United States · United States Congress · 1 April 1998
Calls for the United States to: (1) support an internationally supervised referendum to determine the political status of East Timor; (2) recognize the need for direct Timorese participation in United Nations (UN)-sponsored tripartite talks; and (3) work actively to realize the directives of existing UN resolutions on East Timor.
United States · United States Congress · 31 March 1998
National Oilheat Research Alliance Act of 1998 - Authorizes the oilheat industry to conduct a referendum through a qualified industry organization among retailers and wholesalers for the creation of a National Oilheat Research Alliance to develop programs concerning oilheat research and development, safety issues, consumer education, and training. Defines industry to include those persons involved in the production, transportation, and sale of oilheat, and in the manufacture and distribution of oilheat utilization equipment, in the United States (but not the ultimate consumers of oilheat). Permits State participation in such Alliance. Prescribes guidelines for Alliance membership and representation. Requires the Alliance to: (1) establish a program coordinating its operation with that of any similar State, local, or regional program; and (2) levy and collect annual assessments on the wholesale sale of No. 1 distillate and No. 2 dyed distillate sufficient to cover Alliance plans and program costs. Empowers the Alliance to bring suit in Federal court to compel compliance with any assessments it levies.
United States · United States Congress · 31 March 1998
TABLE OF CONTENTS: Title I: Health Insurance Bill of Rights Subtitle A: Access to Care Subtitle B: Quality Assurance Subtitle C: Patient Information Subtitle D: Grievance and Appeals Procedures Subtitle E: Protecting the Doctor-Patient Relationship Subtitle F: Promoting Good Medical Practice Subtitle G: Definitions Title II: Application of Patient Protection Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act Title III: Amendments to the Employee Retirement Income Security Act of 1974 Title IV: Application to Group Health Plans Under the Internal Revenue Code of 1986 Title V: Effective Dates; Coordination in Implementation Patients' Bill of Rights Act of 1998 - Title I: Health Insurance Bill of Rights - Subtitle A: Access to Care - Requires any group health plan, or health insurance coverage offered by a health insurance issuer, providing emergency services benefits to cover emergency services furnished: (1) without the need for any prior authorization determination; (2) whether or not the health care provider furnishing such services is a participating health care provider; and (3) without regard to any other term or condition of such coverage (other than exclusion or coordination of benefits, or an affiliation or waiting period, permitted under the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), or the Internal Revenue Code, and other than applicable cost-sharing). Requires such coverage in a manner so that, if the emergency services are provided by a nonparticipating health care provider: (1) the participant, beneficiary, or enrollee is not liable for amounts exceeding the liability that would be incurred if the services were provided by a participating provider; and (2) the plan or issuer pays an amount that is not less than the amount paid to a participating provider for the same services. Prescribes the same coverage for maintenance care or post-stabilization care (subject to certain guidelines) by nonparticipating health care providers. (Sec. 102) Requires a plan or coverage that provides benefits only through participating providers to offer a participant the option to purchase point-of-service coverage for benefits provided by a nonparticipating provider, unless the plan offers the participant: (1) a choice of health insurance coverage through more than one health insurance issuer; or (2) two or more coverage options that differ significantly with respect to the use of participating providers or the networks of such providers that are used. (Sec. 103) Requires any plan and any health insurance issuer to permit each participant, beneficiary, and enrollee to receive: (1) primary care from any participating primary care provider available to accept such individual; and (2) (unless the plan or issuer clearly declares choice limitations) medically necessary or appropriate specialty care, pursuant to appropriate referral procedures, from any qualified participating provider available to accept such individual for such care. (Sec. 104) Requires any plan or issuer that requires or provides for designation of a participating primary care provider to permit a female participant, beneficiary, or enrollee to designate a participating physician who specializes in obstetrics and gynecology as the individual's primary care provider. Prohibits the plan or issuer, in the absence of such a designation, from requiring authorization or a referral by the individual's primary care provider or otherwise for coverage of routine gynecological care (such as preventive women's health examinations) and pregnancy-related services provided by a participating specialist in obstetrics and gynecology to the extent such care is otherwise covered. Permits a plan or issuer to treat the ordering of other gynecological care by such a participating physician as the primary care provider's authorization of such care. Requires the plan or issuer to refer to an available and accessible specialist any participant, beneficiary, or enrollee with a condition or disease of sufficient seriousness and complexity to require treatment by a specialist, and benefits for such treatment are covered. Requires a plan or issuer to refer an individual to a nonparticipating specialist: (1) only if a participating specialist is not available and accessible; and (2) only at no additional cost to the individual. Requires a plan or issuer to have a procedure by which an individual with an ongoing special condition (life-threatening, degenerative, or disabling) may be referred to a specialist who shall be responsible for and capable of providing and coordinating the individual's primary and specialty care, without referral from the individual's primary care provider. Requires standing referrals to a specialist for any condition requiring ongoing specialist care. (Sec. 105) Prescribes requirements for continuity of care for participants, beneficiaries, or enrollees in the event of a termination of a health care provider or of the contract between a plan and an issuer. (Sec. 106) Prescribes requirements for participation in approved clinical trials of individuals with life-threatening or serious illnesses for which no standard treatment is effective. Prohibits denial of participation in such trials, or discrimination against participants. Limits plan or issuer payments to routine patient costs. (Sec. 107) Requires any plan or issuer that provides prescription drug benefits limited to drugs included in a formulary to: (1) ensure participation of participating physicians and pharmacists in the development of the formulary; (2) disclose to providers, and upon request to participants, beneficiaries, and enrollees, the nature of the formulary restrictions; and (3) consistent with the standards for a utilization review program, provide for exceptions from the formulary limitation when a non-formulary alternative is medically indicated. Prohibits a plan or issuer from denying coverage of such a drug or device on the basis that the use is investigational, if certain labeling requirements are met. (Sec. 108) Requires each plan and issuer to have (in relation to the coverage) a sufficient number, distribution, and variety of qualified participating providers to ensure that all covered health care services, including specialty services, will be available and accessible in a timely manner to all participants, beneficiaries, and enrollees. Permits inclusion among such providers of federally qualified health centers, rural health clinics, migrant health centers, and other essential community providers located in the service area. Requires inclusion of such providers if necessary to meet such number, distribution, and variety requirements. (Sec. 109) Prescribes nondiscrimination requirements. Subtitle B: Quality Assurance - Directs each plan and issuer to establish an ongoing, internal quality assurance and continuous quality improvement program meeting specified requirements. (Sec. 112) Requires each plan and issuer to: (1) collect uniform quality data, including a minimum uniform data set specified by the Secretary of Health and Human Services; (2) have a written process for the selection of participating health care professionals, including minimum professional requirements; and (3) establish and maintain, as part of any internal quality assurance and continuous quality improvement program including prescription drug benefits, a drug utilization program which encourages appropriate drug use and takes appropriate action to reduce the incidence of improper drug use and adverse drug reactions and interactions. (Sec. 115) Requires each plan and issuer to conduct (or arrange for qualified outside agents to conduct) benefit utilization review activities only in accordance with a utilization review program that meets certain requirements. Prohibits a program from permitting or providing contingent compensation arrangements with its employees, agents, or contractors in a manner that: (1) provides incentives, direct or indirect, for such persons to make inappropriate review decisions; or (2) is based, directly or indirectly, on the quantity or type of adverse determinations rendered. Requires a utilization review program to make determinations and notifications concerning: (1) prior authorization services within three business days after receiving any necessary information; (2) authorization for continued or extended health care services within one business day after receipt of such information; and (3) retrospective review of services previously provided, within 30 days of such receipt. (Sec. 116) Directs the President to establish an advisory board to provide information to Congress and the administration on issues relating to quality monitoring and improvement in the health care provided under group health plans and health insurance coverage. Subtitle C: Patient Information - Specifies benefits, access, emergency coverage, prior authorization, grievance and appeals, and other pertinent information which plans and issuers shall provide to participants and beneficiaries at the time of initial coverage, annually, within a reasonable period before or after the date of significant changes, and upon request. (Sec. 122) Requires plans and issuers to establish procedures to: (1) safeguard the privacy of any individually identifiable enrollee information; (2) maintain records and information in an accurate and timely manner; and (3) assure individuals timely access to such records and information. (Sec. 123) Provides for grants to States for creation and operation of a Health Insurance Ombudsman. Requires any State receiving such a grant to contract for such an Ombudsman with a not-for-profit organization that operates independent of group health plans and health insurance issuers. Requires the Secretary to provide through such a contract for an Ombudsman in any State that does not provide for one. Makes such an Ombudsman responsible to: (1) assist consumers in choosing among health insurance coverage or among coverage options offered within group health plans; and (2) provide counseling and assistance to enrollees dissatisfied with their treatment by issuers and plans, and with respect to grievances and appeals of coverage or plan determinations. Subtitle D: Grievances and Appeals Procedures - Requires each plan and issuer to establish a system for the presentation and resolution of oral and written grievances brought by participants, beneficiaries, or enrollees, or health care providers or other individuals acting on behalf of an individual and with the individual's consent. Requires the system to include grievances regarding access to and availability of services, quality of care, choice and accessibility of providers, network adequacy, and compliance with the requirements of this title. (Sec. 132) Requires each plan and issuer to establish an internal appeals process, and provide for an external appeals process, which meet certain requirements. Specifies the appeal rights of participants, beneficiaries, and their representatives, as well as the kinds of decisions which are appealable. Subtitle E: Protecting the Doctor-Patient Relationship - Prohibits any contract or agreement between a plan or issuer and a health care provider from: (1) prohibiting or restricting the provider from engaging in medical communications with the provider's patient; or (2) containing any provision purporting to transfer to the health care provider by indemnification or otherwise any liability relating to activities, actions, or omissions of the plan, issuer, or agent (as opposed to the provider). Declares null and void any such contract or agreement provisions. (Sec. 142) Prohibits any plan or issuer from operating any physician incentive plan that does not meet certain requirements under title XVIII (Medicare) of the Social Security Act. (Sec. 143) Requires any plan or issuer to establish reasonable procedures relating to the participation of health care professionals, including notice of participation rules, written notice of adverse participation decisions, and a process for appealing adverse decisions. (Sec. 144) Prohibits a plan or an issuer from retaliating against a participant, beneficiary, enrollee, or health care provider based on use of, or participation in, a utilization review or a grievance process. Prohibits a plan or an issuer from retaliating or discriminating against a protected health care professional because the professional in good faith: (1) discloses information relating to the care, services, or conditions affecting one or more participants, beneficiaries, or enrollees to an appropriate public regulatory agency, private accreditation body, or management personnel of the plan or issuer; or (2) initiates, cooperates, or otherwise participates in an investigation or proceeding by such an agency with respect to such care, services, or conditions. Defines good faith action. Subtitle F: Promoting Good Medical Practice - Prohibits a plan or issuer from arbitrarily interfering with or altering the decision of the treating physician regarding the manner or setting in which particular covered services are delivered if they are medically necessary or appropriate for treatment or diagnosis. Allows a plan or issuer to limit the delivery of services to one or more providers within a network. (Sec. 152) Prescribes standards for benefits for certain breast cancer treatments. Prohibits a plan or issuer from restricting benefits for any hospital length of stay: (1) in connection with a mastectomy to less than 48 hours; or (2) in connection with a lymph node dissection for the treatment of breast cancer to less than 24 hours. Prohibits a plan or issuer from requiring a provider to obtain its authorization for prescribing any such length of stay. Permits a discharge before expiration of the minimum length of stay otherwise required, if the decision is made by the attending provider in consultation with the woman involved, or in a case involving a partial mastectomy without lymph node dissection. Prohibits a plan or issuer from: (1) denying to a woman eligibility to enroll or renew coverage solely for the purpose of avoiding the requirements of this title; (2) providing monetary payments or rebates to encourage women to accept less than the minimum protections available under this title; (3) penalizing or otherwise reducing or limiting reimbursement because an attending provider gave care to a participant or beneficiary in accordance with this title; (4) providing incentives (monetary or otherwise) to induce an attending provider to provide care to a participant or beneficiary in a manner inconsistent with this title; or (5) restricting benefits (other than imposing deductibles, coinsurance, or other cost-sharing) for any portion of a period within a required hospital length of stay in a manner less favorable than the benefits provided for any preceding portion of such stay. (Sec. 153) Requires a plan or issuer to provide coverage for reconstructive breast surgery resulting from a mastectomy, including coverage: (1) for all stages of reconstructive breast surgery performed on a nondiseased breast to establish symmetry with the diseased when reconstruction on the diseased breast is performed; and (2) of prostheses and complications of mastectomy, including lymphedema. Prohibits denial of coverage on the basis that it is for cosmetic surgery. Subtitle G: Definitions - Sets forth definitions. Title II: Application of Patient Protection Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act - Amends the Public Health Service Act to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 202) Requires each health insurance issuer to comply with such requirements with respect to individual health insurance coverage. Title III: Amendments to the Employee Retirement Income Security Act of 1974 - Amends ERISA to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 302) Provides that nothing in ERISA shall be construed to invalidate, impair, or supersede any cause of action under State law to recover damages resulting from personal injury or wrongful death against any person (except employers and other plan sponsors): (1) in connection with the provision of insurance, administrative services, or medical services by that person to or for a group health plan; or (2) that arises out of the arrangement by that person for the provision of insurance, administrative services, or medical services by other persons. Allows such an action against an employer or other plan sponsor only if it is based on the employer's or sponsor's exercise of discretionary authority to decide a claim for covered benefits, and such exercise resulted in personal injury or wrongful death. Title IV: Application to Group Health Plans Under the Internal Revenue Code of 1986 - Amends the Internal Revenue Code to require a group health plan to comply with this Act. Deems this Act to be incorporated into the Internal Revenue Code. Title V: Effective Dates; Coordination in Implementation - Sets forth effective dates for provisions of this Act. (Sec. 502) Amends the Health Insurance Portability and Accountability Act of 1996 to provide for coordination in the implementation of this Act.
United States · United States Congress · 27 March 1998
Persian Gulf Veterans Health Care Extension Act of 1998 - Extends through December 31, 2001, the authority of the Secretary of Veterans Affairs to provide priority health care to Persian Gulf War veterans.
United States · United States Congress · 26 March 1998
Medicare Home Health Equity Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to provide for: (1) restoration of the per visit cost limit to 112 percent of the mean of costs with regard to payments to home health agencies under Medicare; and (2) revision of the interim payment system for home health services.
United States · United States Congress · 26 March 1998
TABLE OF CONTENTS: Title I: Amendments to National and Community Service Act of 1990 Subtitle A: Amendments to Subtitle A (General Provisions) Subtitle B: Amendments to Subtitle B (School-Based and Community-Based Service-Learning Programs) Subtitle C: Amendments to Subtitle C (National Service Trust Program) Subtitle D: Amendments to Subtitle D (National Service Trust and Provision of National Service Educational Awards) Subtitle E: Amendments to Subtitle E (National Civilian Community Corps) Subtitle F: Amendments to Subtitle F (Administrative Provisions) Subtitle G: Amendments to Subtitle G (Corporation for National and Community Service) Subtitle H: Amendment to Title III (Points of Light Foundation) Subtitle I: Amendments to Title V (Authorization of Appropriations) Title II: Amendments to the Domestic Volunteer Service Act of 1973 Subtitle A: Amendments to Title I (National Volunteer Antipoverty Programs) Subtitle B: Amendments to Title II (National Senior Volunteer Corps) Subtitle C: Amendments to Title IV (Administration and Coordination) Subtitle D: Amendments to Title V (Authorization of Appropriations) Title III: Technical Amendments Subtitle A: Technical Amendments to the National and Community Service Act of 1990 Subtitle B: Technical Amendments to the Domestic Volunteer Service Act of 1973 Title IV: Amendments to Other Laws National and Community Service Amendments Act of 1998 - Title I: Amendments to National and Community Service Act of 1990 - Subtitle A: Amendments to Subtitle A (General Provisions) - Amends the National and Community Service Act of 1990 (NCSA) to include among its purposes the expansion and strengthening of service-learning programs to improve the education of children and youth and maximize the benefits of national and community service. Subtitle B: Amendments to Subtitle B (School-Based and Community-Based Service-Learning Programs) - Revises NCSA with respect to school-based and community-based service-learning programs of the Corporation for National and Community Service (the Corporation). (Sec. 121) Authorizes the use of school-based grant funds for the provision of training and technical assistance to service-learning programs. Allows a State to apply for school-based service assistance either through a State educational agency (SEA) or through a State Commission. Requires any State receiving such assistance to ensure that the SEA and the State Commission coordinate their respective activities. (Sec. 122) Repeals the Corporation's authority to assist local applicants in nonparticipating States and public or nonprofit organizations with grants for school-based service-learning programs. Repeals authority for local (as distinguished from State or tribal) applications for such grants. (Sec. 123) Revises the formula for school-based grant allotments to States. (Sec. 124) Repeals the limitation to States or Indian tribes of applications to the Corporation for school-based service-learning grants. Requires applications to give assurances that the applicant selected programs on a competitive basis. (Sec. 125) Increases from 15 percent to 25 percent the percentage of assistance which the original recipient of the grant or allotment may use for certain capacity-building activities. Authorizes the Corporation Chief Executive Officer (CEO) to place restrictions on the types and amounts of such activities. (Sec. 126) Allows a State to apply for community-based service program assistance either through an SEA or through a State Commission. Requires any State receiving such assistance to ensure that the SEA and the State Commission coordinate their respective activities. (Sec. 127) Repeals the limitation to public or private nonprofit organizations of eligibility (thus making for-profit organizations also eligible) to receive assistance for service-learning clearinghouse activities, as long as they have extensive experience with service-learning, including the use of adult volunteers to foster service-learning. (Sec. 128) Provides for reservation of funds for school-based grant payments to Indian tribes and territories. (Sec. 129) Authorizes the Corporation to make grants to, or enter into contracts or cooperative agreements with, eligible entities to support multi-State, demonstration, or other activities to improve or expand effective service-learning programs. (Sec. 130) Revises higher education programs for community service to include service-learning components. Provides for assistance in the form of contracts or cooperative agreements, as well as grants, for such programs. Makes eligible to apply for such assistance higher education institutions, including ones applying as part of a consortium with public or private nonprofit organizations, and State Commissions on National and Community Service or State agencies for higher education as part of a consortium with higher education institutions. Extends the Federal share of 50 percent of project cost to service-learning projects (and maintains that share for community service projects). Subtitle C: Amendments to Subtitle C (National Service Trust Program) - Prohibits the Corporation from making grants to Federal agencies (as opposed to contracts or cooperative agreements) to support national service programs. (Sec. 141) Specifies fiscal year limits on the Corporation's share of the cost of positions approved under the national service laws, as measured by the average budgeted cost per individual enrolled in an approved national service position, including administrative and support costs attributable to such individuals. (Sec. 143) Increases the minimum amount, and revises the maximum limit on the Federal share, for grants to assist State Commissions on National and Community Service. Repeals authority for national service program challenge grants. (Sec. 144) Authorizes the Corporation to make certain National Service Trust Program grant allotments to applicant States, the District Columbia, and the Commonwealth of Puerto Rico. Repeals the mandate to reserve certain funds for approved national service educational awards. Revises formulas for competitive distribution of remaining grant funds to States and other applicants, including local governments, Indian tribes, public or private nonprofit organizations (including labor unions), and higher education institutions. Revises requirements for grants for national service by individuals with disabilities. Requires grant recipient entities to use such funds to increase the participation of such individuals in activities carried out under the national service laws. (Current law requires use of funds to place a substantial number of such individuals as participants in National Service Trust Program projects.) Authorizes the Corporation to reserve a limited amount of funds to provide operational assistance to programs that receive approved national service positions but do not receive specified National Service Trust Program funds. Limits such operational support to not more than $1,000 per individual enrolled in an approved national service position. Authorizes the Corporation CEO to waive, or specify alternatives to, certain requirements for approved national service positions if this will further the purposes of the national service laws. Prohibits waiver of, or alternatives to, certain requirements relating to labor union consultation and concurrence. (Sec. 145) Adds consideration of the extent to which the program generates volunteer involvement, if applicable, to criteria for evaluating applications for assistance and approved national service positions. (Sec. 146) Revises requirements for selection of national service participants to provide that individuals who receive special leadership training from the Corporation prior to and upon assignment by the Corporation to national service programs shall not, by reason of their status as such leaders, be considered Federal employees, except for purposes of specified laws relating to compensation for work-related injuries and torts claims procedure. (Sec. 147) Revises terms of national service and eligibility conditions for receiving a national service educational award in cases of release for compelling personal circumstances. Authorizes the organization responsible for granting the release to: (1) determine if such circumstances are compelling, if the participant has performed satisfactorily and has completed at least 15 percent of the original term of service; and (2) certify the participant's eligibility for a portion of such award. (Sec. 148) Revises limitations on national service living allowances. Requires reduction of such an allowance by the amount of the individual's concurrent Federal Work-Study award. (Sec. 149) Authorizes the Corporation to waive, or specify alternatives to, certain requirements for matching funds and use of assistance. Prohibits waiver of, or alternatives to, certain requirements relating to labor union consultation and concurrence. Subtitle D: Amendments to Subtitle D (National Service Trust and Provision of National Service Educational Awards) - Makes National Service Trust funds available for: (1) national service scholarships and (2) administrative expenses to ensure effective Trust management. (Sec. 152) Requires the supervisory organization to certify that an individual is eligible to receive a national service educational award from the Trust. Revises eligibility requirements for those released for compelling personal circumstances to include satisfactory performance and completion of at least 15 percent of the required term of service. Provides that an individual may receive no more than the aggregate value of two full-time national service educational awards. (Sec. 153) Makes national service educational award amounts available to pay an individual's expenses incurred in enrolling at any educational institution or training establishment that meets requirements for veterans educational benefits. Expands the definition of qualified student loans for which such payments may be made to include certain loans made directly by the lender to the student. Transfers to the Corporation CEO the authority to approve whether a national service program may offer participants an alternative post-service benefit funded entirely from non-Federal resources. (Sec. 154) Establishes the national service scholarship program. Authorizes the Corporation to use amounts in the Trust to: (1) support the scholarship program to recognize high school juniors and seniors engaged in outstanding community service; and (2) supplement locally-funded scholarships to help cover an individual's postsecondary education or job training costs. Limits the Corporation's share of an individual's scholarship under such program to not more than $500. Subtitle E: Amendments to Subtitle E (National Civilian Community Corps) - Makes it an additional purpose of establishing the National Civilian Community Corps to provide a basis for determining whether residential service programs can meet national and community needs related to natural and other disasters in coordination with the Federal Emergency Management Agency and other public and private organizations. (Sec. 162) Requires the national service program component of the Corps to be residential. (Sec. 163) Increases the minimum age for Corps participation from 16 to 18 by the end of the calendar year in which the individual enrolls. Repeals the eligibility of persons between 18 and 24 who have not received a high school diploma or its equivalent. Allows, as an alternative to holding a high school diploma or equivalent, not having dropped out of elementary or secondary school to participate, and agreeing to obtain a high school diploma or equivalent. (Sec. 164) Authorizes the Corps Director to select individuals with prior supervisory or service experience to be Team Leaders in the Corps to perform service that includes leading and supervising teams of Corps Members. Requires such Team Leaders to be: (1) selected without regard to age limitation; (2) Corps members; and (3) given rights and benefits applicable to Corps Members, without the limitation on the amount of living allowance. (Sec. 165) Includes State Commissions among those to be consulted in developing Corps project proposals. Requires the Corps Director, in project selection, to place appropriate emphasis on projects addressing the environment and in support of disaster relief efforts. (Sec. 166) Eliminates the option of Corps members upon completion of a service period to elect a post-service benefit alternative (of cash or other suitable benefit) instead of a national service educational award (thus requiring them to receive the educational award). (Sec. 167) Transfers to the Corporation CEO specified duties of the Corps Director with respect to a permanent cadre of Corps supervisors and training instructors. Requires the CEO to include the Director in such cadre and consider the Director's recommendations in appointing the other cadre members. (Sec. 168) Requires the Corps Advisory Board to advise the Corporation CEO as well as the Corps Director. Includes nonprofit organizations and the Director of the Federal Emergency Management Agency among Advisory Board members. Subtitle F: Amendments to Subtitle F (Administrative Provisions) - Revises NCSA with respect to: (1) notice, hearing, and grievance procedures; (2) resolution of displacement complaints; and (3) agreements with States. Subtitle G: Amendments to Subtitle G (Corporation for National and Community Service) - Revises NCSA with respect to: (1) Corporation for National and Community Service terms of office; (2) peer reviewers; and (3) officers. Subtitle H: Amendment to Title III (Points of Light Foundation) - Revises NCSA to allow the Corporation CEO to serve as an ex officio, nonvoting member of the Points of Light Foundation's Board of Directors. Subtitle I: Amendments to Title V (Authorization of Appropriations) - Revises and extends through FY 2002 the authorization of appropriations for NCSA programs. Title II: Amendments to the Domestic Volunteer Service Act of 1973 - Subtitle A: Amendments to Title I (National Volunteer Antipoverty Programs) - Amends the Domestic Volunteer Service Act of 1973 (DVSA) to revise provisions for National Volunteer Antipoverty Programs with respect to the Volunteers in Service to America (VISTA) program's: (1) support of efforts by local agencies and organizations to achieve long-term sustainability of VISTA activities in the absence of Federal assistance; (2) operation by the Director of the ACTION agency; (3) funds for related public awareness and recruitment activities under the national service laws; (4) assistance in post-service transition; (5) cost-sharing; (6) limitation on number of terms of service; (7) grievance procedure; (8) competition requirement for grants and contracts; and (9) consideration, in merit selection of projects, on existing projects' needs as well as potential new projects. (Sec. 219) Repeals authority for the VISTA Literacy Corps. (Sec. 220) Repeals the prohibition against denying assistance to a project or program solely on the basis of the assistance already received. Requires the Corps Director to grant assistance to a project or program only on the basis of merit (as under existing law) and the achievement of sustainability. (Sec. 221) Repeals authority for special volunteer programs. Subtitle B: Amendments to Title II (National Senior Volunteer Corps) - Revises DVSA provisions for national older American volunteer programs. Renames them collectively the National Senior Volunteer Corps (Senior Corps), composed of the Retired and Senior Volunteer Program (RSVP), the Foster Grandparent Program (FGP), the Senior Companion Program (SCP), and demonstration and other programs of community service opportunities for people 55 years of age or older. (Sec. 233) Allows cost-defraying incentives to Retired and Senior Volunteer Program (RSVP) project volunteers who make a substantial commitment of time and coordinate activities, including training, and otherwise support other volunteers. Eliminates the requirement for State agency prior review of RSVP grants and contracts. (Sec. 234) Makes eligible for Foster Grandparent Program (FGP) enrollment low-income individuals 55 or older, giving priority to those 60 or older (current law requires such volunteers to be 60 or older). (Sec. 235) Revises requirements for an agreement on FGP person-to-person services. Authorizes the agency responsible for providing such services to determine whether it is in the best interests of a child receiving, and of a particular foster grandparent providing, such services to continue such relationship after the child reaches the age of 21. Requires any foster grandparent replacement to be determined through the mutual agreement of all parties involved in the provision of services to the child. (Sec. 236) Raises the low-income ceiling for FGP eligibility from 125 percent to 150 percent of the poverty line amount. (Sec. 237) Allows individuals who are not low-income persons to serve as FGP volunteers, if their appointment does not prevent or displace low-income persons from being volunteers. Limits to ten percent of FGP appropriations the amount that may be used to cover any costs relating to FGP volunteers who are not low-income persons. (Sec. 238) Authorizes the ACTION Director to: (1) support Foster Grandparent Leaders who, by virtue of past volunteer experience, special skills, and demonstrated leadership abilities, may coordinate activities, including training; and (2) otherwise support the service of FGP volunteers. (Sec. 239) Makes eligible for Senior Companion Program (SCP) enrollment low-income individuals 55 or older, giving priority to those 60 or older (current law requires such volunteers to be 60 or older). (Sec. 240) Authorizes the ACTION Director to: (1) support Senior Companion Leaders who, by virtue of past volunteer experience, special skills, and demonstrated leadership abilities, may coordinate activities, including training; and (2) otherwise support the service of SCP volunteers. (Sec. 241) Revises provisions for grants for programs of national significance. Subtitle C: Amendments to Title IV (Administration and Coordination) - Deems volunteers in DVSA programs to be Federal employees for purposes of family and medical leave requirements. (Sec. 252) Permits program and project evaluation activities to include subjects relating to the national service laws, if the ACTION Director determines that this will assist the Corporation for National and Community Service in conducting more efficient evaluations and in avoiding duplication of effort and function. Repeals the mandate for evaluation of programs relating to services that assist families caring for frail and disabled adult family members. Subtitle D: Amendments to Title V (Authorization of Appropriations) - Extends through FY 2002 the authorization of appropriations under DVSA for: (1) the VISTA program; (2) National Senior Service Corps programs (RSVP, FGP, SCP, and programs of national significance); and (3) administration and coordination. (Sec. 264) Authorizes FY 1998 through 2002 appropriations for certain DVSA evaluation activities. Title III: Technical Amendments - Subtitle A: Technical Amendments to the National and Community Service Act of 1990 - Makes various technical amendments to NCSA. Subtitle B: Technical Amendments to the Domestic Volunteer Service Act of 1973 - Makes various technical amendments to DVSA. Title IV: Amendments to Other Laws - Makes technical amendments to the Higher Education Act of 1965, the Bilingual Education Act, and a specified Federal law relating to the Public Lands Corps. (Sec. 403) Repeals the eligibility of the Secretaries of Transportation and of Housing and Urban Development for NCSA funds for the Urban Youth Corps.
United States · United States Congress · 26 March 1998
Medicare Social Work Equity Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to exclude clinical social worker services from coverage under the Medicare skilled nursing facility prospective payment system.
United States · United States Congress · 26 March 1998
Urges the President to: (1) launch an initiative to resolve the situation in Cyprus based on parameters and principles set forth in specified resolutions of the House of Representatives, the Senate, and the United Nations Security Council; and (2) continue bimonthly reports to the Congress on the active engagement of the United States in efforts to find a solution to such situation.
United States · United States Congress · 25 March 1998
Central American and Caribbean Refugee Adjustment Act of 1998 - Amends the Nicaraguan Adjustment and Central American Relief Act to make certain nationals of Nicaragua, Cuba, El Salvador, Guatemala, Honduras, and Haiti eligible for permanent resident status adjustment under such Act. (Current law applies to nationals of Nicaragua and Cuba.) Makes conforming amendments to the Immigration and Nationality Act, as amended by the Nicaraguan Adjustment and Central American Relief Act.
United States · United States Congress · 24 March 1998
Expresses the sense of the Congress that substantial amounts of the proceeds received by the United States under any congressionally approved tobacco settlement should be allocated to the Department of Veterans Affairs.
United States · United States Congress · 19 March 1998
Authorizes the President to present, on behalf of the Congress, a gold medal to Gerald and Betty Ford in recognition of their dedicated public service and outstanding humanitarian contributions to the people of the United States. Authorizes appropriations. Authorizes the Secretary of the Treasury to strike and sell duplicate medals in bronze. Declares such medals to be national medals.
United States · United States Congress · 19 March 1998
TABLE OF CONTENTS: Title I: Reduction of Special Interest Influence Title II: Independent and Coordinated Expenditures Title III: Disclosure Title IV: Personal Wealth Option Title V: Miscellaneous Title VI: Severability; Constitutionality; Effective Date; Regulations Bipartisan Campaign Reform Act of 1998 - Title I: Reduction of Special Interest Influence - Amends the Federal Election Campaign Act of 1971 (FECA) with respect to "soft money" to: (1) prohibit a national committee of a political party, including a national congressional campaign committee of political party, and any officers or agents of such party committees, and specified related entities, from soliciting, receiving, or directing to another person a contribution, donation, or transfer of funds, or spend any funds not subject to the limitations, prohibitions, and reporting requirements of FECA; (2) require State, district, or local committees of political parties (including specified related entities) to make expenditures and disbursements for Federal election activities (with exceptions) from funds subject to the limitations, prohibitions, and reporting requirements of FECA; (3) require national, State, district, or local committees and specified related entities to make amounts spent for fundraising costs of Federal election activities from funds subject to the limitations, prohibitions, and reporting requirements of FECA; (4) prohibit national, State, district, or local committees (including national congressional campaign committees and specified related entities) from soliciting funds for, or making or directing donations to, tax-exempt organizations or organizations that have submitted applications for tax-exemption status; and (5) prohibit candidates, incumbents, or their agents from soliciting, receiving, directing, transferring, or spending funds for Federal election activities on behalf of such candidates, incumbents, agents or any other persons (with exceptions), unless the funds are subject to the limitations, prohibitions, and reporting requirements of FECA. (Sec. 102) Prohibits any person from making contributions to a State committee in any year that exceed, in the aggregate, $10,000. Increases the aggregate individual contribution limit from $25,000 to $30,000. (Sec. 103) Requires: (1) national committees, national congressional campaign committees, and subordinate committees of either, to report all receipts and disbursements during the reporting period; (2) State, district, and local committees to report all receipts and disbursements made for specified Federal election activities; and (3) political committees having receipts or disbursements from persons in excess of $200 for any year, to separately itemize their reporting for such persons. Title II: Independent and Coordinated Expenditures - Redefines the term "independent expenditure" to mean an expenditure by a person for: (1) a communication that is express advocacy; and (2) that is not provided in coordination with a candidate or a candidate's agent, or a person who is coordinating with a candidate or a candidate's agent. Defines the term "express advocacy." Redefines the term "expenditure" to include: (1) a payment for a communication that is express advocacy; and (2) a payment made by a person for a communication that refers to a clearly identified candidate, is provided in coordination with the candidate, the candidate's agent, or the candidate's political party, and is for the purpose of influencing a Federal election (regardless of whether the communication is express advocacy). (Sec. 202) Prohibits the Commission, if the Commission determines that there is probable cause to believe that a person has made a knowing and willful violation involving the reporting of an independent expenditure, from entering into a conciliation agreement. Permits the Commission, when it makes such a determination, to institute a civil action for relief. (Sec. 203) Sets forth reporting requirements for certain independent expenditures made by persons (including political committees) aggregating: (1) $1,000 or more; and (2) $10,000 or more. Requires additional reports to be filed each time such independent expenditures are made. Requires such reports to: (1) be filed with the Commission; and (2) and contain the information required for a person who receives any disbursement in excess of $200 in connection with an independent expenditure, including the name of each candidate to whom an expenditure is intended to support or oppose. (Sec. 204) Prohibits a committee of a political party, on or after the date on which the political party nominates a candidate, from making both coordinated expenditures and independent expenditures to the candidate during the election cycle. Requires a committee of a political party, before making a coordinated expenditure to a candidate, to file with the Commission a certification that the committee has not and shall not make any independent expenditure to the candidate during the same election cycle. Prohibits a committee of a political party that submits a certification with respect to a candidate from, during an election cycle, transferring any funds to, assigning authority to make coordinated expenditures to, or receiving a transfer of funds from, a political committee of the party that has made or intends to make an independent expenditure to the candidate. (Sec. 205) Redefines the term "contribution" to include anything of value provided by a person in coordination with a candidate for the purpose of influencing a Federal election in which such candidate seeks nomination or election to Federal office, regardless of whether the value being provided is a communication that is express advocacy. Defines the term "provided in coordination with a candidate." Considers a thing of value provided in coordination with a candidate, as a contribution to the candidate, and in the case of a limitation on expenditures, shall be treated as an expenditure by the candidate. Redefines the term "contribution or expenditure" with respect to contributions or expenditures by national banks, corporations, and labor organizations, to include a contribution or expenditure as defined under this Act. Title III: Disclosure - Replaces provisions permitting the filing of reports electronically with provisions requiring the Commission to: (1) promulgate a regulation for the filing of reports using computers and facsimile machines; (2) make electronically filed reports accessible to the public on the Internet within 24 hours after such reports are received by the Commission; and (3) provide methods (other than requiring a signature on the document being filed) for verifying reports covered by the regulation. (Sec. 302) Prohibits the deposit (except in escrow accounts) or negotiation of contributions from a person making aggregate contributions in excess of $200 during a year by a candidate's authorized committee unless the required contributor information is complete. (Sec. 303) Permits the Commission to conduct random audits and investigations to ensure voluntary compliance with FECA. Extends, from six to twelve months, the period during which campaign audits may be begun. (Sec. 304) Revises reporting requirements for the identification of contributors (other than political committees) to: (1) lower the $200 threshold for the reporting of contributor identification to $50; and (2) require that the identification of persons who make contributions of at least $50 but not more than $200 during a year need include only their names and addresses. (Sec. 305) Revises requirements for the use of candidates' names. (Sec. 306) Prohibits a person soliciting contributions by falsely representing himself or herself to be a candidate or a representative of a candidate, a political committee, or a political party. (Sec. 307) Requires filing of a certain statement with the Commission by persons, other than political committees and religious and apostolic organizations, that make aggregate disbursements in excess of $50,000 during a year for specified Federal election activities: (1) on a monthly basis; or (2) within 24 hours, in the case of disbursements made within 20 days of an election. Exempts from such filing requirements: (1) a candidate or a candidate's authorized committees; and (2) independent expenditures. (Sec. 308) Revises provisions concerning the publication and distribution of any print, broadcast, or general political advertising. Title IV: Personal Wealth Option - Directs the Commission to issue a certification that a House of Representatives candidate is an eligible primary or general election candidate if the candidate files with the Commission a declaration that the candidate and the candidate's authorized committees will not (in the case of a primary candidate) or did not (in the case of a general election candidate) exceed a personal funds expenditure limit of $50,000. Directs the Commission, if the limit is exceeded to: (1) revoke the certification; and (2) require the candidate and the candidate's authorized committees to pay a penalty to the Commission. Prohibits coordinated expenditures if a candidate is not an eligible House candidate. Title V: Miscellaneous - Amends the National Labor Relations Act to make it an unfair labor practice for any labor organization, which receives payments from an employee pursuant to an agreement requiring non-member employees to make payments to such organization in lieu of organization dues or fees, not to establish and implement the requirements of a specified objection procedure. (Sec. 502) Amends FECA to revise provisions concerning the permitted and prohibited uses of contributed amounts by candidates and incumbents for certain purposes. (Sec. 503) Revises Federal law concerning permitted time frames for mailing franked mail to prohibit any mass mailing as franked mail during any year in which there will be an election for a seat held by a Member during the period between January 1 of the election year and the date of the general election, unless the Member will not be a candidate for reelection. (Sec. 504) Amends Federal criminal law to revise the prohibition on fundraising on Federal property. Prohibits an officer or employee of the Federal Government, including the President, Vice-President, and Members of the Congress, from soliciting a donation of money or other thing of value for a political committee or candidate for Federal, State, or local office, from any person while in any room or building occupied in the discharge of official duties by an officer or employee of the United States. Imposes on violators a monetary penalty, imprisonment, or both. Excepts from the prohibition contributions received by the staff of the Executive Office of the President. (Sec. 505) Amends FECA to double the penalties for knowing and willful violations of FECA, the Presidential Election Campaign Fund Act, and the Presidential Primary Matching Payment Account Act. Permits in the inclusion of conciliation agreements for such violations, equitable remedies or penalties, including disgorgement of funds to the Treasury or community service requirements (including requirements to participate in public education programs). Sets forth requirements for the late filing of FECA reports, including requiring the establishment of mandatory monetary penalties. (Sec. 506) Revises the ban on contributions by foreign nationals by making it unlawful for: (1) foreign nationals to make donations in connection with Federal, State, or local elections to political committees or candidates for Federal office, or contributions or donations to committees of political parties; or (2) persons to solicit, accept, or receive such contributions or donations from foreign nationals. (Sec. 507) Prohibits minors from making contributions to candidates or contributions or donations to committees of political parties. (Sec. 508) Permits the Commission to: (1) order expedited proceedings for certain complaints; and (2) refer, at any time, to the Attorney General a possible violation of FECA, the Presidential Election Campaign Fund Act, or the Presidential Primary Matching Payment Account Act. (Sec. 509) Revises the basis for mandatory Commission initiation of enforcement proceedings upon receipt of a complaint alleging a violation of such Acts. Replaces "has reason to believe" a violation has been or is about to be committed with "has reason to investigate whether" such a violation has been or is about to be committed. Title VI: Severability; Constitutionality; Effective Date; Regulations - Sets forth provisions concerning: (1) severability; (2) review of constitutional issues; (3) effective date; and (4) regulations.
United States · United States Congress · 19 March 1998
Fair Minimum Wage Act of 1998 - Amends the Fair Labor Standards Act of 1938 to increase the Federal minimum wage (currently $5.15 per hour) to: (1) $5.65 an hour during the year 1999; and (2) $6.15 an hour during the year 2000.
United States · United States Congress · 19 March 1998
Health Care Claims Guidance Act - Amends Federal law relating to claims against the U. S. Government to prohibit any action under such provisions based on a claim submitted: (1) under a federally funded health care program unless the amount of damages alleged is a material amount; (2) in reliance on erroneous information supplied by a Federal agency or in reliance on written statements of Federal policy which affects such claim provided by a Federal agency; or (3) by a person that is in substantial compliance with a model compliance plan issued by the Secretary of Health and Human Services (in consultation with the Secretary of Defense). Requires that the Government prove an allegation of a false health care claim by clear and convincing evidence. Defines, for the amendments made by this Act, "federally funded health care program" to mean a program that provides health benefits, directly or otherwise, established under Social Security Act titles XVIII (Medicare), XIX (Medicaid), or XXI (Children's Health Insurance) or provisions of Federal law relating to the armed forces.
United States · United States Congress · 19 March 1998
Declares that the Congress recognizes the importance of the life and work of the Reverend Dr. Martin Luther King, Jr., to the civil society and freedoms of the United States. Calls on the people of the United States to study, reflect on, and celebrate Dr. King's life and ideals.
United States · United States Congress · 17 March 1998
TABLE OF CONTENTS: Title I: Access to Medicare Benefits for Individuals 62-to- 65 Years of Age Title II: Access to Medicare Benefits for Displaced Workers 55-to-62 Years of Age Title III: COBRA Protection for Early Retirees Subtitle A: Amendments to the Employee Retirement Income Security Act of 1974 Subtitle B: Amendments to the Public Health Service Act Subtitle C: Amendments to the Internal Revenue Code of 1986 Title IV: Financing Medicare Early Access Act of 1998 - Title I: Access to Medicare Benefits for Individuals 62-to-65 Years of Age - Amends title XVIII (Medicare) of the Social Security Act (SSA) to add a new part D (Purchase of Medicare Benefits by Certain Individuals Age 62-to-65 Years of Age). Makes eligible to enroll in Medicare during a specified period individuals between the ages of 62 and 65 who: (1) are not eligible for coverage under group health plans or Federal health insurance; but (2) would be Medicare-eligible if age 65. Requires prior notification of each individual seeking to enroll of the deferred monthly premium amount for which the individual will be liable upon attaining age 65. (Sec. 101) Directs the Secretary of Health and Human Services to determine rates for: (1) the base monthly premium; (2) the base annual premium for individuals age 62 or older; and (3) the deferred premium for such individuals. Limits the maximum annual premium in a premium area to assure participation in all areas of the country. Directs the Secretary to provide for payment and collection of the base monthly premium. Makes the enrollee liable for the deferred monthly premium payment. Requires collection of both premiums in the same manner as for the payment of monthly premiums under Medicare part B (Supplementary Medical Insurance). Creates in the Treasury the Medicare Early Access Trust Fund (Trust Fund) to hold collected premiums as well as the savings from new fraud and abuse initiatives under the Medicare Fraud and Overpayment Act of 1998 which are transferred to it out of the Medicare trust funds. Directs: (1) the Trust Fund's Board of Trustees to report annually to the Congress on the need for adjustments in the new program in order to maintain its financial solvency; and (2) the Comptroller General to report periodically to the Congress on the adequacy of program financing along with appropriate recommendations to accomplish such end. Requires: (1) individuals enrolled under the new part D program to be treated for Medicare purposes as though they were entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under Medicare part B; and (2) new part D program benefits to be payable under Medicare to such individuals in the same manner as if they were so entitled and enrolled. Provides that the new part D program shall not be treated as Medicare for purposes of the Medicaid program under SSA title XIX, including the provision of Medicare cost-sharing assistance, nor for purposes of COBRA continuation requirements of the Public Health Service Act. Title II: Access to Medicare Benefits for Displaced Workers 55-to-62 Years of Age - Amends SSA title XVIII part D to rename the newly established part D program the Purchase of Medicare Benefits by Certain Individuals Age 55-to-65 Years of Age. Provides for part D coverage for certain displaced workers and spouses between the ages of 55 and 62 under arrangements similar to those in title I. Directs the Secretary to provide for continued enrollment of displaced workers who attain 62 years of age. Title III: COBRA Protection for Early Retirees - Subtitle A: Amendments to the Employee Retirement Income Security Act of 1974 - Amends the Employee Retirement Income Security Act of 1974 to extend specified group health plan insurance continuation coverage under COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985) to qualified retirees and their dependents, in cases of substantial reduction or termination of a retiree group health plan. Sets forth a special rule for certain dependents in case of termination or substantial reduction of retiree health coverage. Permits an increased level of premiums in the case of an individual provided continuation coverage by reason of the qualifying event. Subtitle B: Amendments to the Public Health Service Act - Amends the Public Health Service Act to extend specified group health plan insurance continuation coverage under COBRA to qualified retirees and their dependents, in cases of substantial reduction or termination of a retiree group health plan. Sets forth a special rule for certain dependents in case of termination or substantial reduction of retiree health coverage. Permits an increased level of premiums in the case of an individual provided continuation coverage by reason of the qualifying event. Subtitle C: Amendments to the Internal Revenue Code of 1986 - Amends the Internal Revenue Code to extend specified group health plan insurance continuation coverage under COBRA to qualified retirees and their dependents, in cases of substantial reduction or termination of a retiree group health plan. Sets forth a special rule for certain dependents in case of termination or substantial reduction of retiree health coverage. Permits an increased level of premiums in the case of an individual provided continuation coverage by reason of the qualifying event. Title IV: Financing - Requires any increase in payments under the Medicare program that results from the enactment of this Act to be offset by reductions in Medicare payments pursuant to the anti-fraud and -abuse provisions of the Medicare Fraud and Overpayment Act of 1998.
United States · United States Congress · 17 March 1998
TABLE OF CONTENTS: Title I: Healthy Kids Trust Fund Subtitle A: General Provisions Subtitle B: Payments Title II: FDA Jurisdiction Over Tobacco Products Title III: Youth Smoking Reduction Targets and Incentives to Reduce Youth Smoking Rates Title IV: Tobacco Transition Assistance for Producers, Communities, and Other Persons Title V: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title VI: Public Health and Other Programs Subtitle A: Research Programs Subtitle B: Education and Prevention Programs Subtitle C: Miscellaneous Programs Title VII: Liability Protection; Consent Decrees; National Protocol Subtitle A: Liability Protection and Attorney Fees Subtitle B: Consent Decrees Subtitle C: National Tobacco Control Protocol Title VIII: Miscellaneous Provisions Title IX: Provisions Relating to Native Americans Title X: Tobacco Asbestos Trust Healthy Kids Act - Title I: Healthy Kids Trust Fund - Subtitle A: General Provisions - (Sec. 101) Establishes the Health Enhancement and Lowered Tobacco Hazards for Young Kids Trust Fund (HEALTHY Kids Trust Fund) (Fund). Appropriates to the Fund the initial payment under section 102 of this Act and 75 percent of annual assessments under section 102, fines or penalties under section 103, and amounts repaid or recovered under title III. Authorizes appropriations to the Fund as repayable advances. Makes specified percentages of Fund amounts available without further appropriation for carrying out provisions of this Act, for the Hospital Insurance Trust Fund, and for reducing the Federal debt subject to limit. Excludes amounts for the Hospital Insurance Trust Fund and the debt from consideration for the Emergency Deficit Control Act of 1985, the Congressional Budget Act of 1974, and House Concurrent Resolution 67 of the 104th Congress. (Sec. 102) Requires each tobacco product manufacturer (including repackers, labelers, and relabelers) to make an initial payment to the Fund based on that manufacturer's stock market capitalization as compared to the average stock market capitalization of all manufacturers. Mandates subsequent annual payments by each manufacturer based on that manufacturer's gross domestic tobacco sales during the year. Provides for floor stock treatment. Makes the initial capitalization-based payment and any penalties under title III not tax deductible. Amends the Federal bankruptcy code regarding the priority of unsecured Federal claims for payments, assessments, or penalties to be paid into the Fund. Prohibits manufacturers from using any liability insurance to make payments into the Fund. Mandates regulations regarding placing a Healthy Kids Stamp on each tobacco product package for which an assessment has been paid. Exempts a manufacturer who has consent decrees with more than 25 States before 1998 from the initial payment and certain portions of annual payments. (Sec. 103) Establishes a tobacco manufacturer licensing program. Requires a manufacturer or importer to be licensed to manufacture, distribute, or import tobacco products and to be eligible for protections under subtitle A of title VII. Mandates, for assessment nonpayment, manufacturer and importer license ineligibility and license revocation or suspension. (Sec. 104) Imposes a minimum monetary penalty for noncompliance with section 102. Subtitle B: Payments - Chapter 1: To States - Requires that funds under section 101 be made available to: (1) reimburse each eligible State for State expenditures under title XIX (Medicaid) of the Social Security Act for the treatment of individuals with tobacco-related conditions or any other State expenses incurred in providing treatment for tobacco-related conditions; and (2) provide funds to local governments. Requires States, in order to receive the funds, to: (1) agree to resolve any State civil action against a tobacco manufacturer, distributor, or retailer; and (2) submit a plan regarding payments to local governments. Prohibits the Secretary from approving a State plan unless the Secretary makes an explicit written finding that local entities will receive an equitable portion. Chapter 2: Federal Health Programs - Establishes the National Institutes of Health Trust Fund for Health Research (Research Fund), transferring to it amounts made available under section 101. Sets forth the portions of Research Fund amounts to be used for specified purposes. Chapter 3: Investments for Children - Requires use of amounts under section 101: (1) working through the Child Care and Development Block Grant Act of 1990, to improve child care, early childhood development, school-aged care, parent education and supportive services, health services, and services for children with disabilities; and (2) for grants to State and local educational agencies to train, recruit, and hire elementary school teachers, thus reducing average class size for certain grades. Requires States to ensure that: (1) teachers are qualified; and (2) when qualifications are temporarily waived, unqualified teachers are not disproportionately employed in high poverty schools. (Sec. 133) Amends Medicaid provisions regarding presumptive eligibility for children to include in the definition of "qualified entity" elementary or secondary schools, child care resource and referral agencies, agencies and contractors under title IV, part A (Temporary Assistance for Needy Families) (TANF) of the Social Security Act, Medicaid agencies, certain public housing agencies and contractors, and agencies authorized to determine child eligibility for health assistance under title XXI (Children's Health Insurance) of the Social Security Act. Modifies requirements regarding certain Medicaid expenditures that are counted against individual State allotments. Makes eligible for Medicaid children lawfully present in the United States who would, but for specified provisions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (relating to a five-year means-tested public benefit waiting period), be eligible under other provisions. Allows a State to include such children in the term "targeted low-income child." Makes the above amendments of this section effective as if they had been included in the Balanced Budget Act of 1997. Authorizes an increase in the Federal medical assistance percentage to reward a State for certain increases in the number of Medicaid-enrolled children. (Sec. 134) Mandates a demonstration project providing for payment under title XVIII (Medicare) of the Social Security Act of routine patient care costs that are provided to an individual with cancer and enrolled in Medicare as part of the individual's participation in a clinical trial and that are not otherwise eligible for Medicare payment. Requires use of amounts available under section 101 to carry out this section. Title II: FDA Jurisdiction Over Tobacco Products - Deems specified regulations to have been promulgated under the Federal Food, Drug, and Cosmetic Act (FDCA) as amended by this title. (Sec. 203) Amends the FDCA to include nicotine in tobacco products in the definition of "drug" and tobacco product delivery components in the definition of "device." Authorizes regulation of any tobacco product as a drug, device, or both. Deems tobacco misbranded if it: (1) states or implies that it presents a reduced health risk unless the product will achieve the best public health result; or (2) violates the FDCA or its regulations. Makes noncompliance with specified provisions added to the FDCA by this Act a prohibited act under the FDCA. Makes provisions preempting State and local requirements inapplicable to tobacco product devices. (Sec. 204) Exempts tobacco products from device Class II special controls if the Secretary of Health and Human Services finds that special controls will achieve the best public health result. Declares that, for the purposes of listed provisions, the safety and effectiveness of a tobacco product device need not be found if the action to be taken under any such provision would achieve the best public health result. Authorizes a tobacco product recall if the best public health result would be achieved. (Sec. 205) Establishes the Scientific Advisory Committee to assist the Secretary, examine the effects of tobacco product nicotine yield level alteration, examine whether there is a nicotine threshold below which dependence is not produced, and review other safety, dependence, or health issues regarding tobacco products. Authorizes the Secretary to adopt a tobacco product performance standard regardless of whether the product has been classified under device classification provisions. Allows the standard to include: (1) reduction or elimination of nicotine; or (2) reduction or elimination of other constituents. Authorizes the Secretary to require that a manufacturer test, report, and disclose tobacco and tobacco smoke constituents, including in labeling and advertising. Requires manufacturers to annually submit: (1) an ingredient list for each brand it manufactures; and (2) a safety assessment for each new ingredient it desires to make a part of the product, with current ingredients receiving a safety assessment within five years after enactment of this Act. Requires that the safety assessment demonstrate that the ingredient will not present any risk to consumers or the public in the intended quantities. Mandates regulations to prohibit any ingredient if: (1) no safety assessment has been submitted as required; or (2) the Secretary finds that safety has not been demonstrated. Requires tobacco product packages to disclose: (1) all ingredients; and (2) the percentages of domestic and foreign tobacco. Authorizes the Secretary to require disclosure of an ingredient that relates to a trade secret if the Secretary determines that the disclosure will promote the public health. Mandates specified warnings and related symbols on cigarette and smokeless tobacco packages and advertising. Preempts related State or local requirements. Declares that nothing in this paragraph relieves any person from liability to any other person at common law or under State statutory law. Makes it unlawful to advertise tobacco products on electronic communications subject to Federal Communications Commission jurisdiction. Directs the Secretary to restrict the access of minors to tobacco products. Requires States, in order to receive amounts under section 111 of this Act, to have a program meeting or exceeding the requirements of the model State program under which a retailer would be required to obtain a State or local license to distribute tobacco products. Includes in minimum model program requirements: (1) licensing fees to defray program administration; (2) prohibiting retail distribution without a license; (3) prohibiting distribution to minors; (4) monetary penalties for violations; and (5) suspension and revocation for repeated distribution to minors or violation of State or local law. Provides for specified penalties for distribution to minors, including penalties imposed on employees of retailers, minors (including loss of driving privileges), and retailers. Authorizes enforcement grants to States. Authorizes the Secretary to enforce the prohibition of distribution to minors. Declares that the provisions of this paragraph do not preempt State or local laws providing greater restrictions than these provisions. Mandates a Federal tobacco licensing program regarding military installations, U.S. embassies, Federally-owned facilities, duty-free shops, and any other Federal entity or Federal property. Treats an Indian tribe or tribal organization as a State for applying and enforcing the provisions of this paragraph regarding Indian reservations. Requires each manufacturer to submit to the Secretary each document in the manufacturer's possession: (1) relating to tobacco-caused health effects in humans or animals (including addiction), control of nicotine, tobacco sale or marketing, or research involving safer tobacco products; or (2) produced, or ordered to be produced, in any health-related civil or criminal proceeding, including attorney-client and other documents produced, or ordered to be produced, for in camera inspection. Directs the Secretary to make the documents available to the public. Exempts from public disclosure trade secrets and attorney-client privilege materials unless the Secretary determines disclosure is necessary to promote the public health. Authorizes any individual to begin a civil action: (1) against any person allegedly in violation of these provisions; or (2) against the Secretary or the Commissioner of Food and Drugs for alleged failure to perform as required. Prohibits regulations having the effect of placing burdens on tobacco producers in excess of the burdens generally placed on other agricultural commodity producers. Declares that any authority granted to the Secretary for regulation of any tobacco product as a drug or device is not intended to include the authority to make regulations applicable to persons who grow or cure raw tobacco. Repeals the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986. Title III: Youth Smoking Reduction Targets and Incentives to Reduce Youth Smoking Rates - Mandates an annual survey of the percentage of individuals under 18 (and the percentage of each ethnic group of such individuals) who identify each manufacturer's tobacco product as the usual product used. (Sec. 303) Requires annual determinations of whether the required percentage reduction in underage tobacco use has been achieved. Specifies the required reductions in cigarette and smokeless tobacco products. (Sec. 304) Mandates individual manufacturer monetary penalties if targets are not met for a year. Multiplies the penalties for consecutive failure years. Requires regulations to prohibit the sale of single packs of a manufacturer's tobacco products in cases of repeated noncompliance with required reductions and to require generic packaging in severe repeated noncompliance. Authorizes regulations requiring reductions in the use of other tobacco products by individuals under 18, including manufacturer monetary penalties for reduction failures. Title IV: Tobacco Transition Assistance for Producers, Communities, and Other Persons - Requires each cigarette manufacturer to purchase a minimum quantity of Flue-cured tobacco and Burley tobacco grown in the United States as determined under specified provisions. Authorizes, for a failure to make the minimum purchases, a monetary penalty and a prohibition of further sales until the penalty is paid. Requires penalty deposit in the No Net Cost Tobacco Fund of, or the No Net Cost Tobacco Account for, the producer-owned cooperative marketing associations handling the domestic tobacco that is the subject of the shortage producing the collection. (Sec. 402) Establishes the Tobacco Transition Trust Fund and transfers to it amounts available under section 101. Authorizes appropriations to the Fund as repayable advances as necessary for Fund expenditures. Makes the Fund available for: (1) transition payments to tobacco quota holders and quota lessees to compensate for lost crop value resulting from reduced demand for tobacco; (2) economic development assistance to producing communities; (3) producer, factory worker, and warehousemen retraining; (4) producer scholarships; (5) tobacco crop insurance; and (6) administrative costs of the Secretary of Agriculture associated with a tobacco price support program. Makes those amounts available only if a law is enacted by January 1, 2000, specifically prescribing Fund authorized uses, but allows administration of a price support program if all administrative costs are paid from the Fund. Declares that this title constitutes budget authority in advance of appropriations Acts. Terminates the authority of this title unless such a prescribing law is enacted. Title V: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Amends the Occupational Safety and Health Act of 1970 to require the responsible entity for each non-residential public building (regularly entered by at least ten individuals at least one day per week (except certain types of facilities)) to implement a smoke-free environment policy. Allows designated smoking areas meeting specified requirements. Sets forth special rules for: (1) schools and other facilities serving children; and (2) public transportation. Requires States, in order to receive funds under this Act, to demonstrate enforcement. Title VI: Public Health and Other Programs - Subtitle A: Research Programs - Mandates programs (through grants, contracts, or otherwise) to: (1) promote expanded research concerning specified aspects of tobacco and health; and (2) for the conduct of research on the cultural, social, behavioral, neurological, and psychological reasons that individuals refrain from, begin, continue, or quit using tobacco products. (Sec. 603) Mandates surveillance and evaluation to monitor patterns of tobacco use and determine the effectiveness of various anti-tobacco programs funded under this Act. Requires that funding be made available for the activities under this subtitle. Subtitle B: Education and Prevention Programs - Mandates a program of grants to States for: (1) school-, college-, or university-based education programs concerning tobacco product use dangers; and (2) community-based prevention programs. Requires that funding be made available. Subtitle C: Miscellaneous Programs - Requires a program to reduce tobacco use through national and local media-based (such as counter-advertising campaigns) and nonmedia-based education, prevention, and cessation campaigns. Requires that funding be made available. (Sec. 622) Establishes the National Tobacco Cessation Program. Authorizes grants, contracts, and cooperative agreements. Requires making funding available. (Sec. 623) Establishes a program to provide assistance and compensation to individuals (and entities providing services to individuals) suffering from tobacco-related conditions, targeting uninsured or underinsured individuals who can demonstrate financial hardship. Requires making funding available. (Sec. 624) Authorizes multilateral assistance to foreign countries to assist in reducing and preventing the use of tobacco in foreign countries, focusing on preventing use by minors. Requires making funding available. Establishes in the District of Columbia a private, nonprofit corporation to be known as the American Center on Global Health and Tobacco (ACT). Requires that an International Advisory Council advise ACT. Mandates the annual transfer of a specified amount to carry out this paragraph. Makes ACT and its grantees subject to the oversight and supervision of the Congress. (Sec. 625) Mandates the National Event Sponsorship Program, authorizing grants for the sponsorship of athletic or other social or cultural events that, before enactment of this Act, was provided by a tobacco manufacturer or distributor. Requires making funding available. Terminates the Program ten years after enactment of this Act. (Sec. 626) Requires a program of grants to States to augment existing programs to reduce alcohol and illicit drug use by individuals under 18. Requires making funding available. Title VII: Liability Protection; Consent Decrees; National Protocol - Subtitle A: Liability Protection and Attorney Fees - Requires that, in order to receive funds under section 111, a State resolve any existing, and agree not to start any new, civil claim seeking recovery for expenditures attributable to tobacco-related conditions commenced by the State against a manufacturer, distributor, or retailer and pending at enactment of this Act. Bars the Federal Government from starting any such claim. Prohibits construing these provisions to limit: (1) an individual's right to start a civil claim for past, present, or future conduct by tobacco product manufacturers, distributors, or retailers; or (2) criminal prosecution of tobacco manufacturers, distributors, or retailers. (Sec. 702) Establishes an Arbitration Panel to award attorney's fees and expenses relating to litigation affected by, or legal services resulting in, this Act. Prohibits any Panel award from affecting fee payments required under any provision of this Act. Declares that it is the sense of the House of Representatives that: (1) the legal services in the class actions filed by the Castano Plaintiffs Legal Committee provided public benefits on which the programs in title IV of this Act are modeled; and (2) such programs do not constitute an exclusive remedy for claims based on addiction or dependence on tobacco products. Subtitle B: Consent Decrees - Requires that, in order to receive funds under section 111 a State, and in order to receive liability protections under subtitle A a tobacco manufacturer, enter into consent decrees under this subtitle. Allows a State to qualify with good faith but unsuccessful efforts. Requires that the decrees resolve State actions for claims associated with manufacturer conduct before this Act. Sets forth required terms, conditions, and limitations. Makes the decrees enforceable by the signatories and the Attorney General. Requires, prior to decree entry by a court, that the decrees be: (1) approved by the Secretary and the Attorney General; (2) fair and reasonable; and (3) in the public interest. Subtitle C: National Tobacco Control Protocol - Chapter 1: Establishment - Requires that a tobacco manufacturer, in order to receive liability protections under subtitle A, enter into a National Tobacco Control Protocol with the U.S. Attorney General and the attorney general of each State that does not opt out. Requires that the Protocol be a binding contract embodying the terms of this subtitle and designed to be enforceable in Federal or State courts. Chapter 2: Terms and Conditions - Declares that this chapter is a part of the Protocol. (Sec. 726) Prohibits tobacco advertising: (1) outdoors; (2) except as allowed in this Act, in any arena or stadium where athletic or other social or cultural activities occur; (3) using a human image or cartoon character; (4) on the Internet, unless inaccessible in or from the United States; and (5) subject to exception, at the point of sale. (Sec. 727) Prohibits a manufacturer from using a trade or brand name of a non-tobacco product for a cigarette or smokeless tobacco product, unless in use before 1998. Sets forth situations in which tobacco brand names or other identification indicia may, with prior notice to the Secretary, be used in advertising and labeling. Prohibits payment for the placement of tobacco products in television programs, motion pictures, or videos or on video game machines. Prohibits direct or indirect payment or consideration for promoting tobacco product image or use through print, film, or broadcast media that appeals to individuals under 18 or through a live performance artist that appeals to such individuals. (Sec. 728) Allows, subject to exceptions, tobacco product labeling and advertising to use only black text on a white background. Limits audio (alone or with video) to words only, prohibiting music and sound effects. (Sec. 729) Prohibits: (1) the use of a tobacco product brand name, logo, symbol, motto, selling message, recognizable color or pattern of colors, or any other indicia of product identification on any service or nontobacco item; (2) offering tobacco purchasers any non-tobacco item in consideration of purchase; and (3) manufacturers, distributors, and retailers from sponsoring any athletic or other social or cultural event in which any indicia of product identification is used (but allows sponsorship under the corporate name, if in use before 1995 and if the corporate name does not include any indicia of product identification). Chapter 3: Enforcement - Allows the Attorney General to bring an action for enforcement, or restrain a breach, of the Protocol. Allows restraining orders, orders of specific performance, civil monetary penalties, and (for officers of manufacturers who knowingly violate the Protocol) criminal penalties, including incarceration. Authorizes grants and contracts for State enforcement. Authorizes use of amounts from the HEALTHY Kids Trust Fund and Department of Justice funds for Attorney General enforcement. (Sec. 732) Authorizes the attorney general of a State to bring an action for enforcement, or to restrain a breach, of the Protocol if the alleged violation occurred in that State. Provides for concurrent Federal and State court jurisdiction in such actions. Allows the remedies specified in section 731. (Sec. 733) Authorizes a manufacturer to file an action seeking a declaration of its Protocol rights and obligations. Authorizes any person to bring an action to enforce the Protocol, with any damages remitted to the Treasury. Entitles any manufacturer to intervene as a matter of right in any Federal or State Attorney General enforcement action. Title VIII: Miscellaneous Provisions - Prohibits the use of funds made available by appropriations or otherwise for specified actions, including: (1) promoting the export, reexport, sale, manufacture, advertising, or use of tobacco products to or in a foreign country; or (2) subject to exception, seeking the removal or reduction of any foreign restriction on the importation, export, sale, manufacture, advertising, use, imposition of tariffs, or taxation of tobacco products. (Sec. 802) Prohibits reprisals against a whistleblower employee of any tobacco product manufacturer, distributor, or retailer for disclosing to specified Federal agencies or State or local authorities information regarding a violation of law related to this Act or related State or local laws. Allows the whistleblower to receive a portion of a payment to the Government resulting from the whistleblower's disclosure. (Sec. 803) Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to make it unlawful for any domestic concern, directly or through a foreign subsidiary or affiliate, to use the mails or interstate commerce to contribute to: (1) the foreign sale or distribution of tobacco products to children or the foreign advertising of tobacco products in a way that appeals to children; and (2) the tobacco product export from any country without a package warning label in the primary language or languages of the country of sale or distribution that complies with domestic labeling requirements. Adds the unlawful acts of this section to the FDCA list of prohibited acts and entitles a person who provides information leading to a related criminal conviction to a portion of the criminal fine collected. (Sec. 804) Allows State or local measures to further this Act's purposes not less stringent than the requirements of this Act. Title IX: Miscellaneous Provisions - Declares that the provisions of this Act shall apply to the manufacture, distribution, and sale of tobacco products in any area in tribal or tribal organization jurisdiction, with exceptions for religious practices. Mandates regulations applying the Federal Food, Drug, and Cosmetic Act requirements regarding tobacco products to such areas. Provides for the treatment of tribes and tribal organizations under various provisions of this Act. Prohibits manufacturers from engaging in any activity in such areas that is prohibited under the Protocol. Requires that amounts made available under certain portions of section 101 be provided to the Indian Health Service for anti-tobacco-related consumption and cessation activities. Allows tribes and tribal organizations to: (1) take measures to further this Act's purposes in addition to the requirements of this Act; and (2) have rules or practices providing greater protection from the health hazards of environmental tobacco smoke. Prohibits a State from imposing requirements regarding the application of this Act to Indian tribes and tribal organizations. Title X: Tobacco Asbestos Trust - Establishes the Tobacco Asbestos Trust Fund consisting of amounts appropriated or credited to it under section 102. (Sec. 1002) Transfers to the Fund, without further appropriation, amounts from manufacturer assessments under this section. Authorizes appropriations to the Fund as repayable advances. Directs the Secretary of the Treasury to assess each tobacco manufacturer an amount sufficient to provide the Fund with specified amounts in certain years. (Sec. 1003) Divides the Fund into Fund I and Fund II. Requires that each Fund be established as Qualified Settlement Funds (as permitted by the Internal Revenue Code). Declares that Fund I represents some portion of the amount of smoking-caused harm paid by asbestos trusts and defendants in the past. Requires that Fund I payments be used to provide credits to asbestos trusts and asbestos defendants who settled and paid asbestos claims of persons who had exposure to tobacco, for the sole purpose of making payment to asbestos claimants by Fund I trustees. Declares that the purpose of Fund II is to pay asbestos tobacco claims brought after enactment of this Act for the tobacco-caused portion of the claimant's harm. (Sec. 1004) Declares that no tobacco company shall be liable: (1) in any civil suit for harm caused by exposure to tobacco or exposure to asbestos to any person who receives compensation from Fund II; or (2) to any asbestos trust or defendant who receives credits from Fund I on any claim arising from payments or obligations to asbestos claimants made or incurred before enactment of this Act.
United States · United States Congress · 12 March 1998
Amends Federal veterans' benefits provisions to require (current law authorizes) the Secretary of Veterans Affairs, in the case of past-due benefits awarded to an individual in a veterans' claims adjudication, to direct that the payment of attorney's fees (not to exceed 20 percent of such award) be made out of such past due benefits.
United States · United States Congress · 11 March 1998
Credit Union Community Reinvestment Act - Amends the Community Reinvestment Act of 1977 to declare that: (1) the field of membership of a credit union shall be treated as the community served by such union; and (2) insured credit unions have a continuing and affirmative obligation to help meet the credit needs of the community served by such unions. Directs the National Credit Union Administration Board to: (1) exercise its authority under the Federal Credit Union Act to encourage any insured credit union whose total assets exceed $25 million to help meet the credit needs of the community it serves; and (2) take such a credit union's record of meeting those needs into account in its evaluation of any application to expand the credit union's field of membership or to establish a deposit facility. Authorizes Board deference to the State regulator of a credit union for enforcement of any State law requirements that are no less stringent than those of the Act.
United States · United States Congress · 5 March 1998
Patient Safety and Health Care Whistleblower Protection Act of 1998 - Prohibits retaliation or discrimination against a health care worker because the worker disclosed information, advocated for patients, or initiated, cooperated with, or participated in any governmental investigation or proceeding regarding the care, services, or conditions of a health care entity if: (1) the information is true; and (2) the information disclosed evidences a violation of a law, rule, or professional standard or relates to matters endangering patients, workers, or the public. Prohibits contracts, policies, and procedures restricting the actions for which retaliation or discrimination is prohibited. Declares that these provisions do not protect disclosures violating confidentiality law. Prohibits disclosing the identity of the worker, subject to exception. Provides for enforcement through private civil actions and, for certain willful and repeated violations, criminal penalties. Declares that this Act does not preempt other laws and allows States to enforce laws providing equivalent or greater worker protections.
United States · United States Congress · 4 March 1998
Public School Modernization Act of 1998 - Amends the Internal Revenue Code to revise current incentives for education zones into incentives for qualified public school modernization bonds, including (currently existing) qualified zone academy bonds and (newly established) qualified school construction bonds. Allows a limited tax credit, computed according to a specified formula, to taxpayers holding such public school modernization bonds. Raises the national zone academy bond limitation from $400 million to $1.4 billion for calendar 1999 (and 2000), and eliminates the limitation after 2000. Prescribes requirements for national qualified school construction bonds, with a national limitation of $9.7 billion each for calendar 1999 and 2000 and no limit after 2000.
United States · United States Congress · 26 February 1998
Persian Gulf Veterans Act of 1998 - Presumes to be service-connected (and therefore compensable or treatable under Federal veterans' benefits provisions) a disease or disability occurring in a Persian Gulf War veteran that: (1) the Secretary of Veterans Affairs determines to have a positive association with exposure to a biological, chemical, or other toxic agent or environmental or wartime hazard (agent or hazard) associated with service in the southwest Asia theater of operations during the Persian Gulf War; and (2) becomes manifest in a Gulf War veteran within a period to be prescribed by the Secretary. Requires such presumption even though there is no record of evidence of such disease or disability in the veteran during the period of service. Provides the same presumption for diseases and disabilities determined to be positively associated with such service by reason of having a prevalence among Persian Gulf veterans greater than such prevalence among matched peers who are veterans or active duty servicemembers of the same era who were neither deployed nor vaccinated for deployment (and which becomes manifest within the prescribed period). Requires the Secretary to make the above determinations based on sound medical and scientific evidence and within 60 days after receipt of reports submitted by the National Academy of Sciences (NAS) as required under this Act. (Sec. 3) Directs the Secretary to enter into an agreement under which NAS shall: (1) identify the agents or hazards to which Gulf War veterans may have been exposed; (2) identify the diseases that are manifest in such members; and (3) determine whether a disease occurs in a Persian Gulf veteran with a greater prevalence than in matched peers who were neither deployed nor vaccinated for deployment. Directs NAS to determine whether a statistical association exists between exposure to such agent or hazard and the disease, separately review potential treatment models and evolving technologies to identify such diseases, make recommendations for additional studies, perform subsequent reviews of available evidence and data, and report to the Secretary, the Secretary of Defense, and the veterans and defense committees (designated committees) concerning NAS activities under this Act. Terminates requirements and activities under this Act ten years after NAS submits its first report. Requires the Secretary to enter into an agreement with an alternative scientific organization if agreement cannot be reached with NAS. (Sec. 4) Directs the Secretary to develop and implement a plan for the establishment and operation of a single computerized information database for the collection, storage, and analysis of information on diseases of, and treatment provided to, Gulf War veterans. Requires such plan to be submitted to the Secretary of Defense, NAS, and the designated committees. Directs NAS to evaluate and report on such plan. Requires the Secretary to: (1) continually compile and analyze all appropriate clinical data contained in the database; and (2) report annually, along with the Secretary of Defense, to the designated committees with respect to such data analysis. (Sec. 5) Directs the Secretary to carry out a research program of the evolving technologies available to measure the exposure to certain agents or hazards associated with Gulf War service, as well as the diagnosis of diseases resulting from such exposure. Directs the Secretary and the Secretaries of Defense and Health and Human Services to jointly report to the designated committees on research results. (Sec. 6) Directs the Secretary and the Secretary of Defense to carry out an ongoing program to provide Gulf War veterans with information relating to: (1) any health risks determined to be associated with Persian Gulf service; and (2) any services or benefits available with respect to such health risks.
United States · United States Congress · 26 February 1998
Child Care Access Means Parents in School Act - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to award grants to assist institutions of higher education in providing campus- based child care services to low-income students. Authorizes appropriations.
United States · United States Congress · 26 February 1998
Amends title XIX (Medicaid) of the Social Security Act to exempt disabled individuals from required enrollment with a managed care entity under the Medicaid program. Makes this Act effective as if included in the enactment of the Balanced Budget Act of 1997.
United States · United States Congress · 26 February 1998
Calls for the Citizens Stamp Advisory Committee to recommend and the Postal Service to issue a commemorative postage stamp honoring the U.S. Submarine Force on its 100th anniversary.
United States · United States Congress · 26 February 1998
Expresses the sense of the Congress that the United States should not take military action against Iraq unless that action is specifically authorized by a law enacted after the date of the adoption of this resolution.
United States · United States Congress · 25 February 1998
TABLE OF CONTENTS: Title I: Remedy Title II: Community Participation and Human Health Subtitle A: Community Participation Subtitle B: Human Health Subtitle C: General Provisions Title III: Right to Know Title IV: Environmental Justice Title V: Children's Environmental Health Title VI: Brownfield Remediation and Environmental Cleanup Subtitle A: Brownfields Subtitle B: Innocent Landowners and Prospective Purchaser Liability Subtitle C: Department of Housing and Urban Development Brownfield Grants Title VII: Natural Resource Damages Title VIII: Federal Facilities Title IX: Liability Title X: Funding Title XI: Miscellaneous Children's Protection and Community Cleanup Act of 1998 - Title I: Remedy - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to revise general rules for the selection of remedial cleanup actions. Removes a provision requiring the President to specifically address the long-term effectiveness of various alternative treatment or resource recovery technologies. Requires remedial actions to: (1) make contaminated property available for beneficial use to the maximum extent practicable; and (2) protect uncontaminated groundwater and surface water, wherever technically feasible, and restore such water to beneficial uses in a reasonable time period given the circumstances of the release of the hazardous substance concerned. Lists minimum factors to be taken into account by the President in assessing alternative remedial actions and selecting remedial actions. Requires selected remedial actions, unless the President determines that a risk-based standard for a contaminant is based on data and assumptions adequate to assure protection of children's health, to reduce contamination to background levels (where more stringent) with respect to such contaminant, to the maximum extent technically feasible. Prohibits the selection of an action that allows hazardous substances to remain on site above levels that would be protective for unrestricted use unless institutional controls are incorporated into the action to achieve protection of human health and the environment during and after completion of the action. Requires remedial actions for hazardous substances that remain on site to comply with any more stringent and legally applicable tribal standard. Directs the President to ensure that a remedial action attains standards of control protective of human health in the environment in cases where: (1) no Federal, State, or tribal standard has been established for the specific hazardous substance present at the facility where the action is being undertaken; or (2) there are multiple hazardous substances present and the remedial action is not protective even though applicable requirements would be attained. Removes a provision which requires the President to conform a remedial action to a State standard in cases where a State has initiated a law suit against the Environmental Protection Agency (EPA) prior to May 1, 1986. Eliminates a provision which allows the President to select a remedial action that does not attain a standard equivalent to a legally applicable standard if compliance with requirements is technically impracticable from an engineering perspective. Sets forth minimum requirements for remedies for contaminated groundwater or surface water in cases where a legally applicable standard for a hazardous substance is waived. Authorizes the President to use institutional controls as a supplement to, but not as a substitute for, other response measures under CERCLA. Lists requirements for actions that rely on institutional controls. Provides for funds to be established for facilities for which the selected remedy is containment or at which hazardous substances remain on site above levels that would allow for unrestricted use of the facility. Requires such funds to be sufficient to guarantee successful performance of a remedy and, to the extent technically feasible, future beneficial reuse. Directs the EPA Administrator (Administrator) to report annually to the Congress, for each record of decision signed during the previous fiscal year, on the type of institutional controls and media affected and the institution designated to monitor, enforce, and ensure compliance with such controls. Makes procedural requirements of State laws inapplicable to the portion of any removal or remedial action conducted entirely on site, except for recordkeeping and reporting. (Sec. 102) Sets forth criteria for institutional control instruments. Requires the President, if such an instrument is adopted, to record a notice of property use restriction in the public land records for the jurisdiction in which the affected property is located. Makes such instruments enforceable in perpetuity (unless terminated and released) against holders of interest in an affected property and all persons who subsequently acquire such interest. Directs the President to maintain a registry of all property at which institutional controls have been established in connection with response actions. Describes types of institutional control instruments, including easements. Authorizes the President, in order to respond to a release or threatened release of a hazardous substance, to acquire an easement to limit or control the use of land or other natural resources. Permits easements to be used whenever institutional controls have been selected as a component of a response action. Sets forth provisions regarding the President's authority to assign easements to other parties, issue orders imposing restrictions on land or natural resources, and include State institutional controls in response actions. (Sec. 103) Requires the President to ensure that a removal action is not undertaken in lieu of a long-term remedial action. Title II: Community Participation and Human Health - Subtitle A: Community Participation - Revises provisions regarding grants for technical assistance to make such grants available to Community Advisory Groups or affected communities (defined as two or more individuals affected by the release or threatened release of a hazardous substance at a covered facility. Defines a "covered facility" as a facility: (1) that has been listed or proposed for listing on the National Priorities List (NPL); (2) at which the Administrator is undertaking an action anticipated to exceed one year or a specified funding limit; or (3) with respect to which the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator has accepted a petition requesting a health assessment or related health activity. Expands the list of authorized grant activities and increases the maximum amount of such grants. Requires the President to take specified actions to provide for meaningful public participation in every significant phase of response activities under CERCLA. Permits Community Advisory Groups, affected Indian tribes and communities, and local government and health officials to propose remedial alternatives to the President. Requires the President to make records relating to response actions at a covered facility available to the public throughout all phases of an action. Sets forth additional requirements with respect to public notice of certain removal actions. (Sec. 203) Requires States or Indian tribes with covered facilities to establish Community Information and Access Offices. Provides funding for such Offices. Directs the Administrator to establish Offices for States or tribes that fail to do so. (Sec. 204) Requires the President to provide the opportunity for the establishment of a Community Advisory Group, a representative public forum, to achieve direct, regular, and meaningful consultation with all interested parties throughout all stages of a response action whenever: (1) the President determines such a group will be helpful; or (2) ten individuals residing in the area in which the covered facility is located, or ten percent of the population of a locality in which the covered facility is located, whichever is fewer, petition for a Group to be established. Directs the President to adopt any consensus recommendation of a Group on land use as part of the remedy selected for the facility, with exceptions. Authorizes the President to provide administrative support for such Groups. Directs the Administrator to submit to the Congress a community study that includes an analysis of: (1) the speed of listing; (2) the speed and nature of response actions; (3) the degree to which public views are reflected in response actions; (3) use of institutional controls; and (4) the population, race, ethnicity, and income characteristics of communities affected by facilities listed or proposed for listing on the NPL. Requires periodic updates of such study. Directs the Administrator to institute necessary improvements or modifications to address any deficiencies identified by the study. (Sec. 205) Requires the Administrator to conduct a program to assist in the recruitment and training of individuals in affected communities for employment in response activities. Subtitle B: Human Health - Directs the President to notify State and local public health authorities and tribal health officials whenever there is reason to believe that a release (or threat of release) of a hazardous substance, pollutant, or contaminant has occurred, is occurring, or is about to occur. Requires the ATSDR Administrator to perform a health assessment for each facility listed, or proposed for listing, on the NPL, including Federal facilities. Permits related health activities to be performed in lieu of assessments for facilities that are so listed or proposed for ecological reasons only. Requires the ATSDR Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. (Sec. 213) Provides for research on exposure or tolerance limits for hazardous substances found commonly at NPL facilities in cases where adequate information on health effects of a substance is not available. Expands the duties of the ATSDR Administrator to require the Administrator to establish an inventory of exposure or tolerance limits for such substances. (Sec. 215) Directs the President, in any case in which a person is relocated in order to reduce exposure and eliminate health risks from hazardous substances, to provide to the individual the replacement value of the individual's residence. (Sec. 216) Authorizes and directs the ATSDR Administrator, pursuant to specified grants and contracts, to provide health services to communities affected by the release of hazardous substances. Makes funds available for such services for FY 2000 through 2004. (Sec. 217) Provides for cooperation with Indian tribes with respect to certain ATSDR activities. Requires the ATSDR Administrator to include in a biennial report on ATSDR activities the health impacts on Indian tribes of hazardous substances from covered facilities. Subtitle C: General Provisions - Sets forth effective dates for provisions of this title. Title III: Right to Know - Requires the annual disclosure of certain information by potentially responsible parties at NPL facilities and owners or operators of facilities subject to toxic chemical release reporting requirements under the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA). Includes within such required disclosures information on quantities of certain hazardous substances and potential exposure of facility employees. Directs the Administrator to consolidate all annual reporting pursuant to title I of CERCLA and other Federal environmental laws to the extent not prohibited by such laws. Prescribes penalties for noncompliance with disclosure requirements. Amends EPCRA to permit the withholding of portions of information required to be disclosed under CERCLA for purposes of protecting trade secrets. (Sec. 302) Requires owners or operators of facilities subject to EPCRA reporting requirements to submit to the Administrator and State officials annual unstudied chemical release forms for each chemical subject to this section that was manufactured, processed, or used in quantities exceeding thresholds during the preceding year at the facility. Permits the Administrator to: (1) apply such requirements to other facilities that use unstudied chemicals, as appropriate; and (2) exclude a class of facilities in a Standard Industrial Classification Code that is required to report under EPCRA if unstudied chemicals will not cause certain adverse human health or environmental effects. Makes subject to the requirements of this section an unstudied chemical: (1) for which the information needed to complete a preliminary assessment of potential toxicity is not available; and (2) that is a compound containing at least carbon, hydrogen, and one or more of the elements chlorine, fluorine, or bromine or is a compound included on the 1990 High Production Volume List issued pursuant to the Toxic Substances Control Act. Authorizes the addition of chemicals subject to such requirements based on health or environmental effects or presence in human tissues, food stuffs, or drinking water. Excludes from reporting requirements chemicals: (1) that are listed under EPCRA; (2) that are high molecular weight polymers; or (3) for which information is publicly available. Sets forth provisions regarding information needed for preliminary assessment of potential toxicity of unstudied chemicals. Establishes threshold amounts of unstudied chemicals which trigger reporting requirements. Makes release form information publicly available. Authorizes petitions to the Administrator to compel certain actions under this title, including the exemption from reporting, addition of chemicals subject to reporting, and revision of thresholds. Requires the Administrator to establish a national unstudied chemicals inventory based on submitted data. Makes violations of this title subject to civil and administrative penalties under EPCRA. Provides trade secret protection for information disclosed under this title in the same manner as provided under EPCRA. Title IV: Environmental Justice - Directs the President, acting through the Secretary of Commerce, to publish a list of special priority areas which shall be geographic areas in which residents face a high degree of economic distress or social disenfranchisement. Provides for updates to such list no later than two years after each official census count on social and economic characteristics. Describes areas to be included on such list. Requires the President to advertise the right of petition for assessment of a hazardous substance release in such areas. Directs the President to publish a list of special priority facilities which shall be those facilities located in special priority areas that are: (1) listed in the Comprehensive Environmental Response, Compensation, and Liability Information System; (2) the subject of a petition; or (3) those the President considers appropriate. Establishes deadlines for completing preliminary assessments, site inspections, and hazard ranking of such facilities and for listing them on the NPL. Requires the President to ensure that a remedial action for any such facility on the NPL is completed within three years of placement on the NPL. Provides exceptions from placing such facilities on the NPL. Title V: Children's Environmental Health - Requires the ATSDR Administrator and the Administrator to create a scientifically peer-reviewed list of environmental pollutants commonly found at facilities listed or proposed for listing on the NPL with known or suspected health risks to which fetuses and children are especially susceptible. Provides for a toxicological profile for each listed substance. each listed substance. Directs the Administrator or the Secretary of Health and Human Services, as appropriate, to review and revise, where necessary, environmental and public health regulations, risk assessment policies and procedures, and guidance documents issued under CERCLA to determine whether they consider and fully protect fetal and children's health. Incorporates fetal and children's health concerns into all health research initiatives under CERCLA. Requires the ATSDR Administrator to develop: (1) guidelines for addressing fetal and children's health issues in health studies and research programs; and (2) criteria for determining when and what type of child-specific health study shall be conducted based on the results of a health assessment. Expresses the sense of the Congress that the costs of such research programs should be borne by the manufacturers and processors of the hazardous substance in question. Directs the ATSDR Administrator to: (1) establish an exposure registry for all children exposed to hazardous substances as the result of a release at an NPL facility where levels of exposure are significant for children's health; and (2) implement specified children's environmental health education and training programs. Requires all lists, profiles, studies, and research results conducted under this title to be reported or adopted only after appropriate peer review. Sets forth requirements for peer reviews. Title VI: Brownfield Remediation and Environmental Cleanup - Subtitle A: Brownfields - Directs the Administrator to establish a program to award grants to local governments to inventory and conduct site assessments of brownfield sites and provide training in the cleanup of such sites. Defines a "brownfield site" as land that contains or contained abandoned or under-used commercial or industrial facilities, the expansion or redevelopment of which may be complicated by the presence of hazardous substances, pollutants, or contaminants. Sets forth grant application requirements and grant conditions. Requires States to submit information to the Administrator on brownfield sites. Directs the Administrator to compile a National Brownfields Registry. Directs the Administrator to establish a program to award grants to be used by local governments to capitalize revolving loan funds for the cleanup of brownfield sites, including associated rivers and streams. Authorizes local governments to provide such loans to finance cleanups by such governments or by owners or prospective purchasers of affected brownfield sites. Sets forth grant application and agreement requirements. Requires grant recipients to report to the Administrator on the extent of local citizen involvement in funded projects. Authorizes the Administrator to award a grant to a State if necessary to facilitate the receipt of funds by local governments that do not have the capabilities to manage grants. Makes certain facilities ineligible for the grant program, including facilities that are the subject of response actions and Federal facilities. Authorizes the President to make exceptions for excluded facilities and allow grants on a facility-by-facility basis. Makes amounts available from the Hazardous Substance Superfund (Superfund) to carry out the grant programs. Authorizes appropriations for FY 1999 through 2003. (Sec. 602) Authorizes the Administrator to award grants to, and enter into cooperative agreements with, States, Indian tribes, municipalities, and other specified agencies and organizations for training, technology transfer, and information dissemination programs to strengthen environmental response activities. (Sec. 603) Requires the Administrator to provide grants and other forms of assistance for brownfields workforce training programs in communities that contain brownfield sites. Subtitle B: Innocent Landowners and Prospective Purchaser Liability - Amends CERCLA, with respect to defenses to liability of an owner of after-acquired property, to deem a person to have made (under current law, "undertaken") appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the President) and the person fulfills certain responsibilities concerning information compilation, exercise of appropriate care with respect to hazardous substances at the facility, and cooperation with those conducting response actions. (Sec. 622) Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of this section and the facility's fair market value has increased above that which existed 180 days before the action was taken. (Sec. 623) Exempts certain contiguous property owners from liability. Subtitle C: Department of Housing and Urban Development Brownfield Grants - Amends the Housing and Community Development Act of 1974 to direct the Secretary of Housing and Urban Development to make grants, in connection with the authority to guarantee obligations to finance certain community development activities, to eligible public entities for projects and activities for economic redevelopment of brownfield sites. Title VII: Natural Resource Damages - Adds the reasonable costs of recovering natural resource damages to the list of recoverable damages for which liable parties are responsible under CERCLA. (Sec. 703) Eliminates the damage assessment rebuttable presumption and prescribes revised procedures for natural resource damage assessments. (Sec. 704) Authorizes a trustee for natural resources to establish an administrative record on which the trustee will base the selection of a plan for restoration of the resource. Provides for participation of interested persons in the development of an administrative record. (Sec. 705) Provides that the presence of hazardous substances in sediments of U.S. waters above background or reference levels shall be sufficient to establish injury to natural resources for purposes of determining liability. Directs the Administrator and the appropriate natural resource trustees to report to the Congress on how response, remedial, and restoration actions are restoring and protecting natural resources affected by the facilities of: (1) Hudson River, New York; (2) Newark and New York Bays, New York and New Jersey; (3) Housatonic River, Connecticut and Massachusetts; (4) New Bedford Harbor, Massachusetts; (5) Clark Fork River, Montana; (6) Lavaca Bay, Texas; (7) Palos Verdes, California; (8) Fox River, Wisconsin; (9) Coeur d'Alene, Idaho; and (10) Hanford, Washington. (Sec. 706) Requires natural resource trustees to conduct a program to assist in the recruitment and training of individuals in affected communities for employment in restoration activities. (Sec. 707) Revises provisions regarding the statute of limitations on natural resource damage actions. (Sec. 708) Adds archaeological resources to the definition of "natural resources" under CERCLA. (Sec. 709) Authorizes citizen suits to recover natural resources damages. Title VIII: Federal Facilities - Revises provisions regarding the applicability of CERCLA to the U.S. Government. Makes Federal agencies subject to all Federal, State, interstate, and local requirements regarding response actions and damages related to, or management of, hazardous substances, pollutants, or contaminants in the same manner as any nongovernmental entity. Waives immunity of the United States with respect to the enforcement of injunctive relief. Makes Federal employees subject to criminal sanctions under State or Federal response laws. Authorizes the Administrator to issue an abatement order to a Federal agency and requires initiation of an administrative enforcement action in the same manner as action would be initiated against any other person. Requires all funds collected by a State from the Federal Government from penalties imposed under this section to be used only for projects to improve or protect the environment or to defray costs of environmental protection or enforcement unless a State law requires such funds to be used differently. Requires Federal agencies to notify States and the Administrator of removal actions. Sets forth additional conditions under which a Federal property may be transferred to any other person without a covenant warranting that all remedial action has been taken on the property. Establishes additional assurances to be contained in deeds governing such transfers with regard to hazardous substances releases for which a Federal agency is potentially responsible. Title IX: Liability - Provides exemptions to liability (including liability for contribution) for response costs for pre-July 1997 acts if liability is based solely on arranging for disposal, treatment, or transport of, or accepting, a specified limited amount of hazardous substances. Absolves certain small parties of liability based on arrangement or acceptance provisions if the substance involved was municipal solid waste or sewage sludge. Removes a provision which excludes petroleum from the definition of "hazardous substance" under CERCLA. Provides that persons liable for willful releases of hazardous substances or threats thereof may be liable to the United States for punitive damages in an amount of up to two times the costs incurred by Superfund as a result of such a release. Title X: Funding - Extends the authorization of appropriations to carry out specified Superfund authorities through FY 2003. (Sec. 1007) Amends the Internal Revenue Code to extend the environmental income tax to taxable years beginning after December 31, 1998, and before January 1, 2004. Extends specified provisions regarding: (1) Superfund's financing rate; (2) limits on tax if the unobligated balance in Superfund exceeds a specified amount; and (3) the repayment deadline for advances made to Superfund. Title XI: Miscellaneous - Increases the ceiling on certain penalties under CERCLA. Prescribes penalties for specified additional violations. (Sec. 1103) Considers a remedial action that attains applicable requirements to be protective of human health and the environment unless the President determines otherwise. Directs the President to establish additional requirements to ensure such protection, as necessary. Provides that the decontamination regulations for site termination issued by the Nuclear Regulatory Commission (NRC) on July 21, 1997, shall not be considered sufficiently protective. Revises the definition of "federally permitted release" under CERCLA with respect to releases of source, special nuclear, or byproduct material in compliance with licenses, permits, regulations, or orders pursuant to the Atomic Energy Act of 1954 to apply such definition only if such licenses, permits, regulations, or orders adequately protect groundwater. Applies requirements of this Act pertaining to Federal facilities to facilities subject to licenses or decontamination regulations for license termination issued by the NRC. Amends environmental excise tax provisions to treat uranium dioxide as a taxable chemical only if it is used as a fuel in a nuclear reactor.
United States · United States Congress · 25 February 1998
Medicare Private Contracting Clarification Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, to provide that Medicare private contracts do not apply to non-covered services.
United States · United States Congress · 25 February 1998
Incentive for Achievement Through Pell Grants Act - Amends the Higher Education Act of 1965 to direct the Secretary of Education to establish a program to increase Pell grant awards to students who graduate in the top ten percent of their high school class.
United States · United States Congress · 25 February 1998
Cable Consumer Protection Act of 1998 - Amends the Communications Act of 1934 to extend permanently (currently terminates on March 31, 1999) the authority of the Federal Communications Commission to: (1) determine the reasonableness of cable television programming rates; and (2) in appropriate cases, reduce such rates.
United States · United States Congress · 24 February 1998
Federal Pay Fairness Act of 1998 - Amends Federal law concerning Government organization and employees to modify the conditions that must be met before the President may provide for an alternative pay plan or an alternative level of comparability payments. Applies the new standards starting with any alternative pay adjustments and any alternative level of comparability payments scheduled to take effect after 1998.
United States · United States Congress · 12 February 1998
Amends Federal law to add Martin Luther King, Jr.'s birthday (the third Monday in January) to the list of days on which the U.S. flag should especially be displayed.
United States · United States Congress · 12 February 1998
Allows a veteran claiming to be entitled to employment or reemployment rights with a State or private employer to request the Secretary of Labor to refer such claim to the Attorney General (current law) in the case of an unsuccessful effort to resolve such claim through the Secretary. Empowers U.S. district courts to hear cases commenced against a State or private employer by the Attorney General on behalf of such veterans, or against a private employer by a person. Requires direct payment to the veteran of any claim compensation which is considered lost wages or benefits or liquidated damages. Includes within the definition of "employee," for purposes of employment and reemployment rights, any person who is a citizen, national, or permanent resident alien of the United States employed in a foreign workplace by an employer that is an entity incorporated or otherwise organized in the United States or that is controlled by an entity organized in the United States. Provides that if a U.S. employer controls a foreign entity, then any denial of employment, reemployment, or benefits by such foreign entity shall be presumed to be by such employer. Provides an exception when employer compliance would violate the law of the foreign country in which the workplace is located. Authorizes a veteran claiming employment or reemployment rights to request the Secretary to refer such complaint to the Merit Systems Protection Board (current law), without regard as to whether such complaint accrued before, on, or after October 13, 1994 (the effective date of such provision).
United States · United States Congress · 12 February 1998
Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, to delay from FY 1998 to FY 1999 the effective date of the per beneficiary limits under the interim payment system for home health agencies. Changes from FY 1994 to FY or (at the home health agency's election) calendar 1995 the base year for calculating new payment rates under the system for cost reporting periods beginning on or after October 1, 1998.
United States · United States Congress · 12 February 1998
Biomedical Revitalization Resolution of 1998 - Expresses the sense of the House of Representatives that funding for the National Institutes of Health should be increased by $2 billion in FY 1999.
United States · United States Congress · 11 February 1998
Older and Disabled Americans Criminal Protection Act of 1998 - Defines a "shared housing arrangement" as a residential arrangement under which one person provides care or other services for the owner or lessee of a dwelling unit in exchange for free occupancy or a reduced cost for occupancy of that unit or other remuneration. Authorizes: (1) a shared housing referral agency to request the Attorney General to conduct and share criminal background checks respecting shared housing caretaker applicants; and (2) the Attorney General to charge a fee for such service. Provides a criminal penalty for the knowing use of such information for other than housing determinations. States that an agency that reasonably relies upon such information shall not be liable for damages based on such information's inaccuracy.
United States · United States Congress · 4 February 1998
Authorizes the President, on behalf of the Congress, to present a gold medal to Nelson Rolihlahla Mandela in recognition of his life-long dedication to the abolition of apartheid and the promotion of reconciliation among the people of the Republic of South Africa. Directs the Secretary of the Treasury to strike a gold medal and sell duplicates in bronze at a price sufficient to cover the costs of the medals. Declares such medals to be national medals. Authorizes a maximum charge against the United States Mint Public Enterprise Fund to pay for the costs of the medals. Mandates that proceeds from sales of duplicate bronze medals be deposited in such Fund.
United States · United States Congress · 28 January 1998
Amends title XVIII (Medicare) of the Social Security Act to repeal the provision of the Balanced Budget Act of 1997 that permits private contracting between physicians and Medicare beneficiaries for medical services otherwise covered by the Medicare program. Declares invalid and unenforceable any provision of any contract, agreement, or other arrangement that provides for waiver of the claims submission requirement, the billing limitation, or both.
United States · United States Congress · 27 January 1998
American Family Fair Minimum Wage Act of 1998 - Amends the Fair Labor Standards Act of 1938 to increase the Federal minimum wage per hour, beginning on September 1 of the years specified, to: (1) $5.65 in 1998; (2) $6.15 in 1999; (3) $6.65 in 2000; and (4) in 2001 and subsequent fiscal years, $6.65 adjusted to reflect increases in the Consumer Price Index for All Urban Consumers.
United States · United States Congress · 27 January 1998
Requests that the U.S. Postal Service issue a commemorative postage stamp in 1999 in honor of the 100th anniversary of the founding of the Veterans of Foreign Wars of the United States.
United States · United States Congress · 13 November 1997
Veterans Transitional Housing Opportunities Act of 1997 - Authorizes the Secretary of Veterans Affairs to guarantee the full or partial repayment of loans for the provision of multifamily transitional housing (MTH) for homeless veterans. Sets a maximum of 15 of such loans, a maximum loan guarantee amount of $100 million, and a loan guarantee period of three years. Outlines provisions concerning: (1) loan requirements; (2) requirements for veterans being provided MTH assistance; and (3) loan default procedures. Establishes the Multifamily Transitional Housing Guarantee Fund for the deposit and receipt of funds for the payment of such loan guarantees. Requires each MTH project to be audited during its first three years of operation. Authorizes the Secretary of the Treasury to invest the National Service Life Insurance Fund in certain securities and specifies the use of the proceeds.
United States · United States Congress · 13 November 1997
Hate Crimes Prevention Act of 1997 - Amends the Federal criminal code to set penalties for persons who, whether or not acting under color of law, willfully cause bodily injury to any person or, through the use of fire, firearm, or explosive device, attempt to cause such injury, because of the actual or perceived: (1) race, color, religion, or national origin of any person; and (2) religion, gender, sexual orientation, or disability of any person, where in connection with the offense, the defendant or the victim travels in interstate or foreign commerce, uses a facility or instrumentality of interstate or foreign commerce, or engages in any activity affecting interstate or foreign commerce, or where the offense is in or affects interstate or foreign commerce. (Sec. 5) Directs the United States Sentencing Commission to study the issue of adult recruitment of juveniles to commit hate crimes and, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements for adult defendants who recruit juveniles to assist in the commission of hate crimes. (Sec. 6) Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice (DOJ) to make grants to State and local programs designed to combat hate crimes committed by juveniles. Authorizes appropriations. (Sec. 7) Authorizes appropriations to the Department of the Treasury and to DOJ to increase the number of personnel to prevent and respond to alleged violations of provisions regarding interference with specified federally protected activities, such as voting.
United States · United States Congress · 13 November 1997
TABLE OF CONTENTS: Title I: Improved Communications Act Remedies for Slamming Title II: Regulation of Unfair and Deceptive Acts and Practices in Connection with Slamming Slamming Prevention and Consumer Protection Act of 1997 - Title I: Improved Communications Act Remedies for Slamming - Amends the Communications Act of 1934 to require any telephone exchange carrier that submits or executes a change in a subscriber's selection of a provider of telephone exchange or toll service in violation of subscriber verification requirements prescribed by the Federal Communications Commission (FCC) to refund to such subscriber any charges imposed for such service during the three-month period after such change is effected. Prohibits any change in selection, or verification of such a change, without the affirmative request of the subscriber. Requires the FCC to complete rulemaking for enforcement of such verification requirements within two years after the enactment of the Telecommunications Act of 1996. Provides a private right of action for any subscriber whose service is changed in violation of such requirements. Authorizes the appropriate State court to increase damage awards by up to three times the maximum allowable award for willful and knowing violations. Title II: Regulation of Unfair and Deceptive Acts and Practices in Connection With Slamming - Directs the Federal Trade Commission (FTC) to prescribe rules to prohibit unfair and deceptive acts and practices in any advertisement for or solicitation of any change in a subscriber's selection of a service provider. Requires a carrier to clearly and conspicuously disclose that the offer seeks to change the subscriber's service provider, as well as the total cost for such new service. Permits States to bring civil actions on behalf of residents to enjoin unlawful exchange practices, to enforce carrier compliance with FTC rules, or to obtain damages or other appropriate relief.
United States · United States Congress · 13 November 1997
Rent-To-Own Reform Act of 1997 - Amends the Consumer Credit Protection Act to designate a new title X as the Rent-To-Own Protection Act to prohibit a seller in a rent-to-own transaction from taking, receiving, or assessing any interest, finance charge, or other fee for the transaction in excess of that which may be charged under State law which establishes in connection with a credit or retail installment sale for the same or a similar item: (1) a maximum rate or amount of interest, finance charge, or time-price differential that may be charged; (2) the types and maximum amount of fees that a seller may charge; or (3) the types of credit insurance and the maximum amount of premiums that can be charged for credit insurance. Sets forth requirements regarding: (1) termination, recovery, and other fees; (2) the effect of termination; and (3) guarantees and warranties. Makes the following Federal laws applicable to rent-to-own transactions: (1) the Truth in Lending Act; (2) the Equal Credit Opportunity Act; (3) the Fair Debt Collection Practices Act; and (4) the Fair Credit Reporting Act. Requires a seller to include the following information on each item in the seller's place of business that is available for purchase pursuant to a rent-to-own transaction: (1) the cash price; (2) an itemization of services offered and the price of each service; (3) the annual percentage rate; (4) any applicable periodic payment and the number of payments; (5) the total number of payments required to acquire ownership; and (6) whether the item is new or used. Requires a seller to provide such information to a consumer in writing at the time the parties enter into the contract. Prohibits a seller under a rent-to-own contract with a consumer from taking specified actions, such as using threats or coercion to collect amounts alleged due, or unreasonably disclosing information to third parties regarding amounts owed by the consumer. Makes compliance with the requirements of this Act enforceable by the Federal Trade Commission. Deems a violation of this Act to be an unfair or deceptive act or practice in violation of the Federal Trade Commission Act. Subjects sellers who violate the requirements of this Act to civil liability.
United States · United States Congress · 13 November 1997
Meals for Achievement Act - Amends the Child Nutrition Act of 1966 to expand the School Breakfast Program in elementary schools by revising the formula for determining breakfast assistance payments to State educational agencies to include the number of breakfasts served in elementary schools and free breakfasts served in non-elementary schools. Amends the National School Lunch Act to provide greater access to snacks in school-based childcare programs by eliminating certain restrictions on children's eligibility for such meal supplements in afterschool care.
United States · United States Congress · 13 November 1997
Early Detection of Dyslexia in Children Act of 1997 - Directs the Secretary of Education to study and report to the Congress on methods for identifying and treating children with dyslexia in kindergarten through third grade.
United States · United States Congress · 13 November 1997
Safety of Imported Food Act of 1997 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to deem imported food adulterated if it has not been prepared, packed, and held under conditions meeting FDCA requirements (or conditions otherwise achieving the protection required) for domestic food. Allows consideration of whether inspection, testing, or other procedures have been refused. Allows importation denial on the basis of such refusal and other relevant factors.
United States · United States Congress · 12 November 1997
TABLE OF CONTENTS: Title I: Amendments to the Public Health Service Act Relating to Tobacco Title II: FDA Jurisdiction Over Tobacco Products Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title IV: Tobacco Market Transition Assistance Subtitle A: Tobacco Quota Buyout Contracts and Producer Transition Payments Subtitle B: No Net Cost Tobacco Program Subtitle C: Tobacco Community Empowerment Block Grants Title V: Miscellaneous Provisions Healthy and Smoke Free Children Act - Title I: Amendments to the Public Health Service Act Relating to Tobacco - Amends the Public Health Service Act to mandate payments to States for the States' expenses for treating tobacco-related illnesses or conditions and for services for children. Makes certain amounts available for specified activities under this Act and its amendments, including: (1) the costs associated with Food and Drug Administration tobacco-related activities; (2) national biomedical and basic scientific research activities and child development and research activities; and (3) assistance and compensation to individuals with tobacco-related illnesses and conditions. Establishes the National Biomedical and Basic Scientific Research Board to make grants and contracts for the expansion of basic and biomedical research and to provide graduate training in that research. Mandates grants or contracts for the conduct and support of research, training, and demonstration projects regarding child health and development. Mandates, to discourage individuals from using tobacco products and to assist quitting: (1) research on methods, drugs, and devices; (2) programs to reduce tobacco use through education, prevention, and cessation campaigns; and (3) programs through the Centers for Disease Control and Prevention. Mandates block grants to States for tobacco use reduction and education activities. Requires a Federal model smoking cessation program and Federal regulations regarding approval of cessation programs and devices. Includes in the allowed uses of block grants activities for the transitional sponsorship of certain activities. Mandates an annual survey on children's tobacco use. Requires each tobacco manufacturer to reduce the number of children using its products by specified percentages in specified years. Imposes a per-unit fee for failing to meet targets. Mandates regulations: (1) prohibiting the sale of tobacco product single packs in cases of repeated noncompliance; and (2) requiring generic packaging in cases of severe repeated noncompliance. Requires fee amounts to be made available: (1) to the National Biomedical and Basic Scientific Research Board for research, training, and demonstration project grants; (2) for healthy child development grants; and (3) for reduction and addiction prevention research grants and grants under the national tobacco usage reduction and education program. Prohibits reprisals against whistleblower employees of tobacco manufacturers, distributors, and retailers. Establishes the National Tobacco Document Depository, requiring that it be open to the public and maintained as a resource for individuals interested in the manufacturers' corporate records and research. Requires manufacturers, the Tobacco Institute, and the Council for Tobacco Research, U.S.A., to provide specified Depository contents. Directs the Judicial Conference of the United States to establish a Tobacco Documents Dispute Resolution Panel to resolve all claims of attorney-client, work product, or trade secrets privilege. Establishes the Tobacco Oversight and Compliance Board to monitor tobacco industry compliance with this Act. Mandates manufacturer submission and Board disclosure of documents: (1) relating to tobacco health effects (including addiction), manipulation or control of nicotine, or the sale or marketing of tobacco products to children; or (2) produced or ordered to be produced by the manufacturer in State of Minnesota v. Philip Morris, Inc. Title II: FDA Jurisdiction Over Tobacco Products - Declares that the Secretary of Health and Human Services, through the Food and Drug Administration, shall have the authority under the Federal Food, Drug, and Cosmetic Act (FDCA) to regulate the manufacture, labeling, sale, distribution, and advertising of tobacco products. (Sec. 203) Amends the FDCA to include nicotine in tobacco products in the definitions of "drug" and "device." Deems tobacco misbranded if it violates the FDCA or its regulations. Requires that tobacco products be classified as Class II devices. Prohibits the Secretary from prohibiting tobacco products under specified provisions. Sets forth tobacco product performance standard requirements. Declares that a tobacco product is a restricted device. (Sec. 204) Establishes the Scientific Advisory Committee to assist the Secretary regarding a performance standard. Allows a standard involving the reduction or elimination of nicotine, other constituents, or harmful components. Mandates regulations: (1) for the testing, reporting, and disclosure of smoke constituents; and (2) limiting cigarette tar. Deems tobacco products misbranded if there are claims (not scientifically proven) of reduced health risk. Requires manufacturers to: (1) notify the Commissioner of Food and Drugs of any technology that would reduce risk; and (2) permit licensing of the technology to other manufacturers. Allows the Commissioner, on determining the technology feasible, to require manufacturers to either manufacture the less hazardous products or license the technology's use by other manufacturers. Requires the Commissioner, if no manufacturer agrees to manufacture less hazardous products, to provide for the manufacture of the products through the Public Health Service. Allows good manufacturing practice regulations, but prohibits placing burdens on tobacco producers in excess of the burdens placed on other agricultural commodity producers. Mandates annual disclosure to the Secretary of tobacco product ingredients (including added substances and nicotine). Requires ingredient safety assessments and prohibits inclusion of current ingredients with disapproved assessments and new ingredients without approved assessments. Provides for public disclosure. Mandates specified warnings on packaging and in advertising of cigarettes and smokeless tobacco products. Declares that this paragraph does not relieve any person from liability at common law or under State statutory law. Exempts exports from warning requirements. Requires specified use statements on cigarettes and smokeless tobacco describing the product as a nicotine delivery device for persons 18 or older. Allows State and local governments to impose additional controls to limit tobacco use by minors. Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Amends the Occupational Safety and Health Act of 1970 to require the responsible entity for each non-residential public building (regularly entered by at least ten individuals at least one day per week (except portions of a building used as a bar, tobacco merchant, designated smoking hotel room, or prison)) to implement a smoke-free environment policy. Allows designated smoking areas meeting specified requirements. Title IV: Tobacco Market Transition Assistance - Subtitle A: Tobacco Quota Buyout Contracts and Producer Transition Payments - Directs the Secretary of Agriculture to offer to enter into: (1) a buyout contract with the owner of a tobacco basic marketing quota; (2) a producer transition payment contract with producers of quota tobacco that were quota lessees or quota tenants; and (3) a producer nonquota transition payment contract with producers of nonquota tobacco. Requires the contracting quota owners to permanently relinquish the quota and producers (quota and non-quota) to permanently refrain from growing tobacco for which a quota program is in effect. Subtitle B: No Net Cost Tobacco Program - Amends the Agricultural Act of 1949 to extend the termination date of a requirement that producers, purchasers, and importers of tobacco for which price support is available pay a nonrefundable marketing assessment to the Commodity Credit Corporation. Requires that payment amounts be sufficient to cover the costs of the administration of certain tobacco quota and price support programs. Subtitle C: Tobacco Community Empowerment Block Grants - Mandates grants to tobacco States to enable the States to: (1) empower tobacco producers and tobacco manufacturing workers by providing economic alternatives to tobacco; and (2) carry out non-tobacco economic development initiatives in tobacco communities. Title V: Miscellaneous Provisions - Declares that it is the sense of the Senate that: (1) the Congress should increase excise taxes on tobacco products; (2) the tax should be indexed; and (3) the tax should not be deductible.
United States · United States Congress · 12 November 1997
Haitian Refugee Immigration Fairness Act of 1997 - Provides for the permanent resident status adjustment of certain Haitian nationals (and their spouses and children) who were paroled into the United States or filed for amnesty before a specified date. Sets forth stay of removal and work authorization provisions.
![Official portrait of Rep. Kennedy, Joseph P., II [D-MA-8]](https://www.congress.gov/img/member/k000110_200.jpg)