The world's political record
Person
![Official portrait of Rep. Minge, David [D-MN-2]](https://www.congress.gov/img/member/m000795_200.jpg)
United States · Official source
1,020 records where Rep. Minge, David [D-MN-2] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 4 August 1998
Directs the Secretary of Agriculture to temporarily give conservation reserve program enrollment priority to croplands that are in disaster areas or in areas infected with Fusarium graminearum or vomitoxin.
United States · United States Congress · 29 July 1998
Amends the Older Americans Act of 1965 to authorize appropriations for FY 1999 through 2001 for: (1) the Federal Council on the Aging; (2) administration; (3) grants for State and community programs on aging; (4) the availability of surplus commodities; (5) training, research, and discretionary projects and programs; (6) community service employment for older Americans; (7) grants for Native Americans; (8) allotments for vulnerable elder rights protection activities; and (9) the Native American Program. Revises guidelines governing the transfer between specified grant programs of certain Federal funds received by a State.
United States · United States Congress · 23 July 1998
Amends the Water Resources Development Act of 1986, with respect to management of the Upper Mississippi River system, to: (1) provide for the implementation of a combined long-term resource monitoring, computerized data inventory and analysis, and applied research program; (2) revise reporting requirements to require a report every six years beginning December 31, 2004, containing an evaluation of such program, providing updates of a systemic habitat needs assessment, and identifying any needed adjustments in the authorization; (3) extend and increase authorized appropriations; and (4) extend the authorization for the transfer of appropriated amounts between authorized programs. Directs the Secretary of the Army to complete the on-going habitat needs assessment conducted under the Act not later than September 30, 2000, and to include in each six-year report the most recent habitat needs assessment conducted. Permits not more than 80 percent of the non-Federal share of first costs for activities to enhance fish and wildlife resources to be satisfied through in-kind contributions, including facilities, supplies, and services that are necessary to carry out the enhancement project.
United States · United States Congress · 22 July 1998
Torture Victims Relief Act of 1998 - Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance in the form of grants to treatment centers and programs in foreign countries that are carrying out projects or activities specifically designed to treat victims of torture for the physical and psychological effects of such torture. Authorizes appropriations. Authorizes the Secretary of Health and Human Services (HHS) to provide grants to U.S. programs to cover the costs of services for: (1) the rehabilitation of victims of torture, including treatment of the physical and psychological effects of torture; (2) social and legal services for victims of torture; and (3) research and training for health care providers outside of treatment centers. Authorizes appropriations. Authorizes appropriations to the United Nations Voluntary Fund for Victims of Torture. Expresses the sense of the Congress that the President should: (1) request the Fund to find new ways to support and protect treatment centers and programs (including the development of new centers and programs) that are carrying out rehabilitative services for victims of torture; (2) use the U.S. vote to support the work of the Special Rapporteur on Torture and the Committee Against Torture established under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and (3) use the U.S. vote to establish a country rapporteur or similar procedural mechanism to investigate human rights violations in a country if either the Special Rapporteur or the Committee Against Torture indicates that a systematic practice of torture is prevalent in such country. Directs the Secretary of State to provide training for consular officers with respect to torture victims, including gender-specific training on the subject of interacting with women and men who are victims of torture by rape or any other form of sexual violence.
United States · United States Congress · 22 July 1998
Torture Victims Protection Act of 1998 - Prohibits U.S. expulsion or extradition of an individual to a country if there is substantial evidence that such individual would be subject to torture in that country. Establishes special procedural considerations and priorities under the Immigration and Nationality Act for alien torture victims seeking refugee or asylee status, or withholding of removal. Expresses the sense of the Congress that the Attorney General should allocate resources to maintain in the Immigration and Naturalization Service's Resource Information Center materials on the use of torture in foreign countries. Provides for specialized training of immigration, asylum, and consular personnel in identifying and interviewing torture victims.
United States · United States Congress · 16 July 1998
Agricultural Credit Improvement Act of 1998 - Amends the Consolidated Farm and Rural Development Act to prohibit agricultural loan guarantees to borrowers who have received debt forgiveness after a specified date. Authorizes emergency loans to be made to borrowers who have received debt forgiveness after a specified date. (Sec. 3) States that with respect to agricultural real estate, operating, and emergency loans, the primary factor in determining whether an applicant is primarily and directly engaged in farming or ranching shall be whether he or she participates in ongoing farm activities and decision making. (Sec. 4) Increases the respective limits and provides inflation indexing for guaranteed farm ownership and operating loans. (Sec. 5) Eliminates the prohibition on providing beginning farmer direct operating loans to persons who have operated a farm or ranch for more than five years. (Sec. 6) Gives loan and grant priority to projects that encourage farmer-owned value-added processing facilities. (Sec. 7) Requires borrowers under shared appreciation arrangements to be given notice of recapture. (Sec. 8) Provides for reservation and reallocation of specified loan funds for socially disadvantaged farmers and ranchers. (Sec. 9) Prohibits emergency loan denial based upon insufficient collateral if it is reasonably certain that the borrower will be able to repay the loan. (Sec. 10) Provides that under specified conditions a grower-shipper agreement shall not disqualify the applicant-grower from receiving a real estate, operating, or emergency loan.
United States · United States Congress · 14 July 1998
Agriculture Export Relief Act of 1998 - Amends the Arms Export Control Act to exempt, through September 30, 1999, Department of Agriculture assistance for the purchase or other provision of food or other agricultural commodities (including fertilizer, medicines, and medical equipment) from the prohibition against extensions of U.S. Government credit, credit guarantees, or other financial assistance to countries involved in the transfer or use of nuclear explosive devices.
United States · United States Congress · 25 June 1998
1998 International Monetary Fund Appropriations Act - Makes appropriations for FY 1998 for: (1) loans to the International Monetary Fund (IMF) under the New Arrangements to Borrow, including specified amounts for Special Drawing Rights; and (2) an increase in the U.S. IMF quota of Special Drawing Rights. (Sec. 101) Prohibits the obligation of funds for the U.S. IMF quota until 30 days after the Secretary of the Treasury certifies that the major IMF shareholders, including the United States, Japan, Germany, France, Italy, the United Kingdom, and Canada have publicly agreed to, and will seek to implement in the IMF, policies that provide for conditions in standby agreements or other arrangements regarding the use of IMF resources, requiring that the recipient country: (1) liberalize restrictions on trade in goods and services and on investment, at a minimum consistent with the terms of all international trade obligations and agreements; and (2) to eliminate the practice or policy of government directed lending on non- commercial terms or provision of market distorting subsidies to favored industries, enterprises, parties, or institutions. Directs the United States to exert its influence with the IMF and its members to encourage it to include as part of its conditions of stand-by agreements or other uses of the IMF's resources that the recipient country take action to remove discriminatory treatment between foreign and domestic creditors in its debt resolution proceedings. Directs the United States to exert its influence with the IMF and its members to encourage it to include as part of its conditions of assistance that the recipient country take action to adopt modern insolvency laws (bankruptcy) that meet specified goals. (Sec. 102) Directs the Secretary of the Treasury to certify to the appropriate congressional committees that the Board of Executive Directors of the IMF has agreed to provide timely access by the Comptroller General to information and documents relating to IMF operations, program and policy reviews, and decisions regarding stand- by agreements and other uses of IMF resources. (Sec. 103) Directs the President to establish an International Financial Institution Advisory Commission, which shall report to the appropriate congressional committees on the future role and responsibilities, if any, of the IMF and the merit, costs and related implications of consolidation of the organization, management, and activities of the IMF, the International Bank for Reconstruction and Development (World Bank), and the World Trade Organization (WTO). Directs the President to call for a Bretton Woods Conference of representatives of the member countries of IMF, the World Bank, and the WTO to consider the structure, management and activities of such institutions, their possible merger and their capacity to contribute to exchange rate stability and economic growth and to respond effectively to financial crises. (Sec. 105) Requires specified reports. (Sec. 106) Directs the Secretary of the Treasury to certify to the appropriate congressional committees that: (1) no IMF resources have resulted in support to the semiconductor, steel, automobile, shipbuilding, or textile and apparel industries; (2) the IMF has not guaranteed or underwritten the private loans of such industries; and (3) officials from the IMF and the Department of the Treasury have monitored the implementation of stabilization programs in effect after July 1, 1997, and all of the conditions have either been met, or the recipient government has committed itself to fulfill all of the conditions according to an explicit timetable for completion. Requires that such certifications be made 14 days before any IMF resources are disbursed to the borrower. Directs the Secretary of the Treasury to instruct the U.S. Executive Director of the IMF to use his or her voice to oppose disbursement of further funds if such certification is not given. Directs the Secretary of Commerce to establish a team of Department of Commerce employees to: (1) collect data on import volumes and prices, and statistics in certain industries; (2) monitor the effect of the Asian economic crisis on such industries; (3) collect accounting data from Asian producers; and (4) work to prevent import surges in such industries or to assist U.S. industries affected by such surges in their efforts to protect themselves under U.S. trade laws. (Sec. 107) Directs the Secretary of the Treasury to instruct the U.S. Executive Director of the IMF to use the U.S. vote to: (1) prevent the extension of IMF resources directly to or for the direct benefit of the President of Indonesia or any member of the President's family; and (2) oppose further disbursement of funds to Indonesia on any IMF terms or conditions less stringent than those imposed on the Republic of Korea and the Philippines Republic. (Sec. 108) Directs the Secretary of the Treasury to instruct the U.S. Executive Director of the IMF to use the U.S. vote to vigorously promote policies to encourage the opening of markets for agricultural commodities and products by requiring recipient countries to make efforts to reduce trade barriers. (Sec. 109) Directs the Secretary of the Treasury to establish an IMF Advisory Committee to meet with him or her to review and provide advice on the extent to which individual IMF country programs meet certain requisite policy goals. (Sec. 110) Directs the Secretary of the Treasury to consult with the office of the U.S. Trade Representative before instructing the U.S. Executive Director of the IMF on the U.S. position regarding loans or credits to prospective IMF borrower countries.
United States · United States Congress · 19 June 1998
International Arms Sales Code of Conduct Act of 1998 - Directs the President to attempt, through negotiations with all Wassenaar Arrangement countries, to achieve the foreign policy goal of an international arms sales code of conduct that restricts or prohibits arms transfers to countries that: (1) do not respect democratic processes and the rule of law; (2) do not adhere to internationally recognized norms on human rights; or (3) are engaged in acts of armed aggression. Directs the President to report on such negotiations to the appropriate congressional committees.
United States · United States Congress · 17 June 1998
Rural Enterprise Communities Act of 1998 - Amends the Internal Revenue Code to authorize: (1) 33 additional rural enterprise communities (with an extended designation deadline); (2) designation of certain noncontiguous parcels as empowerment zones or enterprise communities; (3) a special designation exception for certain areas based upon emigration, underemployment, or economic adjustment; and (4) empowerment zone eligibility for Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. Provides for: (1) designation priority to be given to top performing enterprise communities; and (2) additional specified grants and grant amounts for rural empowerment zones and rural enterprise communities. Authorizes the Secretary of Agriculture to use certain community planning amounts under the Social Security Act to help communities apply for empowerment zone or enterprise community designation. Amends the Federal Agricultural Improvement and Reform Act of 1996 to authorize conveyance of Department of Agriculture excess property to support empowerment zones and enterprise communities.
United States · United States Congress · 17 June 1998
Skilled Nursing Facility Flexibility Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to change from discretionary to mandatory the authority of the Secretary of Health and Human Services to respond to requests of skilled nursing facilities for private accreditation under the Medicare program (thus requiring such response in the same manner as for other providers of services).
United States · United States Congress · 16 June 1998
Sets forth the rule (open) for the consideration of H.R. 3580 (supplemental appropriations and rescissions).
United States · United States Congress · 11 June 1998
Drugs and Informed Consent Armed Forces Protection Act of 1998 - Amends the Federal Food, Drug, and Cosmetic Act to provide that if the Secretary of Defense submits to the Secretary of Health and Human Services (HHS) a request to waive the requirement of prior informed consent with respect to the administration of a drug to members of the armed forces for investigational use, then any determination by the Secretary of Defense that obtaining such consent is not feasible or is contrary to the best interests of the members involved shall not be effective unless the President provides to the HHS Secretary a written statement concurring in that determination.
United States · United States Congress · 11 June 1998
Persian Gulf War Veterans Health Act of 1998 - Presumes to be service-connected (and therefore compensable or treatable under Federal veterans' benefits provisions) an illness that: (1) the Secretary of Veterans Affairs determines to have a positive association with 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 veteran who was exposed to such agent or hazard by reason of such service. Presumes such exposure unless there is conclusive evidence otherwise. Directs the Secretary to contract with an independent scientific body to establish a panel for reviewing medical and scientific literature to identify those diseases and illnesses associated with exposure of humans or animals to specified pesticides, agents, compounds, particulates, radiation, and pollutants. Requires each disease or illness identified that becomes manifest in a Gulf veteran to be presumed to be service-connected. Authorizes appropriations. Requires the updating of presumed exposures. Enumerates the pesticides, agents, compounds, particulates, radiation, and pollutants to which Gulf veterans shall be presumed to have been exposed. Directs the Secretary to submit to the Congress a plan for establishing a panel to review the statistical occurrence of both diagnosed and undiagnosed illnesses and symptoms among Gulf War veterans and their families. Directs the President to submit to the Congress a plan for the establishment of a permanent expert advisory group to advise the President and the congressional defense and intelligence committees on the adequacy of current U.S. chemical, biological, and radiological defense technologies, procurement practices, and doctrine for defending U.S. forces against both the immediate and chronic consequences of acute and subacute exposures to chemical, biological, radiological, or other genotoxic battlefield materials.
United States · United States Congress · 10 June 1998
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act with respect to investment of the social security trust funds. Repeals authorization for the issuance of public-debt obligations for purchase by the trust funds. Declares that nothing in Federal law shall be construed to authorize the Federal Government to issue such obligations solely for purchase by the trust funds. Requires the Managing Trustee of the trust funds to: (1) ensure that obligations in which investments are made bear interest at a rate at least equal (currently, equal) to the average market yield on all marketable interest-bearing U.S. bonds (thus allowing the interest rate to exceed the average market yield); and (2) compute the average market yield on the basis of market quotations as of the end of the calendar month next preceding the date of purchase (currently, date of issuance). Provides that any description of, or reference to, surplus or deficit totals for the Government in any document or other material prepared by the Office of Management and Budget or by the Congressional Budget Office shall not include the outlays and revenue totals of the social security trust funds.
United States · United States Congress · 9 June 1998
Directs the Comptroller General to study and report to specified congressional committees on: (1) cost savings obtained by telecommunications carriers as a result of enactment of the Telecommunications Act of 1996; (2) the extent to which such savings have been passed through to customers; and (3) additional costs incurred by such carriers as a result of such Act. Requires carriers that include on customer bills a charge or charges attributed to Federal regulatory actions to: (1) specify in such bill any reduction in charges or fees allocable to all classes of customers by reason of such regulatory actions; and (2) submit to the Federal Communications Commission certain disclosure reports required to be submitted by such carriers to the Securities and Exchange Commission under the Securities Exchange Act of 1934.
United States · United States Congress · 20 May 1998
Liberian Refugee Immigration Fairness Act of 1998 - Provides for the permanent resident status adjustment of certain Liberian nationals who were granted, or are eligible to apply for, temporary protected status as of a specified date.
United States · United States Congress · 14 May 1998
TABLE OF CONTENTS: Title I: Price Increase to Discourage Child Tobacco Use Title II: FDA Jurisdiction Over Tobacco Products Title III: Performance Objectives to Reduce Child Tobacco Use Title IV: Smoke-Free Environments Title V: Tobacco Prevention Initiatives Title VI: International Tobacco Control Title VII: Tobacco Accountability Board Title VIII: Payments to States Subtitle A: Resolution of State Actions Subtitle B: State Grants Title IX: Definitions Bipartisan NO Tobacco for Kids Act of 1998 - Title I: Price Increase to Discourage Child Tobacco Use - Requires that the funds raised by this title be used to reduce the public debt, except as provided in titles V and VIII. (Sec. 102) Requires each tobacco manufacturer (defining manufacturer, for this Act, to include importers) to make initial ($10 billion allocated by the manufacturer's share of units manufactured or imported) and annual (50 cents per unit manufactured or imported) payments. Excludes exports. (Sec. 103) Provides for injunctions and civil monetary penalties for failure to comply with regulations under this title. Title II: FDA Jurisdiction Over Tobacco Products - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to add nicotine in tobacco products to the definition of "drug" and add tobacco products to the definition of "device." (Sec. 203) Declares a tobacco product misbranded if it does not comply with section 205 requirements. Amends restricted device provisions to authorize the Secretary of Health and Human Services, if the Secretary determines that there cannot otherwise be reasonable assurances of safety and effectiveness, to require tobacco advertising and promotion restrictions. Prohibits State and local requirements of warnings on labels and in advertising if this Act requires a warning. (Sec. 204) Requires that all provisions of specified existing tobacco regulations be considered lawful and lawfully promulgated under the FDCA. (Sec. 205) Deems, for tobacco products, an action providing appropriate protection of public health to provide a reasonable assurance of safety and effectiveness. Mandates regulations, conforming to specified provisions of the Proposed Resolution between manufacturers and State attorneys general on June 20, 1997: (1) restricting tobacco marketing, advertising, and access (but prohibits restrictions on marketing or advertising that would violate the First Amendment to the Constitution); (2) requiring warnings on cigarette and smokeless tobacco labeling and advertisements; and (3) regarding tobacco product ingredients. Makes it unlawful to advertise tobacco on any electronic medium subject to the jurisdiction of the Federal Communications Commission. Prohibits considering the Secretary of Health and Human Services' failure to approve or disapprove an ingredient's safety within the review period to be approval. Prohibits a manufacturer from stating or implying in labeling or advertising that a product has a reduced health risk unless the Secretary has so determined. Prohibits a State from receiving a grant under subtitle B of title VIII of this Act unless the State has put into law a tobacco control program conforming to the model State program established by the Secretary. Mandates establishment of that model program, including in its requirements State retail licensure, a prohibition of tobacco purchase for resale or distribution to individuals under 18, compliance inspection conduct and frequency, State performance objectives, and violations penalties. Requires, if a State fails to implement a conforming program or fails to achieve the performance objectives, that the Secretary withhold up to 20 percent of the grant to the State under subtitle B of title VIII of this Act. Mandates a Federal retail licensing program for retailers on Federal property, retailers in a State without an effective program conforming to the model program, and others as specified by the Secretary. Authorizes the Secretary to order a State-licensed retailer in violation of this Act to suspend or cease tobacco sales. Treats Indian tribes and tribal organizations as a State regarding retailers operating on Indian reservations. (Sec. 206) Adds violation of any FDCA tobacco requirement to the list of FDCA prohibited acts. Authorizes the Secretary to disclose tobacco information to the public if the Secretary determines it appropriate to protect public health. (Sec. 207) Repeals the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986. Title III: Performance Objectives to Reduce Child Tobacco Use - Mandates an annual survey regarding the percentage of children using each manufacturer's tobacco product. (Sec. 302) Requires each manufacturer to have a performance objective of reducing its child tobacco use by specified percentages. Requires, if the reductions are not met, price increases and, for subsequent consecutive year failures, sales by carton minimum and packaging in black on a white background. (Sec. 306) Makes failure to comply with this title's requirements an FDCA prohibited act. (Sec. 307) Requires that the annual survey determine the use level for children of different racial and ethnic backgrounds. Mandates, if use is increasing (or not decreasing at a proportionate rate) among children of a racial or ethnic background, recommendations to the Congress regarding reducing the level for those children. Title IV: Smoke-Free Environments - Requires the responsible entity for each public facility (any building in which activities substantially affecting interstate commerce occur, subject to exceptions for locations such as residential buildings, on-sale alcoholic beverage establishments, and prisons) to implement a smoke-free environment policy meeting specified requirements. Allows smoking areas meeting certain requirements. (Sec. 402) Authorizes an action to enforce this title (by injunction or civil monetary penalty) by any aggrieved person, State or local governmental agency, or the Administrator of the Environmental Protection Agency, allowing the award of litigation costs (including attorney's and expert fees) to any prevailing party. Authorizes the court to order that the civil penalties be used for projects furthering this title. Prohibits compensatory and punitive damages. (Sec 403) Authorizes the Administrator to extend the smoke-free policy requirement to certain otherwise-exempt facilities if the Administrator determines that the extension is appropriate to protect the public health. (Sec. 405) Declares that this title does not preempt or affect any other Federal, State, or local law providing protection from environmental tobacco health hazards. Title V: Tobacco Prevention Initiatives - Requires that funds be made available (from annual manufacturer payments under section 102) to the Secretary of Health and Human Services, without fiscal year limitation, for: (1) a national public awareness campaign to discourage tobacco use; (2) the implementation of FDCA tobacco provisions, title III of this Act, and Tobacco Accountability Board provisions of this Act; (3) tobacco use cessation programs (mandating grants); (4) research on nicotine addiction, cessation, and prevention; and (5) tobacco surveillance and epidemiology research. Requires that certain programs under this title: (1) take into account the needs of minority populations; and (2) be age, culturally, and linguistically appropriate for those populations. Title VI: International Tobacco Control - Mandates regulations to prohibit domestic concerns from directly or indirectly: (1) selling or distributing tobacco in a foreign country without warning labels appropriate to protect public health; or (2) selling or distributing tobacco in a foreign country to children or advertising or promoting it in a way that appeals to children. Adds violations to the list of FDCA prohibited acts. (Sec. 602) Prohibits any U.S. officer, employee, department, or agency from: (1) promoting tobacco export or foreign sale, manufacture, promotion, distribution, or use; or (2) subject to exception, seeking the removal or reduction of foreign restrictions on tobacco importation, exportation, sale, manufacture, promotion, distribution, tariffs, or taxes. (Sec. 603) Establishes in the Treasury the International Tobacco Control Trust Fund, to be funded by payments under section 605. Provides for the use of Fund amounts for: (1) the American Center on Global Health and Tobacco; (2) grants and other assistance to foreign governments, nongovernmental organizations, and international organizations for foreign tobacco control; and (3) enforcement of any requirement regarding foreign tobacco sale, distribution, or promotion. (Sec. 604) Establishes the American Center on Global Health and Tobacco (ACT) as a private, nonprofit corporation, requiring it to assist foreign organizations to reduce and prevent tobacco use, including through public awareness campaigns and youth-oriented and community-based programs. (Sec. 605) Requires each domestic concern that manufactures tobacco in a foreign country (or controls a person who does so) to annually pay to the Fund a specified amount per unit manufactured. (Sec. 606) Mandates regulations to reduce tobacco smuggling in interstate and foreign commerce. (Sec. 607) Expresses the sense of the Congress that the Government should support implementation of the International Framework Convention on Tobacco Control through all available resources. Title VII: Tobacco Accountability Board - Establishes the Tobacco Accountability Board as an independent board. Requires each tobacco manufacturer to submit to the Board all documents in the manufacturer's possession: (1) relating to tobacco health effects (including addiction), the manipulation of nicotine, or tobacco sale or marketing to children; or (2) produced or ordered to be produced in a named civil action. Requires the Board to make the documents available to the public. Exempts trade secrets from public disclosure unless the Board determines that disclosure is appropriate to protect the public health. (Sec. 703) Requires the Board to investigate all matters relating to tobacco and public health and report to the Congress annually. (Sec. 705) Empowers the Board to bring an action to enjoin a failure to comply with this title or to impose a civil monetary penalty. (Sec 707) Prohibits discrimination against an individual as a reprisal for disclosing information regarding a violation of tobacco-related law. Applies to whistleblowers existing provisions of Federal law allowing whistleblowers to receive a portion of any false claims amounts recovered. Title VIII: Payments to States - Subtitle A: Resolution of State Actions - Allows a State to elect to receive payments under section 802 instead of seeking recovery from manufacturers for health care costs attributable to tobacco use. Prohibits a State that so elects from seeking recovery from manufacturers, except for actions after enactment of this Act or for criminal prosecutions. (Sec. 802) Directs the Secretary of the Treasury to pay to any State so electing the amount the State would have received under the Proposed Resolution between manufacturers and State attorneys general. Requires a State to pass payments through to local governments in proportion to the local government's tobacco use health care costs. Makes a State that fails to pass through payments ineligible for this section's future payments. (Sec. 803) Exempts a manufacturer from the portion of the section 102 payments that will be provided to States under this title if the manufacturer: (1) resolved tobacco-related civil actions with more than 25 States before 1998; (2) provided to all other States the opportunity to enter into substantially similar settlements; and (3) manufactures less than three percent of all cigarettes manufactured or imported in the United States. Subtitle B: State Grants - Requires that funds be made available annually from amounts paid under section 102, without fiscal year limitation, for grants to States with approved child-oriented or community-based programs to discourage tobacco use. (Sec. 812) Amends title XIX (Medicaid) of the Social Security Act to authorize payment to States for a specified percentage of the State's Medicaid expenditures for tobacco use cessation programs. Title IX: Definitions - Sets forth definitions for this Act.
United States · United States Congress · 14 May 1998
Amends the Internal Revenue Code to set forth provisions for: (1) a small employer (100 or fewer employees) retirement plan; (2) a credit for the expenses of establishing such a plan; and (3) a model small employer retirement plan.
United States · United States Congress · 12 May 1998
Reinstatement of the Medicare Rehabilitation Benefit Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to repeal the financial limitation on rehabilitation services under part B (Supplementary Medical Insurance) of the Medicare program. Provides that for outpatient physical therapy services, outpatient occupational therapy services, and outpatient speech-language pathology services covered under Medicare and furnished on or after January 1, 2000, the Secretary of Health and Human Services shall implement a new payment methodology based on the classification of individuals by diagnostic category, functional status, and prior use of services in both inpatient and outpatient settings. Requires that such payment methodology be designed so that, taking into account the increased expenditures resulting from this Act, it does not result in any increase or decrease in the expenditures under Medicare on a fiscal year basis.
United States · United States Congress · 7 May 1998
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act with respect to investment of the social security trust funds. Repeals authorization for the issuance of public-debt obligations for purchase by the trust funds. Declares that nothing in Federal law shall be construed to authorize the Federal Government to issue such obligations solely for purchase by the trust funds. Requires the Managing Trustee of the trust funds to: (1) ensure that obligations in which investments are made bear interest at a rate at least equal (currently, equal) to the average market yield on all marketable interest-bearing U.S. bonds (thus allowing the interest rate to exceed the average market yield); and (2) compute the average market yield on the basis of market quotations as of the end of the calendar month next preceding the date of purchase (currently, date of issuance). Requires such obligations also to be subject to an option to redeem at any time at the purchase price. Provides that any description of, or reference to, surplus or deficit totals for the Government in any document or other material prepared by the Office of Management and Budget or by the Congressional Budget Office shall not include the outlays and revenue totals of the social security trust funds.
United States · United States Congress · 30 April 1998
Declares that a specified final rule relating to the Organ Procurement and Transplantation Network has no legal effect. (The rule requires that: (1) organs be allocated among transplant candidates in order of decreasing medical urgency status, with waiting time in status used to break ties within status groups; and (2) neither place of residence nor place of listing be a major determinant of access to a transplant.)
United States · United States Congress · 22 April 1998
Charles Butler McVay and U.S.S. INDIANAPOLIS Relief Act - Exonerates the late rear admiral Charles Butler McVay III, United States Navy (retired), from responsibility for the sinking of the U.S.S. INDIANAPOLIS on July 30, 1945, while under his command. Expresses the sense of the Congress that the subsequent court-martial conviction of McVay was a grave injustice. Urges the President to grant McVay a posthumous pardon. Expresses the sense of the Congress that the President should award a Presidential Unit Citation to the final crew of the INDIANAPOLIS in recognition of their courage and fortitude displayed in the face of tremendous adversity after their ship was torpedoed and sunk by the Japanese navy.
United States · United States Congress · 1 April 1998
Selective Agricultural Embargoes Act of 1998 - Amends the Agricultural Trade Act of 1978 to direct the President, if he or she takes action to embargo the export under an export sales contract of an agricultural commodity to a country that is not part of an embargo on all exports to the country, to report to the Congress, not later than five days after imposing the embargo, on the reasons for such embargo and its proposed duration. Sets forth congressional procedures for termination of the embargo. Directs exporters of certain agricultural commodities (including plant nutrient materials) to report on a weekly basis to the Secretary of Agriculture certain information regarding their export under an export sales contract.
United States · United States Congress · 1 April 1998
Child Custody Protection Act - Amends the Federal criminal code to prohibit and set penalties for transporting an individual under age 18 across a State line to obtain an abortion if the requirements of a law in the State where the individual resides, requiring parental involvement in a minor's abortion decision, are not met before obtaining the abortion. Makes an exception if the abortion was necessary to save the life of the minor. Authorizes any parent or guardian who suffers legal harm from a violation to obtain appropriate relief in a civil action.
United States · United States Congress · 1 April 1998
Manufactured Housing Improvement Act - Amends the National Manufactured Housing Construction and Safety Standards Act of 1974 to revise Federal construction and safety provisions for manufactured homes based upon a consensus standards development process. Eliminates the National Manufactured Home Advisory Council.
United States · United States Congress · 1 April 1998
Farm and Ranch Risk Management Act - Amends the Internal Revenue Code to allow individuals engaged in eligible farming businesses to deduct from gross income for any taxable year the amount (limited to 20 percent of the individual's taxable income for the year) paid into an interest-bearing Farm and Ranch Risk Management (FARRM) Account, created for the taxpayer's exclusive benefit. Requires withdrawal of contributions within five years, upon which they are taxable as ordinary income in the year of withdrawal. Deems a distribution, subject to income tax, of any deposits not actually distributed within five years, and prescribes an additional penalty tax of ten percent of any such deemed distribution.
United States · United States Congress · 31 March 1998
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 · 25 March 1998
Family Farm Safety Net Act of 1998 - Amends the Agricultural Market Transition Act to revise marketing assistance loan formula ceilings for wheat, corn (feed grains), upland and extra long staple cotton, and soybeans and other oilseeds. Authorizes six-month loan extensions. Amends the Consolidated Farm and Rural Development Act to give rural industrial assistance priority to projects that encourage farmer-owned value-added processing facilities.
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: Continuing the Commitment of the Violence Against Women Act Subtitle A: Law Enforcement and Prosecution Grants to Combat Violence Against Women Subtitle B: National Domestic Violence Hotline Subtitle C: Battered Women's Shelters and Services Subtitle D: Community Initiatives Subtitle E: Education and Training for Judges and Court Personnel Subtitle F: Grants to Encourage Arrest Policies Subtitle G: Rural Domestic Violence and Child Abuse Enforcement Subtitle H: National Stalker and Domestic Violence Reduction Subtitle I: Federal Victims' Counselors Subtitle J: Education and Prevention Grants to Reduce Sexual Abuse of Runaway, Homeless, and Street Youth Subtitle K: Victims of Child Abuse Programs Title II: Limiting the Effects of Violence of Children Subtitle A: Safe Havens for Children Subtitle B: Violence Against Women Prevention Among Youth in Schools Subtitle C: Family Safety Subtitle D: Domestic Violence and Children Subtitle E: Child Welfare Worker Training on Domestic Violence and Sexual Assault Subtitle F: Child Abuse Accountability Title III: Sexual Assault Prevention Subtitle A: Rape Prevention Education Subtitle B: Standards, Practice and Training for Sexual Assault Examinations Subtitle C: Prevention of Custodial Sexual Assault by Correction Staff Subtitle D: Hate Crimes Prevention Title IV: Domestic Violence Prevention Subtitle A: Domestic Violence Victims' Housing Subtitle B: Full Faith and Credit for Protection Orders Subtitle C: Victims of Abuse Insurance Protection Subtitle D: National Summit on Sports and Violence Subtitle E: Keeping Firearms From Intoxicated Persons Subtitle F: Access to Safety and Advocacy Subtitle G: Federal Witness Protection for Victims of Domestic Violence Title V: Violence Against Women in the Military System Subtitle A: Civil Jurisdiction for Crimes of Sexual Assault and Domestic Violence Subtitle B: Transitional Compensation and Health Care for Abused Dependents of Members of the Armed Forces Title VI: Preventing Violence Against Women in Traditionally Underserved Communities Subtitle A: Older Women's Protection From Violence Subtitle B: Protection Against Violence and Abuse for Women with Disabilities Subtitle C: Battered Immigrant Women Subtitle D: Conforming Amendments to the Violence Against Women Act Title VII: Violence Against Women and the Workplace Subtitle A: National Clearinghouse on Domestic Violence and Sexual Assault and the Workplace Grant Subtitle B: Victims' Employment Rights Subtitle C: Workplace Violence Against Women Prevention Tax Credit Subtitle D: Battered Women's Employment Protection Subtitle E: Education and Training Grants to Promote Responses to Violence Against Women Subtitle F: Workers' Compensation Title VIII: Educational Institutions and Violence Against Women Subtitle A: Grants to Reduce Violent Crimes Against Women on Campus Subtitle B: Student Safety Subtitle C: Violence against Women Training for Health Professions Subtitle D: Campus Hate Crimes Right to Know Title IX: Violence Against Women Intervention, Prevention, and Education Research Violence Against Women Act of 1998 - Title I: Continuing the Commitment of the Violence Against Women Act - Subtitle A: Law Enforcement and Prosecution Grants to Combat Violence Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (the Act) to authorize appropriations for grants to combat violent crimes against women. (Sec. 102) Revises grant allocation guidelines governing prosecution grants, victims' services and State court systems. Expands grant purposes to include training that addresses sexual assault, domestic violence, and stalking for State, local, and tribal judicial personnel. Directs the Attorney General to deny State grant applications that fail to provide documentation of collaborative efforts with other agencies or organizations. Redefines "victims' services" to include advocacy and assistance for victims seeking legal, social, and health care services. (Sec. 103) Directs the Attorney General to make grants to State domestic violence and sexual assault coalitions for purposes of coordinating with: (1) victim services activities; and (2) Federal, State, and local entities engaged in violence-against-women activities. Subtitle B: National Domestic Violence Hotline - Amends the Family Violence Prevention and Services Act (FVPSA) to authorize increased appropriations for the national domestic violence hotline grant. Requires grantees to submit a grant evaluation report to the Secretary of Health and Human Services (the HHS Secretary) for publication and public comment as a prerequisite to a grant award or renewal. Subtitle C: Battered Women's Shelters and Services - Battered Women's Shelters and Services Act - Amends the FVPSA to authorize appropriations for State grants. Modifies guidelines governing: (1) allotment of appropriations; (2) grants for information and technical assistance centers; and (3) authorization of appropriations. (Sec. 123) Instructs the HHS Secretary to award grants for: (1) State domestic violence coalitions and local domestic violence programs providing shelter or related assistance, in order to develop model strategies to address domestic violence in underserved populations; (2) each State domestic violence coalition for an emergency assistance fund for domestic violence victims; and (3) technical assistance and training for State and local domestic violence programs. Subtitle D: Community Initiatives - Authorizes appropriations for demonstration grants for community initiatives. Subtitle E: Education and Training for Judges and Court Personnel - Amends the Equal Justice for Women in the Courts Act of 1994 to permit training grants for judges and court personnel to include: (1) child custody, visitation, and safety issues raised by domestic violence and child sexual assault; and (2) the extent to which addressing domestic violence and victim safety contributes to the efficient administration of justice. Authorizes appropriations. Subtitle F: Grants to Encourage Arrest Policies - Amends the Act to reauthorize appropriations to implement the functions of the Bureau of Justice Statistics. (Sec. 153) Mandates that at least five percent of appropriated funds be used for grants to Indian tribal governments to treat domestic violence as a serious violation of criminal law. Subtitle G: Rural Domestic Violence and Child Abuse Enforcement - Amends the Safe Homes for Women Act of 1994 to authorize appropriations for rural domestic violence and child abuse enforcement. Mandates that five percent of such funds be used for grants to Indian tribal governments. Subtitle H: National Stalker and Domestic Violence Reduction - Amends the Safe Homes for Women Act of 1994 to authorize appropriations for grants to enter stalking and domestic violence data into crime information databases. Subtitle I: Federal Victims' Counselors - Amends the Safe Streets for Women Act of 1994 to authorize appropriations for the United States Attorneys to appoint Victim-Witness counselors for the prosecution of domestic violence and sexual assault crimes. Subtitle J: Education and Prevention Grants to Reduce Sexual Abuse of Runaway, Homeless, and Street Youth - Amends the Runaway and Homeless Youth Act to authorize appropriations for street-based outreach and education to prevent sexual abuse and exploitation. Subtitle K: Victims of Child Abuse Programs - Amends the Victims of Child Abuse Act of 1990 to authorize appropriations for: (1) the court-appointed special advocate program; and (2) child abuse training programs for judicial personnel and practitioners. (Sec. 191-3) Amends the Act to authorize appropriations for grants for closed-circuit televising of testimony of child abuse victims. Title II: Limiting the Effects of Violence on Children - Subtitle A: Safe Havens for Children - Authorizes the Attorney General to award grants to public or private nonprofit nongovernmental entities to establish and operate supervised visitation centers. Authorizes appropriations. Subtitle B: Violence Against Women Prevention Among Youth in Schools - Authorizes appropriations for the Secretary of Education to implement a program in primary, middle, and secondary schools to educate young people about violence against women. Subtitle C: Family Safety - Family Safety Act - Amends the Parental Kidnapping Prevention Act of 1980 to include among its purposes: (1) the promotion of cooperation between State and tribal courts to protect parents and children from domestic violence or sexual assault; (2) the promotion of realistic and protective standards for interstate relocation when parents dispute custody; (3) the avoidance of jurisdictional conflicts between State courts in matters of child custody and visitation consistent with not endangering or inappropriately punishing parents who are victims of domestic violence, or children who are victims of sexual assault. (Sec. 233) Amends Federal criminal law to provide as a defense to prosecution of either a criminal custodial interference or parental abduction charge, or criminal contempt of court relating to an underlying child custody or visitation determination, that the defendant was fleeing an incident or pattern of domestic violence or sexual assault of the child, or would otherwise have a defense under the International Parental Kidnapping Prevention Act. Directs the Attorney General to issue guidelines to assist U.S. Attorneys and the Federal Bureau of Investigation to determine whether to initiate or terminate an action due to the potential availability of such defense. (Sec. 234) Amends the Judicial Code to declare that the intent of full faith and credit doctrine in child custody determinations is to preempt inconsistent State law. Declares that a protection order regarding custody and visitation of a minor child that is consistent with this Act shall be given full faith and credit by the courts of any State where the party who sought the order seeks enforcement. Modifies State court jurisdiction guidelines governing: (1) relocation of the child due to domestic violence or sexual assault; and (2) court authority to decline to exercise jurisdiction on behalf of parents engaged in specified conduct. Subtitle D: Domestic Violence and Children - Expresses the sense of the Congress that for purposes of determining child custody: (1) it is in the best interest of children to have a presumption that their main physical residence should be with their primary caretaker parent unless such parent is unfit; (2) child abuse and sexual abuse allegations should be fully investigated regardless of when raised, or whether the child has withdrawn the allegation; (3) States should not order specified measures if they may endanger either parent or child; and (4) States should provide training to all relevant professionals on how domestic violence and sexual assault affects determinations of custody, child support, and visitation. Subtitle E: Child Welfare Worker Training on Domestic Violence and Sexual Assault - Directs the Attorney General to make grants jointly with the HHS Secretary to enable child welfare service agencies to train their staffs and modify their policies, procedures, programs, and practices in order to make them consistent with specified principles and goals. Sets forth grantee eligibility criteria. Authorizes appropriations. Subtitle F: Child Abuse Accountability - Child Abuse Accountability Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code of 1986 to permit the assignment or alienation of any pension benefit payable to a participant pursuant to a qualified child abuse order. Exempts qualified child abuse orders from preemption by ERISA. Title III: Sexual Assault Prevention - Subtitle A: Rape Prevention Education - Amends the Public Health Service Act to require the use of certain State funds for rape prevention and education programs conducted by rape crisis centers and nonprofit State sexual assault coalitions for specified programs. (Sec. 301) Instructs the HHS Secretary to establish a National Resource Center on Sexual Assault to provide resource information, policy, training, and technical assistance to Federal, State, and Indian tribal agencies, State and local sexual assault coalitions and programs, and to other interested parties. Mandates that State grantors ensure that at least 25 percent of the funds are devoted to educational programs targeted for middle school, junior high, and high school aged students. Authorizes appropriations. Subtitle B: Standards, Practice, and Training for Sexual Assault Examinations - Standards, Practice, and Training for Sexual Assault Examinations Act - Directs the Attorney General to: (1) evaluate standards of training and practice for licensed health care professionals performing sexual assault forensic examinations, and develop a national recommended training standard; (2) recommend sexual assault examination training for health care students to improve recognition of injuries suggestive of rape and sexual assault; and (3) establish a mechanism for nationwide dissemination of a national protocol on sexual assault for forensic examinations. Authorizes appropriations. Subtitle C: Prevention of Custodial Sexual Assault by Correctional Staff - Prevention of Custodial Sexual Assault by Correctional Staff Act - Directs the Attorney General to establish and disseminate to the States certain guidelines regarding the prevention of custodial sexual misconduct by correctional staff. Requires withholding of specified correctional facilities funds from any State that fails to implement: (1) such guidelines; or (2) criminal penalties explicitly prohibiting custodial sexual misconduct by correctional staff against prisoners. (Sec. 335) Directs the Attorney General to create a national, confidential, toll-free telephone hotline to collect data, and to provide information and assistance to prisoners who have experienced custodial sexual misconduct by corrections staff. Authorizes appropriations. Subtitle D: Hate Crimes Prevention - Hate Crimes Prevention Act of 1998 - Amends Federal criminal law to establish criminal penalties for willfully causing bodily injury because of a person's race, color, religion, or national origin. (Sec. 345) Directs the United States Sentencing Commission to study the issue of adult recruitment of juveniles to commit hate crimes, and, where appropriate, to amend Federal sentencing guidelines to provide sentencing enhancements for adult defendants who do such recruiting. (Sec. 346) Directs the Administrator of the Department of Justice Office of Juvenile Justice and Delinquency Prevention to make grants to State and local programs to combat hate crimes committed by juveniles. (Sec. 347) Authorizes appropriations for the Department of the Treasury and the Department of Justice (including the Community Relations Service), to increase the number of personnel to prevent and respond to such hate crimes. Title IV: Domestic Violence Prevention - Subtitle A: Domestic Violence Victims' Housing - Domestic Violence Victims Housing Act - Authorizes appropriations under the United States Housing Act of 1937 solely for public housing agencies and qualified nonprofit organizations to provide tenant-based rental assistance for families leaving a residence due to domestic violence. Subtitle B: Full Faith and Credit for Protection Orders - Amends Federal criminal law to require the Attorney General to reduce the amount of certain grants to any State that fails to comply with Federal full faith and credit requirements for protection orders. (Sec. 412) Authorizes the Attorney General to provide grants to assist governmental entities to develop and strengthen law enforcement and recordkeeping strategies to enforce protective orders issued by other governmental entities. Authorizes appropriations. Subtitle C: Victims of Abuse Insurance Protection - Victims of Abuse Insurance Protection Act - Prohibits an insurer from denying or restricting insurance coverage on the basis that the applicant or insured (or any employee or associated person) is, has been, or may be the subject of abuse or has incurred or may incur abuse-related claims. Confers enforcement jurisdiction upon the Federal Trade Commission. Authorizes a private cause of action by an applicant or insured adversely affected by a violation of this Act. Subtitle D: National Summit on Sports and Violence - Expresses the sense of the Congress that: (1) a national summit should be promptly convened to develop a multifaceted action plan to deter acts of violence, especially domestic violence and sexual assault; (2) the members of such summit should include sports, community, political, and media leaders, as well as Members of Congress and other governmental and community leaders with relevant expertise; and (3) summit members should assume leadership roles deterring acts of domestic violence and sexual assault. Subtitle E: Keeping Firearms from Intoxicated Persons - Amends Federal criminal law to declare unlawful the transfer of a firearm or ammunition to any person reasonably believed to be intoxicated. Subtitle F: Access to Safety and Advocacy - Access to Safety and Advocacy Act - Authorizes the Attorney General to make grants to designated grantees and services to improve legal assistance to victims of domestic violence through access to the justice system, legal advocacy, and representation. Authorizes appropriations. Subtitle G: Federal Witness Protection for Victims of Domestic Violence - Amends Federal criminal law to include victims of domestic violence within the Federal Witness Protection Program. Title V: Violence Against Women in the Military System - Subtitle A: Civilian Jurisdiction for Crimes of Sexual Assault and Domestic Violence - Amends Federal criminal law to declare that domestic violence and sexual assault offenses committed by persons formerly serving with, or presently employed by or accompanying the armed forces outside of the United States shall be subject to prosecution in the Federal District Court of the jurisdiction of origin of the person arrested. Provides for concurrent jurisdiction with other military tribunals and foreign governments. (Sec. 502) Amends Federal law governing separation from the armed forces to mandate that: (1) a copy of records of any penal action taken against the departing member of the armed forces be transmitted to the Director of the Federal Bureau of Investigation (FBI); and (2) any member convicted by court-martial of an offense of a sexual nature provide whatever specimen is necessary to conduct DNA analysis for inclusion in the Combined DNA Identification System of the FBI. Subtitle B: Transitional Compensation and Health Care for Abused Dependents of Members of the Armed Forces - Revises Federal guidelines governing transitional compensation and health care for abused dependents of former members of the armed forces. Mandates that an abused dependent of a former member be furnished with medical, dental, and mental health care in uniformed services' facilities with the same eligibility and benefits as were applicable during the former member's active service. Title VI: Preventing Violence Against Women in Traditionally Underserved Communities - Subtitle A: Older Women's Protection From Violence - Older Women's Protection From Violence Act - Chapter 1: Violence Against Women Act of 1994 - Amends the Violence Against Women Act of 1994 to direct the Attorney General to: (1) make grants to law school clinical programs to fund the inclusion of cases addressing issues of elder abuse, neglect, and exploitation, including domestic violence, and sexual assault against older individuals; and (2) develop curricula and provide for training programs in those issues for law enforcement officers and prosecutors. Authorizes appropriations. Chapter 2: Family Violence Prevention and Services Act - Amends the Family Violence Prevention and Services Act to require federally-funded State domestic violence coalitions to include within their scope of activities programs targeted to older individuals, including outreach, support groups, and counseling. (Sec. 604-3) Authorizes entities eligible for a community initiatives demonstration grant to include representatives of adult protective services entities. Chapter 3: Older Americans Act of 1965 - Amends the Older Americans Act of 1965 to direct the Assistant Secretary of Health and Human Services for Aging to consider the importance of research about the sexual assault of older women when establishing research priorities for grants or contracts for research and demonstration projects on elder abuse. (Sec. 605-3) Authorizes appropriations without fiscal year limitation for grants to implement a State long-term care ombudsman program. (Sec. 605-4) Directs such Assistant Secretary to develop curricula and implement continuing education training programs to improve the ability of health care and social services providers to recognize and address instances of elder abuse. (Sec.605-5) Directs the Assistant Secretary, when making grants and contracts, to give special consideration to projects designed to: (1) expand access to domestic violence shelters and programs for older individuals and encourage the use of certain facilities as emergency short-term shelters; and (2) promote research on legal, organizational, or training impediments to providing services to older individuals through shelters and programs. (Sec. 605-6) Authorizes appropriations for the ombudsman and the elder abuse prevention program. (Sec. 605-7) Directs the HHS Secretary to make grants to: (1) nonprofit private organizations to support projects in local communities to coordinate activities for intervention in and prevention of elder abuse, including domestic violence and sexual assault; and (2) develop outreach programs for assisting victims of elder abuse, including some for assisting individuals in certain senior housing facilities. Authorizes appropriations. Chapter 4: Public Health Service Act - Elder Abuse Identification and Referral Act of 1998 - Amends the Public Health Service Act to instruct the HHS Secretary, when awarding grants or contracts, to give preferences to health professions schools or programs that condition the awarding of their degrees or certificates upon significant student training in specified areas of elder abuse identification and treatment. Subtitle B: Protection Against Violence and Abuse for Women with Disabilities - Protections Against Violence and Abuse for Women with Disabilities Act - Makes the protection of women with disabilities eligible for grants and research under the following Acts: (1) the Omnibus Crime Control and Safe Streets Act of 1968; (2) Public Health and Human Services Act; (3) Family Violence Prevention and Services Act; (4) Safe Homes for Women Act of 1994; and Equal Justice for Women in the Courts Act of 1994. (Sec. 617) Authorizes the HHS Secretary to: (1) develop curricula and implement training programs to improve the ability of social service and health providers to recognize and address domestic violence directed against women with disabilities; and (2) make grants and enter into contracts for such training programs for health professionals. Authorizes appropriations. (Sec. 619) Directs the HHS Secretary to consider the importance of research about the sexual assault of, and violence against, women with disabilities in establishing certain research priorities. (Sec. 619-1) Authorizes the Attorney General to establish a grants program for States and nongovernmental private entities to provide education and technical assistance for information dissemination on abuse and violence against women with disabilities. Authorizes appropriations. Subtitle C: Battered Immigrant Women - Battered Immigrant Women's Protection Act - Expresses the sense of the Congress that it is contrary to the law enforcement purposes of the Violence Against Women Act for State law enforcement officers, prosecutors, or judges to: (1) inquire into the immigration status of a domestic violence victim who is seeking protection from crimes of domestic violence, battering, or extreme cruelty to herself or her children; and (2) report such victims to the Immigration and Naturalization Service. (Sec. 623) Amends the Immigration and Nationality Act to revise guidelines governing a battered spouse or child with respect to: (1) cancellation of removal and adjustment of status; (2) ineligibility for visas or admission; (3) procedures for granting immigrant status; (4) general classes of deportable aliens; (5) status adjustment of nonimmigrant to that of person admitted for permanent residence; (6) removal proceedings; and (7) married persons and employees for certain nonprofit organizations. (Sec. 630) Authorizes the Attorney General to grant certain battered applicants documentation signifying authorization of employment during the pendency of their application. (Sec. 631) Amends the Privacy Act of 1974 to permit Federal agency disclosure of records to the spouse or child of a naturalized citizen or lawful permanent resident who requests information from the Immigration and Naturalization Service regarding the immigration status of their spouse or parent, or who needs to obtain documentation for an immigration case or domestic violence-related judicial procedure. Excludes from such disclosure the records of victims of battering or extreme cruelty by a spouse or parent. (Sec. 632) Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to redefine "qualified alien" to include certain battered aliens for purposes of welfare and public benefits eligibility. Amends the Housing and Community Development Act of 1980, the Social Security Act, and the United States Housing Act of 1937, to declare restrictions on the use of assisted housing inapplicable to certain battered aliens. (Sec. 633) Amends the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1998 to provide that requirements and restrictions placed upon Legal Services Corporation funding shall not be construed to prohibit a recipient from providing related legal assistance to certain aliens who have been battered or subjected to extreme cruelty. (Sec. 634) Amends the Act to require each branch of the U.S. military to train its supervisory military officers in domestic violence dynamics in military families, and the protections available for battered immigrant women and children. Expands the purposes of training grants to combat violent crimes against women to include: (1) training immigration and asylum officers and judges; and (2) training justice system personnel on the judicial ramifications of the Violence Against Women Act, and the potential immigration consequences for perpetrators of domestic violence. (Sec. 635) Amends the Immigration and Nationality Act to express the intent of the Congress that statutory constraints upon the powers of immigration personnel not be construed as discouraging crime and domestic violence victims from reporting crimes to the police, from cooperating in criminal prosecutions, or from obtaining the legal relief needed for protection from ongoing violence. Subtitle D: Conforming Amendments to the Violence Against Women Act - Amends the Act to make technical and conforming amendments with respect to law enforcement and prosecution grants. Title VII: Violence Against Women and the Workplace - Subtitle A: National Clearinghouse on Domestic Violence and Sexual Assault and the Workplace Grant - Authorizes the Attorney General to award a grant to a private non-profit entity, including one operating within the boundaries of an Indian reservation, to provide for establishment of a national clearinghouse and resource center to disseminate information and assistance to employers and labor organizations responding to victims of domestic violence and sexual assault. Authorizes appropriations. Subtitle B: Victims' Employment Rights - Victims' Employment Rights Act - Prohibits an employer from taking any adverse job action against an employee based upon such employee's status, experience, or condition as a victim of crime, even if the crime alleged does not result in criminal prosecution or conviction. Prohibits any adverse job action for an employee's participation in related judicial proceedings requiring absence from work. Prescribes enforcement guidelines, including civil action by an affected employee for actual and treble punitive damages. Subtitle C: Workplace Violence Against Women Prevention Tax Credit - Workplace Violence Against Women Prevention Tax Credit Act - Amends the Internal Revenue Code to allow an employer a workplace safety program tax credit for 40 percent of the costs of implementing workplace safety and education programs to combat violence against women. Subtitle D: Battered Women's Employment Protection - Battered Women's Employment Protection Act - Amends the Internal Revenue Code of 1986 to provide for unemployment compensation for separation from employment as a direct result of an employee's experience of domestic violence. (Sec. 743) Amends the Social Security Act to provide for the training of claims reviewers and hearing personnel in the nature and dynamics of domestic violence, and in methods of ascertaining and keeping confidential information about domestic violence experiences so that employment separations stemming from such violence are identified and adjudicated while full confidentiality is provided for the employee's claim and submitted evidence. (Sec. 744) Amends the Family and Medical Leave Act of 1993 and the provisions concerning Federal employees to establish an entitlement for leave resulting from certain domestic violence situations. Prescribes confidentiality guidelines for an employee's situation of domestic violence. Requires that employees, under State law, be permitted to use existing leave for domestic violence situations. Empowers the Secretary of Labor to enforce the entitlement for leave due to an employee's domestic violence situation. Subtitle E: Education and Training Grants to Promote Responses to Violence Against Women - Authorizes the Attorney General to award grants to public and private nonprofit, nongovernmental organizations for the education and training of individuals who, as a result of their employment responsibilities, are likely to come into contact with victims of domestic violence or sexual assault. Authorizes appropriations. Subtitle F: Workers' Compensation - Expresses the sense of the Congress that State workers' compensation laws should: (1) provide benefits to eligible female victims of workplace violence, including full compensation for physical and nonphysical injuries; and (2) permit the employee to pursue an action at law (other than statutory workers' compensation benefits) against an employer's role in the act of workplace violence. Title VIII: Educational Institutions and Violence Against Women - Subtitle A: Grants to Reduce Violent Crimes Against Women on Campus - Amends the Act to authorize Department of Education grants to institutions of higher education for campus personnel and student organizations, and nonprofit, nongovernmental victim services programs to provide personnel, training, technical assistance, data collection, and other equipment for the more widespread apprehension, investigation, and adjudication of persons committing violent crimes against women on campus. (Sec. 801) Authorizes the Secretary of Education to request any Federal agency to use its authorities and resources in support of campus security, investigation, and victim services efforts. (Sec. 802) Directs the Secretary to provide for, and report to the Congress on, a national baseline study of university campus procedures when receiving a sexual assault report. Subtitle B: Student Safety - Student Safety Act - Amends the Higher Education Act of 1965 to: (1) revise guidelines governing crime logs and annual statistics of criminal offenses on campus; (2) exclude from educational records open to parental review specified records of campus disciplinary proceedings or criminal activity; and (3) modify eligibility criteria for Federal student financial aid services to require institution certification of comprehensive and accurate crime statistics. (Sec. 815) Requires the Attorney General and the Secretary of Education to publish annually and transmit to certain congressional committees and the general public a report identifying model programs for improving campus safety. Subtitle C: Violence Against Women Training for Health Professions - Violence Against Women Training for Health Professions Act - Amends the Public Health Service Act to direct the HHS Secretary, when making health care grants for rural areas, to give preference to a health professions entity that requires, as a condition of receiving a degree or certificate, each student to have had significant training in identification, examination, treatment, and referral of victims of domestic violence and sexual assault. Subtitle D: Campus Hate Crimes Right to Know - Campus Hate Crimes Right To Know Act - Amends the Higher Education Act of 1965 to mandate the separate collection and categorization of on-campus criminal offenses statistics that manifest prejudice based on race, gender, religion, sexual orientation, ethnicity, or disability. Title IX: Violence Against Women Intervention, Prevention, and Education Research - Amends the Violence Against Women Act of 1994 to direct the HHS Secretary and the Attorney General to establish a multi-agency task force coordinating research on violence against women. Authorizes appropriations. (Sec. 901) Directs the Department of Health and Human Services to make grants to entities to: (1) support research to further the understanding of the causes of violent behavior against women; and (2) evaluate education, prevention, and intervention programs. Authorizes appropriations. Directs the Departments of Health and Human Services and of Justice to make grants to domestic violence and sexual assault organizations, research organizations and academic institutions to expand knowledge about violence against women, with a particular emphasis on exploring such issues as they affect underserved communities. Authorizes appropriations. Directs the United States Sentencing Commission to study and report to the Congress on specified aspects of domestic violence. Directs the Secretary to award grants to designated entities to gather data on the experiences of women and girls who become pregnant as a result of sexual assault within State health care, judicial, and social services systems. Authorizes appropriations. Instructs the Attorney General to conduct a national study and report to the Congress on laws regarding rape and sexual assault offenses and their effectiveness in addressing those crimes and protecting the victims. Authorizes appropriations. Directs the Secretary and the Attorney General to establish three research centers to: (1) support the development of research and training programs that focus on violence against women; (2) provide collaboration mechanisms between researchers and practitioners; and (3) provide technical assistance for integrating research into service provision. Authorizes appropriations.
United States · United States Congress · 19 March 1998
TABLE OF CONTENTS: Title I: Reduction of Special Interest Influence Title II: Independent and Coordinated Expenditures Title III: Disclosure Title IV: Personal Wealth Option Title V: Miscellaneous Title VI: Severability; Constitutionality; Effective Date; Regulations Bipartisan Campaign Reform Act of 1998 - Title I: Reduction of Special Interest Influence - Amends the Federal Election Campaign Act of 1971 (FECA) with respect to "soft money" to: (1) prohibit a national committee of a political party, including a national congressional campaign committee of political party, and any officers or agents of such party committees, and specified related entities, from soliciting, receiving, or directing to another person a contribution, donation, or transfer of funds, or spend any funds not subject to the limitations, prohibitions, and reporting requirements of FECA; (2) require State, district, or local committees of political parties (including specified related entities) to make expenditures and disbursements for Federal election activities (with exceptions) from funds subject to the limitations, prohibitions, and reporting requirements of FECA; (3) require national, State, district, or local committees and specified related entities to make amounts spent for fundraising costs of Federal election activities from funds subject to the limitations, prohibitions, and reporting requirements of FECA; (4) prohibit national, State, district, or local committees (including national congressional campaign committees and specified related entities) from soliciting funds for, or making or directing donations to, tax-exempt organizations or organizations that have submitted applications for tax-exemption status; and (5) prohibit candidates, incumbents, or their agents from soliciting, receiving, directing, transferring, or spending funds for Federal election activities on behalf of such candidates, incumbents, agents or any other persons (with exceptions), unless the funds are subject to the limitations, prohibitions, and reporting requirements of FECA. (Sec. 102) Prohibits any person from making contributions to a State committee in any year that exceed, in the aggregate, $10,000. Increases the aggregate individual contribution limit from $25,000 to $30,000. (Sec. 103) Requires: (1) national committees, national congressional campaign committees, and subordinate committees of either, to report all receipts and disbursements during the reporting period; (2) State, district, and local committees to report all receipts and disbursements made for specified Federal election activities; and (3) political committees having receipts or disbursements from persons in excess of $200 for any year, to separately itemize their reporting for such persons. Title II: Independent and Coordinated Expenditures - Redefines the term "independent expenditure" to mean an expenditure by a person for: (1) a communication that is express advocacy; and (2) that is not provided in coordination with a candidate or a candidate's agent, or a person who is coordinating with a candidate or a candidate's agent. Defines the term "express advocacy." Redefines the term "expenditure" to include: (1) a payment for a communication that is express advocacy; and (2) a payment made by a person for a communication that refers to a clearly identified candidate, is provided in coordination with the candidate, the candidate's agent, or the candidate's political party, and is for the purpose of influencing a Federal election (regardless of whether the communication is express advocacy). (Sec. 202) Prohibits the Commission, if the Commission determines that there is probable cause to believe that a person has made a knowing and willful violation involving the reporting of an independent expenditure, from entering into a conciliation agreement. Permits the Commission, when it makes such a determination, to institute a civil action for relief. (Sec. 203) Sets forth reporting requirements for certain independent expenditures made by persons (including political committees) aggregating: (1) $1,000 or more; and (2) $10,000 or more. Requires additional reports to be filed each time such independent expenditures are made. Requires such reports to: (1) be filed with the Commission; and (2) and contain the information required for a person who receives any disbursement in excess of $200 in connection with an independent expenditure, including the name of each candidate to whom an expenditure is intended to support or oppose. (Sec. 204) Prohibits a committee of a political party, on or after the date on which the political party nominates a candidate, from making both coordinated expenditures and independent expenditures to the candidate during the election cycle. Requires a committee of a political party, before making a coordinated expenditure to a candidate, to file with the Commission a certification that the committee has not and shall not make any independent expenditure to the candidate during the same election cycle. Prohibits a committee of a political party that submits a certification with respect to a candidate from, during an election cycle, transferring any funds to, assigning authority to make coordinated expenditures to, or receiving a transfer of funds from, a political committee of the party that has made or intends to make an independent expenditure to the candidate. (Sec. 205) Redefines the term "contribution" to include anything of value provided by a person in coordination with a candidate for the purpose of influencing a Federal election in which such candidate seeks nomination or election to Federal office, regardless of whether the value being provided is a communication that is express advocacy. Defines the term "provided in coordination with a candidate." Considers a thing of value provided in coordination with a candidate, as a contribution to the candidate, and in the case of a limitation on expenditures, shall be treated as an expenditure by the candidate. Redefines the term "contribution or expenditure" with respect to contributions or expenditures by national banks, corporations, and labor organizations, to include a contribution or expenditure as defined under this Act. Title III: Disclosure - Replaces provisions permitting the filing of reports electronically with provisions requiring the Commission to: (1) promulgate a regulation for the filing of reports using computers and facsimile machines; (2) make electronically filed reports accessible to the public on the Internet within 24 hours after such reports are received by the Commission; and (3) provide methods (other than requiring a signature on the document being filed) for verifying reports covered by the regulation. (Sec. 302) Prohibits the deposit (except in escrow accounts) or negotiation of contributions from a person making aggregate contributions in excess of $200 during a year by a candidate's authorized committee unless the required contributor information is complete. (Sec. 303) Permits the Commission to conduct random audits and investigations to ensure voluntary compliance with FECA. Extends, from six to twelve months, the period during which campaign audits may be begun. (Sec. 304) Revises reporting requirements for the identification of contributors (other than political committees) to: (1) lower the $200 threshold for the reporting of contributor identification to $50; and (2) require that the identification of persons who make contributions of at least $50 but not more than $200 during a year need include only their names and addresses. (Sec. 305) Revises requirements for the use of candidates' names. (Sec. 306) Prohibits a person soliciting contributions by falsely representing himself or herself to be a candidate or a representative of a candidate, a political committee, or a political party. (Sec. 307) Requires filing of a certain statement with the Commission by persons, other than political committees and religious and apostolic organizations, that make aggregate disbursements in excess of $50,000 during a year for specified Federal election activities: (1) on a monthly basis; or (2) within 24 hours, in the case of disbursements made within 20 days of an election. Exempts from such filing requirements: (1) a candidate or a candidate's authorized committees; and (2) independent expenditures. (Sec. 308) Revises provisions concerning the publication and distribution of any print, broadcast, or general political advertising. Title IV: Personal Wealth Option - Directs the Commission to issue a certification that a House of Representatives candidate is an eligible primary or general election candidate if the candidate files with the Commission a declaration that the candidate and the candidate's authorized committees will not (in the case of a primary candidate) or did not (in the case of a general election candidate) exceed a personal funds expenditure limit of $50,000. Directs the Commission, if the limit is exceeded to: (1) revoke the certification; and (2) require the candidate and the candidate's authorized committees to pay a penalty to the Commission. Prohibits coordinated expenditures if a candidate is not an eligible House candidate. Title V: Miscellaneous - Amends the National Labor Relations Act to make it an unfair labor practice for any labor organization, which receives payments from an employee pursuant to an agreement requiring non-member employees to make payments to such organization in lieu of organization dues or fees, not to establish and implement the requirements of a specified objection procedure. (Sec. 502) Amends FECA to revise provisions concerning the permitted and prohibited uses of contributed amounts by candidates and incumbents for certain purposes. (Sec. 503) Revises Federal law concerning permitted time frames for mailing franked mail to prohibit any mass mailing as franked mail during any year in which there will be an election for a seat held by a Member during the period between January 1 of the election year and the date of the general election, unless the Member will not be a candidate for reelection. (Sec. 504) Amends Federal criminal law to revise the prohibition on fundraising on Federal property. Prohibits an officer or employee of the Federal Government, including the President, Vice-President, and Members of the Congress, from soliciting a donation of money or other thing of value for a political committee or candidate for Federal, State, or local office, from any person while in any room or building occupied in the discharge of official duties by an officer or employee of the United States. Imposes on violators a monetary penalty, imprisonment, or both. Excepts from the prohibition contributions received by the staff of the Executive Office of the President. (Sec. 505) Amends FECA to double the penalties for knowing and willful violations of FECA, the Presidential Election Campaign Fund Act, and the Presidential Primary Matching Payment Account Act. Permits in the inclusion of conciliation agreements for such violations, equitable remedies or penalties, including disgorgement of funds to the Treasury or community service requirements (including requirements to participate in public education programs). Sets forth requirements for the late filing of FECA reports, including requiring the establishment of mandatory monetary penalties. (Sec. 506) Revises the ban on contributions by foreign nationals by making it unlawful for: (1) foreign nationals to make donations in connection with Federal, State, or local elections to political committees or candidates for Federal office, or contributions or donations to committees of political parties; or (2) persons to solicit, accept, or receive such contributions or donations from foreign nationals. (Sec. 507) Prohibits minors from making contributions to candidates or contributions or donations to committees of political parties. (Sec. 508) Permits the Commission to: (1) order expedited proceedings for certain complaints; and (2) refer, at any time, to the Attorney General a possible violation of FECA, the Presidential Election Campaign Fund Act, or the Presidential Primary Matching Payment Account Act. (Sec. 509) Revises the basis for mandatory Commission initiation of enforcement proceedings upon receipt of a complaint alleging a violation of such Acts. Replaces "has reason to believe" a violation has been or is about to be committed with "has reason to investigate whether" such a violation has been or is about to be committed. Title VI: Severability; Constitutionality; Effective Date; Regulations - Sets forth provisions concerning: (1) severability; (2) review of constitutional issues; (3) effective date; and (4) regulations.
United States · United States Congress · 19 March 1998
Health Care Claims Guidance Act - Amends Federal law relating to claims against the U. S. Government to prohibit any action under such provisions based on a claim submitted: (1) under a federally funded health care program unless the amount of damages alleged is a material amount; (2) in reliance on erroneous information supplied by a Federal agency or in reliance on written statements of Federal policy which affects such claim provided by a Federal agency; or (3) by a person that is in substantial compliance with a model compliance plan issued by the Secretary of Health and Human Services (in consultation with the Secretary of Defense). Requires that the Government prove an allegation of a false health care claim by clear and convincing evidence. Defines, for the amendments made by this Act, "federally funded health care program" to mean a program that provides health benefits, directly or otherwise, established under Social Security Act titles XVIII (Medicare), XIX (Medicaid), or XXI (Children's Health Insurance) or provisions of Federal law relating to the armed forces.
United States · United States Congress · 19 March 1998
Amends the Internal Revenue Code to increase standard deduction amounts. Establishes the deduction for a joint return or surviving spouse at twice that for: (1) an individual who is not married and not a surviving spouse or head of household; or (2) a married individual filing separately. Provides for annual inflation adjustments.
United States · United States Congress · 18 March 1998
Independent Commission on Campaign Finance Reform Act of 1998 - Establishes the Independent Commission on Campaign Finance Reform to study the laws relating to the financing of political activity and to report and recommend legislation to reform those laws. (Sec. 6) Requires the Commission, not later than the expiration of the 180-day period that begins on the date on which the second session of the 105th Congress adjourns, to submit to the President, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate, a report of the activities of the Commission. Requires the report to include any recommendations for changes in the laws (including regulations) governing the financing of political activity, including any changes in House and Senate rules, to which nine or more Commission members may agree, together with drafts of: (1) any legislation recommended by the Commission to implement such recommendations; and (2) any proposed amendment to the Constitution recommended by the Commission as necessary to implement such recommendations, except that if the Commission includes such a proposed amendment in its report, it shall also include recommendations and drafts for legislation that may be implemented prior to the adoption of such proposed amendment. Requires the Commission, in making recommendations and preparing drafts of legislation, to consider the following to be its primary goals: (1) encouraging fair and open Federal elections that provide voters with meaningful information about candidates and issues; (2) eliminating the disproportionate influence of special interest financing of Federal elections; and (3) creating a more equitable electoral system for challengers and incumbents. (Sec. 7) Provides for expedited congressional consideration of any legislation introduced the substance of which implements a recommendation of the Commission submitted, including a joint resolution proposing an amendment to the Constitution. (Sec. 9) Authorizes appropriations.
United States · United States Congress · 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 · 11 March 1998
Affordable Housing Barrier Removal Act of 1998 - Provides for a Department of Housing and Urban Development (HUD)-sponsored biennial conference on (regulatory) barriers to affordable housing. Requires proposed and final agency rules to analyze their impact upon affordable housing availability. Directs the Secretary of Housing and Urban Development to develop model housing impact analyses. (Sec. 5) Amends the Housing and Community Development Act of 1992 to authorize direct appropriations for State and local grants for regulatory barrier removal. (Sec. 6) Amends the Housing and Community Development Act of 1974 to make affordable housing barrier removal eligible for community development block grant assistance. (Sec. 7) States that the regulatory barriers clearinghouse shall be established within the Office of Policy Development of HUD under the direction of the Assistant Secretary for Policy Development and Research. (Sec. 8) Amends the National Housing Act to: (1) repeal the single family mortgage insurance owner-occupancy requirement; (2) repeal mortgage limits on dwellings begun prior to insurance approval; (3) revise the definition of "area"; and (4) revise downpayment provisions. (Sec. 9) Amends the Federal Home Loan Bank Act to: (1) include 1- to 4-family residential construction loans within the percent of residential assets required of a qualifying Federal Home Loan Bank; and (2) eliminate the 30 percent cap on certain real estate-related capital that may be held as collateral by a member institution.
United States · United States Congress · 5 March 1998
TABLE OF CONTENTS: Title I: Ethical Standards for Federal Prosecutors Title II: Punishable Conduct Citizens Protection Act of 1998 - Title I: Ethical Standards for Federal Prosecutors - Subjects a Government attorney to State laws and rules, and local Federal court rules, governing attorneys in each State where such attorney engages in duties to the same extent and in the same manner as other attorneys in that State. Directs the Attorney General to make and amend rules of the Department of Justice (DOJ) to assure compliance with this title. Title II: Punishable Conduct - Directs the Attorney General to: (1) establish by rule that it shall be punishable conduct for any DOJ employee to seek an indictment in the absence of probable cause, to fail promptly to release information that would exonerate a person under indictment, to intentionally or knowingly misstate or alter evidence, to attempt to influence or color a witness's testimony, to act to frustrate or impede a defendant's right to discovery, to offer or provide sexual activities to any government witness or potential witness, to leak or otherwise improperly disseminate information to any person during an investigation, or to engage in conduct that discredits DOJ; and (2) establish penalties for engaging in such conduct, including probation, demotion, dismissal, referral of ethical charges to the bar, loss of pension or other retirement benefits, suspension from employment, and referral of the allegations (if appropriate) to a grand jury for possible criminal prosecution. (Sec. 202) Sets forth procedures regarding written complaints of such conduct by a DOJ employee, investigation of such complaints by the Attorney General, and imposition of appropriate penalties. (Sec. 203) Establishes an independent Misconduct Review Board to review all determinations by the Attorney General with respect to such complaints and to investigate allegations made in statements that may be submitted to it with respect to complaints for which the Attorney General has made no determination or imposed no penalty. Authorizes the Board to impose penalties established above.
United States · United States Congress · 3 March 1998
Computer Equipment Common Sense Depreciation Act - Amends the Internal Revenue Code to provide for a two-year recovery period for the depreciation of computers and peripheral equipment used in manufacturing.
United States · United States Congress · 26 February 1998
Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, to exempt State-licensed pharmacies that supply durable medical equipment from surety bond requirements.
United States · United States Congress · 26 February 1998
Establishes in the legislative branch the Joint Committee on Social Security Reform to study and report to the Congress on retirement financing issues, concentrating primarily on the problems related to the long-term financing of the Old Age, Survivors and Disability Insurance program under title II of the Social Security Act, with a goal of restoring the long-term solvency of the trust funds supporting such program and improving financial security for retirees. Sets forth special rules for considering legislation to carry out the Joint Committee's recommendations.
United States · United States Congress · 12 February 1998
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to establish in the Treasury the Save Social Security First Reserve Fund to save any surpluses in the Federal budget pending social security reform. Requires the Secretary of the Treasury to: (1) pay into the Fund at the end of each fiscal year an amount equal to any such surplus; and (2) invest all such amounts in public debt securities with suitable maturities and bearing interest at rates determined by the Secretary.
United States · United States Congress · 12 February 1998
Amends the Line Item Veto Act of 1996 to authorize the President to use the line item veto if the President determines that a cancellation will reduce the Federal budget deficit (current law) or, if the budget is in surplus, be used to reduce the public debt.
United States · United States Congress · 11 February 1998
Expresses the sense of the Congress that: (1) the United States expects the European Union to comply immediately with the ruling of the World Trade Organization (WTO) that the European Union's ban of U.S. beef is in violation of the WTO's Agreement on the Application of Sanitary and Phytosanitary Measures, and grant U.S. beef producers access to the European market; and (2) the United States Trade Representative should take immediate action to open European markets to U.S. beef producers in the event the European Union fails to comply with the WTO's ruling.
United States · United States Congress · 5 February 1998
Expresses the sense of the Congress with respect to promoting long-term care coverage.
United States · United States Congress · 4 February 1998
Torture Victims Relief Act - Prohibits the United States from expelling, removing, extraditing, or otherwise involuntarily returning an individual to a country if there is substantial evidence that a reasonable person in the circumstances of that individual would fear subjection to torture in that country. (Sec. 5) Covers within this Act any alien presenting a claim of having been tortured, or whom there is reason to believe has been tortured. Sets forth provisions regarding: (1) consideration by appropriate officials of the effects of torture; (2) expedited processing of refugee admissions and for asylum and withholding of removal; (3) granting parole in lieu of detention for such an individual under the Immigration and Nationality Act; and (4) exemption of such an individual from expedited removal pursuant to such Act. Expresses the sense of the Congress that the Attorney General should allocate sufficient resources to maintain in the Immigration and Naturalization Service's Resource Information Center current information relating to the use of torture in foreign countries. (Sec. 6) Directs the Attorney General to provide training for immigration inspectors and examiners, immigration officers, asylum officers, immigration judges, and other relevant Department of Justice officials, and directs the Secretary of State to provide training for consular officers, regarding the identification of torture, the surrounding circumstances most often practiced, the long-term effects upon a victim, the identification of the physical, cognitive, and emotional effects of torture, and the appropriate manner of interviewing torture victims. (Sec. 7) Amends the Immigration and Nationality Act to authorize the Secretary of Health and Human Services to provide grants to programs in the United States to cover the cost of specified services for torture victims. Authorizes the appropriation of funds for assistance for domestic centers and programs for the treatment of torture victims. (Sec. 8) Amends the Foreign Assistance Act of 1961 to authorize the President to provide grants to treatment centers and programs in foreign countries which are specifically carrying out projects or activities to treat victims of torture. Authorizes appropriations. (Sec. 9) Authorizes appropriations to the United Nations Voluntary Fund for Victims of Torture for FY 1999 and 2000.
United States · United States Congress · 4 February 1998
Expresses the sense of the Congress that national goals should include providing access to affordable housing and expanding home ownership opportunities pursued through policies of tax incentives and private and public sector activities.
United States · United States Congress · 13 November 1997
Distorting Subsidies Limitation Act of 1997 - Amends the Internal Revenue Code to impose an excise tax on any person engaged in a trade or business who derives any benefit from any targeted subsidy provided by a State or local government. Defines such a subsidy as one which is designed to encourage a business to locate or remain in a particular jurisdiction. Denies a tax exemption for any interest earned on bonds which provide such subsidies. Prohibits the use of Federal funds to provide such a subsidy.
United States · United States Congress · 9 November 1997
Amends the Internal Revenue Code to: (1) increase the low-income State housing credit ceiling amount; and (2) provide for a cost-of-living adjustment for such amount.
United States · United States Congress · 8 November 1997
Federal Sunset Act of 1998 - Establishes the Federal Agency Sunset Commission to: (1) submit to the Congress a schedule for review by the Commission, at least once every 12 years, of the abolishment or reorganization of each agency; and (2) review and evaluate the efficiency and public need for each agency. Requires the abolishment of any agency within one year of the Commission's review, unless the agency is continued by the Congress.