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United States · Official source
1,962 records where Rep. Pomeroy, Earl [D-ND-At Large] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 6 January 1999
Self-Employed Health Affordability Act of 1999 - Amends the Internal Revenue Code to increase the deduction allowed for the health insurance costs of self-employed individuals to 100 percent.
United States · United States Congress · 6 January 1999
Family Retirement Savings Act of 1999 - Amends the Internal Revenue Code to allow a limited credit for contributions to individual retirement accounts.
United States · United States Congress · 6 January 1999
Surplus Protection Act of 1999 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide that the purpose of pay-as-you-go provisions is to ensure that legislation (currently, legislation enacted before FY 2002) affecting direct spending or receipts that results in a net budget increase (currently, increases the deficit) will trigger an offsetting sequestration, except to the extent that the total budget surplus exceeds the social security surplus. Extends pay-as-you-go and other specified provisions through FY 2009. Defines "budget increase" and "budget decrease" to mean, for purposes of pay-as-you-go provisions, an increase or decrease, respectively, in direct spending outlays or a decrease or increase, respectively, in receipts relative to the baseline. Requires a sequestration to offset the amount of any net budget (currently, deficit) increase caused by all direct spending and receipts legislation. Applies a sequestration for a fiscal year only to the extent that any surplus, before the sequestration in the total budget (which includes both on- and off-budget Government accounts), is less than the combined surplus for that year in the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund.
United States · United States Congress · 6 January 1999
Expresses the sense of the Congress with respect to promoting long-term care coverage.
United States · United States Congress · 12 October 1998
Canola Pesticide Registration Harmonization Act - Expresses the sense of the Congress that the President should direct the United States trade representative to the United States-Canada Technical Working Group to urge the Group to harmonize registration of certain pesticides used on canola. Directs the Administrator of the Environmental Protection Agency to establish domestic and import tolerances for such pesticides.
United States · United States Congress · 11 October 1998
Authorizes the Secretary of the Army to carry out a flood damage reduction and recreation project at Grand Forks, North Dakota, and East Grand Forks, Minnesota, substantially in accordance with the plans and subject to the conditions recommended in a final report of the Chief of Engineers, as approved by the Secretary.
United States · United States Congress · 8 October 1998
Emergency Agricultural Response Act of 1998 - Amends the Agricultural Act of 1970 to authorize the use of disaster reserve authority to augment crop insurance benefits for producers affected by multiple year crop losses. Appropriates funds subject to presidential emergency budget designation. (Sec. 3) Amends the Agricultural Market Transition Act to revise marketing assistance loan rates for: (1) wheat; (2) feed grains (corn); (3) upland cotton; (4) extra long staple cotton; (5) rice; and (6) oilseeds. Authorizes six-month loan extensions. (Sec. 5) Repeals the temporary suspension of the farmer owned reserve program. (Sec. 6) Directs the Secretary of Agriculture to build and manage a reserve stock of a loan commodity whenever such commodity's prices fall below 75 percent of its marketing assistance loan rate. (Sec. 7) Authorizes the Secretary to transfer specified Department of Agriculture funds to the Farm Service Agency in order to improve local and area Agency services. (Sec. 8) Amends the Food Security Act of 1985 to direct the Secretary to carry out a three-year conservation reserve for certain diseased croplands. (Sec. 9) Sets forth specified crop insurance rules for disaster- designated counties. (Sec. 10) Amends the Consolidated Farm and Rural Development Act to increase FY 1999 budget authority and appropriations for direct loan, loan guarantee, and interest rate reduction programs.
United States · United States Congress · 2 October 1998
Emergency Agricultural Response Act of 1998 - Amends the Agricultural Act of 1970 to authorize the use of disaster reserve authority to augment crop insurance benefits for producers affected by multiple year crop losses. Appropriates funds subject to presidential emergency budget designation. (Sec. 3) Amends the Agricultural Market Transition Act to revise marketing assistance loan rates for: (1) wheat; (2) feed grains (corn); (3) upland cotton; (4) extra long staple cotton; (5) rice; and (6) oilseeds. Authorizes six-month loan extensions. (Sec. 5) Repeals the temporary suspension of the farmer owned reserve program. (Sec. 6) Directs the Secretary of Agriculture to build and manage a reserve stock of a loan commodity whenever such commodity's prices fall below 75 percent of its marketing assistance loan rate. (Sec. 7) Authorizes the Secretary to transfer specified Department of Agriculture funds to the Farm Service Agency in order to improve local and area Agency services. (Sec. 8) Amends the Food Security Act of 1985 to direct the Secretary to carry out a three-year conservation reserve for certain diseased croplands. (Sec. 9) Sets forth specified crop insurance rules for disaster-designated counties.
United States · United States Congress · 1 October 1998
Keep Kids Safe at Schools Act - Amends the National Child Protection Act of 1993 to include elementary and secondary schools as qualified entities that are subject to such Act's requirements for a national system of child abuse crime information and background checks.
United States · United States Congress · 26 September 1998
Prescription Drug Fairness Act - Allows any qualified pharmacy to enter into an agreement with the Secretary of Health and Human Services to enable the pharmacy to sell covered outpatient drugs to Medicare beneficiaries (under title XVIII of the Social Security Act) at a reduced price. Requires such an agreement to: (1) entitle the participating pharmacy to purchase any covered outpatient drug listed on the Federal Supply Schedule of the General Services Administration at the participating pharmacy discount price for that drug; and (2) permit the participating pharmacy to purchase under this Act as much of a covered outpatient drug as it sells to Medicare beneficiaries. Sets forth guidelines for determining the participating pharmacy discount price and a special rule for Medicare beneficiaries enrolled in a hospice program. Directs the Secretary to: (1) administer this Act in a manner that uses existing methods of obtaining and distributing drugs to the maximum extent possible, consistent with efficiency and cost effectiveness; and (2) report to the Congress annually regarding the effectiveness of this Act in protecting Medicare beneficiaries from discriminatory pricing by drug manufacturers, along with any appropriate legislative recommendations to further reduce the cost of covered outpatient drugs to such beneficiaries.
United States · United States Congress · 25 September 1998
Prescription Drug Fairness for Seniors Act of 1998 - Directs the Secretary of Health and Human Services to furnish each Medicare beneficiary under title XVIII of the Social Security Act with a drug benefit card enabling the beneficiary to purchase covered outpatient prescription drugs listed on the Federal Supply Schedule from participating pharmacies at reduced prices.
United States · United States Congress · 23 September 1998
Farm Income Security Act of 1998 - Amends the Agricultural Market Transition Act to provide for: (1) a retroactive lifting of 1998 marketing assistance loan rate caps; and (2) a discretionary increased loan rate for the 1998 rice crop.
United States · United States Congress · 18 September 1998
TABLE OF CONTENTS: Title I: Provisions Primarily Affecting Individuals and Families Subtitle A: General Provisions Subtitle B: Provisions Relating to Education Subtitle C: Provisions Relating to Social Security Title II: Provisions Primarily Affecting Farming and Other Businesses Subtitle A: Increase in Expense Treatment for Small Businesses Subtitle B: Provisions Relating to Farmers Subtitle C: Increase in Volume Cap on Private Activity Bonds Title III: Extension and Modification of Certain Expiring Provisions Subtitle A: Tax Provisions Subtitle B: Generalized System of Preferences Title IV: Revenue Offset Title V: Technical Corrections Title VI: American Community Renewal Act of 1998 Subtitle A: Designation and Evaluation of Renewal Subtitle B: Tax Incentives for Renewal Communities Title VII: Tax Reductions Contingent On Saving Social Security Taxpayer Relief Act of 1998 - Title I: Provisions Affecting Individuals and Families - Subtitle A: General Provisions - Amends the Internal Revenue Code (IRC) to: (1) make the basic standard deduction on a joint return equal to twice the deduction of a single return; (2) make the aged or blind additional deduction amounts the same for married and unmarried individuals; (3) as a general rule, exclude from gross income up to $200 ($400 in the case of a joint return) of dividends and interest received by an individual; (4) revise provisions concerning the aggregate amount of nonrefundable personal credits allowed to provide that the aggregate amount of such credits shall not exceed the sum of the taxpayer's regular tax liability and the alternative minimum tax; (5) allow for the deduction of 100 percent of the health insurance costs of self-employed individuals; (6) set forth a special rule for members of the uniformed services and foreign service in determining the exclusion of gain from the sale of a principal residence; and (7) accelerate the $1 million exemption from the estate and gift taxes. Subtitle B: Provisions Relating to Education - Permits private educational institutions to maintain qualified tuition programs which are comparable to qualified State tuition programs. Modifies arbitrage rebate rules applicable to public school construction bonds. Subtitle C: Provisions Relating to Social Security - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to: (1) increase the limit on earnings before there is a reduction in benefits for individuals who have attained retirement age but who are under age 70; and (2) provide for the recomputation of benefits resulting from earnings after reaching retirement age. Title II: Provisions Primarily Affecting Farming and Other Businesses - Subtitle A: Increase in Expense Treatment for Small Businesses - Amends the IRC to accelerate the increase in the dollar limitation on the cost of property which may be expensed by businesses as depreciable assets. Subtitle B: Provisions Relating to Farmers - Amends the Taxpayer Relief Act of 1997 to permanently extend income averaging for farmers. Amends the IRC to provide a five-year carryback period for farming losses. Amends the Agricultural Market Transition Act to disregard the payment option provided by the Emergency Farm Financial Relief Act. Subtitle C: Increase in Volume Cap on Private Activity Bonds - Amends IRC provisions concerning State private activity bond volume limits to repeal the adjustment for years after 1987. Title III: Extension and Modification of Certain Expiring Provisions - Subtitle A: Tax Provisions - Extends, for a limited period, the: (1) credit for increasing research activities; (2) work opportunity credit; and (3) welfare-to-work credit. Extends permanently the special rule for contributions of stock for which market quotations are readily available. Establishes rules for the public inspection of the returns of private foundations. Revises provisions concerning the special rule for income derived in the active conduct of banking, financing, or similar businesses to provide, as general rule, that foreign personal holding company income shall not include qualified banking or financing income of an eligible controlled foreign corporation. Revises the definition of insurance income and provides that, as a general rule, foreign personal holding company income shall not include qualified insurance income of a qualifying insurance company. Subtitle B: Generalized System of Preferences - Amends the Trade Act of 1974 to extend the Generalized System of Preferences through February 29, 2000. Provides for the retroactive application of certain liquidations and reliquidations. Title IV: Revenue Offset - Amends IRC provisions concerning the complete liquidations of subsidiaries to provide that if a corporation receives a distribution form a regulated investment company or a real estate investment trust which is considered as being in complete liquidation of such company or trust, then such corporation shall treat as a dividend from such trust or company an amount equal to the deduction for dividends paid allowable to such company or trust by reason of such distribution. Title V: Technical Corrections - Revises provisions of the IRC, the Internal Revenue Service Restructuring and Reform Act of 1998, the Taxpayer Relief Act of 1997, the Tax Reform Act of 1984, and the Transportation Equity Act for the 21st Century. Title VI: American Community Renewal Act of 1998 - American Community Renewal Act of 1998 - Subtitle A: Designation and Evaluation of Renewal Communities - Renewing American Communities Act of 1998 - Amends the IRC to authorize the Secretary of Housing and Urban Development to designate (upon local or State nomination) up to 20 renewal communities, of which at least 20 percent shall be in rural areas. Requires for nomination purposes that: (1) the area be experiencing high rates of poverty and unemployment and general distress; and (2) State and local governments enter into written contracts with community organizations to promote specified economic growth and employment activities. Treats renewal communities as labor surplus areas for all Federal law purposes. Subtitle B: Tax Incentives for Renewal Communities - Excludes from gross income capital gains on the sale or exchange of a qualified community asset (stock, business property, or partnership interest) held for more than five years. Allows a specified deduction for amounts paid into a family development account on behalf of an individual or another qualified individual who is a renewal community resident. Excludes from gross income account distributions used for qualified family development expenses (postsecondary education, first-home purchase, business capitalization, medical, and rollovers). Provides a penalty (with exceptions) in addition to inclusion as gross income for nonqualifying distributions. Provides for designation of up to 25 percent of qualifying renewal communities as matching demonstration areas eligible to receive family development account matching contributions. Authorizes: (1) designation of earned income tax credit payments for family development account deposit; (2) a commercial building revitalization tax credit; (3) increased first year expensing for renewal community businesses; (4) extension of environmental remediation cost expensing and the work opportunity credit for renewal communities; and (5) similar tax treatment of renewal communities and enterprise zones for specified youth residence requirements. Permits a deduction for contributions to a family development account whether or not a taxpayer itemizes. Makes conforming amendments to provisions respecting: (1) tax on excess contributions and prohibited transactions; (2) trust and annuity information; (3) tax exemption applications; and (4) the commercial revitalization credit. Title VII: Tax Reductions Contingent On Saving Social Security - Prohibits any provision of this Act from taking effect before the first January 1 after the date of enactment of this Act that follows a calendar year for which there is a social security solvency certification, except for specified provisions. States that there is a social security solvency certification for a calendar year if there is a certification that the social security trust funds are in actuarial balance for the 75-year period utilized in the most recent annual report of the Board of Trustees of the Social Security Trust Funds. Provides for the reservation of any social security surpluses for the sole use of the social security system.
United States · United States Congress · 6 August 1998
Amends the Family Violence Prevention and Services Act to direct the Secretary of Health and Human Services to award grants to States and local health care entities to strengthen their response to domestic violence by building the capacity of health care professionals and staff to identify, address, and prevent domestic violence. Prescribes guidelines for State and local demonstration grants. Authorizes appropriations.
United States · United States Congress · 6 August 1998
Temporary Emergency Agriculture Relief Act of 1998 - Amends the Agricultural Act of 1970 to authorize the temporary use of Commodity Credit Corporation funds and facilities to provide cash assistance to agricultural producers adversely affected by natural disasters, including coverage for 1998 losses.
United States · United States Congress · 6 August 1998
Long-Term Care and Retirement Security Act of 1998 - Amends the Internal Revenue Code to permit a deduction for eligible long-term health care premiums for an individual who is not eligible for an employer-subsidized long-term care health plan.
United States · United States Congress · 5 August 1998
Homebound Elderly Relief Opportunity Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Balanced Budget Act of 1997 (BBA '97), with respect to the computation formula of the interim system of limited payments for services provided by home health agencies. Declares that such interim system shall apply only if aggregate expenditures for home health services in a fiscal year exceed specified applicable amounts for FY 1998 and 1999 (with adjustments through FY 2002). Requires the Secretary of Health and Human Services, in the case of such an excess, to implement such system beginning January 1 of the year following the fiscal year in which such aggregate expenditures exceed the applicable amount. Includes in the computation formula the separate determination of costs for agencies in rural and nonrural areas. Provides for adjustment of payments (up to five percent of the aggregate projected or estimated payments) for outliers where the reasonable cost for home health services to an individual exceeds the per beneficiary limit by a fixed number of standard deviations. Eliminates the special rule for new agencies with respect to determination of the reasonable cost of home health services. Provides for a five percent increase in per-visit cost limits for cost reporting periods beginning on or after October 1, 1997. Amends SSA title XVIII (Medicare) to modify calculation of the payment amount for home health services under the prospective payment system (PPS) for them created under BBA '97. Provides for an adjustment in the current 15 percent reduction in cost and per beneficiary limits for cost reporting periods beginning before October 1, 2002, if the PPS is not established for the pertinent cost reporting periods, with a return of the current reduction for cost reporting periods beginning on or after such date. Amends SSA title XVIII to provide for temporary restoration of periodic interim payment for home health services until the PPS for such services is implemented under Medicare.
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 · 29 July 1998
Urges the President to focus appropriate attention on the issue of neighborhood crime prevention, community policing, and reduction of school crime by delivering speeches, convening meetings, and directing his Administration to make reducing crime an important priority.
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 · 20 July 1998
Recognizes the importance of children and families to the future of the United States. Expresses support for the goals of National KidsDay and National Family Month, as established by KidsPeace. Encourages the people of the United States to participate in local and national activities and celebrations recognizing National KidsDay and National Family Month.
United States · United States Congress · 17 July 1998
Food Safety Enforcement Enhancement Act of 1998 - Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to: (1) require a person, other than a household consumer, who has reason to believe meat or poultry products to be adulterated or misbranded to so notify the Secretary of Agriculture; and (2) provide the Secretary with authority for voluntary and mandatory nondistribution and recall, withdrawal of inspectors from violating facilities, and civil penalties.
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
TABLE OF CONTENTS: Title I: Pension Access and Coverage Subtitle A: Improved Access to Individual Retirement Savings Subtitle B: Secure Money Annuity or Retirement (SMART) Trusts Subtitle C: Improved Fairness in Retirement Plan Benefits Title II: Security Subtitle A: General Provisions Subtitle B: ERISA Enforcement Subtitle C: Increase in Excise Tax on Employer Reversions Title III: Portability Title IV: Comprehensive Women's Pension Protection Subtitle A: Pension Reform Subtitle B: Protection of Rights of Former Spouses to Pension Benefits Under Certain Government and Government-Sponsored Retirement Programs Subtitle C: Modifications of Joint and Survivor Annuity Requirements Title V: Date for Adoption of Plan Amendments Retirement Accessibility, Security, and Portability Act of 1998 - Title I: Pension Access and Coverage - Subtitle A: Improved Access to Individual Retirement Savings - Amends the Internal Revenue Code (IRC) to allow a tax credit for up to a maximum $500 of the qualified start-up costs of eligible small employers in establishing a qualified pension plan or qualified employer payroll deduction system. (Sec. 102) Provides for an exclusion from an employee's gross income of payroll deduction contributions to individual retirement accounts (IRAs). (Sec. 103) Provides for a nonrefundable tax credit for contributions to individual retirement plans. (Sec. 104) Allows the use without penalty of distributions from certain plans during periods of unemployment. Subtitle B: Secure Money Annuity or Retirement (SMART) Trusts - Establishes a defined benefit plan option for small businesses, to be known as secure money annuity or retirement (SMART) trusts. Subtitle C: Improved Fairness in Retirement Plan Benefits - Amends the IRC to require a specified minimum employer contribution to SIMPLE retirement accounts. Provides for an employer option to suspend contributions with 30-days' notice. Amends the Employee Retirement Income Security Act of 1974 (ERISA) with respect to fiduciary duties in the case of such accounts. (Sec. 122) Amends the IRC to set forth various nondiscrimination rules for qualified cash or deferred arrangements and matching contributions. (Sec. 123) Increases from $75,000 to $80,000 per year specified compensation criteria for a highly compensated employee. Excludes specified categories of employees with respect to age, short length of service, and part-time service from the meaning of highly compensated employee. (Sec. 124) Includes multiemployer plans, as well as governmental plans, under specified provisions of IRC for: (1) special limitation rules relating to compensation limits; and (2) exemptions for survivor and disability benefits. (Sec. 125) Declares that compensation deferred under a mirror plan shall not be taken into account in applying certain limits (with respect to deferred compensation plans of State and local governments and tax-exempt organizations) to compensation deferred under any other deferred compensation plan. (Sec. 126) Amends specified Federal law relating to Federal employees to allow immediate participation in the Thrift Savings Plan for Federal employees by eliminating certain waiting periods. (Sec. 127) Amends IRC and ERISA to set a full funding limitation for multiemployer plans. (Sec. 128) Eliminates IRC partial termination rules for multiemployer plans. (Sec. 129) Replaces the 150 percent of current liability factor in the calculation of the full-funding limit with an incremental scale from 155 percent in 1998 to 170 percent in 2001, followed by zero in 2002 and succeeding years. Title II: Security - Subtitle A: General Provisions - Amends ERISA to revise requirements for periodic pension benefits statements. (Sec. 202) Applies an ERISA requirement for annual, detailed investment reports to certain IRC section 401(k) plans. (Sec. 203) Directs the Secretary of Labor, in prescribing regulations for required information in such reports, to consider including specified types of information. (Sec. 204) Directs the Secretary to study and report to the Congress on: (1) the extent to which pension plans invest in collectibles; and (2) whether such investments present a risk to the pension security of the participants and beneficiaries of such plans. (Sec. 205) Amends IRC to prohibit qualified employer plans from making loans through credit cards and other intermediaries. (Sec. 206) Increases the amounts of multiemployer plan benefits guaranteed under ERISA. (Sec. 207) Increases the maximum amount of the civil penalty which may be assessed administratively for certain prohibited transactions. (Sec. 208) Amends ERISA with respect to substantial owner benefits to revise the phase-in of guarantee and the allocation of assets. (Sec. 209) Directs the Secretary to report annually to the President and the Congress on plans from which residual assets were distributed to employers (reversion report). Subtitle B: ERISA Enforcement - Amends ERISA enforcement provisions to change from mandatory to discretionary the Secretary's authority to impose certain civil penalties for breach of fiduciary responsibilities. (Sec. 212) Revises reporting and enforcement requirements for employee benefit plans. Requires plan administrators and accountants to notify the Secretary: (1) of specified irregularities; and (2) upon termination of the accountant. Authorizes the Secretary to impose civil penalties for failure to make such notifications. (Sec. 213) Sets forth additional ERISA requirements for qualified public accountants. (Sec. 214) Directs the Inspector General of the Department of Labor to study, and report to the Congress and the Secretary on, the need for regulatory standards and procedures to authorize the Secretary, in appropriate cases, to prohibit persons from serving as qualified accountants for purposes of specified annual reports. Subtitle C: Increase in Excise Tax on Employer Reversions - Amends the IRC to increase the excise tax on reversions of qualified employee benefit plan assets to employers. Title III: Portability - Amends ERISA and the IRC to provide for faster vesting of employer matching contributions. (Sec. 302) Revises certain restrictions on distributions from IRC section 401(k) plans. (Sec. 303) Amends ERISA and the IRC with respect to an accrued benefit not to be decreased by plan amendment to revise the treatment of transfers between defined contribution plans. (Sec. 304) Amends ERISA rules requiring transfer of benefits of missing participants to direct the Pension Benefit Guaranty Corporation (PBGC) to prescribe similar rules for multiemployer plans that terminate. Requires transfer of missing participants' plan benefits to the PBGC by certain plans not otherwise subject to ERISA enforcement provisions. (Sec. 305) Allows rollovers from and to the IRC section 403(b) plans. (Sec. 306) Amends the IRC to set forth requirements relating to rollover contributions from deferred compensation plans of State and local governments. (Sec. 307) Extends the IRC 60-day rollover period in the case of presidentially declared disasters and service in combat zones. (Sec. 308) Excludes from gross income, for certain IRC purposes, amounts involved in a direct trustee-to-trustee transfer to a defined benefit governmental plan, if such transfer is for: (1) purchase of service credit under such plan; or (2) a specified type of repayment. Title IV: Comprehensive Women's Pension Protection - Subtitle A: Pension Reform - Amends the IRC and ERISA to provide for the spouse's right to know specified distribution information relating to survivor annuities. Provides for the employee's right to know of the opportunity for elective contributions under IRC section 401(k) plans. (Sec. 402) Directs the Secretary of Labor to contract with an independent organization to create a women's pension toll-free phone number and contact. Authorizes appropriations. (Sec. 403) Amends the Social Security Act to modify the government pension offset with respect to certain insurance benefits for wives, husbands, widows, widowers, and mothers and fathers. (Sec. 404) Amends the IRC and ERISA to treat periods of family and medical leave, under the Family and Medical Leave Act of 1993, as hours of service for purposes of pension participation and vesting. (Sec. 405) Amends the IRC to: (1) disallow integration for simplified employee pensions; and (2) provide for eventual repeal of certain pension integration rules. (Sec. 406) Amends the IRC and ERISA with respect to division of pension benefits upon divorce, at the former spouse's election, to deem any State divorce decree to be a domestic relations order specifying that half of the marital share of the participant's accrued benefit is to be provided to such former spouse. (Sec. 407) Amends the Railroad Retirement Act of 1974 (RRA) to entitle divorced spouses to railroad retirement annuities independent of the employee's actual entitlement. Subtitle B: Protection of Rights of Former Spouses to Pension Benefits Under Certain Government and Government-Sponsored Retirement Programs - Amends RRA to extend Tier II railroad retirement benefits to surviving former spouses pursuant to divorce agreements. (Sec. 412) Amends Federal civil service law with respect to survivor annuities for widows, widowers, and former spouses of Federal employees who die before attaining the age for deferred annuity under the Civil Service Retirement System (CSRS). (Sec. 413) Amends Federal civil service law with respect to payment of lump-sum benefits to former spouses of Federal employees under CSRS and the Federal Employees' Retirement System (FERS). Subtitle C: Modifications of Joint and Survivor Annuity Requirements - Modifies ERISA and IRC requirements for joint and survivor annuities to provide for an alternative joint and two-thirds survivor annuity payable while both the participant and the spouse are alive. (Sec. 422) Requires spousal consent for distributions from the IRC section 401(k) plans. Title V: Date for Adoption of Plan Amendments - Sets forth dates for adoption of plan amendments.
United States · United States Congress · 25 June 1998
Teacher Technology Training Act of 1998 - Amends the Internal Revenue Code to increase the Lifetime Learning Credit for an elementary or secondary school teacher attending an approved technology training course.
United States · United States Congress · 23 June 1998
Expresses the sense of the House of Representatives that: (1) the Congress must assure that the fundamental protections that social security provides for American families are available for generations to come; (2) the problems facing the social security system are manageable and can be prudently addressed by making careful and modest changes; (3) hastily conceived and radical solutions, such as utilizing social security system resources to fund individual accounts, require significant reductions in guaranteed benefits, are not necessary to assure the financial solvency of the system, and should be rejected; (4) solutions to a projected shortfall should be enacted within the existing social security structure, without compromising the guaranteed nature of benefits to individuals and families under the social security system; and (5) any solutions adopted by the Congress must be nondiscriminatory and equitable to Americans of all ages and must help insure American workers and their families against the economic risks associated with disability, the death of a parent or spouse, and retirement.
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
Expresses the sense of the Congress with respect to the implementation of the Food Quality Protection Act of 1996 and the related responsibilities of the Environmental Protection Agency.
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 · 3 June 1998
Family Retirement Savings Act of 1998 - Amends the Internal Revenue Code to allow a limited credit for contributions to individual retirement accounts.
United States · United States Congress · 14 May 1998
Class-Size Reduction and Teacher Quality Act of 1998 - Establishes a grants program to help States and local educational agencies recruit, train, and hire 100,000 additional teachers over a seven-year period in order to: (1) reduce class sizes nationally, in grades one through three, to an average of 18 students per classroom; and (2) improve teaching in the early grades so that all students can learn to read independently and well by the end of the third grade. Makes appropriations for FY 1999 through 2008 for such program. Sets forth program requirements for: (1) allocations to States; (2) grant applications; (3) within-State allocations; (4) State-level activities; (5) uses of funds; (6) cost-sharing; (7) carryover of funds; (8) accountability; (9) participation of private school teachers; (10) evaluation; and (11) waivers.
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 · 14 May 1998
Teacher Investment and Enhancement Act - Amends the Internal Revenue Code to increase the Lifetime Learning Credit for the continuing education tuition expenses of a secondary teacher if such expenses are incurred for attending courses directly relevant to the subject matter taught by the teacher.
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
Medicare Insulin Pump Coverage Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to cover insulin infusion pumps as items of durable medical equipment.
United States · United States Congress · 7 May 1998
Comprehensive Travel Reform Rule of 1998 - Requires each Member, officer, and employee of the House of Representatives to report to the Clerk of the House on the following categories of travel undertaken by the individual: (1) travel for which payment is made from the Members' representational allowance or from the accounts of a House committee or office, other than travel undertaken by a Member (or by his or her employee or an employee of a committee on which the Member is the chair or ranking minority member) between the Member's district and the District of Columbia; (2) travel within a foreign country for which payment is made by the foreign government; and (3) travel in support of the official business of such individual for which payment is made from any source other than described above. Sets forth the contents of such reports and includes within them (for travel paid for by certain nonprofit organizations) a copy of the organizations' contributions and expenditures filed with the IRS and a copy of their schedule of contributions of $5,000 or more received by them during a taxable year. Requires the report within 30 (currently, 60) days after the completion of the travel involved. Makes conforming amendments to rule XI (committee travel expenses) and rule LI (gift ban) of the Rules of the House. Requires the Clerk to notify the House Committee on Standards of Official Conduct of any Member, officer, or employee who reports after the applicable deadline or whose report fails to meet the requirements of this Act. Provides for: (1) quarterly compilations of such travel reports as well as annual reports of all House travel to be published in the Congressional Record; and (2) availability of such reports on the Internet. Prohibits a Member, officer, or employee from accepting any of the travel described in this Act for which: (1) first class airfare is provided; or (2) the total costs of meals and lodging exceed the amount of the maximum per diem rate set forth in applicable Federal law for other government employees. Exempts travel expenses incurred on behalf of either the spouse or a child of the Member, officer, or employee from restrictions on privately-funded gifts for spouse or family member travel only if the travel is not offered or enhanced because of the official position of the Member, officer, or employee and is customarily provided to others in similar circumstances. Allows the total expenditure for travel under this Act for an individual to exceed the published per diem rate applicable for Federal employees who are not Members, officers, or employees of the House only if the Member or officer involved authorizes the expenditure of a greater amount before the travel occurs. Prohibits a Member, officer, or employee of the House from accepting any official travel paid by private sources unless the travel is preauthorized by the Committee.
United States · United States Congress · 4 May 1998
TABLE OF CONTENTS: Title I: Expanding Coverage Title II: Enhancing Fairness for Women and Children Title III: Increasing Portability for Participants Title IV: Strengthening Pension Security and Enforcement Title V: Reducing Regulatory Burdens Retirement Security for the 21st Century Act - Amends the Internal Revenue Code (the Code) with respect to pensions. Title I: Expanding Coverage - Restores the amounts of certain limitations formerly in effect under the Code for: (1) defined benefit plans; (2) defined contribution plans; (3) qualified trusts; (4) elective deferrals; (5) deferred compensation plans of State and local governments and tax-exempt organizations; (6) simple retirement accounts; and (7) cost-of-living adjustments. (Sec. 102) Amends the Code and the Employee Retirement Income Security Act of 1974 (ERISA) to revise requirements relating to plan loans for subchapter S owners, partners, and sole proprietors. (Sec. 103) Allows employers to elect salary reduction only arrangements under Code requirements for simple plans. (Sec. 104) Revises specified top-heavy rules. Repeals family aggregation rules. Revises the definition of key employee. Provides that, at the election of the employer, any employee elective contribution to a plan shall not be taken into account for purposes of determining: (1) whether a plan is a top-heavy plan (or whether any aggregation group which includes such plan is a top-heavy group); or (2) compensation. Requires that employer matching contributions be taken into account for purposes of minimum contribution requirements. Revises requirements for qualifications. Provides for distributions during the last year before a determination date is taken into account. Excludes from the definition of top-heavy plan: (1) cash or deferred arrangements using alternative methods of meeting nondiscrimination requirements; and (2) defined contribution plans using alternative methods of meeting nondiscrimination requirements. Provides that elective deferrals will not be taken into account for purposes of a special rule where the maximum contribution is less than three percent. (Sec. 105) Provides that qualified staffing firms are to be considered employers for purposes of: (1) specified employment taxes; and (2) providing employee benefits. Provides for coverage of leased employees in employment benefit plans by: (1) applying to leased employees certain requirements concerning cash or deferred arrangements, matching contributions, and employee contributions; and (2) setting forth special rules for the leasing organization's plan. Revises safe harbor plan requirements. (Sec. 106) Provides that elective deferrals shall not be taken into account for purposes of limits on certain plan contributions. (Sec. 107) Amends ERISA to provide for a phase-in of an additional premium for new plans to pay to the Pension Benefit Guaranty Corporation (PBGC). (Sec. 108) Repeals specified coordination requirements under the Code for deferred compensation plans of State and local governments and tax-exempt organizations. Title II: Enhancing Fairness for Women and Children - Allows additional salary reduction catch-up contributions for those approaching retirement under Code requirements relating to: (1) elective deferrals; (2) simple retirement accounts; and (3) deferred compensation plans of State and local governments and tax-exempt organizations. (Sec. 202) Sets forth requirements relating to equitable treatment for contributions of employees to defined contribution plans. Requires that certain contributions by church plans are not to be treated as exceeding a specified limit. (Sec. 203) Provides for faster vesting of certain employer matching contributions under the Code and ERISA. (Sec. 204) Amends Federal civil service law to revise requirements for deferred annuities for surviving spouses of Federal employees under both the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS). (Sec. 205) Revises minimum distribution rules under the Code. Revises requirements for actuarial adjustment of benefit under a defined benefit plan. Directs the Secretary of the Treasury to: (1) simplify and finalize the regulations relating to minimum distribution requirements; and (2) modify such regulations to reflect increases in life expectancy, and revise required distribution methods so that, under reasonable assumptions, the amount of the required minimum distribution does not decrease over a participant's life expectancy. Provides that, during the first year that such revised regulations are in effect, required distributions for future years may be redetermined, with the opportunity to choose a new designated beneficiary and to elect a new method of calculating life expectancy. Excludes specified amounts from minimum distribution requirements. Repeals a rule relating to distributions begun before death occurs. (Sec. 206) Revises requirements relating to tax treatment of division of section 457 plan benefits upon divorce. Title III: Increasing Portability for Participants - Permits rollovers from and to various types of plans under the Code. (Sec. 302) Permits individual retirement plan (IRA) rollovers only if certain conditions are met. (Sec. 303) Permits rollover of after-tax contributions in an exempt trust under specified conditions. Sets forth a hardship exception to the 60-day rule. (Sec. 304) Sets forth requirements for treatment of forms of distribution available under transferor and transferee plans, under both the Code and ERISA. (Sec. 305) Revises restrictions on distributions, including the same desk exception. Repeals business sale requirements. (Sec. 306) Authorizes trustee-to-trustee transfers to purchase permissive service credit with respect to governmental defined benefit plans. Title IV: Strengthening Pension Security and Enforcement - Amends the Code and ERISA to revise the percentage of current liability funding limit. Revises maximum contribution deduction rules and applies them to all defined benefit plan under the Code. (Sec. 402) Amends ERISA to revise requirements relating to missing participants. Direct the PBGC to prescribe rules relating to missing participants for multiemployer plans covered by the PBGC that terminate. Allows the administrator of a plan not otherwise subject to such PBGC regulation to elect to transfer a missing participant's benefits to the PBGC upon termination of the plan, under specified conditions. (Sec. 403) Amends ERISA to revise requirements for periodic pension benefits statements. (Sec. 404) Amends ERISA to make discretionary the imposition and amount of civil penalties for breach of fiduciary responsibility. Revises requirements for the applicable recovery amount and related rules. (Sec. 405) Amends the Code to allow an employer, in determining the amount of nondeductible contributions for any taxable year, to elect not to take into account any contributions to a defined benefit plan except to the extent that they exceed the full-funding limitation. Title V: Reducing Regulatory Burdens - Amends the Code to provide intermediate sanctions for inadvertent failures. Provides for protection from disqualification upon timely correction or payment of fine under requirements for: (1) qualified pension, profit-sharing, and stock bonus plans; (2) qualified cash or deferred arrangements (section 401(k) plans); and (3) annuity contracts. Provides that, under requirements relating to taxability of the beneficiary of a nonexempt trust, income inclusion for disqualification is not applicable to nonhighly compensated employees. (Sec. 502) Repeals a multiple use test. Directs the Secretary prescribe regulations permitting appropriate aggregation of plans and contributions. (Sec. 503) Directs the Secretary to provide by regulation that a plan shall be deemed to satisfy specified requirements of the Code if it satisfies a certain facts and circumstances test, under specified conditions. (Sec. 504) Revises line of business rules to: (1) repeal a gateway test; and (2) provide a line of business exception. Directs the Secretary to modify regulations relating to special rules for separate lines of business under the Code to: (1) simplify the administrability of the rules for both the Secretary and plans; and (2) permit employees to be allocated among lines of business based on all the facts and circumstances. (Sec. 505) Grants the Secretary discretion in applying a specified coverage test to a plan. (Sec. 506) Amends the Code and ERISA to provide for an annual inflation adjustment to increase the retirement plan cash-out amount. (Sec. 507) Directs the Secretary to delete a specified rule under regulations relating to the cash-out rule. (Sec. 508) Amends the Code and ERISA to revise requirements relating to timing of plan valuations. (Sec. 509) Makes inapplicable to certain mirror plans specified Code requirements relating to deferred compensation plans of State and local governments and tax-exempt organizations. (Sec. 510) Amends ERISA rules for substantial owners relating to plan terminations to revise: (1) the phase-in of the guarantee; and (2) the allocation of assets. (Sec. 511) Amends Code requirements for applicable dividends to allow dividends of employee stock ownership plans to be reinvested without loss of dividend deduction. (Sec. 512) Directs the Secretary of the Treasury to modify the regulations regarding the exclusion allowance to render void the requirement that contributions to a defined benefit pension plan be treated as previously excluded amounts. (Sec. 513) Provides for a special limitation rule for multiemployer plans as well as governmental plans. (Sec. 514) Eliminates partial termination rules for multiemployer plans. (Sec. 515) Revises the notice and consent period regarding distributions. Directs the Secretary to modify certain regulations under the Code to provide that the description of a participant's right, if any, to defer receipt of a distribution shall also describe the consequences of failing to defer such receipt. (Sec. 516) Sets forth conforming amendments relating to election to receive taxable cash compensation in lieu of nontaxable parking benefits. (Sec. 517) Extends to international organizations the moratorium on application of certain nondiscrimination rules applicable to State and local plans. (Sec. 518) Directs the Secretary to modify certain regulations with respect to certain plan participation by employees of tax-exempt entities under the Code. (Sec. 519) Provides for permissive aggregation of collective bargaining units in specified circumstances relating to plan participation under the Code. (Sec. 520) Repeals a transition rule relating to certain highly compensated employees under the Tax Reform Act of 1986. (Sec. 521) Prescribes requirements for plan amendments or annuity contract amendments under the Code and ERISA.
United States · United States Congress · 1 April 1998
Employee Pension Portability and Accountability Act of 1998 - Amends the Internal Revenue Code, with respect to retirement savings, to: (1) require an employer, upon request from an employee, to withhold retirement savings from wages; (2) provide a credit to eligible small employers for pension plan start-up costs; (3) permit an employer to establish a Secure Money Annuity or Retirement (SMART) Trust (as defined); (4) provide for faster vesting of employer matching contributions under a plan including an accrued benefit derived from such contributions; (5) require spousal pension right-to- know provisions; (6) require one-percent employer contributions under the alternative method of meeting nondiscrimination requirements for 401(k) plans; (7) redefine the term highly compensated employee; and (8) revise multiemployer plan provisions with respect to the special limitation rule, the exemption for survivor and disability benefits, the full funding limitation, valuation, and partial termination rules.
United States · United States Congress · 1 April 1998
Sets forth special application provisions under the crop insurance, marketing loan, and emergency operating loan programs for certain disaster-affected North Dakota and Minnesota counties.
United States · United States Congress · 26 March 1998
Medicare Home Health Equity Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to provide for: (1) restoration of the per visit cost limit to 112 percent of the mean of costs with regard to payments to home health agencies under Medicare; and (2) revision of the interim payment system for home health services.
United States · United States Congress · 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
Agricultural Credit Restoration Act - Amends the Consolidated Farm and Rural Development Act to exclude from "debt forgiveness": (1) loan rescheduling, consolidation, deferral, or reamortization; (2) one debt forgiveness due to natural disaster or family medical condition; and (3) loan restructuring, write-down, or buy-out as part of the resolution of a discrimination complaint against the Secretary of Agriculture (thus excluding such situations from the ban on lending program eligibility for producers with restructured farm debt). Increases the number of permitted loan (including direct operating and guaranteed loan) write-downs or buy-outs per borrower from one to two. Eliminates the aggregate limitation on per borrower debt forgiveness. Authorizes interstate allocation of unused funds for socially disadvantaged farmers and ranchers.
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
Retirement Account Portability Act of 1998 - Amends the Internal Revenue Code to permit rollovers to and from State and tax- exempt instrumentality and public school retirement plans. (Sec. 3) Permits individual retirement plan (IRA) rollovers only if the entire amount is deposited into another defined contribution retirement plan and certain other conditions are met. (Sec. 4) Permits rollover of after-tax contributions in an exempt trust if such amount is reported by the trustee and the recipient retirement plan agrees to report such amount in a subsequent distribution. (Sec. 5) Provides for faster vesting of employer matching contributions. (Sec. 6) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to extend single employer missing participant provisions to multiemployer plans. Authorizes transfer of a missing participant's benefits to a corporation upon termination of certain pension plans. (Sec. 7) Amends the Code to extend the IRA and employee exempt trust 60-day rollover period in the case of combat zone service. (Sec. 9) States that a transferee defined contribution plan shall not be treated as having failed to meet certain requirements because it does not provide for some or all of the distribution forms available under a transferor defined contribution plan. (Sec. 10) Authorizes employers to disregard rollovers for purposes of employee cash-out amounts under the Code and ERISA. (Sec. 11) Authorizes trustee-to-trustee transfers to purchase permissive service credit with respect to Federal or public school and State and tax-exempt instrumentality pension plans.
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 · 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 · 5 March 1998
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to establish in the Treasury the Protect Social Security Account to save budget surpluses until a reform measure is enacted to ensure the long-term solvency of the Old Age, Survivors and Disability Insurance Trust Fund. Requires the Secretary of the Treasury to: (1) pay into the Account at the end of each fiscal year an amount equal to any such surplus; and (2) invest all such amounts in public debt obligations.
United States · United States Congress · 4 March 1998
Comprehensive One-Call Notification Act of 1998 - Provides for the establishment of a State one-call notification program to protect underground facilities from excavation damage. Outlines required elements of the program, including minimum standards and provisions for implementation and enforcement. Authorizes a State to maintain an alternate one-call notification program if it provides protection for public safety, the environment, or excavators that is equivalent to, or greater than, protection under a program that meets the minimum standards of this Act. Directs the Secretary of Transportation to study damage prevention practices associated with existing one-call notification systems in order to determine which systems practices appear to be the most effective in preventing damage to underground facilities and in protecting the public, the environment, excavators, and public service disruption. Authorizes the Secretary to make grants to assist qualifying States in improving their one-call notification programs. Authorizes appropriations.