hired unless: (1) the individual executes a witnessed statement agreeing to participate in the random drug testing program if hired; (2) the individual provides a sample for the testing; and (3) the individual's sample does not produce a confirmed positive result. Precludes an officer or employee from carrying out any duties with respect to the fields of national defense, foreign policy, intelligence, law enforcement, or any other field involving national security or public safety (as determined in accordance with regulations issued by the Committee on House Oversight) unless the individual participates in the drug testing program. Amends rule XXXII (Of admission to the floor) to prohibit an officer or employee of the House from being entitled to admission to the Hall of the House or rooms leading thereto unless such individual participates in the drug testing program. Amends rule I (Duties of the Speaker) to strike provisions requiring the Speaker to develop a system for drug testing in the House.
United States · United States Congress · 15 July 1998
Provides that Executive Order 13083, relating to the constitutional division of governmental responsibilities between the Federal Government and the States and the application of federalism principles to Federal agency actions, shall have no force or effect.
United States · United States Congress · 14 July 1998
Savings and Investment Relief Act of 1998 - Amends the Securities Exchange Act of 1934 with respect to transaction fees for both exchange-traded and exchange-regulated securities and off-exchange trades of last-sale-reported securities. Directs the Securities and Exchange Commission (SEC) to prescribe annually a fiscal year fee limitation based upon the pro rata share of the aggregate dollar amount of securities sales, so that total fee payments will not exceed specified limits. Requires each national securities exchange and national securities association to adopt implementing rules which provide fee reductions for all market participants. Directs the SEC to report annually to the Congress on the total amount of transaction fees collected by each national securities exchange and national securities association. Authorizes future appropriations Acts to increase such fee limitations in any year in which the total fees collected are insufficient for SEC budget authority provided under such Acts.
United States · United States Congress · 14 July 1998
Drug Dealer Liability Act of 1998 - Amends the Controlled Substances Act to provide that any person who manufactures or distributes a controlled substance shall be liable in a civil action to any party harmed, directly or indirectly, by the use of that substance. Prohibits an individual user of a controlled substance from bringing or maintaining such an action unless the individual: (1) personally discloses to narcotic enforcement authorities all of the information known to that individual regarding all his or her sources of illegal controlled substances; (2) has not used an illegal controlled substance within 30 days before filing the action; and (3) continues to remain free of the use of an illegal controlled substance throughout the pendency of the action.
United States · United States Congress · 25 June 1998
Senior Citizen Protection Act of 1998 - Amends title XIX (Medicaid) of the Social Security Act to extend the authority of State Medicaid fraud control units, upon the approval of the Inspector General of the relevant Federal agency, to investigate and prosecute: (1) fraud in connection with other Federal health care programs (if the suspected fraud or law violation is primarily related to the State Medicaid plan); and (2) at a unit's option, abuse of residents of non-Medicaid board and care facilities. Provides that overpayments collected by a State Medicaid fraud control unit shall be credited to, and be available for expenditure under, the Federal health care program that was subject to the activity that was the basis for the collection.
United States · United States Congress · 11 June 1998
Bosnia Force Realignment Act - Prohibits the use of any funds appropriated or otherwise available to the Department of Defense (DOD) for FY 1999 or any subsequent fiscal year for the deployment of any U.S. ground combat forces in the Republic of Bosnia and Herzegovina after June 30, 1999. Provides exceptions to such prohibition to the extent necessary to support: (1) a limited number of U.S. military personnel sufficient only to protect U.S. diplomatic facilities; or (2) non-combat military personnel sufficient only to advise the commanders of the North American Treaty Organization (NATO) peacekeeping operations there. Prohibits DOD funds from being used after June 30, 1999, for: (1) the conduct of, or support for, any law enforcement activities in the Republic of Bosnia and Herzegovina, except for the training of law enforcement personnel or to prevent imminent loss of life; (2) any activity that may jeopardize the primary mission of the NATO-led force in preventing armed conflict there; (3) the transfer of refugees within the Republic of Bosnia and Herzegovina that has a purpose of acquiring control by one Bosnian Entity of territory allocated to another or that may expose U.S. armed forces to substantial risk; or (4) implementation of any decision to change the legal status of any territory within the Republic of Bosnia and Herzegovina, unless expressly agreed to by all signatories to the Dayton Peace Agreement. Requires the President to report to the Congress on the progress of the withdrawal of U.S. ground combat forces from the Republic of Bosnia and Herzegovina.
United States · United States Congress · 11 June 1998
Condemns and calls for the condemnation of the brutal killing of James Byrd, Jr., which occurred in Jasper, Texas, as unacceptable and outrageous. Declares that the House of Representatives pledges to: (1) do everything in its power to probe the underlying causes of this brutal killing; and (2) join in efforts to bring an end to racism and the underlying fear and hatred and to encourage all Americans to dedicate themselves to ending racism and violence in the United States. Calls on the Federal Bureau of Investigation, the Department of Justice, the White House, and all other Federal law enforcement agencies to conduct an immediate, full, and fair investigation into all of the facts of the case to aggressively respond to this tragedy with indictments. Urges the prosecution to proceed aggressively with a fair but speedy trial.
United States · United States Congress · 9 June 1998
Amends the Arms Export Control Act to exempt Department of Agriculture assistance for the purchase or other provision of food or other agricultural commodities from the prohibition against extensions of U.S. Government credit, credit guarantees, or other financial assistance to countries involved in the transfer or use of nuclear explosive devices.
United States · United States Congress · 9 June 1998
Expresses the sense of the Congress that: (1) undercover law enforcement investigations, including sting operations, are necessary to counter increasingly sophisticated money laundering schemes that involve financial institutions in this country and other countries, including Mexico; and (2) the United States should not agree to extradite to Mexico U.S. law enforcement agents involved in Operation Casablanca for actions taken within the scope of such Operation.
United States · United States Congress · 4 June 1998
Amends the Rules of the House of Representatives to add rule LII (Drug Testing) to require each Member, officer, and employee of the House to participate in a mandatory drug testing program. Conditions the employment of officers and employees by the House on participation in the program. Requires: (1) the Clerk of the House to contract with a private, nongovernmental entity to carry out the drug testing program; and (2) random testing of each Member, officer, and employees on a neutral selection basis, and in an appropriate testing frequency and ratio (as defined by this rule), and in addition to any methods under the Mandatory Guidelines for Federal Workplace Drug Testing Programs, using urinalysis, hair testing, and other appropriate methods of testing for illegal use of controlled substances. Requires confirmed positive results to be provided to the Member, officer, or employee involved or in the case of: (1) a Member, to the Committee on Standards of Official Conduct; (2) an employee of a Member, to the Member; (3) an employee of a committee, to the chair and ranking minority member of the committee; and (4) an officer or employee not described in paragraphs (3) or (4), to the Speaker, Majority Leader, Majority Whip, Minority Leader, and Minority Whip. Requires each final test result of Members to be included in a biennial report of the Clerk of the House and printed as a House document. Subjects, at the request of the supervising Member of an officer or employee of the House, the individual to a drug test if: (1) evidence exists that supports a reasonable suspicion that the officer or employee may be engaging in or has engaged in the illegal use of controlled substances, or is otherwise in violation of a drug abuse prevention policy of the supervising Member; (2) such individual is participating in or has participated in a substance abuse treatment program under an employee assistance program or is otherwise receiving treatment or counseling for substance abuse; (3) such individual has been involved in an accident which may have involved human error and which caused or may have caused a fatality, an injury, or significant property damage in an estimated amount of at least $200; (4) the supervising Member proposes to promote the individual; or (5) the individual is returning to employment with the House after a period of absence of at least six months. Requires the Committee to take appropriate action against any Member who refuses to provide a sample for testing under the program. Prohibits an individual who is first given an offer of employment by the House on or after June 1, 1998, from being hired unless: (1) the individual executes a witnessed statement agreeing to participate in the random drug testing program if hired and agreeing to waive legal rights of challenge; (2) the individual provides a sample for the testing; and (3) the individual's sample does not produce a confirmed positive result. Precludes an officer or employee from carrying out any duties with respect to the fields of national defense, foreign policy, intelligence, law enforcement, or any other field involving national security or public safety (as determined in accordance with regulations issued by the Committee on House Oversight) unless the individual participates in the drug testing program. Amends rule XXXII (Of admission to the floor) to prohibit an officer or employee of the House from being entitled to admission to the Hall of the House or rooms leading thereto unless such individual participates in the drug testing program. Amends rule I (Duties of the Speaker) to strike provisions requiring the Speaker to develop a system for drug testing in the House.
United States · United States Congress · 3 June 1998
Urges the Board of Governors of the U.S. Postal Service to reject the recommended decision issued by the Postal Rate Commission on May 11, 1998, to the extent that it provides for any increase in postage rates.
United States · United States Congress · 20 May 1998
Senior Citizens' Freedom to Work Act of 1998 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to repeal the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn (earnings test) without incurring a reduction in benefits.
United States · United States Congress · 20 May 1998
Save Our Children Act of 1998 - Directs the U.S. Sentencing Commission to amend or promulgate sentencing guidelines to provide that certain drug offenses committed in the presence of a child receive a penalty enhancement of the greater of: (1) two offense levels or one year, for the first such offense; or (2) four offense levels or two years, for the second such offense.
United States · United States Congress · 14 May 1998
TABLE OF CONTENTS: Title I: Slamming Title II: Switchless Resellers Title III: Spamming Anti-slamming Amendments Act - Title I: Slamming - Amends the Communications Act of 1934 (the Act) to prohibit a telecommunications carrier or a reseller of telecommunications services from submitting or executing a change in a subscriber's selection of a provider of telephone exchange service or toll service, except in accordance with this Act and Federal Communications Commission (FCC) verification procedures. Requires a carrier or reseller, in order to verify a subscriber's selection of a telephone exchange or toll service provider, to require the subscriber to: (1) affirm that the subscriber is authorized to select the service provider for that telephone number; (2) acknowledge the type of service to be changed by the selection; (3) affirm the intent to select the service provider; and (4) acknowledge that such selection will result in a change of service provider. Requires FCC selection verification procedures to: (1) preclude the use of negative option marketing; (2) provide for a complete copy of verification of a change of provider in oral, written, or electronic form; (3) require the retention of such verification in a manner and form and for such time as the FCC considers appropriate; (4) mandate that verification occur in the same language as that in which the change was solicited; and (5) provide for verification to be made available to a subscriber on request. Bars: (1) a carrier from being found in violation of this Act solely on the basis of a violation by an unaffiliated reseller of the carrier's service or facilities; and (2) the FCC from limiting or inhibiting a subscriber's ability to require that any change in the subscriber's choice of a provider not be affected unless the change is expressly and directly communicated by the subscriber to the existing provider. Makes all of the above provisions inapplicable to providers of commercial mobile service. Allows a subscriber whose provider is changed in violation of this Act to pay the former carrier or reseller for all services provided by the unauthorized carrier or reseller. Requires a carrier or reseller selected by a subscriber to notify the subscriber in a specific and unambiguous writing, not more than 15 days after the change is processed by the carrier or reseller: (1) of the subscriber's new carrier or reseller; and (2) that the subscriber may request information regarding the date of the change and the individual authorizing the change. Requires the FCC to: (1) prescribe a period not to exceed 120 days after receipt of notice of a complaint of an unauthorized change for the carrier or reseller to resolve such complaint; and (2) provide a simplified process for resolving such complaints. Authorizes the FCC, if a violation of this Act is found, to award damages of: (1) the greater amount of $500 or actual damages for each violation; or (2) three times such amount. Provides penalties for violations of this Act and authorizes the FCC to collect forfeitures and damages. Treats an initiation of service as a change in a subscriber's selection for purposes of this Act. Authorizes a State, when it has reason to believe that a carrier or reseller has or is engaged in a practice of changing service providers without subscriber authority, to bring: (1) an action on behalf of its residents to recover damages; and (2) an action for the assessment of civil penalties. Gives Federal courts exclusive jurisdiction over such actions. Requires FCC notification of, and authorizes FCC intervention in, any such action. Requires: (1) each carrier or reseller to report quarterly to the FCC on the number of complaints of unauthorized changes in provider services submitted to them by their subscribers; and (2) the FCC to use such information to identify carriers or resellers that engage in patterns and practices of unauthorized changes in provider services. Requires the FCC to report to the Congress on unauthorized changes in subscribers' providers. (Sec. 102) Allows a person's failure to pay a forfeiture imposed for violation of this Act to be used as a basis for revoking, denying, or limiting that person's operating authority. (Sec. 103) Sets forth obligations of telephone billing agents (including carriers or resellers) regarding bills issued to a subscriber of provider services and prohibits such issuance if the agent knows, or should know, that such charges are unauthorized or are otherwise improper. (Sec. 104) Grants the FCC jurisdiction to assess and recover penalties against a billing service provider (other than a carrier or reseller) only if such provider knowingly or willfully violates the provisions of this Act or any FCC rule or order. (Sec. 105) Directs the FCC to issue a report on the telemarketing and other solicitation practices used by carriers or resellers to solicit changes by subscribers in their service providers. Authorizes the FCC to initiate a rulemaking to prohibit such particular practices it determines are being used with the intention to mislead, deceive, or confuse subscribers. Title II: Switchless Resellers - Requires a telecommunications carrier operating or seeking to operate as a switchless reseller to furnish to the FCC a surety bond in a form and an amount determined by the FCC to be satisfactory for purposes of paying any: (1) fine or penalty imposed against the carrier for unauthorized changes in subscriber selections; (2) penalty imposed against the carrier regarding such operation; and (3) other fine, penalty, or forfeiture penalty imposed against the carrier under the Act. Requires such reseller to designate a resident agent in the United States for receipt of service of judicial and administrative process if the reseller is not domiciled in the United States. Allows the FCC to suspend the right of the carrier to operate as a switchless reseller for violation of this Act and subjects the carrier to any forfeiture provided for under the Act. Prohibits a common carrier or billing agent from providing billing services for unbonded switchless resellers or for a reseller not domiciled in the United States who has not designated a resident agent. Imposes a civil penalty of up to $50,000 on knowing and willful violators. Sets forth provisions regarding FCC review of surety bonds and their return to the carrier as a result of such review. Precludes this Act from prohibiting the FCC from adopting rules providing for the permissive detariffing of long-distance telephone companies, if the FCC determines that such action would otherwise serve the public interest, convenience, and necessity. Title III: Spamming - Requires a person who transmits an unsolicited commercial electronic mail message to include at the beginning: (1) the name, physical address, electronic mail address, and telephone number of the person who initiates transmission of the message or who created the content of it; and (2) a statement that further transmissions of such mail to the recipient by the person may be stopped at no cost to the recipient by sending a reply to the originating electronic mail address with the word "remove" in the subject line. (Sec. 302) Empowers the Federal Trade Commission (FTC) with regulatory authority over such unsolicited electronic mail, including authority to conduct investigations, commence civil actions against individuals, and impose fines, penalties, and injunctions. Requires the FTC to take appropriate action within two years after the transmission of such electronic mail. (Sec. 303) Authorizes a State to bring a civil action on behalf of its residents against individuals or entities transmitting electronic mail in violation of this Act. Requires such State to notify the FTC of such action. (Sec. 304) States that this Act shall not apply to an electronic mail transmission by an interactive computer service provider unless the provider initiates the transmission or the transmission is not made to its own customers. Authorizes actions by such providers to enforce the sanctions under this Act. Requires such action within one year after receipt of the transmission. (Sec. 305) Requires a person who receives from any other person an electronic mail message requesting the termination of further transmission of commercial electronic mail to cease such transmissions to the individual. States that a person who secures a good or service from, or otherwise responds electronically to, an offer of unsolicited commercial electronic mail shall be deemed to have authorized such transmission.
United States · United States Congress · 14 May 1998
TABLE OF CONTENTS: Title I: 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
Drug-Free Workplace Act of 1998 - Expresses the sense of the Congress that: (1) businesses should adopt drug-free workplace programs; and (2) States should consider financial incentives, such as reductions in workers' compensation premiums, to encourage businesses to adopt such programs. Amends the Small Business Act to establish a drug-free workplace demonstration program, under which the Small Business Administration (SBA) may make grants to eligible intermediaries to provide financial assistance to small businesses seeking to start such a program. Outlines intermediary eligibility requirements. Requires a program to include: (1) a written policy, including prohibitions against substances in the workplace and violation consequences; (2) training for employees and supervisors; (3) employee drug testing; and (4) employee access to an assistance program. Authorizes appropriations. Requires small business development centers to provide information and assistance to small businesses in developing such programs. Authorizes the SBA Administrator to contract with and compensate government and private agencies or persons for the provision of services under this Act.
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 · 7 May 1998
TABLE OF CONTENTS: Title I: Authorization of Appropriations for United States Customs Service Title II: Overtime and Premium Pay of Officers of the United States Customs Service; Miscellaneous Provisions Subtitle A: Overtime Pay and Premium Pay of Officers of the United States Customs Service Subtitle B: Miscellaneous Provisions Drug Free Borders Act of 1998 - Title I: Authorization of Appropriations for United States Customs Service - Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize appropriations for FY 1999 and 2000 for the United States Customs Service for: (1) noncommercial and commercial operations; and (2) the air interdiction program. Requires the Commissioner of Customs to submit to specified congressional committees a projected budget for the succeeding fiscal year (out-year). (Sec. 102) Earmarks amounts for: (1) the acquisition and deployment of narcotics detection equipment (including maintenance and support of such equipment, training of personnel, and new technologies) along the United States-Mexico border, the United States-Canada border, and Florida and the Gulf Coast seaports; and (2) additional inspectors, canine enforcement officers, special agents, and enhanced investigative resources during peak hours along such borders. Requires the Commissioner of Customs, as part of the annual program activity performance plan set forth in the Customs Service budget, to establish performance goals, performance indicators, and comply with certain other requirements with respect to such border activities. Title II: Overtime and Premium Pay of Officers of the United States Customs Service; Miscellaneous Provisions - Subtitle A: Overtime Pay and Premium Pay of Officers of the United States Customs Service - Amends Federal customs law to increase the maximum aggregate overtime pay that a customs officer may be paid in any fiscal year from $25,000 to $30,000. Permits the Commissioner to waive such limitation in individual cases in order to prevent excessive costs or to meet emergency requirements. Authorizes the Commissioner to pay any customs officer for one work assignment that would result in overtime pay exceeding $30,000, in addition to any overtime pay that may be received under a waiver, upon certification to specified congressional committees that the Customs Service has in operation a system daily providing accurate and reliable data on overtime and premium pay for customs officers. (Sec. 202) Prohibits payment of overtime and premium pay to any customs officer unless such officer has actually performed work during the time corresponding to such pay. (Sec. 203) Revises requirements for the night work differential to change shift times: (1) from 3 p.m.-to-midnight to 6 p.m.-to-midnight; (2) from 11 p.m.-to-8 a.m. to midnight-to-6 a.m.; and (3) to repeal certain pay requirements for the current half-past-7 p.m.-to- half-past-3 a.m. shift (thus abolishing such shift). (Sec. 204) Requires the Secretary of the Treasury to use any savings from payment of overtime and premium pay for additional overtime enforcement activities. Subtitle B: Miscellaneous Provisions - Authorizes the Secretary of the Treasury, in order to ensure the integrity of the Customs Service, to transfer: (1) up to five percent of the customs officers employed at the beginning of each fiscal year to new duty stations on a permanent basis; and (2) any customs officers to temporary duty assignments for not more than 90 days. Earmarks amounts to carry out such transfers. (Sec. 212) Expresses the sense of the Congress that collective bargaining agreements should not have any adverse impact on the ability of the Customs Service to interdict contraband, including controlled substances. Requires the Commissioner to meet with the recognized bargaining representative of Customs Service employees to eliminate any contract provision causing such an adverse impact. Authorizes the Customs Service to implement its last offer immediately if after 90 days of negotiations the parties fail to reach an agreement, without resulting in an unfair labor practice or imposition of any status quo ante remedy against the Service. Allows either party to pursue the impasse to the Federal Service Impasses Panel for ultimate resolution.
United States · United States Congress · 7 May 1998
Medicare Insulin Pump Coverage Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to cover insulin infusion pumps as items of durable medical equipment.
United States · United States Congress · 7 May 1998
Declares the commitment of the House of Representatives to create a drug-free America. Urges House Members to work personally to mobilize kids, parents, faith-based and community organizations, educators, local officials, law enforcement officers, coaches, and athletes to wage a winning war on drugs. Pledges to pass legislation that provides the weapons and tools necessary to protect children and communities from the dangers of drug addiction and violence. Declares that the United States will fight this war on three major battlefronts: deterring demand; stopping supply; and increasing accountability.
United States · United States Congress · 6 May 1998
Drug Free Teenage Drivers Act - Directs the National Highway Traffic Safety Administration to establish a demonstration program in the States to provide voluntary drug testing for all teenager applicants (or other first time applicants) for a driver's license. Requires that: (1) information respecting an applicant's choice not to take a drug test and test results be made available to the applicant's automobile insurance company; and (2) if an applicant tests positive, a State shall not issue a license to the applicant and shall require the applicant to complete a State drug treatment program and to not test positive in a drug test before reapplying for a license. Directs the Secretary of Transportation to establish an incentive grant program to assist the States in improving their laws relating to controlled substances and driving. Requires a State, to receive a grant, to enact, actively enforce, and publicize a law which: (1) makes it illegal to drive in the State with any measurable amount of an illegal controlled substance in the driver's body; and (2) authorizes the suspension of the license of a driver who is convicted of any criminal offense related to drugs. Requires the Secretary to provide technical assistance to the States for: (1) training law enforcement officers in techniques to detect impaired drivers; (2) expanding drug information and training by involving prosecutors in community drug prevention programs; and (3) promoting uniform sanctions for drug offenses, referring drug offenders to assessment and treatment programs, and involving judges in community drug prevention programs.
United States · United States Congress · 5 May 1998
Library of Congress Bicentennial Commemorative Coin Act of 1998 - Directs the Secretary of the Treasury to mint and issue five-dollar gold coins and one-dollar silver coins emblematic of the Library of Congress. Authorizes the Secretary to mint and issue $10 bimetallic coins of gold and platinum in lieu of the gold coins. Requires payment of coin sale surcharges to the Library of Congress Trust Fund Board to support Library activities.
United States · United States Congress · 5 May 1998
Liberty Dollar Bill Act - Amends Federal law to mandate that the design of the reverse side of $1 Federal reserve notes incorporate: (1) the preamble to the Constitution; (2) a list describing the Articles of the Constitution; and (3) a list describing the Articles of Amendment. Prescribes the design format. States that such requirements do not limit the authority of the Secretary of the Treasury to: (1) include other inscriptions or material on the reverse side of $1 dollar bills; or (2) adopt other design features to deter counterfeiting of currency.
United States · United States Congress · 30 April 1998
Declares that the Congress is unequivocally opposed to legalizing marijuana for medicinal use. Urges the defeat of State initiatives seeking to legalize medicinal marijuana use. Directs the Attorney General to report to the House and Senate Judiciary Committees, regarding specified years, on: (1) the total quantity of marijuana eradicated in the United States; and (2) the annual number of arrests and prosecutions for Federal marijuana offenses.
United States · United States Congress · 29 April 1998
Money Laundering Act of 1998 - Amends the Federal criminal code to provide for civil forfeiture for engaging in monetary transactions in property derived from specified unlawful activity and for conducting or certain other involvement in an illegal money transmitting business. Specifies that, regarding the prohibition of an illegal money transmitting business, it shall be sufficient for the Government to prove that the defendant knew that the business lacked a license required by State law, but it shall not be necessary to show that the defendant knew that the operation of such business without a license was an offense punishable under State law. (Sec. 4) Authorizes the Attorney General, if any person is arrested or charged in a foreign country in connection with an offense that would give rise to the forfeiture of property in the United States under the criminal code or under the Controlled Substances Act (CSA), to apply to any Federal judge or magistrate judge in the district where the property is located for an ex parte order restraining the property subject to forfeiture for not more than 30 days, with extensions for good cause. (Sec. 5) Directs that a claimant's refusal to provide records in response to a discovery request or to take action necessary to make the records available in a civil forfeiture case, or in certain ancillary proceedings in a criminal forfeiture case under the CSA, shall result in the dismissal of the claim with prejudice where: (1) financial records located in a foreign country may be material to any claim or the ability of the Government to respond to such claim or, in a civil forfeiture case, to the Government's ability to establish the forfeitability of the property; and (2) it is within the claimant's capacity to waive the claimant's rights under such secrecy laws or to obtain the records directly so that the records can be made available. (Sec. 6) Subjects whoever conducts or attempts to conduct a monetary transaction in property derived from specified unlawful activity to certain civil penalties applicable to the laundering of monetary instruments. Grants the district courts jurisdiction over any foreign person, including any financial institution authorized under the laws of a foreign country, that commits an offense under civil money laundering provisions involving a financial transaction that occurs in the United States, subject to specified requirements. Authorizes the court to issue a pretrial restraining order or take any other action necessary to ensure that any bank account or other property held by the defendant in the United States is available to satisfy a judgment under such provisions. (Sec. 7) Includes a foreign bank within the definition of "financial institution." (Sec. 8) Expands the definition of "specified unlawful activity" to cover specified offenses, including, with respect to a financial transaction occurring in the United States, an offense against a foreign nation involving: (1) a crime of violence; (2) fraud committed against a foreign government; (3) bribery of a public official; (4) smuggling or export control violations involving munitions listed in the United States Munitions List or technologies with military applications; and (5) an offense under which the United States would be obligated by a multilateral treaty either to extradite the alleged offender or to submit the case for prosecution if the offender were found within U.S. territory. Includes within such activity an offense relating to goods falsely classified, firearms trafficking, computer fraud and abuse, any felony violation of the Foreign Agents Registration Act of 1938, certain Lacey Act violations, and Clean Air Act violations. Exempts official conduct by a representative of, or an action which is authorized by and conducted on behalf of, the U.S. Government. (Sec. 9) Amends the criminal code to: (1) provide for criminal forfeiture for money laundering conspiracies; and (2) authorize a party to request the Clerk of the Court in the district in which a proceeding for civil or criminal forfeiture is pending to issue a subpoena to a financial institution to produce documents. (Sec. 11) Amends the Federal judicial code to provide for the admissibility of foreign business records. (Sec. 12) Amends the criminal code to permit: (1) a person who commits multiple violations of money laundering provisions that are part of the same scheme or continuing course of conduct to be charged in a single count; (2) a prosecution for a money laundering offense to be brought in any district in which the financial or monetary transaction is conducted, or where a prosecution for the underlying specified unlawful activity could be brought, with an exception; and (3) the interception of wire, oral, or electronic communications where there is a violation of provisions dealing with the reporting and illegal structuring of currency transactions. (Sec. 15) Revises the definition of "knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity" for purposes of monetary instrument laundering prohibitions to specify that such knowledge shall not require knowing whether or not the unlawful activity constituted a felony. (Sec. 16) Requires that a person asserting an innocent owner defense: (1) in currency, monetary instruments, or funds (funds) purchased from a money broker be a bona fide purchaser for value without reason to know that the funds were subject to forfeiture; and (2) establish that such person took all reasonable affirmative steps to determine the source of the funds, or to verify that the funds were not derived from illegal activity. (Sec. 17) Amends the CSA to authorize the Attorney General to transfer forfeited property or proceeds to a foreign country which participated in the seizure or forfeiture but which has not been certified under the Foreign Assistance Act of 1961 (as having fully cooperated with the United States or taken steps on its own in combating drug trafficking) where the Secretary of State finds that transfer to be in the national interest. (Sec. 18) Directs the United States Sentencing Commission to amend or promulgate sentencing guidelines to provide that the sentence for a money laundering offense for which the transaction in criminally derived property consists of a deposit of that property in a financial institution without any intent to disguise or conceal the nature, location, source, ownership, or control of such proceeds, shall not exceed the sentence for the offense giving rise to such property by more than one offense level. (Sec. 19) Amends the code to define "State," as used in the International Banking Act of 1978, to include a U.S. commonwealth, territory, or possession.
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 · 22 April 1998
Amends the Public Health Service Act to prohibit Federal funds from being expended to carry out any program of distributing sterile needles or syringes for the hypodermic injection of illegal drugs.
United States · United States Congress · 1 April 1998
Selective Agricultural Embargoes Act of 1998 - Amends the Agricultural Trade Act of 1978 to direct the President, if he or she takes action to embargo the export under an export sales contract of an agricultural commodity to a country that is not part of an embargo on all exports to the country, to report to the Congress, not later than five days after imposing the embargo, on the reasons for such embargo and its proposed duration. Sets forth congressional procedures for termination of the embargo. Directs exporters of certain agricultural commodities (including plant nutrient materials) to report on a weekly basis to the Secretary of Agriculture certain information regarding their export under an export sales contract.
United States · United States Congress · 1 April 1998
Child Custody Protection Act - Amends the Federal criminal code to prohibit and set penalties for transporting an individual under age 18 across a State line to obtain an abortion if the requirements of a law in the State where the individual resides, requiring parental involvement in a minor's abortion decision, are not met before obtaining the abortion. Makes an exception if the abortion was necessary to save the life of the minor. Authorizes any parent or guardian who suffers legal harm from a violation to obtain appropriate relief in a civil action.
United States · United States Congress · 1 April 1998
Amends the Federal criminal code to provide for the death penalty for smuggling a schedule I or schedule II controlled substance into the United States.