United States · United States Congress · 6 January 1999
Military Retiree Health Care Task Force Act of 1999 - Establishes the Medicare Eligible Military Retiree Health Care Consensus Task Force to study and report to the Congress on matters relating to health care coverage of retired military personnel and their families, Federal sharing agreements relating to such care, and proposals to provide a full continuum of such coverage to Medicare-eligible military retirees and their dependents.
United States · United States Congress · 6 January 1999
Directs the Secretary of the military department concerned to pay monthly special compensation to severely disabled military retirees as follows: (1) $300 for those with disabilities rated as total; (2) $200 for those with disabilities rated at 90 percent; and (3) $100 for those with disabilities rated at 70 or 80 percent. Requires such retirees to have completed at least 20 years of retirement-creditable military service and to have a service-connected disability.
United States · United States Congress · 6 January 1999
Social Security Strengthening and Protection Act of 1999 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require the Managing Trustee of the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (social security trust funds) to establish guidelines mandating the eventual investment by the Managing Trustee of such portion of each such social security trust fund not required to meet current withdrawals only in certain marketable interest-bearing obligations of the United States . Prohibits disinvestment of such trust fund amounts from public debt obligations, any refraining from making such investments, or any delay in making normal deposits in such trust funds for public debt limit-related purposes. Authorizes the sale of social security trust fund public debt obligations for payment of cash benefits and administrative expenses, with conditions, including advance notification to each House of the Congress and the Comptroller General before such sale.
United States · United States Congress · 6 January 1999
Affordable Housing Opportunity Act of 1999 - Amends the Internal Revenue Code to increase, and link to the cost-of-living adjustment, the State low-income housing credit ceiling.
United States · United States Congress · 6 January 1999
Caddie Relief Act of 1999 - Amends the Internal Revenue Code to treat golf caddies performing services for nonprofessional golfers as nonemployees for employment tax purposes.
United States · United States Congress · 6 January 1999
Constitutional Amendment - Makes any person who has been elected for a full term: (1) two times to the Senate ineligible for election or appointment to the Senate; or (2) six times to the House ineligible for election to the House. Bars any person who has served as a: (1) Senator for more than three years of a term to which some other person was elected from being subsequently eligible for election to the Senate more than once; and (2) Representative for more than one year from being subsequently eligible for election to the House more than five times. Excludes election or service occurring before this article becomes operative when determining eligibility.
United States · United States Congress · 6 January 1999
Deems the New Year's Day holiday in the year 2000 to occur on January 3, 2000, in order to provide the public and technology professionals with an additional day, prior to the start of the workweek, to begin repairs on failed computer systems caused by the Year 2000 computer problem.
United States · United States Congress · 14 October 1998
Small Business Franchise Act of 1998 - Prohibits any person, in connection with the advertising, offering, sale, or promotion of any franchise, from: (1) employing a device, scheme, or artifice to defraud; (2) engaging in an act, practice, course of business, or pattern of conduct which operates or is intended to operate as a fraud upon any prospective franchisee; (3) obtaining property, or assisting others in so doing, by negligently making an untrue statement of a material fact or any failure to state a material fact; (4) discriminating among prospective franchisees on the basis of race, color, sexual orientation, sex, religion, disability, national origin, or age; or (5) making any claim or representation which is inconsistent with or contradicts a disclosure document. Requires the franchisor to provide a written statement specifying whether the franchise agreement contains a right of renewal. (Sec. 4) Prohibits any franchisor or subfranchisor, in connection with the performance, enforcement, renewal, or termination of any franchise agreement, from: (1) engaging in an act, practice, course of business, or pattern of conduct which operates as a fraud upon any person; (2) discriminating among franchisees on the basis of race, color, sexual orientation, sex, religion, disability, national origin, or age; (3) hindering, prohibiting, or penalizing the free association of franchisees for any lawful purpose, including the formation of or participation in any trade association made up of franchisees; or (4) discriminating against a franchisee by imposing requirements not imposed on other similarly situated franchisees or otherwise retaliating against any franchisee for membership or participation in a franchisee association. Prohibits a franchisor from: (1) terminating a franchise agreement prior to its expiration without good cause; or (2) prohibiting a franchisee from engaging in any business at any location after the expiration of a franchise agreement. (Sec. 5) Sets forth provisions concerning: (1) minimum standards of conduct (good faith, due care, and limited fiduciary duty) for each party to a franchise agreement; (2) a prohibition against requiring the inclusion of a franchise agreement term or condition which violates this Act or relieves a person from a duty or liability under this Act; (3) a prohibition against the waiver from compliance with this Act; and (4) authorized legal actions by State attorneys general on behalf of State residents for alleged violations. (Sec. 8) Authorizes a franchisee to assign a franchise interest to a transferee, provided such transferee satisfies reasonable qualifications applied by the franchisor in determining whether or not a current franchisee is eligible for renewal. Provides transfer conditions, including 30 days' prior written notice. Outlines events which shall not be considered transfers, such as successor management by a surviving heir or incorporation. (Sec. 9) Prohibits a franchisor from transferring a franchise interest unless: (1) the franchisor provides 30 days prior notice to all franchisees of such intent; (2) the notice is accompanied by a complete description of the business and financial terms of the proposed transfer; and (3) upon such transfer, the transferee entity has the appropriate business experience and financial means to perform all of the franchisor's obligations. (Sec. 10) Prohibits a franchisor from prohibiting a franchisee from obtaining equipment, fixtures, supplies, goods, or services (goods or services) used in the establishment or operation of the franchised business from sources of the franchisee's choosing, with the exception that such goods or services must meet reasonable quality standards promulgated or enforced by the franchisor. Requires the franchisor to: (1) provide and continuously update a list of approved vendors for such goods or services; and (2) report at least annually revenues and profits received from the sale of such goods or services to its franchisees. (Sec. 11) Prohibits a franchisor from placing one or more new outlets of a franchised business within unreasonable proximity to an existing franchise, with an exception. (Sec. 12) Sets forth provisions concerning: (1) legal actions brought by persons injured or damaged by violations; and (2) the right to arbitration, mediation, or other nonjudicial resolution in lieu of a legal action (with a statute of limitations).
United States · United States Congress · 14 October 1998
Expresses the sense of the House of Representatives that its integrity has been impugned by the failure of the executive branch to expeditiously enforce title VII of the Tariff Act of 1930 in response to the surge of steel imports resulting from the financial crises in Asia, Russia, and other regions. Calls upon the President to: (1) immediately review the entry into the U.S. customs territory of all steel products from Australia, China, South Africa, Ukraine, Indonesia, India, Japan, Russia, South Korea, or Brazil; (2) impose a one-year ban on all steel products from any country not abiding by the international trade agreements with respect to imports of all steel products into the United States; (3) establish a task force to closely monitor U.S. imports of steel from other countries to determine whether or not such agreements are being violated; and (4) report to the Congress by January 5, 1999, on any other actions the President has taken, or intends to take, to ensure that all U.S. trading partners abide such agreements with respect to U.S. imports of steel.
United States · United States Congress · 7 October 1998
TABLE OF CONTENTS: Title I: Outer Continental Shelf Impact Assistance Title II: State, Local, and Urban Conservation and Recreation Title III: Wildlife Conservation and Restoration Conservation and Reinvestment Act of 1998 - Title I: Outer Continental Shelf Impact Assistance - Establishes the Outer Continental Shelf Impact Assistance Fund (OCSIAF) to provide impact assistance to coastal States from a portion (27 percent) of allocable new OCS revenues (payments received by the United States as royalties, net profit share payments, and related late-payment interest from natural gas and oil leases under the Outer Continental Shelf Lands Act). Sets forth a formula for use by the Secretary of the Interior to determine the portion of the allocable share of new revenues attributable to each coastal State and county eligible to receive impact assistance payments. Mandates that such OCS funds be expended by the eligible coastal States and counties for certain environmental projects and activities. Requires: (1) an eligible county to submit for the Governor's approval a plan setting forth the projects and activities for which it proposes to expend OCSIA funds; and (2) the Governor of each recipient State to account to the Congress for all OCSIAF monies received for the previous fiscal year. Title II: State, Local, and Urban Conservation and Recreation - Amends the Land and Water Conservation Fund Act of 1965 (LWCFA) to require an amount equal to 23 percent of specified Outer Continental Shelf revenues to be deposited in the Land and Water Conservation Fund (LWCF) in the Treasury. (Sec. 203) Makes such funds available, without further appropriation, to carry out LWCFA for each fiscal year through FY 2015. Authorizes appropriations to maintain a certain minimum total annual income of the LWCF. Makes certain amounts covered into the LWCF available for expenditure without appropriation. Allocates such funds as follows: (1) 42 percent for Federal acquisition of certain lands, waters, or interests, with 25 percent of such Federal funds to the Secretary of Agriculture and 75 percent to the Secretary of the Interior; (2) 42 percent for financial assistance to the States for land acquisition, urban conservation, and recreation projects under specified LWCFA provisions, apportioning 60 percent of such State funds to all States equally, 20 percent on the basis of relative State population, and 20 percent on the basis of relative urban population; and (3) 16 percent for local governments through the Urban Parks and Recreation Recovery Program of the Department of the Interior. Provides for an LWCFA allocation of funds to Indian tribes and Alaska Native Village Corporations. Requires States to make at least 50 percent of the annual State apportionment under LWCFA available as grants to local governments. Replaces, within a five-year period, LWCFA requirements for comprehensive State plans with requirements for State action agendas. Allows each State to define its own priorities and criteria for selection of outdoor recreation and conservation acquisition and development projects eligible for LWCFA grants so long as it provides for public involvement in this process and publishes an accurate and current State Action Agenda for Community Recreation and Conservation. Requires such Agendas to: (1) be strategic, originating in broad- based and long-term needs, but focused on actions that can be funded over the next four years, and be updated every four years; (2) consider all providers of recreation and conservation lands, and correlate with other State, regional and local plans for parks, recreation, open space, and wetlands conservation; (3) address wetlands as important outdoor recreation and conservation resources, and incorporate a State wetlands priority conservation plan consistent with the national plan developed under the Emergency Wetlands Resources Act; and (4) be guided in part by recovery action programs developed by urban localities under the Urban Park and Recreation Recovery Act. Revises LWCFA conditions for approval of conversions. (Sec. 204) Amends the Urban Park and Recreation Recovery Act (UPRRA) to provide (in addition to the current types of at-risk recreation grants and recovery action program grants) for matching capital grants to local governments in the form of: (1) development grants for development and construction on existing or new neighborhood recreation sites, including indoor and outdoor recreation facilities, support facilities, and landscaping, but excluding routine maintenance and upkeep activities; and (2) acquisition grants for purchasing new parkland to be permanently dedicated and made accessible for public recreation use. Revises UPRRA requirements for: (1) eligibility; (2) matching grants; (3) coordination; and (4) conversion approval. Repeals the limitation on the use of UPRRA funds for acquisition of land or interests in land. Title III: Wildlife Conservation and Restoration - Amends the Federal Aid in Wildlife Restoration Act (FAWRA) to require an amount equal to ten percent of specified Outer Continental Shelf revenues to be deposited in a new subaccount in the Federal aid to wildlife restoration fund (FAWRF), to be invested and to be made available without further appropriation, for apportionment in FY 1999 and thereafter for State wildlife conservation and restoration programs. (Sec. 305) Sets forth requirements for: (1) allocation of such subaccount receipts; (2) applications for approval of, and development grants for, State wildlife conservation and restoration programs; and (3) coordination. (Sec. 306) Allows certain subaccount funds for such a State wildlife conservation and restoration program to be used for law enforcement and public relations (Sec. 307) Prohibits a State from receiving FAWRA matching funds if it diverts any funds from wildlife conservation purposes.
United States · United States Congress · 18 September 1998
Calls upon the President to: (1) pursue enhanced enforcement of U.S. trade laws with respect to the surge of steel imports into the United States, including offsetting duties, quantitative restraints, and other authorized remedial measures; (2) pursue a more equitable sharing of the burden of accepting imports of finished steel products from Asia and the countries within the Commonwealth of Independent States; (3) establish a task force with responsibility for closely monitoring U.S. imports of steel; and (4) report to the Congress by January 5, 1999, with a comprehensive plan for responding to the import surge, including ways of limiting its deleterious effects on employment, prices, and investment in the U.S. steel industry.
United States · United States Congress · 16 September 1998
Family Farm Preservation Act - Amends the Internal Revenue Code to provide that the $675,000 limitation on the estate tax deduction shall not apply to interests in qualified family-owned farming business interests.
United States · United States Congress · 15 September 1998
Medicare Home Health Care Interim Payment System Refinement Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997 (BBA'97), to: (1) increase per beneficiary and per visit payment limits under the interim system of limited payments for services provided by home health agencies; and (2) provide for the exclusion of certain additional Medicare part B (Supplementary Medical Insurance) costs from determination of the Medicare part B monthly premium. Directs the Secretary of Health and Human Services to report to the Congress on research paid for by the Secretary on the development of a prospective payment system (PPS) for Medicare home health services, including one or more alternative means to provide for savings equivalent to the savings estimated to be made by the mandatory 15 percent reduction in payment limits for such services for FY 2000. Directs the Medicare Payment Advisory Commission to: (1) report to the Congress its analysis of the Secretary's report, including any recommendations with respect to the matters contained in it; and (2) include in its annual report to the Congress for June 1999 an analysis of whether changes in law made by BBA'97 and this Act with respect to payments for Medicare home health services impede access to them by Medicare beneficiaries. Directs the Comptroller General of the United States to audit the sums obligated or expended by the Health Care Financing Administration for PPS research and the information provided by it.
United States · United States Congress · 11 September 1998
Expresses the sense of the House of Representatives that the President should personally reimburse the Federal Government for the costs incurred by the Office of Independent Counsel since January 26, 1998, because of the President's untruthfulness and delay.
United States · United States Congress · 10 September 1998
Helpers Job Opportunity Act - Provides for the creation of an additional category of laborers or mechanics known as helpers under the Davis-Bacon Act. Requires a helper of a laborer or mechanic to be paid the prevailing wage of helpers of laborers or mechanics employed on similar projects in the same subdivision of the State.
United States · United States Congress · 6 August 1998
Amends the Merchant Marine Act, 1920 with respect to the prohibition against transport of merchandise in any vessel other than one built and documented under the laws of the United States and owned by a U.S. citizen, or one extended the privilege of engaging in the coastwise trade. Exempts from such prohibition the transport, as bulk cargo, of merchandise that is common ground clay on a freight vessel specifically designed for the carriage of such merchandise if the Secretary of the Treasury determines that a U.S.-flag freight vessel (crewed by less than 15 persons of either foreign or U.S. citizenship) is not available. Directs the Secretary to make such determination within 72 hours after receiving the necessary information. Amends Federal shipping law to revise certain eligibility requirements to require a vessel to be issued a certificate of documentation with a coastwise endorsement (restricting use to the carriage, as bulk cargo, of common ground clay) if it: (1) is eligible for documentation, is of at least 5,000 net tons, and is designed for the transportation of common ground clay; (2) is a freight vessel that was not built in the United States; and (3) otherwise qualifies under U.S. laws to be employed in coastwise trade authorized under the endorsement.
United States · United States Congress · 6 August 1998
Satellite Access to Local Stations Act - Amends Federal copyright law to cite circumstances under which the secondary transmission by a satellite carrier of a primary transmission of a television broadcast station into the station's local market shall be subject to statutory licensing. Sets forth reporting requirements for a satellite carrier whose secondary transmissions are subject to such licensing requirements. Precludes any royalty obligation for such secondary transmissions. States that noncompliance with such reporting requirements by a satellite carrier of a television broadcast station is actionable as an act of infringement and fully subject to copyright remedies. Amends the Communications Act of 1934 regarding the retransmission of broadcasting station signals. Prohibits cable systems and other multichannel video programming distributors from retransmitting a broadcasting station's signal without the station's express consent. Directs the Federal Communications Commission to commence a rulemaking proceeding to revise regulations governing the exercise by television broadcast stations of the right to grant retransmission consent. Prescribes requirements for the carriage of local television signals by satellite carriers, including: (1) carriage obligations; (2) carriage of all local television stations on contiguous channels and in a nondiscriminatory manner on any navigational device, on-screen guide, or menu; (3) compensation for carriage; and (4) remedies for failure to meet obligations.
United States · United States Congress · 6 August 1998
Assistive Technology Information Act of 1998 - Amends the Technology-Related Assistance for Individuals With Disabilities Act of 1988 to direct the Secretary of Education to contract with an institution of higher education to establish a national public Internet site for providing to individuals with disabilities and the general public increased access to information on technology-related assistance and other related disability resources under the Act, including information on assistive technology devices and services. Requires the institution chosen to have demonstrated experience in assistive technology, among other requirements. Outlines information features required on the Internet site. Authorizes appropriations for FY 1999 through 2003.
United States · United States Congress · 4 August 1998
Directs the Secretary of Veterans Affairs to establish a national cemetery in the Atlanta, Georgia, metropolitan area to serve veterans and their families.
United States · United States Congress · 4 August 1998
Expresses the sense of Congress that State and local governments and local educational agencies are encouraged to: (1) dedicate at least one day of learning to the study and understanding of the significance of the Declaration of Independence, the Constitution, and the Federalist Papers; and (2) include a requirement that, before receiving a certificate or diploma of graduation from high school, students be tested on their competency in understanding those works.
United States · United States Congress · 3 August 1998
National Uniformity for Food Act of 1998 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to prohibit any State or political subdivision from establishing or continuing in effect as to any food in interstate commerce any requirement for food labeling or food that is not identical to specified FDCA provisions. Prohibits any State or political subdivision from establishing or continuing in effect any notification requirement for a food that provides for a warning concerning the food's safety that is not identical to FDCA provisions. Allows a State to petition for an exemption and for a national standard regarding any requirement under the FDCA or the Fair Packaging and Labeling Act relating to food regulation. Allows a State to establish a requirement that would otherwise violate FDCA provisions relating to national uniform nutrition labeling or this paragraph if the requirement is needed to address an imminent hazard to health that is likely to result in serious adverse health consequences and if other requirements are met.
United States · United States Congress · 31 July 1998
Home Health Access Preservation Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Balanced Budget Act of 1997, with respect to the computation formula of the interim system of limited payments for services provided by home health agencies. Revises such formula for cost reporting periods beginning after FY 1998 to replace the current agency-specific per beneficiary annual limits with limits based on specified base regional limits, a base national limit, and an area wage index. Eliminates the special rule for new agencies with respect to determination of the reasonable cost of home health services. Provides for a three percent increase in per-visit cost limits for cost reporting periods beginning on or after October 1, 1997. Directs the Secretary of Health and Human Services to allot grants to States, according to a specified formula, to provide for adjustment for outliers to assist in the transition to the prospective payment system for home health services. Makes necessary appropriations. Directs the Secretary to meet every 90 days with appropriate congressional committee staff to provide informal updates of progress in implementing the prospective payment system for home health agencies under Medicare.
United States · United States Congress · 24 July 1998
Transportation Tax Equity and Fairness Act - Amends the Internal Revenue Code to repeal the special fuel excise tax on railroads and inland waterway transportation. Subjects diesel fuel used in trains to the additional tax for the Leaking Underground Storage Tank Trust Fund.
United States · United States Congress · 23 July 1998
Schools and Libraries Internet Access Act - Amends the Communications Act of 1934 to repeal provisions authorizing the Federal Communications Commission to take certain actions to provide access to advanced telecommunications services for schools, health care providers, and libraries. Amends the Internal Revenue Code to reduce the excise tax paid for telephone and other communications services to one percent (currently, three percent) of the total paid for such services beginning with bills rendered on or after January 1, 1999, and before October 1, 2003. Repeals such communications taxation provisions with respect to bills rendered on or after October 1, 2003. Establishes in the Treasury the Telecommunications Technology Trust Fund and appropriates into such Fund all amounts received pursuant to the above taxation authority after December 31, 1998. Makes such funds available to carry out provisions of the National Telecommunications and Information Administration Organization Act (NTIAO) as added under this Act. Terminates this section on October 1, 2003. Amends the NTIAO to direct the Secretary of Commerce to award a fiscal year grant to each State having an approved plan for the acquisition of telecommunications and related services for: (1) the provision of health care services by any public or nonprofit health care provider that serves persons residing in a rural area; or (2) elementary and secondary schools and libraries, for educational purposes. Provides for an allocation of State funding based on relative populations. Requires the State plan to take into consideration the relative economic need of the eligible entities, including the number of students living in low-income or sparsely populated areas. Authorizes appropriations from the Fund for FY 1999 through 2003 for such grants and administrative expenses. Authorizes appropriations for FY 2004 and thereafter for such purposes from general Treasury funds.
United States · United States Congress · 21 July 1998
Applies this resolution to the investigation by the House Committee on Education and Workforce into the administration of labor laws by Government agencies, including the Departments of Labor and Justice, concerning the International Brotherhood of the Teamsters and other related matters. Considers information obtained under the authority of this resolution as taken: (1) in the District of Columbia as well as at the location actually taken; and (2) in executive session by the subcommittee on Oversight and Investigations of the Committee. Authorizes the Chairman of the Committee, after consultation with the ranking minority member of the Committee, to: (1) order the taking of depositions or interrogatories anywhere in the United States, under oath and pursuant to notice or subpoena; and (2) designate a member, staff, or contractor of the Committee to conduct any such proceeding.
United States · United States Congress · 20 July 1998
TABLE OF CONTENTS: Title I: Public Works and Economic Development Programs Subtitle A: Reauthorizations Subtitle B: Innovative Financing Pilot Programs Title II: Appalachian Regional Development Economic Development Partnership Act of 1998 - Title I: Public Works and Economic Development Programs - Subtitle A: Reauthorizations - Amends the Public Works and Economic Development Act of 1965 (the Act, for purposes of this title) to direct the Secretary of Commerce to cooperate with States and other entities to assure that Federal economic development programs are compatible with and further the objectives of State, regional, and local economic development plans and comprehensive economic development strategies. Directs the Secretary to: (1) provide appropriate technical assistance to such entities in order to alleviate economic distress, encourage partnerships for economic development strategies, and stimulate modernization and technological advances in the generation and commercialization of goods and services; and (2) issue regulations for intergovernmental review of proposed economic development projects. Authorizes the Secretary to enter into appropriate economic development agreements with two or more adjoining States. Authorizes the Secretary to make grants to eligible recipients (defined later under this Act) for acquisition or development of land improvements for public works, public service, or development facility usage, as well as the acquisition, design and engineering, construction, rehabilitation, alteration, expansion, or improvement of such facilities. Provides assistance conditions relating to the establishment of industrial or commercial plants and the increase of employment in the area. Prohibits more than 15 percent of the appropriations made for such assistance from being expended in any one State. Allows grants to be increased due to construction cost increases, with limitations. Authorizes the Secretary to make direct grants for economic development planning and related administrative expenses. Requires such planning to be a continuous process and to be prepared as part of a comprehensive economic development strategy for the area involved. Requires State certification of an economic development plan's consistency with local and economic development district plans. Provides a Federal cost-share limit of 50 percent of project costs. Authorizes the Secretary to make supplementary grants for a project for which the applicant is eligible but cannot supply the required matching share. Provides supplementary grant conditions and requirements, authorizing the Secretary to reduce or waive the required non-Federal share in such cases. Authorizes the Secretary to make direct grants for training, research, and technical assistance for alleviating or preventing conditions of excessive unemployment or underemployment. Allows such grants to include amounts for relocation assistance. Authorizes the Secretary to make direct grants for public facilities, public services, business development, planning, technical assistance, training and other assistance which demonstrably furthers the economic adjustment objectives of the Act. Allows such grant to be used in either direct expenditures by the recipient or through redistribution to other public and private entities, but prohibits any such redistribution to a private profit-making entity. Authorizes the Secretary to: (1) approve the use of grant funds for projects the scope or purpose for which changes after the grant has been made; (2) use funds for projects constructed for less than the projected costs to improve such projects; and (3) make assistance available for projects to be carried out at a military or Department of Energy installation. Prohibits any assistance under the Act which would produce unfair commercial competition. Authorizes the sale of financial instruments in revolving loan funds to further the purposes of the Act. Requires reports from grant and assistance recipients. Defines as an eligible recipient for purposes of this Act an area that: (1) has a per capita income of 80 percent or less of the national average or an unemployment rate one percent above such average; (2) has experienced or is about to experience a special need to meet an expected rise in unemployment; or (3) is determined by the Secretary to be a pocket of poverty or high unemployment within a larger community of less economic distress and that has demonstrated a resistance to economic recovery without assistance under the Act. Requires from recipients: (1) documentation of the presence of any such criteria; and (2) a comprehensive economic development strategy which identifies the economic problems to be addressed through such assistance, as well as related information. Authorizes the Secretary, in order to plan and carry out economic development projects of broader geographic significance, to designate appropriate economic development districts and economic development centers within such districts. Provides geographic, population, and other requirements with respect to each such designation. Directs the Secretary to prescribe standards for the termination of such districts and centers. Authorizes the Secretary to increase by up to ten percent of project costs the amount of grant assistance otherwise provided in the Act for projects within designated districts. Requires each designated district to provide to the Appalachian Regional Commission a copy of such district's comprehensive economic development strategy. Authorizes the Secretary to provide assistance to a district area which does not meet the requirements of an eligible recipient under the Act when such assistance will be of substantial direct benefit to a qualifying area in such district. Directs the Secretary to administer this Act with the assistance of an Assistant Secretary of Commerce for Economic Development. Directs the Secretary to establish in the Economic Development Administration (EDA) an Office of Economic Development Information to serve as a central information clearinghouse on all matters relating to economic development programs and activities of Federal and State governments, to help applicants for such assistance, and to develop electronic links or other connections to other information databases to assist such entities in identifying and applying for assistance and resources under such programs. Requires public access to Office information and data services. Requires appropriate consultation with other persons and agencies. Authorizes the Secretary to furnish procurement divisions of the Federal Government with a list of business firms located in distressed areas which desire Government supplies and services contracts. Directs the Secretary to: (1) notify specified congressional committees of any EDA reorganization of its offices, programs, or activities at least 30 days before such reorganization; (2) conduct an evaluation at least every three years of each university center and economic development district receiving assistance to assess its performance and contribution toward job retention and creation; (3) establish a Federal Coordinating Council for Economic Development to coordinate with Federal, State, and other districts and organizations its activities relating to comprehensive economic development strategies and grants; and (4) establish an Economic Development Revolving Loan Fund Task Force to review and make recommendations concerning the financial management and related standards and requirements of revolving loan funds from which financial instruments are sold in order to further the purposes of this Act. Imposes penalties upon persons who: (1) make false statements in order to obtain assistance under the Act; and (2) embezzle or commit other fraud-related crimes while connected in any capacity with the Secretary in the administration of the Act. Sets forth: (1) conflict-of-interest provisions; and (2) recordkeeping requirements for the Secretary and recipients regarding assistance under this Act. Provides that assistance under the Act shall supplement and not supplant other Federal assistance. Authorizes appropriations for FY 1999 through 2003. Authorizes additional appropriations for administrative expenses and defense conversion activities. Subtitle B: Innovative Financing Pilot Programs - Authorizes the Secretary to guarantee a loan made by a private lending institution to a State, political subdivision, Indian tribe, or organization or association for any purpose for which the Secretary can make a direct grant under title I of this Act. Provides funding. (Sec. 122) Directs the Secretary, acting through the Under Secretary of Commerce for Economic Development, to carry out a program to demonstrate the effectiveness of encouraging economic development by making grants for reducing interest rates on loans for economic development activities. Outlines grant requirements, terms, and conditions. (Sec. 123) Directs the Secretary to convey to the city of Two Harbors, Minnesota, the J and J Casting Site in Lake County, Minnesota, together with a road easement. (Sec. 124) Directs the Secretary, by September 30 of each of FY 1999 through 2003, to report to the Congress an evaluation of the effectiveness of the loan guarantees and grants under this Subtitle. (Sec. 125) Prohibits funds made available under this Act from being expended in violation of the Buy American Act. Title II: Appalachian Regional Development - Amends the Appalachian Regional Development Act of 1965 (the Act, for purposes of this title) to: (1) require the Appalachian Regional Commission (ARC) to meet at least once a year and allow the ARC to conduct additional meetings by electronic means as considered advisable; (2) require the ARC to obtain a quorum of State members before reaching certain decisions; (3) extend permanently the authorization of appropriations for ARC administrative expenses; (4) revise compensation levels for ARC employees; (5) extend ARC administrative authority through FY 2003; and (6) reduce from 100 to 50 percent of program costs the Federal cost-sharing requirement with respect to demonstration health projects in the Appalachian region under this Act, with an exception of 80 percent of such costs for counties designated as distressed. (Sec. 208) Repeals the following programs and provisions under the Act: (1) the land stabilization, conservation, and erosion control program; (2) the timber development program; (3) the mining area restoration program; (4) the water resource development and utilization survey; (5) the Appalachian airport safety improvements program; (6) the sewage treatment works program; and (7) amendments to the Housing Act of 1954. (Sec. 214) Reduces from 100 to 50 percent of program costs the Federal cost-sharing requirement with respect to Appalachian vocational education and education demonstration projects, with an exception of 80 percent of such costs for counties designated as distressed. Makes an identical reduction with respect to Federal costs for Federal grant-in-aid programs in the Appalachian region. (Sec. 218) Adds specified criteria and measurements to be considered when determining programs and projects to be given assistance under the Act. (Sec. 219) Directs the ARC to designate as: (1) distressed counties those counties that are the most severely and persistently distressed; (2) competitive counties those counties which are approaching economic parity with the rest of the country; and (3) attainment counties those counties which have attained or exceeded such economic parity. Requires the ARC to give special consideration to counties designated as distressed. Limits to 30 percent of project costs the authorized assistance for a county designated as competitive and prohibits assistance for a county designated as attainment. Provides exceptions and an authorized waiver by the ARC. (Sec. 220) Empowers the ARC (currently, the President) to make grants for administrative expenses and ARC research and development projects under the Act. Reduces from 75 to 50 percent of program costs the Federal share of such projects, with an exception of 80 percent for counties designated as distressed. Repeals provisions concerning such projects which: (1) require certain ARC studies and reports; (2) authorize appropriations through June 30, 1969; and (3) ensure public availability of all information obtained from such projects. (Sec. 221) Extends through FY 2003 the authorization of appropriations and termination date under the Act.
United States · United States Congress · 17 July 1998
Emergency Farm Financial Relief Act - Amends the Agricultural Market Transition Act to provide that FY 1999 production flexibility contract payments shall be paid at such time or times as the owner or producer so requests as long as payment is completed by such fiscal year's end.
United States · United States Congress · 16 July 1998
TABLE OF CONTENTS: Title I: Amendments to the Employee Retirement Income Security Act of 1974 Subtitle A: Patient Protections Subtitle B: Patient Access to Information Subtitle C: New Procedures and Access to Courts for Grievances Arising under Group Health Plans Subtitle D: Affordable Health Coverage for Employees of Small Businesses Title II: Amendments to Public Health Service Act Subtitle A: Patient Protections and Point of Service Coverage Requirements Subtitle B: Patient Access to Information Subtitle C: HealthMarts Subtitle D: Community Health Organizations Title III: Amendments to the Internal Revenue Code of 1986 Subtitle A: Patient Protections Subtitle B: Patient Access to Information Subtitle C: Medical Savings Accounts Title IV: Health Care Lawsuit Reform Subtitle A: General Provisions Subtitle B: Uniform Standards for Health Care Liability Actions Title V: Confidentiality of Health Information Title VI: Medical Savings Accounts for Federal Employees Patient Protection Act of 1998 - Title I: Amendments to the Employee Retirement Income Security Act of 1974 - Subtitle A: Patient Protections - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to prohibit a group health plan, or a health insurance issuer offering group coverage, from imposing on a health professional any prohibition on advice provided to a participant or beneficiary. Requires a plan or issuer, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization) for emergency medical screening examinations if a prudent layperson would determine them necessary; (2) routine gynecological or obstetric specialist care, to provide those benefits without authorization or referral by a primary care provider; or (3) routine pediatric specialist care, to allow designation of a pediatric specialist as the primary provider. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. Subtitle C: New Procedures and Access to Courts for Grievance Arising Under Group Health Plans - Requires group health plans to: (1) provide written notice to participants or beneficiaries and providers of adverse coverage decisions; and (2) meet specified time limits for responding to routine, urgent, and emergency benefit payment requests, coverage advance determinations, and medical necessity determinations. Provides for initial coverage decision internal and, in certain circumstances, external review. Makes a plan's fiduciary who, after an external review recommends coverage, causes a failure to provide a benefit liable to the participant or beneficiary for a civil penalty and attorney's fees and costs. Allows assessment of a civil penalty against a fiduciary for any pattern or practice of repeated adverse coverage decisions in violation of the terms of the plan or ERISA. Allows an action before exhaustion of administrative remedies. Provides for concurrent Federal-State court jurisdiction for actions relating to certain amendments made by this Act. Subtitle D: Affordable Health Coverage for Employees of Small Businesses - Small Business Affordable Health Coverage Act of 1998 - Defines "association health plan" to mean a group health plan meeting specified requirements, including being sponsored by a trade, industry, or professional association, a chamber of commerce (or a similar business association) organized and maintained for substantial purposes other than obtaining or providing medical care. Provides for association plan certification and mandates a class certification procedure. Regulates association plans' boards of trustees and sponsors. Prohibits, for plans in existence on the date of enactment of this Act, a sponsor's affiliated members from being offered coverage unless the member: (1) was affiliated on the certification date; or (2) did not maintain or contribute to a group health plan during the 12 months before the offering of coverage. Prohibits a participating employer from providing health coverage in the individual market for any employee who is eligible for plan coverage if the exclusion from plan coverage is based on health status. Prohibits excluding an employer from an association plan if the employer and plan each meet specified requirements. Prohibits contribution rates for any participating small employers from varying on the basis of claims experience or type of business. Requires, if any plan benefit option does not consist of health coverage, that the plan have at least 1,000 participants and beneficiaries. Requires, if a benefit option consisting of health coverage is offered under the plan, that State-licensed insurance agents be used to distribute to small employers coverage that is not health coverage in a manner comparable to the manner in which those agents are used to distribute health coverage. Requires that a plan consist only of health coverage or, if the plan provides any additional benefit options, that the plan meet certain reserve and excess stop loss insurance and solvency indemnification requirements regarding the additional benefit options for which risk has not yet been transferred. Requires that all plans maintain a specified surplus. Requires association plans providing additional options to make annual payments to the Association Health Plan Fund. Requires that, when there is or will be a failure to maintain such reserves, excess stop loss insurance, and indemnification, the Secretary of Labor pay amounts as necessary to maintain the excess stop loss insurance or indemnification. Establishes the Fund. Mandates advance notice to participants and beneficiaries of certified plan termination. Requires, when a plan has failed or will fail to maintain required reserves, excess stop loss insurance, and indemnification, either corrective action or plan termination. Provides for court appointment of the Secretary as trustee to administer a plan during insolvency. Allows a State to impose a contribution tax on an association plan providing additional options if the plan began operations in the State after enactment of this Act. Sets forth special rules for church plans. Declares that the provisions of this subtitle supersede certain related State laws. (Sec. 1303) Modifies the circumstances in which two or more trades or businesses must be deemed a single employer. (Sec. 1304) Excludes from the definition of "multiple employer welfare arrangement" any arrangement: (1) established or maintained under specified Federal (or similar State) labor relations provisions; or (2) meeting certain collective bargaining and other requirements. (Sec. 1305) Imposes criminal penalties for falsely representing any benefit as: (1) being a certified association plan; or (2) having been established or maintained under certain collective bargaining agreements. (Sec. 1306) Allows a State to enter into an agreement with the Secretary for delegation to the State of some or all of the Secretary's enforcement or certification authority. Title II: Amendments to Public Health Service Act - Subtitle A: Patient Protections and Point of Service Coverage Requirements - Amends the Public Health Service Act to prohibit a group health plan, or a health insurance issuer offering group coverage, from imposing on a health professional any prohibition on advice provided to a participant or beneficiary. Requires a plan or issuer, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization) for emergency medical screening examinations if a prudent layperson would determine them necessary; (2) routine gynecological or obstetric specialist care benefits, to provide those benefits without an authorization or referral by a primary provider; or (3) routine pediatric specialist benefits, to allow designation of a pediatric specialist as the primary provider. (Sec. 2002) Requires health maintenance organizations (HMOs) that provide coverage under a group health plan only if services are furnished exclusively through members of a closed panel to make available to the plan sponsor an option covering services without regard to whether the providers are panel members. Requires HMOs, when a plan sponsor declines that option, to make optional supplemental coverage available in the individual market to each plan participant. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. (Sec. 2102) Requires the General Accounting Office to report to a specified congressional committee on the compliance of: (1) the Department of Justice and all U.S. Attorneys with a specified guideline relating to false claims and civil health care; and (2) the Office of the Inspector General of the Department of Health and Human Services with specified protocols and best practice guidelines. Subtitle C: HealthMarts - Health Care Consumer Empowerment Act of 1998 - Requires that HealthMarts: (1) be nonprofit legal entities composed of small employers, employees of small employers, health care providers, and entities that underwrite or administer health benefits coverage; and (2) make available health coverage to all small employers and eligible employees at rates established by the insurance issuer on a policy or product specific basis. Deems HealthMarts group health plans for purposes of specified provisions of ERISA and the Internal Revenue Code. Requires that coverage made available to an eligible employee in a geographic area be offered to all eligible employees in the same area. Declares that the HealthMart: (1) provides coverage only through contracts with issuers and does not assume insurance risk; (2) provides administrative services for purchasers; and (3) collects and disseminates consumer information on all coverage options offered through the Healthmart. Requires that HealthMart coverage provide full portability of creditable coverage for individuals who remain members of the same HealthMart notwithstanding that they change employers. Allows HealthMart coverage to include coverage: (1) through an HMO, a preferred provider or licensed provider-sponsored organization, an insurance company, a medical savings or flexible spending account, or a community health organization; (2) that includes a point-of- service option; or (3) any combination of those coverages. Requires a HealthMart to permit any small employer to contract for coverage and prohibits varying eligibility conditions. Prohibits the purchaser from obtaining or sponsoring coverage other than through the HealthMart. Prohibits enrollment discrimination based on health. Supersedes certain related State laws. Provides for the application of: (1) certain existing ERISA and Public Health Service Act requirements; and (2) renewability requirements when the contract between a HealthMart and an issuer is terminated. Directs the Secretary of Health and Human Services to administer this subtitle through a separate Health Care Marketplace Division. Subtitle D: Community Health Organizations - Allows a community health organization to offer health coverage in a State in spite of not being licensed in that State if the organization has received a licensure waiver from the Secretary of Health and Human Services and other requirements are met. Mandates the establishment of Federal financial solvency and capital adequacy standards. Title III: Amendments to the Internal Revenue Code of 1986 - Subtitle A: Patient Protections - Amends the Internal Revenue Code to prohibit a group health plan from imposing on a health professional any prohibition on advice provided to a participant or beneficiary. Requires a plan, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization) for emergency medical screening examinations if a prudent layperson would determine the examinations necessary; or (2) routine gynecological or obstetric specialist care, to provide those benefits without an authorization or referral by a primary provider. Requires a plan or issuer, if it provides benefits for routine pediatric specialist care, to allow designation of a pediatric specialist as the primary provider. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. (Sec. 3102) Requires the General Accounting Office to report to specified congressional committees on the compliance of: (1) the Department of Justice and all U.S. Attorneys with a specified guideline relating to false claims and civil health care; and (2) the Office of the Inspector General of the Department of Health and Human Services with specified protocols and best practice guidelines. Subtitle C: Medical Savings Accounts - Repeals provisions limiting the number of individuals having medical savings accounts. Allows all employers to offer the accounts. Modifies requirements regarding: (1) the monthly limitation on related deductions; (2) coordination with the exclusion for employer contributions; and (3) the deductible amounts that will qualify as a high deductible plan. Allows the accounts to be included in cafeteria plans. Sets forth special rules for individuals receiving immediate Federal annuities. (Sec. 3202) Allows medical savings accounts to be used by persons with incomes under a certain amount to pay for insurance offered by a community health center. Title IV: Health Care Lawsuit Reform - Subtitle A: General Provisions - Declares that this title applies to any health care liability action in any State or Federal court, except actions: (1) relating to vaccine-related injury to which title XXI (Vaccines) of the Public Health Service Act applies; or (2) under the Employee Retirement Income Security Act of 1974 (ERISA). Preempts State laws inconsistent with this title, but not that impose greater restrictions than those in this title. Excludes economic or punitive damages and attorneys' fees or costs from the determination of the amount in controversy. Subtitle B: Uniform Standards for Health Care Liability Actions - Establishes a statute of limitations for bringing a health care liability action. (Sec. 4012) Limits non-economic damages. Substitutes any different level set by a State after enactment of this Act. Makes defendants liable only for the proportion of the damages due to the defendant's fault. Allows punitive damages, to the extent permitted by State law, if the claimant establishes by clear and convincing evidence that the defendant's conduct intended to cause harm or manifested a conscious, flagrant indifference to the rights or safety of others. Prohibits punitive damages against a manufacturer or product seller of a drug or medical device where the drug or device was subject to Food and Drug Administration (FDA) premarket approval or the drug is generally recognized as safe and effective by the FDA. Prohibits punitive damages relating to packaging or labeling of a drug that is required to have tamper-resistant packaging unless the packaging or labeling is found by clear and convincing evidence to be substantially out of compliance. Prohibits requiring lump-sum payment of future economic and non-economic damages over $50,000. Allows any defendant to introduce evidence of collateral source payments. Prohibits any collateral source payments provider from recovering any amount against the claimant, receiving any lien or credit against the recovery, or being subrogated to the claimant's rights. (Sec. 4013) Requires any alternative dispute resolution used to resolve a health care liability action or claim to contain provisions consistent with this title. Title V: Confidentiality of Health Information - Amends title XI of the Social Security Act to require health care providers, health plans, employers, health or life insurers, or educational institutions to permit an individual who is the subject of protected health information to inspect and copy the information. Requires, if the individual requests addition of a supplemental statement to the information, that those parties: (1) add the statement and make reasonable efforts to inform any person to whom the information was disclosed during the preceding year; or (2) if addition of the statement is refused, allow the individual to file a statement of disagreement. Requires health care providers, health plans, health oversight agencies, public health authorities, employers, health or life insurers, health researchers, or educational institutions to maintain safeguards to ensure the confidentiality, security, accuracy, and integrity of protected health information. Requires any person who maintains protected health information to disclose the information to a health care provider or health plan to permit the provider or plan to conduct health care operations. Preempts State law provisions that: (1) are inconsistent with certain provisions of this title under Article VI (dealing with national supremacy, among other matters) of the Constitution; or (2) relate to specified matters dealt with in this title. Imposes civil fines for substantially and materially failing to comply with the above provisions of this title. Amends title XVIII (Medicare) of the Social Security Act to authorize the Secretary of Health and Human Services to refuse to enter into, terminate, or refuse to renew an agreement with a physician or supplier that has violated the above provisions of this title. Requires compliance with certain provisions of this title by Medicare+Choice organizations, Medicare providers, and HMOs with risk- sharing contracts. (Sec. 5002) Requires the Comptroller General to report to the Congress on the effect of State laws on health-related research subject to review by an institutional review board or institutional review committee with regard to the protection of human subjects. (Sec. 5003) Requires the Comptroller General to submit to the Congress a compilation of State laws on the confidentiality of protected health information and an analysis of the effect of those laws on the provision of, and securing payment for, health care. (Sec. 5004) Exempts information developed by a health care provider in response to a serious, adverse, patient-related event and for specified purposes (health care response information) from any disclosure requirement, in connection with a civil or administrative proceeding under Federal or State law, to the same extent as information developed by the provider regarding peer review, utilization review, quality management or improvement, quality control, risk management, or internal review to reduce mortality, morbidity, or patient care or safety. Prohibits deeming the protection of health care response information from disclosure modified by the development of such information in connection with a request or requirement of an accrediting body or the transfer of that information to an accrediting body. Title VI: Medical Savings Accounts for Federal Employees - Amends Federal law relating to Federal employees' health insurance to entitle an employee or annuitant enrolled in a high deductible health plan to have a Government contribution made to the employee's or annuitant's medical savings account, subject to exceptions and limitations. Requires that, at the employee's or annuitant's request, an amount specified by the employee or annuitant be withheld from their pay or annuity and contributed to their medical savings account. Requires the Office of Management and Budget (OMB) to contract for a high deductible health plan with any qualified carrier that offers such a plan and offers a plan under provisions relating to Federal employees' health insurance. Allows OMB to contract for a high deductible plan with any qualified carrier that offers such a plan but does not offer a plan under those provisions.
United States · United States Congress · 16 July 1998
Amends title XIX (Medicaid) of the Social Security Act to change from mandatory to discretionary a State's authority to seek adjustment or recovery from an individual's estate of any medical assistance correctly paid on behalf of the individual under the State Medicaid plan.
United States · United States Congress · 16 July 1998
Illegal Alien Forfeiture Act of 1998 - Amends the Immigration and Nationality Act with respect to the civil penalty for illegal U.S. entry to: (1) make such penalty mandatory; and (2) authorize related asset seizure and forfeiture. (Sec. 4) Provides additional civil penalties (and asset seizure and forfeiture) for: (1) transporting illegal aliens into or in the United States; and (2) the alien so transported. (Sec. 5) Makes aliens owing a debt to the United States: (1) deportable; and (2) ineligible for admission or visas. (Sec. 6) Increases the civil penalty for entry of an alien at the improper time or place.
United States · United States Congress · 16 July 1998
Calls for executive agencies, when formulating and implementing policies that have federalism implications, to: (1) strictly adhere to constitutional principles and closely examine the constitutional and statutory authority supporting any Federal action that would limit the policy making direction of the States; (2) take Federal action limiting the policy making discretion of the States only where constitutional authority for the action is clear and certain and the national activity is necessitated by the presence of a problem of national scope; (3) recognize the distinction between problems of national scope and problems that are merely common to the States; (4) recognize that constitutional authority for Federal action is clear and certain only when authority for the action may be found in a specific provision of the Constitution, when there is no provision in the Constitution prohibiting Federal action, and when the action does not encroach upon authority reserved to the States; (5) encourage States to develop their own policies to achieve program objectives and to work with officials in other States; (6) refrain from establishing uniform, national standards for programs and, when possible, defer to the States to establish standards; and (7) consult with officials and organizations representing the States in developing national standards when required. States that: (1) the national Government should grant the States the maximum administration discretion possible with respect to national policies administered by the States; and (2) intrusive Federal oversight of State administration is neither necessary nor desirable. Calls for observation of the following special requirements for preemption of State law: (1) agencies should construe a Federal statute to preempt only when it contains an express preemption provision, when there is some other firm and palpable evidence compelling the conclusion that the Congress intended preemption, or when the exercise of State authority directly conflicts with the exercise of Federal authority under the statute; (2) if a Federal statute does not preempt, such agencies should construe any authorization in the statute for the issuance of regulations as authorizing preemption by rule making only when the statute expressly authorizes issuance of preemptive regulations or when there is some other such evidence compelling the conclusion that the Congress intended to delegate preemption authority; (3) any regulatory preemption should be restricted to the minimum level necessary to achieve the objectives of the statute; (4) an agency that foresees the possibility of a conflict between State law and federally protected interests should consult with State officials and organizations to avoid such a conflict; and (5) an agency that proposes to act through adjudication or rule making should provide all affected States notice and an opportunity for participation in the proceedings.
United States · United States Congress · 15 July 1998
Hospital Length of Stay Act of 1998 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 and titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require that group and individual health insurance coverage, as well as supplemental insurance policies under Medicare and managed care plans under Medicaid, provide coverage for hospital lengths of stay as determined by the attending health care provider in consultation with the patient.
United States · United States Congress · 14 July 1998
Savings and Investment Relief Act of 1998 - Amends the Securities Exchange Act of 1934 with respect to transaction fees for both exchange-traded and exchange-regulated securities and off-exchange trades of last-sale-reported securities. Directs the Securities and Exchange Commission (SEC) to prescribe annually a fiscal year fee limitation based upon the pro rata share of the aggregate dollar amount of securities sales, so that total fee payments will not exceed specified limits. Requires each national securities exchange and national securities association to adopt implementing rules which provide fee reductions for all market participants. Directs the SEC to report annually to the Congress on the total amount of transaction fees collected by each national securities exchange and national securities association. Authorizes future appropriations Acts to increase such fee limitations in any year in which the total fees collected are insufficient for SEC budget authority provided under such Acts.
United States · United States Congress · 25 June 1998
Ten Commandments Defense Act - Declares reserved to the States the power to display the Ten Commandments on State or local government property. Declares that expressions of religious faith by individual persons upon State property are: (1) protected against Federal laws or regulations respecting an establishment of religion or prohibiting the free exercise of religion; and (2) among those liberties of which no State may deprive any person without due process of law made in pursuance of powers reserved to the States. Requires the courts established by the Congress to exercise judicial power in accordance with such declarations.
United States · United States Congress · 25 June 1998
Criminal Welfare Prevention Act, Part III - Amends the Social Security Act to require (current law authorizes) the Commissioner of Social Security to provide prisoner information obtained from the State and local penal institutions or correctional facilities to Federal or federally-assisted cash, food, or medical assistance programs for eligibility purposes.
United States · United States Congress · 25 June 1998
Amends the Clean Air Act to revise procedures regarding the inclusion of metropolitan statistical areas (MSAs) or consolidated MSAs in nonattainment areas. Requires the Administrator of the Environmental Protection Agency to revise the boundaries of all nonattainment areas that included such MSAs before this Act's enactment to exclude all counties within such MSAs that do not contribute significantly to a violation of the national ambient air quality standard concerned.
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 · 9 June 1998
Amends the Arms Export Control Act to exempt Department of Agriculture assistance for the purchase or other provision of food or other agricultural commodities from the prohibition against extensions of U.S. Government credit, credit guarantees, or other financial assistance to countries involved in the transfer or use of nuclear explosive devices.
United States · United States Congress · 9 June 1998
Commemorates the creation of the National Institute of Dental Research, through the National Dental Research Act, and its significant national leadership role.
United States · United States Congress · 22 May 1998
Public Utility Holding Company Act of 1998 - Repeals the Public Utility Holding Company Act of 1935. Prescribes procedural guidelines for both Federal Energy Regulatory Commission (FERC) and State access to records of a holding company (including subsidiaries, associates and affiliates) of a public utility or natural gas company. Instructs FERC to promulgate a final rule to exempt specified holding companies from such access requirements. Requires FERC to exempt any person or transaction from such access requirements if it finds that regulation of such person or transaction is irrelevant to the jurisdictional rates of a public utility company. Retains the jurisdiction of FERC and State commissions to determine whether a public utility company may recover in rates any costs of affiliate transactions. Declares this Act inapplicable to: (1) the United States; (2) a State or its political subdivision; and (3) a foreign governmental authority not operating in the United States. Grants FERC certain Federal Power Act enforcement powers. Transfers from the Securities and Exchange Commission to FERC all books and records that relate primarily to the functions vested in FERC by this Act. Authorizes appropriations. Amends the Federal Power Act to repeal its conflict of jurisdiction guidelines.
United States · United States Congress · 22 May 1998
No Gun Tax Act of 1998 - Amends the Federal judicial code to prohibit a Federal officer, employee, or agent, including a State or local employee or officer acting on behalf of the United States (officer), from charging or collecting any fee in connection with a background check required in connection with the transfer of a firearm. Amends the Federal criminal code to prohibit and set penalties for the unlawful retention, or transfer to another person, of firearms background check information by such officer or by a Federal contractor or consultant after: (1) the 24-hour period beginning with the receipt of such information on an individual who is determined not to be prohibited from receiving a firearm; and (2) the five-year period beginning with the receipt of such information on an individual who is prohibited from receiving a firearm.
United States · United States Congress · 22 May 1998
Consumer's Choice Protection Act of 1998 - Declares the purposes of this Act, including to make it clear that firearms imports may not be subject to discriminatory treatment, and that citizens should retain the choice to own and use such firearms for all lawful purposes, including hunting, self-defense, collecting, competitive shooting, or plinking. Amends the Federal criminal code with respect to mandatory authorization of the importation or bringing into the United States of certain firearms or ammunition. Requires the Secretary of the Treasury to authorize importation of any such weapon or ammunition within 30 days after receiving the application for an import permit. Excludes from such importation mandate any firearm subject to the ban on semiautomatic assault weapons. Requires the Secretary also to authorize within 30 days of receiving an application the conditional importation or bringing in of any weapon or ammunition for examination and testing to determine whether regular importation or bringing in shall be allowed.
United States · United States Congress · 21 May 1998
Better IDEA Act - Repeals the Goals 2000: Educate America Act. Amends the Elementary and Secondary Education Act of 1965 to reduce amounts authorized to be appropriated in FY 1999 for: (1) the title II Dwight D. Eisenhower Professional Development Program; and (2) the title X part A Fund for the Improvement of Education. Provides that the General Education Provisions Act shall not apply to extend the authority of such funding for such Program and Fund. Directs the Secretary of Education to make available for programs under part B of the Individuals with Disabilities Education Act any funds that are not expended or obligated as a result of this Act.
United States · United States Congress · 20 May 1998
TABLE OF CONTENTS: Title I: Asbestos Resolution Corporation Title II: Medical Eligibility Determinations Title III: Alternative Dispute Resolution Title IV: Civil Actions Title V: Rules Applicable to Arbitrations and Civil Actions Title VI: Funding Title VII: Applicability; Pending Civil Action Title VIII: Miscellaneous Provisions Fairness in Asbestos Compensation Act of 1998 - Title I: Asbestos Resolution Corporation - Establishes the Asbestos Resolution Corporation which shall: (1) have exclusive authority to adopt rules for cost recovery, physician qualifications, alternative dispute resolution, exceptional medical cases, and disease eligibility; and (2) appoint a Medical Advisory Board. Title II: Medical Eligibility Determinations - Sets forth claimant medical eligibility determination criteria for: (1) nonmalignant conditions; (2) mesothelioma; (3) lung cancer; and (4) other cancer. (Sec. 205) Sets forth procedures for Corporation determination of a claimant's certificate of medical eligibility. (Sec. 206) Directs the Corporation to establish one or more exceptional medical claims panels. Sets forth application and acceptance provisions. (Sec. 207) Provides for: (1) confidentiality; and (2) U.S. district court review of Corporation determinations of eligibility. Title III: Alternative Dispute Resolution - Directs the Board to establish procedural rules for an alternative dispute resolution process. Sets forth provisions regarding: (1) motions officers; (2) respondent notification; (3) additional respondents; (4) grace period; (5) mediation and arbitration; and (6) subpoena powers. Title IV: Civil Actions - Prohibits: (1) a civil asbestos action unless the plaintiff has obtained a certificate of medical eligibility and release from mediation; and (2) a class action or other collective action without the consent of each defendant. (Sec. 404) Requires a penalty for a final offer made by a respondent in mediation if such offer is below a certain amount assigned by the jury or fact-finder. Title V: Rules Applicable to Arbitrations and Civil Actions - Sets forth arbitration and civil action rules with respect to: (1) relief; (2) timeliness defenses; (3) attorney's fees; and (4) nonpreclusion of nonmalignant claims upon subsequent malignancy claims. Title VI: Funding - Directs the Corporation to estimate its annual medical review and administrative and overhead costs and allocate proportionate cost shares among the previous year's respondents. Provides monetary penalties for noncooperation with the Corporation. (Sec. 602) Provides for mediation and arbitration costs to be charged on a per capita basis to participating respondents. (Sec. 603) Directs the Corporation to establish procedures for informal resolution of cost assessment disputes. Provides for U.S. district court review of cost assessment disputes. Title VII: Applicability; Pending Civil Actions - Makes this Act applicable to any civil asbestos action that has not resulted in a final, nonappealable judgment, with specified conditions applicable to pending civil actions. Title VIII: Miscellaneous Provisions - Defines specified terms. (Sec. 804) Makes this Act inapplicable to existing asbestos trusts, with an elective trust exception.
![Official portrait of Rep. Norwood, Charles W. [R-GA-9]](https://www.congress.gov/img/member/n000159_200.jpg)