United States · United States Congress · 6 January 1999
Selective Agricultural Embargoes Act of 1999 - Amends the Agricultural Trade Act of 1978 to direct the President, if he or she takes action to embargo the export under an export sales contract of an agricultural commodity to a country that is not part of an embargo on all exports to the country, to report to the Congress, not later than five days after imposing the embargo, on the reasons for such embargo and its proposed duration. Sets forth congressional procedures for termination of the embargo. Specifies plant nutrient materials among the agricultural commodities whose export the President may not prohibit or curtail if: (1) the export sales contract for such materials is entered into before he or she announces an action that would otherwise prohibit or curtail their export; and (2) the contract terms require delivery of the materials within 270 days after the date of the suspension of trade is imposed.
United States · United States Congress · 6 January 1999
Nuclear Waste Policy Act of 1999 - Revises the Nuclear Waste Policy Act of 1982 to instruct the Secretary of Energy (the Secretary) to: (1) develop and operate a repository for the permanent geologic disposal of spent nuclear fuel and fuel and high-level radioactive waste; (2) accept spent nuclear fuel and high-level radioactive waste by no later than January 31, 2003 (3) provide for the transportation of such wastes; and (4) pursue expeditiously the development of each component of the integrated management system. Requires intermodal transfer (rail-to-heavy-haul-truck) of spent nuclear fuel and high-level radioactive waste pending direct rail access to the interim storage facility site. Authorizes the Secretary use rail transportation to meet the requirements of this Act if direct rail access becomes available to the interim storage facility site. Sets a deadline for the Secretary to develop the capability to commence rail to truck intermodal transfer at Caliente, Nevada. Provides for heavy-haul transportation route and truck transportation. Requires the Nuclear Regulatory Commission (NRC) to enter into a Memorandum of Understanding with the City of Caliente and Lincoln County, Nevada, to provide advice to the Commission regarding intermodal transfer and to facilitate on-site representation. Provides that reasonable expenses of such representation shall be paid by the Secretary. Prescribes requirements in the following areas in order to ensure that the Secretary is able to accept spent nuclear fuel and high-level radioactive waste by January 31, 2003: (1) transportation planning and readiness; (2) package certification; (3) technical assistance and funds to jurisdictional entities for training public safety officials, nonprofit employee organizations, voluntary emergency response organizations, and joint labor-management organizations experienced in worker health and safety training; (4) employee protection and training standards applicable to workers directly involved in the removal and transportation of spent nuclear fuel and high-level radioactive waste; and (5) interim storage facility, permanent disposal, and land withdrawal. Requires the Secretary, after analyzing each specific reactor facility in the order of priority established in the acceptance schedule, to develop a logistical plan to assure the Secretary's ability to transport spent nuclear fuel and high-level radioactive waste using routes that minimize transportation through populated areas to the maximum practical extent and consistent with Federal requirements for transportation of hazardous materials. Requires the Secretary of Transportation to establish preferred rail route selection procedures for such transportation to the interim storage site and the repository site. Mandates that training standards ensure the ability of emergency response personnel to protect nearby persons, property or the environment from the effects of accidents involving spent nuclear fuel and high-level radioactive waste. Instructs the Secretary to: (1) offer Nye County, Nevada, an opportunity to designate an on-site oversight representative; and (2) offer to enter into separate benefits agreements with Lincoln and Nye Counties concerning the integrated management system. Requires the Secretary to make certain initial land conveyances to Nye County. Authorizes the Secretary to grant payments in lieu of taxes to any affected Indian or local jurisdiction until the termination of the integrated management system activities. Authorizes the Secretary to contract with any person generating or holding title to spent nuclear fuel or high-level radioactive waste of domestic origin for the acceptance of title, and possession, transportation, interim storage, and disposal. Sets forth a statutory fee payment schedule for: (1) electricity generated and sold by civilian nuclear power reactors; (2) an adjustable cap placed upon nuclear waste offsetting collection fees, and upon a nuclear waste mandatory fee; and (3) a one-time fee for spent nuclear fuel or solidified high-level radioactive waste derived from spent nuclear fuel which had been used to generate electricity in specified civilian nuclear power reactors. Requires the NRC to suspend the license of any licensee who fails or refuses to pay such one-time fee. Provides that payment of the one-time fee relieves the responsible party from further financial obligation to the Federal Government for its long-term storage or permanent disposal. Authorizes the NRC to require prior agreement with the Secretary for spent fuel and waste disposal as a precondition to the issuance or renewal of a license. Continues the Nuclear Waste Fund and the Office of Civilian Radioactive Waste Management. Directs the Secretary to: (1) issue a final rule establishing the appropriate portion of the costs of managing spent nuclear fuel and high-level radioactive waste allocable to the interim storage or permanent disposal of spent nuclear fuel, high-level radioactive waste from atomic energy defense activities, and spent nuclear fuel from foreign research reactors; and (2) advise the Congress annually of the amount of high-level radioactive waste and spent nuclear fuel from atomic energy defense activities requiring management in the integrated spent nuclear fuel management system. Grants the Atomic Energy Act of 1954 and this Act preeminence in the event of a conflict or duplication of laws. Precludes this Act from being construed as: (1) constituting either an express or implied Federal reservation of water rights for any purpose arising under it; (2) authorizing the Federal use of eminent domain to acquire water rights; or (3) limiting the exercise of water rights as provided under Nevada State laws. Grants the U.S. courts of appeals original and exclusive jurisdiction over civil actions under this Act. Prescribes guidelines for NRC licensing hearings. Prohibits the Secretary from conducting site-specific activities for a second repository unless the Congress has specifically authorized and appropriated funds for them. Requires the NRC to promulgate regulatory guidelines for: (1) financial assurances for low-level radioactive waste site closures; and (2) training and qualification of civilian nuclear powerplant personnel. Delineates an acceptance schedule for contract holders' spent nuclear fuel and high-level radioactive waste. Prohibits: (1) subseabed or ocean water disposal of spent nuclear fuel or high-level radioactive waste; and (2) any obligation of funds for any such related activity. Expresses the sense of the Congress that to the greatest extent practicable all equipment and products purchased with funds made available under this Act should be American-made. Requires each Federal agency to give notice of this policy to any entity to which it provides financial assistance or contracts. Prohibits contracts with persons falsely labeling products as "Made in America." Continues the Nuclear Waste Technical Review Board. Authorizes appropriations. Directs the Secretary to take necessary action to improve the management of the civilian radioactive waste management program to ensure that it is operated to the maximum extent like a private business. Directs the Secretary to employ, on an on-going basis, integrated performance modeling regarding site characterization.
United States · United States Congress · 6 January 1999
Freedom to Market Act - Directs the Comptroller General to prepare a report, and submit to specified congressional committees, assessing the impact and effectiveness of economic sanctions imposed by the United States on foreign countries. Prohibits the President from restricting or prohibiting any exports (including restricted commercial or Federal financing) of food, other agricultural products, including fertilizer, medicines, or medical supplies and equipment as part of any policy of existing or future unilateral economic sanctions imposed against a foreign government. Authorizes the President to waive such sanctions for one-year periods if it is determined to be in the national security interests of the United States. Directs the Secretary of Agriculture to report annually to the Congress on the economic impact of multilateral and unilateral sanctions by foreign governments on U.S. exports of agricultural commodities. Directs the Secretary to expand agricultural export assistance under U.S. market development, food assistance, or export promotion programs to offset projected losses of agricultural commodity markets from such sanctions.
United States · United States Congress · 6 January 1999
Affordable Housing Opportunity Act of 1999 - Amends the Internal Revenue Code to increase, and link to the cost-of-living adjustment, the State low-income housing credit ceiling.
United States · United States Congress · 6 January 1999
Constitutional Amendment - Establishes a four-year term of office for Representatives, to coincide with the term of the President. Makes any person who has been elected for a full term: (1) two times to the Senate ineligible for election or appointment to the Senate; or (2) three times to the House ineligible for election or appointment to the House. Bars any person who has served as a: (1) Senator for more than three years of a term from being subsequently eligible for election to the Senate more than once; and (2) Representative for more than two years from being subsequently eligible for election to the House more than twice. Excludes election or service occurring before this article becomes operative when determining eligibility. Prohibits any Member of one House of the Congress (except in the final year of the Member's current term) from qualifying under State law as a candidate for the other House unless the Member has resigned from the House in which he or she currently serves. Applies this article to terms of office after the first day of the year immediately following the first presidential election after ratification of this article.
United States · United States Congress · 6 January 1999
Constitutional Amendment - Declares that: (1) nothing in the Constitution shall be construed to prohibit individual or group prayer in public schools or other public institutions; (2) no person shall be required by the United States or any State to participate in prayer; and (3) neither the United States nor any State shall prescribe the content of any such prayer.
United States · United States Congress · 6 January 1999
Constitutional Amendment - Makes any person who has been elected for a full term: (1) two times to the Senate ineligible for election or appointment to the Senate; or (2) six times to the House ineligible for election to the House. Bars any person who has served as a: (1) Senator for more than three years of a term to which some other person was elected from being subsequently eligible for election to the Senate more than once; and (2) Representative for more than one year from being subsequently eligible for election to the House more than five times. Excludes election or service occurring before this article becomes operative when determining eligibility.
United States · United States Congress · 14 October 1998
Reenacts chapter 12 of the Federal Bankruptcy Code (Adjustment of Debts of a Family Farmer with Regular Annual Income) for the period beginning October 1, 1998, and ending on April 1, 1999 (thereby extending family farmer bankruptcy relief).
United States · United States Congress · 14 October 1998
TABLE OF CONTENTS: Title I: Budget With Force of Law Title II: Reserve Funds for Emergencies Title III: Enforcement of Budgetary Decisions Subtitle A: Application of Points of Order to Unreported Legislation Subtitle B: Compliance with Budget Resolution Subtitle C: Justification for Budget Act Waivers Subtitle D: CBO Scoring of Conference Reports Title IV: Accountability for Federal Spending Subtitle A: Prohibitions on Indefinite Spending Subtitle B: Enhanced Congressional Oversight Responsibilities Subtitle C: Strengthened Accountability Title V: Budgeting for Unfunded Liabilities and Other Long- Term Obligations Subtitle A: Budgetary Treatment of Federal Insurance Programs Subtitle B: Reports on Long-Term Budgetary Trends Title VI: Baselines, Byrd Rule, and Lock-Box Subtitle A: The Baseline Subtitle B: The Byrd Rule Subtitle C: Spending Accountability Lock-Box Subtitle D: Automatic Continuing Resolution Title VII: Budgeting in an Era of Surpluses Comprehensive Budget Process Reform Act of 1998 - Makes this Act effective for fiscal years beginning after September 30, 1999. Title I: Budget With Force of Law - Amends the Congressional Budget Act of 1974 (CBA) to require the Congress, by April 15 of each year, to complete action on a joint (currently, concurrent) resolution on the budget for the fiscal year beginning on October 1 of such year. Requires such resolution, in addition to items required under existing law, to set forth for the fiscal year and at least the four ensuing fiscal years: (1) subtotals of new budget authority and outlays for nondefense and defense discretionary spending, direct spending, and other subsets of such spending, if necessary; and (2) subtotals of new budget authority and outlays for emergencies for fiscal years to which the amendments made by title II of this Act apply. Revises matters which may be included in the budget resolution. Authorizes the resolution to change the statutory limit on the public debt if the amendment is submitted by the Committee on Ways and Means of the House of Representatives or the Senate Finance Committee to the appropriate Budget Committee. Revises required elements of the report accompanying the budget resolution. Includes within such report: (1) new budget authority and outlays for each major functional category based on allocations of total levels; (2) a measure, as a percentage of gross domestic product, of total outlays, total Federal revenues, the surplus or deficit, and new outlays for nondefense discretionary, defense, and direct spending; (3) a justification for allocating any new budget authority and outlays for any new program or activity to a committee for which such new authority and outlays would not be subject to discretionary appropriations; (4) a description of committee spending allocations; and (5) a justification for not subjecting any program or activity for which an allocation is made to an annual discretionary appropriation if the resolution includes any committee allocation (other than the Appropriations Committees) exceeding current law levels. Amends Federal provisions concerning elements of the President's required budget submission to the Congress. Requires such submission to include, for the affected fiscal year and at least each of the four ensuing fiscal years: (1) totals of new budget authority and outlays; (2) total Federal revenues and the amount by which the aggregate level of revenues should be increased or decreased by reported bills and resolutions; (3) the budget surplus or deficit; (4) subtotals of new budget authority and outlays for nondefense and defense discretionary spending and direct spending and other subsets of such spending, if necessary; (5) the public debt limit; and (6) subtotals of new budget authority and outlays for emergencies for fiscal years to which title II of this Act applies. Amends the CBA to provide a point of order against consideration of any budget resolution or related amendment or conference report that contains matter not specified in content requirements. (Sec. 104) Removes an exception which allows general appropriations bills in the House, after May 15, to be considered before the budget resolution has been agreed to. Applies a specified pay-as-you-go exception in the House to certain legislation that would not increase the deficit only after the date of enactment of the budget resolution (currently, April 15). Requires a three-fifths majority in the Senate to waive or suspend provisions requiring the budget resolution to be adopted before budget-related legislation is considered. Provides for expedited procedures upon presidential veto of the budget resolution. Authorizes the Budget Committees to introduce a concurrent or joint budget resolution upon such veto. Discharges such committees from further consideration of the resolution if such resolution is not reported within three days of referral. Deems any agreed-to concurrent resolution to be the budget resolution for the applicable fiscal years. (Sec. 105) Excludes outlays and revenues of the Old Age, Survivors, and Disability Insurance (OASDI) Program under the Social Security Act from surplus or deficit totals required by this Act or other specified Federal public finance provisions. Bars receipts and disbursements of the Federal Old-Age and Survivors and Disability Insurance Trust Funds from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the President's budget submission, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Makes it out of order to consider legislation in the House that would provide for specified increases in OASDI benefits or decreases in OASDI taxes. Title II: Reserve Funds for Emergencies - Repeals provisions of the Gramm-Rudman-Hollings Act regarding: (1) discretionary spending limits and emergency appropriations; and (2) direct spending and emergency legislation. Amends rule XXI of the Rules of the House of Representatives to repeal a provision which prohibits a provision from being reported in appropriations legislation containing an emergency designation if such provision is not designated as an emergency, with specified exceptions. (Sec. 206) Amends the CBA to require adjustments to be made only to allocations with respect to emergencies in amounts not to exceed those in reserve funds established by this Act. Sets forth the amounts for discretionary budget authority, direct spending, and outlays to be contained in reserve funds for emergencies. Directs the chairman of the Budget Committee, in the case of legislation that provides budget authority for any emergency, to make an adjustment only to the applicable allocation if the chairman certifies that such outlays or budget authority and the resulting outlays are for an emergency meeting the definition under this Act. Sets forth procedures for the consideration of legislation that provides budget authority for an emergency exceeding the amount provided for in the budget resolution. (Sec. 207) Requires committees, when reporting legislation that provides budget authority for any emergency, to identify all provisions that provide such authority and the resulting outlays in the accompanying report or joint explanatory statement of managers. (Sec. 208) Includes: (1) up-to-date tabulations of amounts remaining in the reserve funds for emergencies in summary budget scorekeeping reports provided by the Budget Committees; and (2) the average annual enacted levels of discretionary and direct spending budget authority and the resulting outlays for emergencies for the five fiscal years preceding the fiscal year of the budget resolution in the report accompanying the resolution. (Sec. 210) Makes it out of order to consider an amendment to a budget resolution which changes the amount of budget authority and outlays set forth for emergency reserve funds. Permits limitations on the contents of the budget resolution and the point of order against changing the budget authority and outlays for emergency reserve funds to be waived or suspended only by a three-fifths majority in the Senate. (Sec. 211) Makes the amendments of this title effective only after the enactment of legislation changing or extending for any fiscal year any of the discretionary spending limits set forth in the Gramm-Rudman-Hollings Act. Title III: Enforcement of Budgetary Decisions - Subtitle A: Application of Points of Order to Unreported Legislation - Applies a certain point of order against the consideration of unreported legislation in the House before the adoption of the budget resolution. Subtitle B: Compliance with Budget Resolution - Amends rule XIII of the Rules of the House to require committee reports to include a budget compliance statement prepared by the chairman of the Budget Committee. Subtitle C: Justification for Budget Act Waivers - Amends rule XI of the Rules of the House to provide a point of order against consideration of any resolution from the Committee on Rules to consider any reported legislation which waives specified provisions of the CBA unless the report contains certain information on the provision proposed for waiver. Subtitle D: CBO Scoring of Conference Reports - Amends the CBA to provide for Congressional Budget Office (CBO) analysis and scoring of conference reports. Requires such analysis to include, for reported legislation and conference reports, a determination of whether the measure provides indefinite spending authority. Title IV: Accountability for Federal Spending - Subtitle A: Prohibitions on Indefinite Spending - Provides a point of order in the House and the Senate against consideration of legislation that provides direct spending for a new program unless such spending is limited to a period of ten or fewer fiscal years. Removes provisions regarding points of order and legislation providing new entitlement authority. Amends rule XXI of the Rules of the House to make it out of order to consider any legislation that authorizes the appropriation of new budget authority unless such authorization is specifically provided for ten or fewer fiscal years. Amends rule XXIII of the Rules of the House to provide that, in the Committee of the Whole, an amendment to subject a new program providing direct spending to discretionary appropriations if offered by the chairman of the Budget or Appropriations Committees may be precluded from consideration only by the specific terms of a special House order. Declares that the purpose of such amendment is to hold the discretionary spending limits and allocations made to the Appropriations Committee harmless for legislation that offsets a new discretionary program with a designated reduction in direct spending. Amends the Gramm-Rudman-Hollings Act to require, if a provision of direct spending legislation is enacted that decreases direct spending for any fiscal year and is designated as an offset and specifically identifies an authorization of discretionary appropriations for a new program, the reductions in new budget authority and outlays resulting from such provision to be designated as an offset in specified CBO pay-as-you-go estimates. Excludes such offsets from such estimates. Requires, if an authorization Act includes provisions reducing direct spending and identifies those provisions as offsets, the adjustments to be an increase in the budget authority and outlay caps in each fiscal year equal to such authority and reductions, respectively, achieved by the specified offsets. Prohibits the adjustments for the first fiscal year in which the offsetting provisions take effect from exceeding the amount of discretionary new budget authority enacted for the new program in an Act making discretionary appropriations and the resulting outlays. Provides for: (1) adjustments to discretionary spending limits, allocations, and budgetary allocations resulting from programs for which offsets were designated and resulting outlays; and (2) reductions of committee allocations of new budget authority and outlays with respect to reported legislation containing provisions that decrease direct spending and are designated as offsets. Subtitle B: Enhanced Congressional Oversight Responsibilities - Amends rule X of the Rules of the House to require House committees, in developing oversight plans, to provide a specific timetable for review of laws, programs, or agencies within their jurisdiction and require such timetable to demonstrate that such laws, programs, or agencies will be reauthorized at least once every ten years. Removes a provision of such rule pertaining to procedures for consideration of legislation providing new entitlement authority which exceeds the appropriate allocation of budget authority. Requires the House Appropriations Committee to report at least once each Congress (currently, from time to time) on recommendations for terminating or modifying provisions of law which provide permanent budget authority. (Sec. 422) Amends the CBA to require the joint explanatory statement accompanying a conference report on a joint budget resolution that includes an allocation to a committee (other than the Appropriations Committee) of levels exceeding current law levels to set forth a justification for not subjecting any program to annual discretionary appropriations. Makes conforming amendments to provisions regarding the presidential budget submission and to House rules regarding committee consideration of legislation. (Sec. 424) Requires the Budget Committees, during the 106th Congress, to report results of a study on budget reform proposals. Subtitle C: Strengthened Accountability - Requires certain reports on legislation providing new budget authority or increases or decreases in revenues or tax expenditures to include CBO projections of how such legislation will affect levels of budget authority, outlays, revenue, or tax expenditures for the affected fiscal year and the ensuing nine (currently, four) fiscal years. Provides for ten-year (currently, four) CBO cost estimates of reported legislation as well. Amends rule XIII of the Rules of the House to require committee reports to contain cost estimates for each of 11 fiscal years. (Sec. 432) Repeals rule XLIX (relating to the establishment of the statutory limit on the public debt) of the Rules of the House. Title V: Budgeting for Unfunded Liabilities and Other Long-Term Obligations - Subtitle A: Budgetary Treatment of Federal Insurance Programs - Amends the CBA to establish a new title known as the Federal Insurance Budgeting Act of 1998. Requires the President's budget, beginning with FY 2005, to be based on the risk-assumed cost of Federal insurance programs. Defines "risk-assumed cost" as the net present value of the estimated cash flows to and from the Government resulting from an insurance commitment or modification. Requires the program accounts for such programs to pay: (1) the risk-assumed cost borne by the taxpayer to the financing account; and (2) actual insurance program administrative costs. Requires the financing accounts to: (1) receive premiums and other income; (2) pay all claims for insurance and receive all recoveries; and (3) transfer to the program account at least annually amounts necessary to pay administrative costs. Provides that a negative risk-assumed cost shall be transferred from the financing to the program account and from the program account as a nonexpenditure transfer to the general fund. Requires all payments by or receipts of the financing accounts to be treated in the budget as a means of financing. Permits insurance commitments to be made for FY 2005 and thereafter only to the extent that new budget authority to cover the risk-assumed cost is provided in advance in an appropriations Act. Prohibits modification of an outstanding commitment in a manner that increases the risk-assumed cost unless budget authority for the additional cost has been provided in advance. Makes such requirements inapplicable to insurance programs that constitute entitlements. Provides for re-estimations of risk-assumed cost in each subsequent year. Requires agencies with responsibility for Federal insurance programs to develop models to estimate risk-assumed cost by year through the budget horizon and to submit such models, all relevant data, justifications for critical assumptions, and annual projected risk-assumed costs to the Office of Management and Budget (OMB) with budget requests each year starting with the request for FY 2001. Directs OMB and CBO, after a comment period for interested persons, to revise the models, data, and major assumptions they would use to estimate the risk-assumed cost of Federal insurance programs. Requires the President's budget submissions and budgets and CBO's reports on the economic and budget outlook for FY 2002 through 2004 to estimate, for display purposes only, the risk-assumed cost of existing or proposed Federal insurance programs. Requires OMB, CBO, and the General Accounting Office to report to the Budget Committees on the advisability and appropriate implementation of this section. Authorizes appropriations for FY 1999 through 2004 to OMB and each agency responsible for administering a Federal program to carry out this title. Directs the Secretary of the Treasury to borrow from, receive from, lend to, or pay the insurance financing accounts appropriate amounts. Establishes a financing account for each Federal insurance program on September 30, 2004. Appropriates to such accounts the amount of the unfunded risk-assumed cost of outstanding Federal insurance commitments as of the close of September 30, 2004. Terminates this section on the last day of FY 2006. Subtitle B: Reports on Long-Term Budgetary Trends - Requires the President's budget submission to include: (1) an analysis based upon current law and one based upon the policy assumptions underlying the submission for every fifth year of the period of the 75 fiscal years beginning with the affected fiscal year of the estimated levels of total new budget authority, outlays, estimated revenues, surpluses, and deficits and, for each major Federal entitlement program, estimated levels of total new budget authority and outlays; and (2) a specification of underlying assumptions and a sensitivity analysis of factors that have a significant effect on the projections made in each analysis and a comparison of the effects of the two analyses on the economy. Establishes a conforming requirement for CBO's annual report to the Budget Committees on fiscal policy. Title VI: Baselines, Byrd Rule, and Lock-Box - Subtitle A: The Baseline - Revises required elements of the President's budget submission to include percentage changes between the current year and the fiscal year for which the budget is submitted for: (1) estimated expenditures and appropriations which are necessary to support the Government, with an exception for detailed budget estimates; (2) laws in effect when the budget is submitted and proposals in the budget to increase revenues as well as for each of the four ensuing fiscal years; and (3) certain proposed appropriations and expenditures for legislation that would establish or expand Government activities or functions, with an exception for detailed budget estimates. Includes within the submission: (1) a comparison of levels of estimated expenditures and proposed appropriations for each function and subfunction in the current fiscal year and the fiscal year for which the budget is submitted, along with the proposed increase or decrease of spending in percentage terms for each function and subfunction; and (2) a table on sources of growth in total direct spending under current law and as proposed in the submission for the budget year and the ensuing four fiscal years. (Sec. 612) Amends the CBA to require the report accompanying the budget resolution to include a comparison of levels for the current fiscal year with proposed spending and revenue levels for subsequent fiscal years along with the proposed increase or decrease of spending in percentage terms for each function. (Sec. 613) Includes similar requirements in certain CBO reports. (Sec. 614) Requires the OMB and CBO Directors, in making budgetary projections for years for which there are no discretionary spending limits, to assume discretionary spending levels at the levels for the last fiscal year for which such levels were in effect. Subtitle B: The Byrd Rule - Removes the applicability of certain procedures with respect to extraneous matter in reconciliation legislation to conference reports. Subtitle C: Spending Accountability Lock-box - Spending Accountability Lock-box Act of 1998 - Directs the chairmen of the Budget Committees to each maintain a Spending Accountability Lock-box Ledger, to be divided into entries corresponding to the subcommittees of the Appropriations Committees. Requires each entry to consist of three components: (1) the House Lock-box Balance; (2) the Senate Lock-box Balance; and (3) the Joint House-Senate Lock-box Balance. Authorizes Members of the House or the Senate, when offering an amendment to an appropriation bill to reduce new budget authority in any account, to state the portion of such reduction to be: (1) credited to the House or Senate Lock-box Balance; (2) used to offset an increase in new budget authority in any other account; or (3) allowed to remain within the Appropriations Committees' subcommittee suballocation. Credits the amount of the reduction to either Lock-box Balance, as applicable, if the amendment is agreed to and no such statement is made. Requires the Budget Committee chairmen, upon the engrossment of any appropriation bill by the House and upon the engrossment of that bill by the Senate, to credit to the applicable entry balance of that House amounts of new budget authority and outlays equal to the net amounts of reductions in new budget authority and in outlays resulting from amendments agreed to by that House to that bill. Specifies the amounts to be credited to the Joint House-Senate Lock-box Balance. Requires a running tally to be available to Members of the House, during the consideration of any appropriations bill by the House, of the amendments adopted reflecting increases and decreases of budget authority in such bill as reported. (Sec. 633) Provides for the downward adjustment, by the amounts credited to the applicable Joint House-Senate Lock-box Balance, of: (1) allocations for the House and Senate upon the engrossment of Senate amendments to any appropriation bill; and (2) suballocations, whenever a such a downward adjustment is made to an allocation. (Sec. 634) Requires the CBO Director to include an up-to-date tabulation of the amounts contained in the Deficit Reduction Lock-box Ledger and each entry in periodic reports. Requires the downward adjustment of discretionary spending limits set forth in the Gramm-Rudman-Hollings Act by amounts set forth in the final regular appropriation bill for the fiscal year or joint resolution making continuing appropriations through the end of such fiscal year. Subtitle D: Automatic Continuing Resolution - Amends Federal law to make appropriations, if any regular appropriation bill for a fiscal year does not become law prior to the beginning of such year or a continuing appropriations resolution is not in effect, to continue any project or activity for which funds were provided in the preceding year: (1) in the corresponding regular appropriations Act for that year; or (2) in a continuing appropriations resolution for such year if the regular bill did not become law. Makes such appropriations available: (1) at a rate of operations not to exceed the rate provided for the project in the preceding fiscal year; and (2) beginning with the first day of a lapse in appropriations and ending on the earlier of the date the regular appropriation bill, or continuing resolution, becomes law or the last day of the fiscal year. Subjects such appropriations to any conditions imposed in the preceding fiscal year or pursuant to current law. Provides that nothing in this section shall be construed to affect Government obligations mandated by other law, including obligations with respect to Social Security, Medicare, and Medicaid. Title VII: Budgeting in an Era of Surpluses - Amends the Gramm-Rudman-Hollings Act to revise the purpose of pay-as-you-go provisions to declare such purpose to be to assure that direct spending or receipts legislation does not increase the deficit or exceed the on-budget surplus. Reduces the amount of any sequestration for the budget year by any OMB estimate of excess receipts over outlays. Excludes outlays and receipts of the Federal Old-Age and Survivors and Disability Insurance Trust Funds, or any off-budget entity from such estimates. Defines a net deficit, for purposes of sequestration provisions, as the amount by which decreases in revenues plus increases in outlays exceed increases in revenues plus decreases in outlays. Includes within sequestration preview reports the estimated excess of receipts over outlays, if any, with specified assumptions and without taking into account the effect of direct spending and receipts legislation enacted after this Act. Requires actual levels of enacted discretionary spending limits to be used in the final pay-as-you-go report regarding information on excess receipts.
United States · United States Congress · 10 October 1998
Urges the President and appropriate representatives of the Government of Chile to engage in negotiations to conclude a free trade agreement between the United States and Chile in the absence of fast track authority. Urges the President, in conducting such negotiations, to: (1) assess whether U.S. tariffs on agriculture products that were bound under the Uruguay Round Agreements are lower than the tariffs bound by Chile; (2) consult with the Congress on whether it is appropriate for the United States to agree to further tariff reductions based on such assessment; and (3) consult with specified congressional committees before entering into any such trade agreement.
United States · United States Congress · 5 October 1998
Reenacts chapter 12 of the Federal Bankruptcy Code (Adjustment of Debts of a Family Farmer with Regular Annual Income), as in effect on September 30, 1998, for the period beginning October 1, 1998, and ending on September 30, 2000 (thereby extending family farmer bankruptcy relief).
United States · United States Congress · 1 October 1998
Cruise America Act of 1998 - Authorizes the Secretary of Transportation to issue to an owner or operator a certificate of documentation with coastwise endorsement for up to three cruise ships of specified tonnage and passenger capacity which were not built or rebuilt in the United States. Makes a cruise ship with such a certificate eligible for a certificate of inspection if the Secretary determines that: (1) the cruise ship is classed by and designed in accordance with the rules of a classification society accepted by the Secretary; and (2) the cruise ship complies with applicable international agreements and associated guidelines, including being equipped with automatic sprinkler and fire detection systems that meet certain standards. Authorizes a coastwise qualified U.S.-flag, foreign-built cruise ship to be placed under foreign registry without the approval of the Secretary any time after its certificate of documentation. Requires the Secretary to revoke the coastwise endorsement of such cruise ship when it is placed under foreign registry.
United States · United States Congress · 1 October 1998
Reenacts chapter 12 of the Federal Bankruptcy Code (Adjustment of Debts of a Family Farmer with Regular Annual Income) as in effect on September 30, 1998 (thereby extending family farmer bankruptcy relief).
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
Selective Agricultural Embargoes Act of 1998 - Amends the Agricultural Trade Act of 1978 to direct the President, if he or she takes action to embargo the export under an export sales contract of an agricultural commodity to a country that is not part of an embargo on all exports to the country, to report to the Congress, not later than five days after imposing the embargo, on the reasons for such embargo and its proposed duration. Sets forth congressional procedures for termination of the embargo. Specifies plant nutrient materials among the agricultural commodities whose export the President may not prohibit or curtail if: (1) the export sales contract for such materials is entered into before he or she announces an action that would otherwise prohibit or curtail their export; and (2) the contract terms require delivery of the materials within 270 days after the date of the suspension of trade is imposed.
United States · United States Congress · 25 September 1998
Allows farmers to include 1999 production flexibility contract payments as income for 1998 or 1999. Amends the Internal Revenue Code to make Federal Crop Insurance Act payments eligible for one-year income deferral.
United States · United States Congress · 25 September 1998
Amends the Internal Revenue Code to include payments received under the Federal Crop Insurance Act among the crop insurance proceeds for which a farmer may defer inclusion in income until the next taxable year.
United States · United States Congress · 25 September 1998
Amends the Internal Revenue Code to allow for the exclusion of the cost of groceries purchased by employees which are prepared into meals by employers.
United States · United States Congress · 25 September 1998
Amends the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 to repeal the termination date for bankruptcy law governing debt adjustments of family farmers with regular annual income (thus making such law permanent). Amends the Internal Revenue Code to apply its rules relating to individuals' title 11 (bankruptcy) cases to such family farmer debt adjustments. Declares that gross income of the debtor's estate, for tax purposes, shall include any income in connection with abandonment to the debtor of property burdensome to the estate or inconsequential in value, if the income arose before abandonment. Excludes such income from the debtor's gross income.
United States · United States Congress · 25 September 1998
Amends the Internal Revenue Code to revise the definition of a qualified farm-related taxpayer, with respect to provisions concerning limitations on deductions for certain farming expenses, to take into account changes in business operations attributable to enactment of the Agricultural Market Transition Act.
United States · United States Congress · 25 September 1998
Amends the Internal Revenue Code to permit, as an interest deduction, the deduction of contingent interest on a shared appreciation mortgage. Defines the term "contingent interest."
United States · United States Congress · 25 September 1998
Amends provisions of the Internal Revenue Code concerning the exclusion of gain from the sale of a principal residence to treat lands which are contiguous to a principal residence and which were farmed for five years before the sale of the principal residence as part of such residence.
United States · United States Congress · 25 September 1998
Amends the Internal Revenue Code, with respect to limiting passive activity losses and credits for taxpayers in the real property business, to include as real estate activity the lease of real estate under a nonmaterial participation share lease. Defines such a lease.
United States · United States Congress · 16 September 1998
Agricultural Trade Emergency Response Act of 1998 - Amends the Agricultural Market Transition Act to direct the Secretary of Agriculture to temporarily make supplemental payments to farm owners and producers with production flexibility contracts.
United States · United States Congress · 16 September 1998
Family Farm Preservation Act - Amends the Internal Revenue Code to provide that the $675,000 limitation on the estate tax deduction shall not apply to interests in qualified family-owned farming business interests.
United States · United States Congress · 11 September 1998
TABLE OF CONTENTS: Title I: Targeted Substance Abuse Prevention and Treatment Programs Subtitle A: National Youth Anti-Drug Media Campaign Subtitle B: Drug-Free Workplace Act Subtitle C: Drug-Free Teen Drivers Subtitle D: Drug-Free Prisons and Jails Subtitle E: Drug-Free Schools Quality Assurance Subtitle F: Drug-Free National Clearinghouse Subtitle G: Drug-Free Parents Empowerment Title II: Private Sector Anti-Drug Partnerships Subtitle A: Antiaddiction Medications Subtitle B: Commission on Role of Medication Education in Reducing Substance Abuse Title III: Statement of National Antidrug Policy Subtitle A: Congressional Leadership in Community Coalitions Subtitle B: Rejection of Legalization of Drugs Subtitle C: Report on Streamlining Federal Prevention and Treatment Efforts Drug Demand Reduction Act - Title I: Targeted Substance Abuse Prevention and Treatment Programs - Subtitle A: National Youth Anti- Drug Media Campaign - Drug-Free Media Campaign Act of 1998 - Requires the Director of the Office of National Drug Control Policy to: (1) conduct a national media campaign for the purpose of reducing and preventing drug abuse among young people in the United States; and (2) use appropriated funds for media that focuses on, or that includes specific information on, prevention or treatment resources for consumers within specific local areas. (Sec. 103) Sets forth provisions regarding: (1) authorized and prohibited uses of funds; and (2) matching and reporting requirements. (Sec. 105) Authorizes appropriations. Subtitle B: Drug-Free Workplace Act - Drug-Free Workplace Act of 1998 - Expresses the sense of the Congress that: (1) businesses should adopt drug-free workplace programs; and (2) States should consider financial incentives, such as reductions in workers' compensation premiums, to encourage businesses to adopt drug-free workplace programs. (Sec. 114) Amends the Small Business Act to establish a drug-free workplace demonstration program, under which the Small Business Administration may make grants to eligible intermediaries for the purpose of providing financial and technical assistance to small business concerns seeking to start a drug-free workplace program. Sets forth provisions regarding eligibility for participation and program requirements. Authorizes appropriations. (Sec. 115) Amends the Act to require the services to be provided by small business development centers to include providing information and assistance to small business concerns with respect to developing drug-free workplace programs. (Sec. 116) Authorizes the Small Business Administrator to contract with and compensate Government and private agencies or persons for services related to carrying out this subtitle. Subtitle C: Drug-Free Teen Drivers - Drug-Free Teenage Drivers Act - Directs: (1) the National Highway Traffic Safety Administration to establish a demonstration program in several States to provide voluntary drug testing for all teenage applicants (or other first time driver's license applicants) for a driver's license; (2) that information respecting an applicant's choice not to take the drug test or the result of the test be made available to the applicant's automobile insurance company; and (3) the State in which the program is established, if an applicant tests positive, to refrain from issuing a license to the applicant and to require the applicant to complete a State drug treatment program and to not test positive in a drug test before reapplying for a license. (Sec. 123) Requires the Secretary of Transportation to establish an incentive grant program to assist States in improving their laws relating to controlled substances and driving. Sets forth grant requirements, including regarding the use of grant funds. (Sec. 124) Directs the Secretary to provide specified technical assistance. Subtitle D: Drug-Free Prisons and Jails - Drug-Free Prisons and Jails Act of 1998 - Requires the Director of the Bureau of Justice Assistance to establish a model substance abuse treatment program for substance-involved offenders by providing financial assistance to grant recipients and evaluating the success of programs conducted pursuant to this subtitle. Limits grant awards and administrative costs. (Sec. 134) Sets forth requirements for grant applications, review and approval of awards, permissible uses of funds, and evaluation and reporting requirements. Requires the Director to establish minimum criteria for program evaluation. (Sec. 138) Authorizes appropriations from the Violent Crime Reduction Trust Fund. Subtitle E: Drug-Free Schools Quality Assurance - Drug-Free Schools Quality Assurance Act - Amends the Elementary and Secondary Education Act of 1965 to require the Secretary of Education to develop a rating system, or allow State educational agencies, to determine if a public school has a quality drug program, which shall include a thorough needs assessment, implementation of a research-based program, and parental and community involvement in program design and review. Sets forth provisions regarding requests for a quality rating and public notification. Subtitle F: Drug-Free National Clearinghouse - Drug-Free National Clearinghouse Act of 1998 - Establishes in the Office the Drug-Free National Clearinghouse, which shall: (1) consolidate and assume the drug prevention and drug treatment information clearinghouse roles currently performed by National Drug Control Program agencies; and (2) ensure that such information is effectively disseminated. (Sec. 163) Requires that the Clearinghouse be headed by a director to be appointed by the Director of the Office. Sets forth the director's duties. (Sec. 164) Requires each National Drug Control Program agency to cooperate with the Clearinghouse director. Subtitle G: Drug-Free Parents Empowerment - Drug-Free Parents Empowerment Act - Directs the Secretary of Health and Human Services to make grants to support the efforts of parent organizations to develop and promote efforts to reduce illegal drug use among children in their communities. Sets forth requirements for parent organizations to receive grants, application procedures, and a grant amount limitation. Authorizes appropriations. Title II: Private Sector Anti-Drug Partnerships - Subtitle A: Antiaddiction Medications - Antiaddiction Medication Development Act - Requires the Commissioner of Food and Drugs and the Attorney General of the United States to provide to the Director of the National Institute on Drug Abuse (NIDA) a response to specified requests to facilitate the approval for commercial distribution of antiaddiction drugs developed by NIDA. Sets forth provisions regarding the submission of, and responses to, such requests. (Sec. 203) Amends the Federal Food, Drug, and Cosmetic Act to provide that if an application is submitted and the drug involved is approved as a qualifying antiaddiction drug, then the person who submitted the application may select one qualifying on-market drug for purposes of providing for the extension of the period of market exclusivity for such on-market drug. Subtitle B: Commission on Role of Medication Education in Reducing Substance Abuse - Directs the Secretary of Health and Human Services to establish the National Commission on the Role of Medical Education in Reducing Substance Abuse, which shall conduct a study to determine the manner in which programs of initial and continuing medical education can be modified to improve the efforts of health professionals in preventing, diagnosing, and treating substance abuse cases. Sets forth reporting requirements. Authorizes appropriations. Title III: Statement of National Antidrug Policy - Subtitle A: Congressional Leadership in Community Coalitions - Expresses the sense of the Congress that the individual Members of the House of Representatives should establish community-based anti-drug coalitions in their congressional districts or should actively support such coalitions that already exist. Subtitle B: Rejection of Legalization of Drugs - Expresses the sense of the Congress that: (1) the States and their citizens should reject drug legalization; and (2) every State should make efforts to be drug-free. Subtitle C: Report on Streamlining Federal Prevention and Treatment Efforts - Expresses the sense of the Congress that: (1) Federal Government efforts to reduce the demand for illegal drugs in the United States are frustrated by the fragmentation of those efforts across multiple departments and agencies; and (2) improvement of those efforts can best be achieved through consolidation and coordination. Requires the Director of National Drug Control Policy to prepare and submit to specified congressional committees a report evaluating options for increasing the efficacy of Federal drug prevention and treatment programs and activities. Authorizes appropriations.
United States · United States Congress · 4 August 1998
Expresses the sense of Congress that State and local governments and local educational agencies are encouraged to: (1) dedicate at least one day of learning to the study and understanding of the significance of the Declaration of Independence, the Constitution, and the Federalist Papers; and (2) include a requirement that, before receiving a certificate or diploma of graduation from high school, students be tested on their competency in understanding those works.
United States · United States Congress · 23 July 1998
Schools and Libraries Internet Access Act - Amends the Communications Act of 1934 to repeal provisions authorizing the Federal Communications Commission to take certain actions to provide access to advanced telecommunications services for schools, health care providers, and libraries. Amends the Internal Revenue Code to reduce the excise tax paid for telephone and other communications services to one percent (currently, three percent) of the total paid for such services beginning with bills rendered on or after January 1, 1999, and before October 1, 2003. Repeals such communications taxation provisions with respect to bills rendered on or after October 1, 2003. Establishes in the Treasury the Telecommunications Technology Trust Fund and appropriates into such Fund all amounts received pursuant to the above taxation authority after December 31, 1998. Makes such funds available to carry out provisions of the National Telecommunications and Information Administration Organization Act (NTIAO) as added under this Act. Terminates this section on October 1, 2003. Amends the NTIAO to direct the Secretary of Commerce to award a fiscal year grant to each State having an approved plan for the acquisition of telecommunications and related services for: (1) the provision of health care services by any public or nonprofit health care provider that serves persons residing in a rural area; or (2) elementary and secondary schools and libraries, for educational purposes. Provides for an allocation of State funding based on relative populations. Requires the State plan to take into consideration the relative economic need of the eligible entities, including the number of students living in low-income or sparsely populated areas. Authorizes appropriations from the Fund for FY 1999 through 2003 for such grants and administrative expenses. Authorizes appropriations for FY 2004 and thereafter for such purposes from general Treasury funds.
United States · United States Congress · 22 July 1998
TABLE OF CONTENTS: Title I: Amendments to Even Start Family Literacy Programs Title II: Amendments to the Head Start Act Family Literacy Improvement Act of 1998 - Title I: Amendments to Even Start Family Literacy Programs - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise requirements for Even Start Family Literacy Programs (Even Start). (Sec. 101) Directs the Secretary of Education to award competitive grants to States for the planning and implementation of statewide family literacy initiatives, including specified services. Requires a State, as a prerequisite to receiving a grant, to form a consortium of State-level programs under ESEA, the Head Start Act, the Adult Education Act, and all other related, State-funded programs. Requires such consortium to create a plan to use a portion of the State's resources to strengthen and expand family literacy services. (Sec. 102) Sets forth definitions of: (1) family literacy services; (2) reading; and (3) reliable, replicable research. (Sec. 103) Requires Even Start program elements to include a dedicated period of time for parents and their children to interact for the specific purpose of enhancing the childrens' development of a relationship of reciprocal learning and teaching. (Sec. 104) Increases from seven to 18 the maximum age for eligibility to participate in Even Start programs. (Sec. 105) Provides for technical assistance for the evaluation of subgrant recipient local programs. (Sec. 106) Requires States receiving such grants to develop indicators of program quality. (Sec. 107) Directs the Secretary to research, through grant or contract, successful family literacy services to improve the quality of existing programs and to develop models for new programs. Requires the National Institute for Literacy to disseminate such research results to States and Even Start subgrant recipients. Title II: Amendments to the Head Start Act - Amends the Head Start Act to reauthorize Head Start programs and to provide for grants and other assistance for family literacy services. (Sec. 201) Revises the definition of family literacy services. Extends through FY 2003 the authorization of appropriations for Head Start program activities. Directs the Secretary of Health and Human Services (HHS) to make available certain amounts for such program activities, transition activities, impact studies, other research and evaluation activities, and family literacy services. Establishes a program of grants and other assistance for family literacy services under the Head Start Act. Directs the Secretary of HHS to make competitive grants for up to 100 Head Start agencies to initiate provision of family literacy services through collaborative partnerships with entities that provide: (1) adult education services; (2) Even Start programs under ESEA; or (3) other services deemed necessary for providing family literacy services. Authorizes the Secretary of HHS to provide: (1) training and technical assistance to Head Start agencies that already provide family literacy services; (2) financial assistance to designated mentor Head Start agencies that demonstrate effective implementation of family literacy services, in order to provide training and technical assistance to other agencies; and (3) grants or other assistance to facilitate training and technical assistance to programs for the development of collaboration agreements with other service providers.
United States · United States Congress · 17 July 1998
Emergency Farm Financial Relief Act - Amends the Agricultural Market Transition Act to provide that FY 1999 production flexibility contract payments shall be paid at such time or times as the owner or producer so requests as long as payment is completed by such fiscal year's end.
United States · United States Congress · 16 July 1998
Shipping Relief for Agriculture Act of 1998 - Amends Merchant Marine Act, 1920 provisions concerning transportation of merchandise between points in the United States in other than domestic or rebuilt and documented vessels to remove the restriction that a vessel must be constructed in the United States in order to engage in deepwater transportation of agricultural cargo, bulk cargo, and forest products, if the vessel: (1) is documented under U.S. laws; (2) is owned by U.S. citizens; and (3) otherwise meets the requirements of such provisions. Amends other Federal law concerning the endorsement of a certificate of documentation with a coastwise endorsement to permit a freight vessel that was not built in the United States to be endorsed with a coastwise endorsement if the vessel is eligible for documentation and is otherwise qualified, but only with respect to the deepwater transportation of the types of cargo listed above.
United States · United States Congress · 16 July 1998
TABLE OF CONTENTS: Title I: Amendments to the Employee Retirement Income Security Act of 1974 Subtitle A: Patient Protections Subtitle B: Patient Access to Information Subtitle C: New Procedures and Access to Courts for Grievances Arising under Group Health Plans Subtitle D: Affordable Health Coverage for Employees of Small Businesses Title II: Amendments to Public Health Service Act Subtitle A: Patient Protections and Point of Service Coverage Requirements Subtitle B: Patient Access to Information Subtitle C: HealthMarts Subtitle D: Community Health Organizations Title III: Amendments to the Internal Revenue Code of 1986 Subtitle A: Patient Protections Subtitle B: Patient Access to Information Subtitle C: Medical Savings Accounts Title IV: Health Care Lawsuit Reform Subtitle A: General Provisions Subtitle B: Uniform Standards for Health Care Liability Actions Title V: Confidentiality of Health Information Title VI: Medical Savings Accounts for Federal Employees Patient Protection Act of 1998 - Title I: Amendments to the Employee Retirement Income Security Act of 1974 - Subtitle A: Patient Protections - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to prohibit a group health plan, or a health insurance issuer offering group coverage, from imposing on a health professional any prohibition on advice provided to a participant or beneficiary. Requires a plan or issuer, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization) for emergency medical screening examinations if a prudent layperson would determine them necessary; (2) routine gynecological or obstetric specialist care, to provide those benefits without authorization or referral by a primary care provider; or (3) routine pediatric specialist care, to allow designation of a pediatric specialist as the primary provider. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. Subtitle C: New Procedures and Access to Courts for Grievance Arising Under Group Health Plans - Requires group health plans to: (1) provide written notice to participants or beneficiaries and providers of adverse coverage decisions; and (2) meet specified time limits for responding to routine, urgent, and emergency benefit payment requests, coverage advance determinations, and medical necessity determinations. Provides for initial coverage decision internal and, in certain circumstances, external review. Makes a plan's fiduciary who, after an external review recommends coverage, causes a failure to provide a benefit liable to the participant or beneficiary for a civil penalty and attorney's fees and costs. Allows assessment of a civil penalty against a fiduciary for any pattern or practice of repeated adverse coverage decisions in violation of the terms of the plan or ERISA. Allows an action before exhaustion of administrative remedies. Provides for concurrent Federal-State court jurisdiction for actions relating to certain amendments made by this Act. Subtitle D: Affordable Health Coverage for Employees of Small Businesses - Small Business Affordable Health Coverage Act of 1998 - Defines "association health plan" to mean a group health plan meeting specified requirements, including being sponsored by a trade, industry, or professional association, a chamber of commerce (or a similar business association) organized and maintained for substantial purposes other than obtaining or providing medical care. Provides for association plan certification and mandates a class certification procedure. Regulates association plans' boards of trustees and sponsors. Prohibits, for plans in existence on the date of enactment of this Act, a sponsor's affiliated members from being offered coverage unless the member: (1) was affiliated on the certification date; or (2) did not maintain or contribute to a group health plan during the 12 months before the offering of coverage. Prohibits a participating employer from providing health coverage in the individual market for any employee who is eligible for plan coverage if the exclusion from plan coverage is based on health status. Prohibits excluding an employer from an association plan if the employer and plan each meet specified requirements. Prohibits contribution rates for any participating small employers from varying on the basis of claims experience or type of business. Requires, if any plan benefit option does not consist of health coverage, that the plan have at least 1,000 participants and beneficiaries. Requires, if a benefit option consisting of health coverage is offered under the plan, that State-licensed insurance agents be used to distribute to small employers coverage that is not health coverage in a manner comparable to the manner in which those agents are used to distribute health coverage. Requires that a plan consist only of health coverage or, if the plan provides any additional benefit options, that the plan meet certain reserve and excess stop loss insurance and solvency indemnification requirements regarding the additional benefit options for which risk has not yet been transferred. Requires that all plans maintain a specified surplus. Requires association plans providing additional options to make annual payments to the Association Health Plan Fund. Requires that, when there is or will be a failure to maintain such reserves, excess stop loss insurance, and indemnification, the Secretary of Labor pay amounts as necessary to maintain the excess stop loss insurance or indemnification. Establishes the Fund. Mandates advance notice to participants and beneficiaries of certified plan termination. Requires, when a plan has failed or will fail to maintain required reserves, excess stop loss insurance, and indemnification, either corrective action or plan termination. Provides for court appointment of the Secretary as trustee to administer a plan during insolvency. Allows a State to impose a contribution tax on an association plan providing additional options if the plan began operations in the State after enactment of this Act. Sets forth special rules for church plans. Declares that the provisions of this subtitle supersede certain related State laws. (Sec. 1303) Modifies the circumstances in which two or more trades or businesses must be deemed a single employer. (Sec. 1304) Excludes from the definition of "multiple employer welfare arrangement" any arrangement: (1) established or maintained under specified Federal (or similar State) labor relations provisions; or (2) meeting certain collective bargaining and other requirements. (Sec. 1305) Imposes criminal penalties for falsely representing any benefit as: (1) being a certified association plan; or (2) having been established or maintained under certain collective bargaining agreements. (Sec. 1306) Allows a State to enter into an agreement with the Secretary for delegation to the State of some or all of the Secretary's enforcement or certification authority. Title II: Amendments to Public Health Service Act - Subtitle A: Patient Protections and Point of Service Coverage Requirements - Amends the Public Health Service Act to prohibit a group health plan, or a health insurance issuer offering group coverage, from imposing on a health professional any prohibition on advice provided to a participant or beneficiary. Requires a plan or issuer, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization) for emergency medical screening examinations if a prudent layperson would determine them necessary; (2) routine gynecological or obstetric specialist care benefits, to provide those benefits without an authorization or referral by a primary provider; or (3) routine pediatric specialist benefits, to allow designation of a pediatric specialist as the primary provider. (Sec. 2002) Requires health maintenance organizations (HMOs) that provide coverage under a group health plan only if services are furnished exclusively through members of a closed panel to make available to the plan sponsor an option covering services without regard to whether the providers are panel members. Requires HMOs, when a plan sponsor declines that option, to make optional supplemental coverage available in the individual market to each plan participant. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. (Sec. 2102) Requires the General Accounting Office to report to a specified congressional committee on the compliance of: (1) the Department of Justice and all U.S. Attorneys with a specified guideline relating to false claims and civil health care; and (2) the Office of the Inspector General of the Department of Health and Human Services with specified protocols and best practice guidelines. Subtitle C: HealthMarts - Health Care Consumer Empowerment Act of 1998 - Requires that HealthMarts: (1) be nonprofit legal entities composed of small employers, employees of small employers, health care providers, and entities that underwrite or administer health benefits coverage; and (2) make available health coverage to all small employers and eligible employees at rates established by the insurance issuer on a policy or product specific basis. Deems HealthMarts group health plans for purposes of specified provisions of ERISA and the Internal Revenue Code. Requires that coverage made available to an eligible employee in a geographic area be offered to all eligible employees in the same area. Declares that the HealthMart: (1) provides coverage only through contracts with issuers and does not assume insurance risk; (2) provides administrative services for purchasers; and (3) collects and disseminates consumer information on all coverage options offered through the Healthmart. Requires that HealthMart coverage provide full portability of creditable coverage for individuals who remain members of the same HealthMart notwithstanding that they change employers. Allows HealthMart coverage to include coverage: (1) through an HMO, a preferred provider or licensed provider-sponsored organization, an insurance company, a medical savings or flexible spending account, or a community health organization; (2) that includes a point-of- service option; or (3) any combination of those coverages. Requires a HealthMart to permit any small employer to contract for coverage and prohibits varying eligibility conditions. Prohibits the purchaser from obtaining or sponsoring coverage other than through the HealthMart. Prohibits enrollment discrimination based on health. Supersedes certain related State laws. Provides for the application of: (1) certain existing ERISA and Public Health Service Act requirements; and (2) renewability requirements when the contract between a HealthMart and an issuer is terminated. Directs the Secretary of Health and Human Services to administer this subtitle through a separate Health Care Marketplace Division. Subtitle D: Community Health Organizations - Allows a community health organization to offer health coverage in a State in spite of not being licensed in that State if the organization has received a licensure waiver from the Secretary of Health and Human Services and other requirements are met. Mandates the establishment of Federal financial solvency and capital adequacy standards. Title III: Amendments to the Internal Revenue Code of 1986 - Subtitle A: Patient Protections - Amends the Internal Revenue Code to prohibit a group health plan from imposing on a health professional any prohibition on advice provided to a participant or beneficiary. Requires a plan, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization) for emergency medical screening examinations if a prudent layperson would determine the examinations necessary; or (2) routine gynecological or obstetric specialist care, to provide those benefits without an authorization or referral by a primary provider. Requires a plan or issuer, if it provides benefits for routine pediatric specialist care, to allow designation of a pediatric specialist as the primary provider. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. (Sec. 3102) Requires the General Accounting Office to report to specified congressional committees on the compliance of: (1) the Department of Justice and all U.S. Attorneys with a specified guideline relating to false claims and civil health care; and (2) the Office of the Inspector General of the Department of Health and Human Services with specified protocols and best practice guidelines. Subtitle C: Medical Savings Accounts - Repeals provisions limiting the number of individuals having medical savings accounts. Allows all employers to offer the accounts. Modifies requirements regarding: (1) the monthly limitation on related deductions; (2) coordination with the exclusion for employer contributions; and (3) the deductible amounts that will qualify as a high deductible plan. Allows the accounts to be included in cafeteria plans. Sets forth special rules for individuals receiving immediate Federal annuities. (Sec. 3202) Allows medical savings accounts to be used by persons with incomes under a certain amount to pay for insurance offered by a community health center. Title IV: Health Care Lawsuit Reform - Subtitle A: General Provisions - Declares that this title applies to any health care liability action in any State or Federal court, except actions: (1) relating to vaccine-related injury to which title XXI (Vaccines) of the Public Health Service Act applies; or (2) under the Employee Retirement Income Security Act of 1974 (ERISA). Preempts State laws inconsistent with this title, but not that impose greater restrictions than those in this title. Excludes economic or punitive damages and attorneys' fees or costs from the determination of the amount in controversy. Subtitle B: Uniform Standards for Health Care Liability Actions - Establishes a statute of limitations for bringing a health care liability action. (Sec. 4012) Limits non-economic damages. Substitutes any different level set by a State after enactment of this Act. Makes defendants liable only for the proportion of the damages due to the defendant's fault. Allows punitive damages, to the extent permitted by State law, if the claimant establishes by clear and convincing evidence that the defendant's conduct intended to cause harm or manifested a conscious, flagrant indifference to the rights or safety of others. Prohibits punitive damages against a manufacturer or product seller of a drug or medical device where the drug or device was subject to Food and Drug Administration (FDA) premarket approval or the drug is generally recognized as safe and effective by the FDA. Prohibits punitive damages relating to packaging or labeling of a drug that is required to have tamper-resistant packaging unless the packaging or labeling is found by clear and convincing evidence to be substantially out of compliance. Prohibits requiring lump-sum payment of future economic and non-economic damages over $50,000. Allows any defendant to introduce evidence of collateral source payments. Prohibits any collateral source payments provider from recovering any amount against the claimant, receiving any lien or credit against the recovery, or being subrogated to the claimant's rights. (Sec. 4013) Requires any alternative dispute resolution used to resolve a health care liability action or claim to contain provisions consistent with this title. Title V: Confidentiality of Health Information - Amends title XI of the Social Security Act to require health care providers, health plans, employers, health or life insurers, or educational institutions to permit an individual who is the subject of protected health information to inspect and copy the information. Requires, if the individual requests addition of a supplemental statement to the information, that those parties: (1) add the statement and make reasonable efforts to inform any person to whom the information was disclosed during the preceding year; or (2) if addition of the statement is refused, allow the individual to file a statement of disagreement. Requires health care providers, health plans, health oversight agencies, public health authorities, employers, health or life insurers, health researchers, or educational institutions to maintain safeguards to ensure the confidentiality, security, accuracy, and integrity of protected health information. Requires any person who maintains protected health information to disclose the information to a health care provider or health plan to permit the provider or plan to conduct health care operations. Preempts State law provisions that: (1) are inconsistent with certain provisions of this title under Article VI (dealing with national supremacy, among other matters) of the Constitution; or (2) relate to specified matters dealt with in this title. Imposes civil fines for substantially and materially failing to comply with the above provisions of this title. Amends title XVIII (Medicare) of the Social Security Act to authorize the Secretary of Health and Human Services to refuse to enter into, terminate, or refuse to renew an agreement with a physician or supplier that has violated the above provisions of this title. Requires compliance with certain provisions of this title by Medicare+Choice organizations, Medicare providers, and HMOs with risk- sharing contracts. (Sec. 5002) Requires the Comptroller General to report to the Congress on the effect of State laws on health-related research subject to review by an institutional review board or institutional review committee with regard to the protection of human subjects. (Sec. 5003) Requires the Comptroller General to submit to the Congress a compilation of State laws on the confidentiality of protected health information and an analysis of the effect of those laws on the provision of, and securing payment for, health care. (Sec. 5004) Exempts information developed by a health care provider in response to a serious, adverse, patient-related event and for specified purposes (health care response information) from any disclosure requirement, in connection with a civil or administrative proceeding under Federal or State law, to the same extent as information developed by the provider regarding peer review, utilization review, quality management or improvement, quality control, risk management, or internal review to reduce mortality, morbidity, or patient care or safety. Prohibits deeming the protection of health care response information from disclosure modified by the development of such information in connection with a request or requirement of an accrediting body or the transfer of that information to an accrediting body. Title VI: Medical Savings Accounts for Federal Employees - Amends Federal law relating to Federal employees' health insurance to entitle an employee or annuitant enrolled in a high deductible health plan to have a Government contribution made to the employee's or annuitant's medical savings account, subject to exceptions and limitations. Requires that, at the employee's or annuitant's request, an amount specified by the employee or annuitant be withheld from their pay or annuity and contributed to their medical savings account. Requires the Office of Management and Budget (OMB) to contract for a high deductible health plan with any qualified carrier that offers such a plan and offers a plan under provisions relating to Federal employees' health insurance. Allows OMB to contract for a high deductible plan with any qualified carrier that offers such a plan but does not offer a plan under those provisions.
United States · United States Congress · 16 July 1998
21st Century Retirement Act of 1998 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to add a new part B (Individual Security Accounts). Requires the Commissioner of Social Security to establish an individual security account (ISA) for each individual who is employed or self-employed. Requires each employed or self-employed individual (or, if need be, the Commissioner) to designate the investment type of ISA to which the Secretary of the Treasury shall credit, for such individual, the contribution amount deducted from the individual's income. Requires investment of an ISA in a manner similar to that under the Thrift Savings Plan for Federal employees. Prescribes rules for the transfer and distribution of account funds, including providing for the off-budget treatment of ISAs. (Sec. 2) Establishes in the Treasury an Individual Security Fund composed of all established ISAs, and managed by an Individual Security Fund Board. Directs the Board to study and report to the President and the Congress on ways to increase an individual's ISA investment options, especially with respect to rollovers or distributions from such account. Amends the Internal Revenue Code to reduce Federal Insurance Contributions Act (FICA) tax rates on the income and self-employment income of every individual, as well as to impose an ISA contribution on such income, computed according to a specified formula, and adjusted for inflation. (Sec. 3) Amends SSA title II to: (1) establish a new minimum monthly social security benefit for certain low-income individuals who become eligible for Old-Age or Disability Insurance benefits after December 31, 2005; and (2) eliminate the limitation on the amount of outside income (earnings test) which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits. (Sec. 5) Amends the Social Security Amendments of 1983, as amended by the Omnibus Budget Reconciliation Act of 1993, to provide for a phased reduction to zero, beginning after 2009, of the subtrahend in the formula for certain transfers to the Hospital Insurance Trust Fund under the Medicare program of SSA title XVIII. (Sec. 6) Amends SSA title II to provide for: (1) OASDI coverage of newly hired State and local employees; (2) a gradual increase in the number of benefit computation years and, for calendar years after 2009, the use of all computation base years in the computation of primary insurance amounts; and (3) a graduated increase in the early and delayed retirement credits. (Sec. 9) Directs the Commissioner of the Bureau of Labor Statistics (BLS) to publish annually in the Federal Register an estimate of: (1) the number of percentage points by which the Consumer Price Index (CPI) is reduced below the level it would otherwise have attained by reason of the adjustments in the determination of such index instituted by the Bureau after December 31, 1997; and (2) the upper level substitution bias retained in the CPI. Makes appropriations to BLS for: (1) research, evaluation, and implementation of a superlative index to estimate upper level substitution bias in the CPI; (2) expansion of the Consumer Expenditure Survey and the Point of Purchase Survey; and (3) implementation of revisions to the CPI with respect to programs under SSA title II. Directs BLS to establish an administrative advisory committee to advise it periodically about CPI revisions, and to conduct research and experimentation with alternative data collection and estimating approaches. Amends SSA title II to provide for use of a reduced CPI in the indexing of cost-of-living benefits. (Sec. 10) Amends SSA title II to: (1) provide for a phased-in reduction in spousal benefits other than survivor's benefits to 33 percent of primary insurance amount; (2) make various specified adjustments to the bend points in the formula for determining the primary insurance amount; and (3) provide for a phased-in increase in social security normal and early retirement ages, up to a normal retirement age of 70 in the year 2037 for individuals attaining early retirement age (62) in the year 2029. Requires specified incremental increases in both normal and early retirement ages after 2029. (Sec. 13) Amends SSA title VII (Administration) to establish a new mechanism for ensuring solvency in the social security trust funds. Directs the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, if it determines that the balance ratio of either Trust Fund for any calendar year during the succeeding 75 years will be zero, to recommend to the Congress and the President statutory adjustments affecting Trust Fund receipts and disbursements necessary to maintain its balance ratio at not less than 20 percent, with due regard to the economic conditions which created such inadequacy in the balance ratio, and the amount of time necessary to alleviate it in a prudent manner. Requires such report to specify the extent to which benefits would have to be reduced, taxes would have to be increased, or a combination thereof, in order to obtain the desired objectives. Directs the same Board to recommend to the Congress and the President statutory adjustments to the disability insurance program to modify the changes in disability benefits made under this Act without reducing the balance ratio of the Federal Disability Insurance Trust Fund. Prescribes a procedure for presidential review, disapproval, and approval of Board recommendations.
United States · United States Congress · 19 June 1998
Taxpayer's Defense Act - Amends Federal law provisions concerning discretionary congressional review of agency rules to set forth provisions mandating that a rule that establishes or increases a tax, however denominated, shall not take effect before the enactment of a bill the text of which has been submitted to each House of the Congress by the agency promulgating the rule in a report that contains the bill's text and an explanation of the bill. Exempts a rule promulgated under the Internal Revenue Code. Outlines introduction, referral, and consideration procedures for approval of the bill.
United States · United States Congress · 18 June 1998
Significant Regulation Oversight Act of 1998 - Prohibits a significant rule from taking effect before the enactment of a joint resolution described in section four of this Act comprised solely of the text of the rule. Requires, before a proposed significant rule takes effect as a final rule, the agency proposing the rule to submit to each House of Congress a report containing: (1) a copy of the proposed rule; (2) a concise summary of such rule, its purpose, and anticipated effects; (3) a complete copy of any cost-benefit analysis report that has been prepared by the agency with respect to the rule; (4) an explanation of the specific statutory interpretation under which a rule is proposed; and (5) any other relevant information or requirements under any other Act and any relevant Executive order. Requires each House of the Congress to provide a copy of the report to the Chairman and ranking minority party member of each committee with jurisdiction over the subject matter of the report. States that if the Congress fails to enact a joint resolution as prescribed in this Act approving a proposed significant rule, no court or agency may infer any intent of the Congress from any action or inaction with regard to such rule or any related statute. (Sec. 4) Requires the majority leader of each House of the Congress to introduce (by request) a joint resolution comprised solely of the text of the proposed significant rule within three session days in the Senate or three legislative days in the House of Representatives after the date on which an agency submits the report containing the text of the proposed significant rule. Allows any Member of either House to introduce the resolution if it is not introduced in that House as provided in the preceding sentence. Outlines House and Senate committee and floor procedures for approval of the joint resolution. (Sec. 5) Allows any existing rule to be revised or revoked in accordance with this Act if a petition for review so requests. (Sec. 6) Defines "significant rule" for purposes as any rule proposed by an agency that is specified or described as such in the Act that authorizes the rule. (Sec. 7) States that nothing in this Act applies to any rule concerning monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.
United States · United States Congress · 17 June 1998
Amends Internal Revenue Code provisions concerning arbitrage bonds to exclude from treatment as arbitrage bonds certain bonds issued primarily to facilitate the collection or receipt of delinquent real property taxes.
United States · United States Congress · 11 June 1998
Bosnia Force Realignment Act - Prohibits the use of any funds appropriated or otherwise available to the Department of Defense (DOD) for FY 1999 or any subsequent fiscal year for the deployment of any U.S. ground combat forces in the Republic of Bosnia and Herzegovina after June 30, 1999. Provides exceptions to such prohibition to the extent necessary to support: (1) a limited number of U.S. military personnel sufficient only to protect U.S. diplomatic facilities; or (2) non-combat military personnel sufficient only to advise the commanders of the North American Treaty Organization (NATO) peacekeeping operations there. Prohibits DOD funds from being used after June 30, 1999, for: (1) the conduct of, or support for, any law enforcement activities in the Republic of Bosnia and Herzegovina, except for the training of law enforcement personnel or to prevent imminent loss of life; (2) any activity that may jeopardize the primary mission of the NATO-led force in preventing armed conflict there; (3) the transfer of refugees within the Republic of Bosnia and Herzegovina that has a purpose of acquiring control by one Bosnian Entity of territory allocated to another or that may expose U.S. armed forces to substantial risk; or (4) implementation of any decision to change the legal status of any territory within the Republic of Bosnia and Herzegovina, unless expressly agreed to by all signatories to the Dayton Peace Agreement. Requires the President to report to the Congress on the progress of the withdrawal of U.S. ground combat forces from the Republic of Bosnia and Herzegovina.
United States · United States Congress · 11 June 1998
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 · 10 June 1998
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act with respect to investment of the social security trust funds. Repeals authorization for the issuance of public-debt obligations for purchase by the trust funds. Declares that nothing in Federal law shall be construed to authorize the Federal Government to issue such obligations solely for purchase by the trust funds. Requires the Managing Trustee of the trust funds to: (1) ensure that obligations in which investments are made bear interest at a rate at least equal (currently, equal) to the average market yield on all marketable interest-bearing U.S. bonds (thus allowing the interest rate to exceed the average market yield); and (2) compute the average market yield on the basis of market quotations as of the end of the calendar month next preceding the date of purchase (currently, date of issuance). Provides that any description of, or reference to, surplus or deficit totals for the Government in any document or other material prepared by the Office of Management and Budget or by the Congressional Budget Office shall not include the outlays and revenue totals of the social security trust funds.
United States · United States Congress · 7 May 1998
American Economy Protection Act - Prohibits the use of Federal funds to implement the Kyoto Protocol to the United Nations Framework Convention on Climate Change, unless or until the Senate has given its advice and consent to ratification of the Protocol. Prohibits Federal agencies from having authority to promulgate regulations to limit the emissions of carbon dioxide, unless a law is enacted specifically granting such authority.
United States · United States Congress · 7 May 1998
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act with respect to investment of the social security trust funds. Repeals authorization for the issuance of public-debt obligations for purchase by the trust funds. Declares that nothing in Federal law shall be construed to authorize the Federal Government to issue such obligations solely for purchase by the trust funds. Requires the Managing Trustee of the trust funds to: (1) ensure that obligations in which investments are made bear interest at a rate at least equal (currently, equal) to the average market yield on all marketable interest-bearing U.S. bonds (thus allowing the interest rate to exceed the average market yield); and (2) compute the average market yield on the basis of market quotations as of the end of the calendar month next preceding the date of purchase (currently, date of issuance). Requires such obligations also to be subject to an option to redeem at any time at the purchase price. Provides that any description of, or reference to, surplus or deficit totals for the Government in any document or other material prepared by the Office of Management and Budget or by the Congressional Budget Office shall not include the outlays and revenue totals of the social security trust funds.
United States · United States Congress · 7 May 1998
Expresses the sense of the House of Representatives that the contributions made by law enforcement officers killed in the line of duty should be honored, their dedication and sacrifice recognized, and their unselfish service to the Nation remembered.
![Official portrait of Rep. Smith, Nick [R-MI-7]](https://www.congress.gov/img/member/s000597_200.jpg)