United States · United States Congress · 21 July 1998
Expresses the sense of the Congress that the United States should: (1) publicly declare that it considers that there is reason to believe that Slobodan Milosevic, President of the Federal Republic of Yugoslavia, has committed war crimes, crimes against humanity, and genocide; (2) make collection of information that can be supplied to the International Criminal Tribunal for the former Yugoslavia for use as evidence to support his indictment and trial a high priority; (3) provide a fair share of any additional financial or personnel resources that may be required by the Tribunal for the adjudication of Milosevic and others arising from the conflict in the former Yugoslavia; (4) engage in a discussion with other members of the North Atlantic Treaty Organization and interested states of information any such state may hold regarding such matters and of measures to be taken to apprehend persons indicted for war crimes and crimes against humanity; and (5) urge the Tribunal to promptly review all information relating to Milosevic's possible criminal culpability, with a view toward prompt issuance of a public indictment.
United States · United States Congress · 20 July 1998
TABLE OF CONTENTS: Title I: Public Works and Economic Development Programs Subtitle A: Reauthorizations Subtitle B: Innovative Financing Pilot Programs Title II: Appalachian Regional Development Economic Development Partnership Act of 1998 - Title I: Public Works and Economic Development Programs - Subtitle A: Reauthorizations - Amends the Public Works and Economic Development Act of 1965 (the Act, for purposes of this title) to direct the Secretary of Commerce to cooperate with States and other entities to assure that Federal economic development programs are compatible with and further the objectives of State, regional, and local economic development plans and comprehensive economic development strategies. Directs the Secretary to: (1) provide appropriate technical assistance to such entities in order to alleviate economic distress, encourage partnerships for economic development strategies, and stimulate modernization and technological advances in the generation and commercialization of goods and services; and (2) issue regulations for intergovernmental review of proposed economic development projects. Authorizes the Secretary to enter into appropriate economic development agreements with two or more adjoining States. Authorizes the Secretary to make grants to eligible recipients (defined later under this Act) for acquisition or development of land improvements for public works, public service, or development facility usage, as well as the acquisition, design and engineering, construction, rehabilitation, alteration, expansion, or improvement of such facilities. Provides assistance conditions relating to the establishment of industrial or commercial plants and the increase of employment in the area. Prohibits more than 15 percent of the appropriations made for such assistance from being expended in any one State. Allows grants to be increased due to construction cost increases, with limitations. Authorizes the Secretary to make direct grants for economic development planning and related administrative expenses. Requires such planning to be a continuous process and to be prepared as part of a comprehensive economic development strategy for the area involved. Requires State certification of an economic development plan's consistency with local and economic development district plans. Provides a Federal cost-share limit of 50 percent of project costs. Authorizes the Secretary to make supplementary grants for a project for which the applicant is eligible but cannot supply the required matching share. Provides supplementary grant conditions and requirements, authorizing the Secretary to reduce or waive the required non-Federal share in such cases. Authorizes the Secretary to make direct grants for training, research, and technical assistance for alleviating or preventing conditions of excessive unemployment or underemployment. Allows such grants to include amounts for relocation assistance. Authorizes the Secretary to make direct grants for public facilities, public services, business development, planning, technical assistance, training and other assistance which demonstrably furthers the economic adjustment objectives of the Act. Allows such grant to be used in either direct expenditures by the recipient or through redistribution to other public and private entities, but prohibits any such redistribution to a private profit-making entity. Authorizes the Secretary to: (1) approve the use of grant funds for projects the scope or purpose for which changes after the grant has been made; (2) use funds for projects constructed for less than the projected costs to improve such projects; and (3) make assistance available for projects to be carried out at a military or Department of Energy installation. Prohibits any assistance under the Act which would produce unfair commercial competition. Authorizes the sale of financial instruments in revolving loan funds to further the purposes of the Act. Requires reports from grant and assistance recipients. Defines as an eligible recipient for purposes of this Act an area that: (1) has a per capita income of 80 percent or less of the national average or an unemployment rate one percent above such average; (2) has experienced or is about to experience a special need to meet an expected rise in unemployment; or (3) is determined by the Secretary to be a pocket of poverty or high unemployment within a larger community of less economic distress and that has demonstrated a resistance to economic recovery without assistance under the Act. Requires from recipients: (1) documentation of the presence of any such criteria; and (2) a comprehensive economic development strategy which identifies the economic problems to be addressed through such assistance, as well as related information. Authorizes the Secretary, in order to plan and carry out economic development projects of broader geographic significance, to designate appropriate economic development districts and economic development centers within such districts. Provides geographic, population, and other requirements with respect to each such designation. Directs the Secretary to prescribe standards for the termination of such districts and centers. Authorizes the Secretary to increase by up to ten percent of project costs the amount of grant assistance otherwise provided in the Act for projects within designated districts. Requires each designated district to provide to the Appalachian Regional Commission a copy of such district's comprehensive economic development strategy. Authorizes the Secretary to provide assistance to a district area which does not meet the requirements of an eligible recipient under the Act when such assistance will be of substantial direct benefit to a qualifying area in such district. Directs the Secretary to administer this Act with the assistance of an Assistant Secretary of Commerce for Economic Development. Directs the Secretary to establish in the Economic Development Administration (EDA) an Office of Economic Development Information to serve as a central information clearinghouse on all matters relating to economic development programs and activities of Federal and State governments, to help applicants for such assistance, and to develop electronic links or other connections to other information databases to assist such entities in identifying and applying for assistance and resources under such programs. Requires public access to Office information and data services. Requires appropriate consultation with other persons and agencies. Authorizes the Secretary to furnish procurement divisions of the Federal Government with a list of business firms located in distressed areas which desire Government supplies and services contracts. Directs the Secretary to: (1) notify specified congressional committees of any EDA reorganization of its offices, programs, or activities at least 30 days before such reorganization; (2) conduct an evaluation at least every three years of each university center and economic development district receiving assistance to assess its performance and contribution toward job retention and creation; (3) establish a Federal Coordinating Council for Economic Development to coordinate with Federal, State, and other districts and organizations its activities relating to comprehensive economic development strategies and grants; and (4) establish an Economic Development Revolving Loan Fund Task Force to review and make recommendations concerning the financial management and related standards and requirements of revolving loan funds from which financial instruments are sold in order to further the purposes of this Act. Imposes penalties upon persons who: (1) make false statements in order to obtain assistance under the Act; and (2) embezzle or commit other fraud-related crimes while connected in any capacity with the Secretary in the administration of the Act. Sets forth: (1) conflict-of-interest provisions; and (2) recordkeeping requirements for the Secretary and recipients regarding assistance under this Act. Provides that assistance under the Act shall supplement and not supplant other Federal assistance. Authorizes appropriations for FY 1999 through 2003. Authorizes additional appropriations for administrative expenses and defense conversion activities. Subtitle B: Innovative Financing Pilot Programs - Authorizes the Secretary to guarantee a loan made by a private lending institution to a State, political subdivision, Indian tribe, or organization or association for any purpose for which the Secretary can make a direct grant under title I of this Act. Provides funding. (Sec. 122) Directs the Secretary, acting through the Under Secretary of Commerce for Economic Development, to carry out a program to demonstrate the effectiveness of encouraging economic development by making grants for reducing interest rates on loans for economic development activities. Outlines grant requirements, terms, and conditions. (Sec. 123) Directs the Secretary to convey to the city of Two Harbors, Minnesota, the J and J Casting Site in Lake County, Minnesota, together with a road easement. (Sec. 124) Directs the Secretary, by September 30 of each of FY 1999 through 2003, to report to the Congress an evaluation of the effectiveness of the loan guarantees and grants under this Subtitle. (Sec. 125) Prohibits funds made available under this Act from being expended in violation of the Buy American Act. Title II: Appalachian Regional Development - Amends the Appalachian Regional Development Act of 1965 (the Act, for purposes of this title) to: (1) require the Appalachian Regional Commission (ARC) to meet at least once a year and allow the ARC to conduct additional meetings by electronic means as considered advisable; (2) require the ARC to obtain a quorum of State members before reaching certain decisions; (3) extend permanently the authorization of appropriations for ARC administrative expenses; (4) revise compensation levels for ARC employees; (5) extend ARC administrative authority through FY 2003; and (6) reduce from 100 to 50 percent of program costs the Federal cost-sharing requirement with respect to demonstration health projects in the Appalachian region under this Act, with an exception of 80 percent of such costs for counties designated as distressed. (Sec. 208) Repeals the following programs and provisions under the Act: (1) the land stabilization, conservation, and erosion control program; (2) the timber development program; (3) the mining area restoration program; (4) the water resource development and utilization survey; (5) the Appalachian airport safety improvements program; (6) the sewage treatment works program; and (7) amendments to the Housing Act of 1954. (Sec. 214) Reduces from 100 to 50 percent of program costs the Federal cost-sharing requirement with respect to Appalachian vocational education and education demonstration projects, with an exception of 80 percent of such costs for counties designated as distressed. Makes an identical reduction with respect to Federal costs for Federal grant-in-aid programs in the Appalachian region. (Sec. 218) Adds specified criteria and measurements to be considered when determining programs and projects to be given assistance under the Act. (Sec. 219) Directs the ARC to designate as: (1) distressed counties those counties that are the most severely and persistently distressed; (2) competitive counties those counties which are approaching economic parity with the rest of the country; and (3) attainment counties those counties which have attained or exceeded such economic parity. Requires the ARC to give special consideration to counties designated as distressed. Limits to 30 percent of project costs the authorized assistance for a county designated as competitive and prohibits assistance for a county designated as attainment. Provides exceptions and an authorized waiver by the ARC. (Sec. 220) Empowers the ARC (currently, the President) to make grants for administrative expenses and ARC research and development projects under the Act. Reduces from 75 to 50 percent of program costs the Federal share of such projects, with an exception of 80 percent for counties designated as distressed. Repeals provisions concerning such projects which: (1) require certain ARC studies and reports; (2) authorize appropriations through June 30, 1969; and (3) ensure public availability of all information obtained from such projects. (Sec. 221) Extends through FY 2003 the authorization of appropriations and termination date under the Act.
United States · United States Congress · 16 July 1998
No Second Chances for Murderers, Rapists, or Child Molesters Act of 1998 - Expresses the sense of the Congress that any individual convicted of: (1) murder should receive the death penalty or be imprisoned for life without the possibility of parole; and (2) rape or a dangerous sexual offense involving a child under age 14 should be imprisoned for life without the possibility of parole. Requires the Attorney General to transfer the following amounts from Federal law enforcement assistance funds for a State that convicted a person of a first offense of murder, rape, or a dangerous sexual offense to a State that convicts that person for a subsequent such offense: (1) up to $100,000 for transfer to each victim of the subsequent offense; and (2) the cost of incarceration, prosecution, and apprehension of such person. Sets forth provisions regarding situations where a person has a prior conviction in more than one State. Requires the United States Sentencing Commission to amend the Federal sentencing guidelines to provide that whoever is guilty of: (1) murder shall be punished by death or by life imprisonment; and (2) rape or a dangerous sexual offense shall be punished by life imprisonment. Directs the Attorney General to collect and distribute data to the President, Members of Congress, State governments, and officials of localities and penal and other institutions participating in the Uniform Crime Reports program which includes: (1) the number of murders, rapes, and dangerous sexual offenses committed by persons previously convicted of one of these offenses; and (2) the percentage of cases in which a person convicted of murder, rape, or a dangerous sexual offense in one State commits a second offense in another State.
United States · United States Congress · 16 July 1998
Illegal Alien Forfeiture Act of 1998 - Amends the Immigration and Nationality Act with respect to the civil penalty for illegal U.S. entry to: (1) make such penalty mandatory; and (2) authorize related asset seizure and forfeiture. (Sec. 4) Provides additional civil penalties (and asset seizure and forfeiture) for: (1) transporting illegal aliens into or in the United States; and (2) the alien so transported. (Sec. 5) Makes aliens owing a debt to the United States: (1) deportable; and (2) ineligible for admission or visas. (Sec. 6) Increases the civil penalty for entry of an alien at the improper time or place.
United States · United States Congress · 16 July 1998
Amends the Rules of the House of Representatives to add rule LII (Drug Testing) to require each Member, officer, and employee of the House to participate in a mandatory drug testing program. Conditions the employment of officers and employees by the House on participation in the program. Requires: (1) the Clerk of the House to contract with a private, nongovernmental entity to carry out the drug testing program; and (2) random testing of each Member, officer, and employees on a neutral selection basis, and in an appropriate testing frequency and ratio (as defined by this rule), and in addition to any methods under the Mandatory Guidelines for Federal Workplace Drug Testing Programs, using urinalysis, hair testing, and other appropriate methods of testing for illegal use of controlled substances. Requires confirmed positive results to be provided to the Member, officer, or employee involved or in the case of: (1) a Member, to the Committee on Standards of Official Conduct; (2) an employee of a Member, to the Member; (3) an employee of a committee, to the chair and ranking minority member of the committee; and (4) an officer or employee not described in paragraphs (3) or (4), to the Speaker, Majority Leader, Majority Whip, Minority Leader, and Minority Whip. Requires each final test result of Members to be included in a biennial report of the Clerk of the House and printed as a House document. Subjects, at the request of the supervising Member of an officer or employee of the House, the individual to a drug test if: (1) evidence exists that supports a reasonable suspicion that the officer or employee may be engaging in or has engaged in the illegal use of controlled substances, or is otherwise in violation of a policy of the supervising Member regarding the illegal use of controlled substance; (2) such individual is participating in or has participated in a substance abuse treatment program under an employee assistance program or is otherwise receiving treatment or counseling for substance abuse; (3) such individual has been involved in an accident which may have involved human error and which caused or may have caused a fatality, an injury, or significant property damage in an estimated amount of at least $200; (4) the supervising Member proposes to promote the individual; or (5) the individual is returning to employment with the House after a period of absence of at least six months. Requires the Committee to publicly disclose the identity of any Member who refuses to provide a sample for testing under the program and to take such other action as it considers appropriate against such a Member. Bars an individual who is an officer or employee of the House as of August 1, 1998, from continuing to serve after the expiration of the 180-day period which begins on the adoption of this resolution unless during such period the individual executes a witnessed statement agreeing to participate in random employee drug testing. Prohibits an individual who is first given an offer of employment by the House on or after August 1, 1998, from being hired unless: (1) the individual executes a witnessed statement agreeing to participate in the random drug testing program if hired; (2) the individual provides a sample for the testing; and (3) the individual's sample does not produce a confirmed positive result. Precludes an officer or employee from carrying out any duties with respect to the fields of national defense, foreign policy, intelligence, law enforcement, or any other field involving national security or public safety (as determined in accordance with regulations issued by the Committee on House Oversight) unless the individual participates in the drug testing program. Amends rule XXXII (Of admission to the floor) to prohibit an officer or employee of the House from being entitled to admission to the Hall of the House or rooms leading thereto unless such individual participates in the drug testing program. Amends rule I (Duties of the Speaker) to strike provisions requiring the Speaker to develop a system for drug testing in the House.
United States · United States Congress · 16 July 1998
Calls for executive agencies, when formulating and implementing policies that have federalism implications, to: (1) strictly adhere to constitutional principles and closely examine the constitutional and statutory authority supporting any Federal action that would limit the policy making direction of the States; (2) take Federal action limiting the policy making discretion of the States only where constitutional authority for the action is clear and certain and the national activity is necessitated by the presence of a problem of national scope; (3) recognize the distinction between problems of national scope and problems that are merely common to the States; (4) recognize that constitutional authority for Federal action is clear and certain only when authority for the action may be found in a specific provision of the Constitution, when there is no provision in the Constitution prohibiting Federal action, and when the action does not encroach upon authority reserved to the States; (5) encourage States to develop their own policies to achieve program objectives and to work with officials in other States; (6) refrain from establishing uniform, national standards for programs and, when possible, defer to the States to establish standards; and (7) consult with officials and organizations representing the States in developing national standards when required. States that: (1) the national Government should grant the States the maximum administration discretion possible with respect to national policies administered by the States; and (2) intrusive Federal oversight of State administration is neither necessary nor desirable. Calls for observation of the following special requirements for preemption of State law: (1) agencies should construe a Federal statute to preempt only when it contains an express preemption provision, when there is some other firm and palpable evidence compelling the conclusion that the Congress intended preemption, or when the exercise of State authority directly conflicts with the exercise of Federal authority under the statute; (2) if a Federal statute does not preempt, such agencies should construe any authorization in the statute for the issuance of regulations as authorizing preemption by rule making only when the statute expressly authorizes issuance of preemptive regulations or when there is some other such evidence compelling the conclusion that the Congress intended to delegate preemption authority; (3) any regulatory preemption should be restricted to the minimum level necessary to achieve the objectives of the statute; (4) an agency that foresees the possibility of a conflict between State law and federally protected interests should consult with State officials and organizations to avoid such a conflict; and (5) an agency that proposes to act through adjudication or rule making should provide all affected States notice and an opportunity for participation in the proceedings.
United States · United States Congress · 25 June 1998
Directs the Secretary of Transportation to study and report to the Congress on options for improving the safety of persons at roadside emergency scenes, including motor vehicle accident scenes. Expresses the sense of the Congress that States should enforce laws to improve the safety of persons present at such places, thus making it unnecessary for the Congress to enact Federal legislation to withhold Federal highway funds until such State laws are enacted and enforced.
United States · United States Congress · 25 June 1998
Amends rule XXI (On Bills) of the House of Representatives to require a vote of at least two-thirds of the Members voting before considering as passed or agreed to any bill or joint resolution that: (1) authorizes the President to enter into a trade agreement that is implemented by legislation that is considered by each House of Congress under procedures that preclude amendments; or (2) implements any trade agreement and that is not subject to amendment.
United States · United States Congress · 24 June 1998
Condemns the repressive policies of the Government of the former Soviet Union during the Ukrainian Famine of 1932-1933. Expresses the sense of the Congress: (1) in remembrance of the victims of the Famine; and (2) that any supplemental material that will assist in disseminating information about the Famine should be compiled and made available worldwide.
United States · United States Congress · 23 June 1998
Amends rule XXI (On Bills) of the House of Representatives to require a vote of at least two-thirds of the Members voting before considering as passed any bill or joint resolution that implements any trade agreement and that is not subject to amendment.
United States · United States Congress · 11 June 1998
Drugs and Informed Consent Armed Forces Protection Act of 1998 - Amends the Federal Food, Drug, and Cosmetic Act to provide that if the Secretary of Defense submits to the Secretary of Health and Human Services (HHS) a request to waive the requirement of prior informed consent with respect to the administration of a drug to members of the armed forces for investigational use, then any determination by the Secretary of Defense that obtaining such consent is not feasible or is contrary to the best interests of the members involved shall not be effective unless the President provides to the HHS Secretary a written statement concurring in that determination.
United States · United States Congress · 11 June 1998
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
Persian Gulf War Veterans Health Act of 1998 - Presumes to be service-connected (and therefore compensable or treatable under Federal veterans' benefits provisions) an illness that: (1) the Secretary of Veterans Affairs determines to have a positive association with a biological, chemical, or other toxic agent or environmental or wartime hazard (agent or hazard) associated with service in the southwest Asia theater of operations during the Persian Gulf War; and (2) becomes manifest in a veteran who was exposed to such agent or hazard by reason of such service. Presumes such exposure unless there is conclusive evidence otherwise. Directs the Secretary to contract with an independent scientific body to establish a panel for reviewing medical and scientific literature to identify those diseases and illnesses associated with exposure of humans or animals to specified pesticides, agents, compounds, particulates, radiation, and pollutants. Requires each disease or illness identified that becomes manifest in a Gulf veteran to be presumed to be service-connected. Authorizes appropriations. Requires the updating of presumed exposures. Enumerates the pesticides, agents, compounds, particulates, radiation, and pollutants to which Gulf veterans shall be presumed to have been exposed. Directs the Secretary to submit to the Congress a plan for establishing a panel to review the statistical occurrence of both diagnosed and undiagnosed illnesses and symptoms among Gulf War veterans and their families. Directs the President to submit to the Congress a plan for the establishment of a permanent expert advisory group to advise the President and the congressional defense and intelligence committees on the adequacy of current U.S. chemical, biological, and radiological defense technologies, procurement practices, and doctrine for defending U.S. forces against both the immediate and chronic consequences of acute and subacute exposures to chemical, biological, radiological, or other genotoxic battlefield materials.
United States · United States Congress · 11 June 1998
Condemns and calls for the condemnation of the brutal killing of James Byrd, Jr., which occurred in Jasper, Texas, as unacceptable and outrageous. Declares that the House of Representatives pledges to: (1) do everything in its power to probe the underlying causes of this brutal killing; and (2) join in efforts to bring an end to racism and the underlying fear and hatred and to encourage all Americans to dedicate themselves to ending racism and violence in the United States. Calls on the Federal Bureau of Investigation, the Department of Justice, the White House, and all other Federal law enforcement agencies to conduct an immediate, full, and fair investigation into all of the facts of the case to aggressively respond to this tragedy with indictments. Urges the prosecution to proceed aggressively with a fair but speedy trial.
United States · United States Congress · 10 June 1998
Federal Protective Service Reform Act of 1998 - Amends the Act of June 1, 1948, to redesignate special policemen of the General Services Administration (GSA) as police officers. (Sec. 3) Extends the powers of sheriffs and constables granted to such police officers upon Federal property under the GSA Administrator's control to any area within 500 feet from such property and makes such powers concurrent with State and local law enforcement authorities in the area in which the property is located. Empowers such police officers to: (1) carry firearms; (2) petition Federal courts for and execute arrest and search warrants; (3) make arrests without a warrant; and (4) conduct investigations, on and off the property of offenses on such property; and (5) coordinate with other law enforcement agencies that have intelligence gathering authority for the protection of such persons and property. Authorizes police officers to exercise any power granted in such an area if: (1) the officer reasonably believes that the action is necessary to prevent or stop a felony in progress; (2) the felony is being committed in the presence of the officer; and (3) there is a known, immediate threat. (Sec. 4) Increases from $50 to $5,000 the maximum penalty for violations of any rules or regulations with respect to Federal property. (Sec. 5) Empowers nonuniformed special law enforcement officers with the same authority outside Federal property (within 500 feet of a Federal area) as police officers have. (Sec. 6) Directs the Administrator to establish the Federal Protective Service (FPS) as a separate operating service of GSA. Provides for the FPS to be headed by a Commissioner who: (1) shall be appointed by and report directly to the Administrator; and (2) has at least five years of professional law enforcement experience in a command or supervisory position. Requires the Commissioner to: (1) assist the Administrator; (2) serve as the principal U.S. law enforcement officer and security official with respect to the protection of Federal officers and employees in such property; (3) render assistance to other Federal, State, and local law enforcement agencies upon request; and (4) carry out his or her duties in coordination with the Commissioner of the Public Buildings Service. (Sec. 7) Requires FPS police officers' and criminal investigators' pay and benefits to be determined in accordance with a pay and benefits package established by the Administrator that is equivalent to the pay scale and benefits package applicable to U.S. Secret Service Uniformed Division members. (Sec. 8) Requires there to be at least 730 full-time police officers in the FPS one year after the enactment of this Act. Prohibits any reduction in such number of officers unless specifically authorized by law. Directs the Comptroller General to study and report on the feasibility of merging all building security forces of the executive branch within and under the FPS's supervision. (Sec. 9) Directs the Commissioner to prescribe standards for the contracting of security personnel for Federal property. Provides for such standards to ensure that contract personnel receive adequate training and are subject to the same background check requirements as FPS police officers.
United States · United States Congress · 9 June 1998
Expresses the sense of the Congress that: (1) undercover law enforcement investigations, including sting operations, are necessary to counter increasingly sophisticated money laundering schemes that involve financial institutions in this country and other countries, including Mexico; and (2) the United States should not agree to extradite to Mexico U.S. law enforcement agents involved in Operation Casablanca for actions taken within the scope of such Operation.
United States · United States Congress · 5 June 1998
Nazi War Crimes Disclosure Act - Establishes the Nazi War Criminal Records Interagency Working Group to locate, identify, inventory, recommend for declassification, and make available to the public at the National Archives and Records Administration, all classified Nazi war criminal records of the United States. Requires that: (1) Group members include the Director of the Holocaust Museum, the Historian of the Department of State, and the Archivist of the United States; and (2) the Group submit a report to the Congress describing all such records, their disposition, and the Interagency Group's activities. Authorizes appropriations. Requires such records to be released in their entirety, except that an agency head may exempt from release specific information that would compromise privacy, national security, or U.S. foreign policy, as specified. States that in applying the exemptions there shall be a presumption that the public interest in the release of Nazi war criminal records will be served by disclosure and release of the records. Permits assertion of such exemption only when the agency head determines that disclosure and release would be harmful to a specific interest identified. Requires such a determination to be promptly reported to the appropriate congressional committees, including the Senate Committee on the Judiciary and the House Committee on Government Reform and Oversight. Subjects such exemptions to the same standard of review that applies to records withheld under the Freedom of Information Act (FOIA) for matters that are specifically authorized by an executive order to be kept secret in the interest of national defense or foreign policy. Provides an additional exception from disclosure for records: (1) related to or supporting any investigation, inquiry, or prosecution by the Office of Special Investigations of the Department of Justice; or (2) solely in the possession or control of that office. Amends the National Security Act of 1947 to provide that the exemption from public disclosure authorized under such Act for operational files of the Central Intelligence Agency shall not apply to information regarding any operational file, or portion of any operational file that constitutes a Nazi war criminal record. Provides for expedited processing of FOIA requests for Nazi war criminal records.
United States · United States Congress · 4 June 1998
Amends the Rules of the House of Representatives to add rule LII (Drug Testing) to require each Member, officer, and employee of the House to participate in a mandatory drug testing program. Conditions the employment of officers and employees by the House on participation in the program. Requires: (1) the Clerk of the House to contract with a private, nongovernmental entity to carry out the drug testing program; and (2) random testing of each Member, officer, and employees on a neutral selection basis, and in an appropriate testing frequency and ratio (as defined by this rule), and in addition to any methods under the Mandatory Guidelines for Federal Workplace Drug Testing Programs, using urinalysis, hair testing, and other appropriate methods of testing for illegal use of controlled substances. Requires confirmed positive results to be provided to the Member, officer, or employee involved or in the case of: (1) a Member, to the Committee on Standards of Official Conduct; (2) an employee of a Member, to the Member; (3) an employee of a committee, to the chair and ranking minority member of the committee; and (4) an officer or employee not described in paragraphs (3) or (4), to the Speaker, Majority Leader, Majority Whip, Minority Leader, and Minority Whip. Requires each final test result of Members to be included in a biennial report of the Clerk of the House and printed as a House document. Subjects, at the request of the supervising Member of an officer or employee of the House, the individual to a drug test if: (1) evidence exists that supports a reasonable suspicion that the officer or employee may be engaging in or has engaged in the illegal use of controlled substances, or is otherwise in violation of a drug abuse prevention policy of the supervising Member; (2) such individual is participating in or has participated in a substance abuse treatment program under an employee assistance program or is otherwise receiving treatment or counseling for substance abuse; (3) such individual has been involved in an accident which may have involved human error and which caused or may have caused a fatality, an injury, or significant property damage in an estimated amount of at least $200; (4) the supervising Member proposes to promote the individual; or (5) the individual is returning to employment with the House after a period of absence of at least six months. Requires the Committee to take appropriate action against any Member who refuses to provide a sample for testing under the program. Prohibits an individual who is first given an offer of employment by the House on or after June 1, 1998, from being hired unless: (1) the individual executes a witnessed statement agreeing to participate in the random drug testing program if hired and agreeing to waive legal rights of challenge; (2) the individual provides a sample for the testing; and (3) the individual's sample does not produce a confirmed positive result. Precludes an officer or employee from carrying out any duties with respect to the fields of national defense, foreign policy, intelligence, law enforcement, or any other field involving national security or public safety (as determined in accordance with regulations issued by the Committee on House Oversight) unless the individual participates in the drug testing program. Amends rule XXXII (Of admission to the floor) to prohibit an officer or employee of the House from being entitled to admission to the Hall of the House or rooms leading thereto unless such individual participates in the drug testing program. Amends rule I (Duties of the Speaker) to strike provisions requiring the Speaker to develop a system for drug testing in the House.
United States · United States Congress · 22 May 1998
Entitles to veterans' disability compensation a veteran whose disease or injury is attributable in whole or part to the use of tobacco products. Authorizes an additional $1 billion for FY 1999 for the Department of Veterans Affairs.
United States · United States Congress · 21 May 1998
States that in the case of a taxable year beginning before January 1, 1980, the determination of whether a tax deduction as a trade or business expense is allowable under the Internal Revenue Code for flight training expenses shall be made without regard to whether the taxpayer was reimbursed for any portion of such expenses through certain veterans educational assistance programs. Sets forth statute of limitations provisions.
United States · United States Congress · 19 May 1998
Speed Trafficking Life in Prison Act of 1998 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to decrease the quantities of methamphetamine necessary to trigger specified trafficking penalties (to correspond to amounts triggering penalties for trafficking in crack cocaine).
United States · United States Congress · 14 May 1998
TABLE OF CONTENTS: Title I: Designation and Evaluation of Renewal Communities Title II: Tax Incentives for Renewal Communities Title III: Additional Provisions American Community Renewal Act of 1998 - Title I: Designation and Evaluation of Renewal Communities - Renewing American Communities Act of 1998 - Amends the Internal Revenue Code to authorize the Secretary of Housing and Urban Development to designate (upon local or State nomination) up to 100 renewal communities, of which at least 20 percent shall be in rural areas. Requires for nomination purposes that: (1) the area be experiencing high rates of poverty and unemployment and general distress; and (2) State and local governments enter into written contracts with neighborhood organizations to promote specified economic growth and employment activities. Treats renewal communities as labor surplus areas for all Federal law purposes. Title II: Tax Incentives for Renewal Communities - Amends the Internal Revenue Code to exclude from gross income capital gains on the sale or exchange of a qualified community asset (stock, business property, or partnership interest) held for more than five years. Allows a specified deduction for amounts paid into a family development account on behalf of an individual or another qualified individual who is a renewal community resident. Excludes from gross income account distributions used for qualified family development expenses (postsecondary education, first-home purchase, business capitalization, medical, and rollovers). Provides a penalty (with exceptions) in addition to inclusion as gross income for nonqualifying distributions. Provides for designation of up to 25 percent of qualifying renewal communities as matching demonstration areas eligible to receive family development account matching contributions. Authorizes: (1) designation of earned income tax credit payments for family development account deposit; (2) a commercial building revitalization tax credit; (3) increased first year expensing for renewal community businesses; (4) extension of environmental remediation cost expensing and the work opportunity credit for renewal communities; and (5) similar tax treatment of renewal communities and enterprise zones for specified youth residence requirements. (Sec. 205) Makes conforming amendments to provisions respecting: (1) tax on excess contributions and prohibited transactions; (2) trust and annuity information; (3) tax exemption applications; and (4) the commercial revitalization credit. Title III: Additional Provisions - Provides for local government transfer of unoccupied and substandard Department of Housing and Urban Development multifamily and single family housing in renewal communities, with subsequent disposition priority to be given to community development corporations. (Sec. 302) Amends the Public Health Service Act to make religious organizations eligible to administer specified substance prevention and abuse programs. Sets forth program provisions. (Sec. 303) Amends the Community Reinvestment Act of 1977 to provide that a financial institution's investments in community development organizations located in renewal communities may be considered in evaluations under such Act.
United States · United States Congress · 14 May 1998
Amends the Internal Revenue Code to provide, for purposes of determining the exclusion of gain on the sale of a principal residence, that a member of the U.S. armed forces shall be treated as using such property as a principal residence while away from home on extended duty.
United States · United States Congress · 13 May 1998
Children's Hospitals Education and Research Act of 1998 - Directs the Secretary of Health and Human Services to make payment as specified to each children's hospital for each hospital cost reporting period beginning during FY 1999 or 2000 for the direct and indirect expenses associated with operating approved medical residency training programs. States that such payments are in lieu of certain Medicare payments to hospitals for inpatient hospital services, but shall not affect the amounts otherwise payable to such hospitals under a State Medicaid plan. Makes appropriations for such payments for such fiscal years.
United States · United States Congress · 12 May 1998
Reinstatement of the Medicare Rehabilitation Benefit Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to repeal the financial limitation on rehabilitation services under part B (Supplementary Medical Insurance) of the Medicare program. Provides that for outpatient physical therapy services, outpatient occupational therapy services, and outpatient speech-language pathology services covered under Medicare and furnished on or after January 1, 2000, the Secretary of Health and Human Services shall implement a new payment methodology based on the classification of individuals by diagnostic category, functional status, and prior use of services in both inpatient and outpatient settings. Requires that such payment methodology be designed so that, taking into account the increased expenditures resulting from this Act, it does not result in any increase or decrease in the expenditures under Medicare on a fiscal year basis.
United States · United States Congress · 7 May 1998
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 · 5 May 1998
Library of Congress Bicentennial Commemorative Coin Act of 1998 - Directs the Secretary of the Treasury to mint and issue five-dollar gold coins and one-dollar silver coins emblematic of the Library of Congress. Authorizes the Secretary to mint and issue $10 bimetallic coins of gold and platinum in lieu of the gold coins. Requires payment of coin sale surcharges to the Library of Congress Trust Fund Board to support Library activities.
United States · United States Congress · 30 April 1998
Amends the Bretton Woods Agreements Act to direct the Secretary of the Treasury to instruct the U.S. Executive Director of the International Monetary Fund (IMF) to present to the IMF's Executive Board, and work for the adoption of, a proposal to amend the IMF's bylaws to disallow it from issuing a tax allowance to the Governors, the Executive Directors, their alternates, the Managing Director, or any other IMF employee.
United States · United States Congress · 29 April 1998
Expresses the sense of the Congress that the Department of Defense should: (1) continue to apply the domestic source restrictions established under the National Defense Appropriations Act for Fiscal Year 1993; and (2) demonstrate greater fiscal responsibility in all other areas before proposing to make any exceptions to such procurement restrictions.
United States · United States Congress · 28 April 1998
Aviation Bilateral Accountability Act of 1998 - Amends Federal aviation law to require congressional approval, according to a specified procedure, of civil aviation agreements establishing air navigation (including air routes and services) between the United States and a foreign country.
United States · United States Congress · 28 April 1998
Expresses the sense of the Congress that the Health Care Financing Administration should: (1) further postpone its plans to implement the documentation guidelines for evaluation and management services, as currently constituted; (2) continue consultation with organizations representing physicians on how to reduce the complexity of any such guidelines before their use by Medicare or its agents in review of claims; (3) conduct a pilot study of any such documentation requirements before use in audits and other review activities; and (4) assure that any such documentation guidelines, if applied by Medicare or its agents in review activities, contribute to quality care and do not detract from good patient care by requiring physicians to spend undue time documenting their services (at the expense of spending less time with patients) or lead to sanctions being imposed for unintentional coding and documentation errors.
United States · United States Congress · 23 April 1998
English for the Children Act - Repeals the Bilingual Education Act (BEA). Terminates the Office of Bilingual Education and Minority Languages Affairs in the Department of Education. Repeals specified provisions of the Department of Education Organization Act relating to such Office. Directs the Secretary of Education, at the end of a specified transition period, to deposit in the Treasury any funds that have not been awarded or obligated for BEA grants. Requires completion of the most recent school year that commences after enactment of this Act before a BEA program is terminated. Authorizes the Secretary, during the one year period after such enactment, to assist local educational agencies in the transition of children enrolled in BEA programs to special alternative instructional programs that do not make use of the student's native language. Declares that this Act shall not: (1) preempt any State law; or (2) be construed as requiring that a State or local educational agency develop, implement, provide, or maintain a program of bilingual education. Voids any consent decree with either the Department of Health, Education, and Welfare or the Department of Education that requires a State, locality, or local educational agency to develop, implement, provide, or maintain any form of bilingual education.
United States · United States Congress · 23 April 1998
Independent Contractor Tax Simplification Act of 1998 - Amends the Internal Revenue Code to set forth standards for determining whether individual service providers are not employees.
United States · United States Congress · 22 April 1998
Charles Butler McVay and U.S.S. INDIANAPOLIS Relief Act - Exonerates the late rear admiral Charles Butler McVay III, United States Navy (retired), from responsibility for the sinking of the U.S.S. INDIANAPOLIS on July 30, 1945, while under his command. Expresses the sense of the Congress that the subsequent court-martial conviction of McVay was a grave injustice. Urges the President to grant McVay a posthumous pardon. Expresses the sense of the Congress that the President should award a Presidential Unit Citation to the final crew of the INDIANAPOLIS in recognition of their courage and fortitude displayed in the face of tremendous adversity after their ship was torpedoed and sunk by the Japanese navy.
United States · United States Congress · 22 April 1998
Consumer Access to Travel Information Act of 1998 - Amends Federal aviation safety law policy to direct the Secretary of Transportation to consider it in the public interest, and consistent with public convenience and necessity, to ensure that consumers may obtain unbiased information in an efficient and convenient manner from travel agents and other independent sources about air transportation passenger services and fares. Directs the Secretary to study and report to the Congress on the availability of such information to consumers. Requires the Secretary, after notice and an opportunity for a hearing, to issue a cease and desist order to any air carrier or other party engaged in any practice or policy which constitutes a predatory, unfair, or deceptive practice or unfair method of competition which restricts the widespread, convenient, and efficient access by the public to unbiased comparative air transportation passenger service and fare information or the sale, booking, or distribution of air transportation passenger services or products.
United States · United States Congress · 1 April 1998
Amends Federal shipping law to prohibit the Secretary of Transportation from collecting a fee or charge for any navigational assistance service, including icebreaking.
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Amendments to the Internal Revenue Code of 1996 Title II: Unemployment Trust Fund Accounts Title III: Grants to States for Employment Security Administration Title IV: Extended Unemployment Compensation Act of 1998 Title V: Federal Employment Security Service Title VI: Advances to State Unemployment Compensation Benefit Accounts Title VII: Conforming Amendments Employment Security Financing Act of 1998 - Title I: Amendments to the Internal Revenue Code of 1996 - Amends the Internal Revenue Code (IRC) Chapter 23 to revise Federal Unemployment Tax Act (FUTA) employer excise tax rate requirements. (Sec. 101) Repeals the 0.2 surtax for calendar years 2004 through 2007. (Ends the current FUTA employer tax rate of 6.2 percent of total employee wages after 2003, and begins a 6.0 rate in 2004.) Requires, for calendar year 2000 and thereafter, such FUTA tax, including accounts receivable from prior years, to be collected by the State agencies responsible for administration of the State unemployment compensation law as agents for the Secretary of the Treasury. Requires amounts collected by such State agencies to be deposited in: (1) the Employment Security Administration Account (the ESAA) within the Unemployment Trust Fund (the Fund), for years prior to calendar year 2003; and (2) the State's Employment Security Administration Account (State ESAA) within the Fund, for calendar year 2003 and thereafter. Requires amounts collected after January 1, 2000, by the Internal Revenue Service (IRS) to be deposited in the Employment Security Transition Account (Transition ESA) within the Fund. (Sec. 103) Sets forth additional requirements for approval of State laws. (Sec. 105) Revises the definition of State unemployment funds. (Sec. 106) Defines a State Employment Security Administration Account (State ESAA) as a special account within the Unemployment Trust Fund (the Fund) to provide administrative funds to pay the cost of services performed by the State agency in accordance with FUTA and the Social Security Act. (Sec. 107) Provides for collection of FUTA taxes by, as well as payment of FUTA taxes to, State agencies. (Sec. 109) Amends the IRC to repeal the prohibition against assessment of unpaid FUTA taxes. Title II: Unemployment Trust Fund Accounts - Amends title IX (Employment Security Administrative Financing) of the Social Security Act (SSA) to establish in the Unemployment Trust Fund (the Fund): (1) a State Employment Security Administration Account (State ESAA) for each State; (2) a Supplemental Employment Security Administration Account (Supplemental ESAA) for the administration of employment security programs, under FUTA and SSA titles IX and III (Grants to States for Unemployment Compensation Administration), by States whose average civilian labor force populations number less than one million; and (3) the Secretary of Labor Employment Security Administration Account (Labor Secretary ESAA) for the Secretary to carry out administrative duties under such SSA and FUTA provisions. Makes appropriations to the Fund for credit to such accounts according to specified formulas. (Sec. 201) Authorizes to be made available from State ESAAs, upon State request and subject to appropriation by the legislative body of each State, in addition to amounts otherwise appropriated by the Congress, special administrative funds for: (1) determining whether individuals claiming unemployment compensation under conforming State laws are available to accept suitable work and have not refused suitable work as prescribed by the State unemployment law; (2) job search and placement services to individuals claiming unemployment compensation benefits and other job seekers including counseling, testing, occupational and labor market information, assessment, and referral to employers; (3) appropriate recruitment services and special technical services for employers; and (4) collection of the FUTA tax imposed under IRC. (Sec. 202) Amends SSA title IX to repeal authority for the Employment Security Administration Account (the ESAA) in the Unemployment Trust Fund. (Sec. 203) Authorizes, for FY 2004 and thereafter, certain administrative expenditures from State ESAAs for: (1) State administration of unemployment compensation laws; (2) public employment services under the Wagner-Peyser Act; (3) certain veterans' programs; (4) collection of amounts due under FUTA; and (5) administration of statistical programs essential for development of estimates of the gross domestic product and other national statistical series, including those related to employment and unemployment. Provides for such expenditures upon State request, subject to appropriation by the State legislative body, in amounts up to 140 percent of the amount appropriated to the State agency from Federal employment security funds for the previous fiscal year. Authorizes $5 million out of the Supplemental ESAA for each of FY 2000 through 2003 for expenditures by States whose average civilian labor force populations number less than one million, for: (1) determining whether individuals claiming unemployment compensation under conforming State laws are available to accept suitable work and have not refused suitable work as prescribed by the State unemployment law; (2) job search and placement services to individuals claiming unemployment compensation benefits and other job seekers including counseling, testing, occupational and labor market information, assessment, and referral to employers; and (3) appropriate recruitment services and special technical services for employers. Authorizes, for FY 2004 and thereafter, expenditures out of the Supplemental ESAA by States whose average civilian labor force populations number less than one million, for the same administrative purposes for which expenditures from State ESAAs are authorized. Establishes the Council of States with Lesser Populations to determine the allocation methodology for and to allocate such amounts from the Supplemental ESAA, subject to appropriation by the legislative body of each State. Authorizes, for FY 2004 and thereafter, expenditures from the Secretary of Labor ESAA, in amounts up to 140 percent of that appropriated for the prior year, for the Department's performance of functions for the same administrative purposes for which expenditures from State ESAAs are authorized, plus: (1) establishment and maintenance of the employment security system under the Wagner-Peyser Act; and (2) payments of the Federal share of annual amortization costs of the unfunded liability for the State employment security agencies with independent retirement plans as determined by the Secretary. Directs the Secretary of the Treasury, for FY 2004 and thereafter, to pay from the Labor Secretary ESAA into the Treasury the amount determined by the Secretary of Labor to be allocated to the Department of the Treasury to cover its costs for performing its functions under: (1) SSA titles III (Unemployment Insurance), IX (Employment Security), and XII (Advances to State Unemployment Funds), including the expenses of banks for servicing unemployment benefit payment and clearing accounts which are offset by the maintenance of balances of Treasury funds with such banks; (2) FUTA; and (3) any Federal unemployment compensation law with respect to which responsibility for administration is vested in the Secretary of Labor. (Sec. 204) Provides for transfer of amounts attributable to reduced credits to State ESAAs. (Sec. 205) Provides for advances from a revolving fund within the Federal Unemployment Account (FUA) to State ESAAs. (Sec. 206) Provides for treatment of excess amounts in State ESAAs. (Sec. 207) Requires that excess amounts in the Federal Unemployment Account (FUA) be transferred to State ESAAs according to a State allocation formula. (Sec. 208) Repeals a reporting requirement relating to transfers between FUA and the ESAA. (Sec. 209) Terminates Extended Unemployment Compensation Account (EUCA). Transfers at the end of FY 2003: (1) excess EUCA amounts to State ESAAs, according to a specified formula; and (2) the remaining EUCA balance to the Unemployment Compensation Benefits Accounts of the States in the Fund, with specified exceptions where a State is ineligible. (Sec. 210) Provides for treatment of amounts elected by ineligible States. (Sec. 211) Revises SSA requirements relating to State use of certain funds (known as Reed Act funds) transferred to a State unemployment benefit account. (Sec. 212) Revises SSA provisions for the Unemployment Trust Fund (the Fund). Requires deposit into: (1) the State's Unemployment Compensation Benefit Account (UCBA) of contributions and payments in lieu of contributions under the State law; (2) the State ESAA of State agency collections under FUTA and of certain other transfers or deposits under SSA and FUTA; and (3) the Transition ESA of IRS collections under FUTA after January 1, 2000. (Sec. 213) Provides as separate book accounts in the Fund: (1) the Transition ESA; (2) each State UCBA; (3) each State ESAA; (4) the Supplemental ESAA; (5) the Labor Secretary ESAA; (6) the FUA; (7) the Railroad Unemployment Insurance Account; and (8) the Railroad Unemployment Insurance Administration fund. Establishes within the Fund an Employment Security Transition Account (Transition ESA) to: (1) receive IRS collections under FUTA; and (2) transfer such moneys to other specified accounts within the Fund. (Sec. 214) Revises SSA requirements for payments to State agencies and to the Railroad Retirement Board. (Sec. 215) Repeals provisions for the Extended Unemployment Compensation Account (EUCA). Sets forth the terms of transfer of EUCA funds to State UCBAs. (Sec. 216) Amends SSA title IX to repeal interfund borrowing authority with respect to the ESAA, FUA, EUCA, and other Federal accounts. Title III: Grants to States for Employment Security Administration - Repeals requirements for use and payments of specified available funds to assist States in administering their unemployment compensation laws, under SSA title III (Grants to States for Unemployment Compensation Administration). (Sec. 302) Revises requirements relating to: (1) certification of State laws; (2) limitations on use of State UCBA funds; and (3) proper use of administrative funds, and replacement of such funds expended for other purposes. (Sec. 303) Provides that States shall not be required to comply with the Secretary of Labor's interpretations of methods of administration requirements under SSA title III, if such interpretations impose additional administrative burdens on them, unless the Congress enacts legislation approving such an interpretation. Title IV: Extended Unemployment Compensation Act of 1998 - Extended Unemployment Compensation Act of 1998 - Amends the Employment Security Amendments of 1970 to revise the title II Extended Unemployment Compensation Program (currently the Federal-State Extended Unemployment Compensation Act of 1970), as of November 1, 2003. (Sec. 401) Includes such extended compensation program among State law requirements under FUTA. Requires the State law to establish within the State UCBA an extended compensation account for each eligible individual who files. Deems State laws certified as meeting requirements of the Federal-State Extended Unemployment Compensation Act on October 31, 1999, as meeting certification requirements under this title (EUCA98) for the year ending October 31, 2000, as long as the State law is not amended so as to conflict with the requirements of this title. Sets forth extended unemployment compensation program requirements for the extended benefit period, on-and-off-indicators, rate of insured unemployment, and covered employment. Title V: Federal Employment Security Service - Amends the Wagner-Peyser Act (WPA) to direct the U.S. Employment Security Service (USESS), as of October 1, 1999, to assist in coordinating public employment services throughout the country and assure that the requirements of SSA titles III and IX and of FUTA are met. (Eliminates current functions of the USESS as of such date.) (Sec. 503) Revises WPA requirements for: (1) transfer of USESS property to States; and (2) State use of public employment service funds. (Sec. 504) Repeals, as October 1, 2003, WPA provisions for: (1) Federal appropriations authority; (2) Federal use of funds; (3) State and Federal planning, fiscal controls, and accounting procedures; (4) the Secretary's authority to make rules and establish performance standards; and (5) authorization of appropriations to the Secretary to provide funds for reimbursable agreements with the States to operate certain statistical programs for estimates of gross national product and other national statistical series, including those related to employment and unemployment. Title VI: Advances to State Unemployment Compensation Benefit Accounts - Amends SSA title XII (Advances to State Unemployment Funds) to revise requirements for: (1) transfers from the Federal Unemployment Account (FUA) to State UCBAs; (2) State use of such transferred funds; (3) determination of the interest rate on such advances to States; and (4) repayable advances to FUA. Title VII: Conforming Amendments - Makes conforming amendments to the Balanced Budget Act of 1997 (Public Law 105-33) and the Taxpayer Relief Act of 1997 (Public Law 105-34).
United States · United States Congress · 1 April 1998
Senior Citizens' Housing Financial Restructuring Act of 1998 - Authorizes the Secretary of Housing and Urban Development, with the consent of the owner, to convert certain housing projects for the elderly from direct loan financing to rental assistance contract financing. Authorizes related debt forgiveness and section 8 contract cancellation.
United States · United States Congress · 31 March 1998
National Oilheat Research Alliance Act of 1998 - Authorizes the oilheat industry to conduct a referendum through a qualified industry organization among retailers and wholesalers for the creation of a National Oilheat Research Alliance to develop programs concerning oilheat research and development, safety issues, consumer education, and training. Defines industry to include those persons involved in the production, transportation, and sale of oilheat, and in the manufacture and distribution of oilheat utilization equipment, in the United States (but not the ultimate consumers of oilheat). Permits State participation in such Alliance. Prescribes guidelines for Alliance membership and representation. Requires the Alliance to: (1) establish a program coordinating its operation with that of any similar State, local, or regional program; and (2) levy and collect annual assessments on the wholesale sale of No. 1 distillate and No. 2 dyed distillate sufficient to cover Alliance plans and program costs. Empowers the Alliance to bring suit in Federal court to compel compliance with any assessments it levies.
United States · United States Congress · 31 March 1998
TABLE OF CONTENTS: Title I: Health Insurance Bill of Rights Subtitle A: Access to Care Subtitle B: Quality Assurance Subtitle C: Patient Information Subtitle D: Grievance and Appeals Procedures Subtitle E: Protecting the Doctor-Patient Relationship Subtitle F: Promoting Good Medical Practice Subtitle G: Definitions Title II: Application of Patient Protection Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act Title III: Amendments to the Employee Retirement Income Security Act of 1974 Title IV: Application to Group Health Plans Under the Internal Revenue Code of 1986 Title V: Effective Dates; Coordination in Implementation Patients' Bill of Rights Act of 1998 - Title I: Health Insurance Bill of Rights - Subtitle A: Access to Care - Requires any group health plan, or health insurance coverage offered by a health insurance issuer, providing emergency services benefits to cover emergency services furnished: (1) without the need for any prior authorization determination; (2) whether or not the health care provider furnishing such services is a participating health care provider; and (3) without regard to any other term or condition of such coverage (other than exclusion or coordination of benefits, or an affiliation or waiting period, permitted under the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), or the Internal Revenue Code, and other than applicable cost-sharing). Requires such coverage in a manner so that, if the emergency services are provided by a nonparticipating health care provider: (1) the participant, beneficiary, or enrollee is not liable for amounts exceeding the liability that would be incurred if the services were provided by a participating provider; and (2) the plan or issuer pays an amount that is not less than the amount paid to a participating provider for the same services. Prescribes the same coverage for maintenance care or post-stabilization care (subject to certain guidelines) by nonparticipating health care providers. (Sec. 102) Requires a plan or coverage that provides benefits only through participating providers to offer a participant the option to purchase point-of-service coverage for benefits provided by a nonparticipating provider, unless the plan offers the participant: (1) a choice of health insurance coverage through more than one health insurance issuer; or (2) two or more coverage options that differ significantly with respect to the use of participating providers or the networks of such providers that are used. (Sec. 103) Requires any plan and any health insurance issuer to permit each participant, beneficiary, and enrollee to receive: (1) primary care from any participating primary care provider available to accept such individual; and (2) (unless the plan or issuer clearly declares choice limitations) medically necessary or appropriate specialty care, pursuant to appropriate referral procedures, from any qualified participating provider available to accept such individual for such care. (Sec. 104) Requires any plan or issuer that requires or provides for designation of a participating primary care provider to permit a female participant, beneficiary, or enrollee to designate a participating physician who specializes in obstetrics and gynecology as the individual's primary care provider. Prohibits the plan or issuer, in the absence of such a designation, from requiring authorization or a referral by the individual's primary care provider or otherwise for coverage of routine gynecological care (such as preventive women's health examinations) and pregnancy-related services provided by a participating specialist in obstetrics and gynecology to the extent such care is otherwise covered. Permits a plan or issuer to treat the ordering of other gynecological care by such a participating physician as the primary care provider's authorization of such care. Requires the plan or issuer to refer to an available and accessible specialist any participant, beneficiary, or enrollee with a condition or disease of sufficient seriousness and complexity to require treatment by a specialist, and benefits for such treatment are covered. Requires a plan or issuer to refer an individual to a nonparticipating specialist: (1) only if a participating specialist is not available and accessible; and (2) only at no additional cost to the individual. Requires a plan or issuer to have a procedure by which an individual with an ongoing special condition (life-threatening, degenerative, or disabling) may be referred to a specialist who shall be responsible for and capable of providing and coordinating the individual's primary and specialty care, without referral from the individual's primary care provider. Requires standing referrals to a specialist for any condition requiring ongoing specialist care. (Sec. 105) Prescribes requirements for continuity of care for participants, beneficiaries, or enrollees in the event of a termination of a health care provider or of the contract between a plan and an issuer. (Sec. 106) Prescribes requirements for participation in approved clinical trials of individuals with life-threatening or serious illnesses for which no standard treatment is effective. Prohibits denial of participation in such trials, or discrimination against participants. Limits plan or issuer payments to routine patient costs. (Sec. 107) Requires any plan or issuer that provides prescription drug benefits limited to drugs included in a formulary to: (1) ensure participation of participating physicians and pharmacists in the development of the formulary; (2) disclose to providers, and upon request to participants, beneficiaries, and enrollees, the nature of the formulary restrictions; and (3) consistent with the standards for a utilization review program, provide for exceptions from the formulary limitation when a non-formulary alternative is medically indicated. Prohibits a plan or issuer from denying coverage of such a drug or device on the basis that the use is investigational, if certain labeling requirements are met. (Sec. 108) Requires each plan and issuer to have (in relation to the coverage) a sufficient number, distribution, and variety of qualified participating providers to ensure that all covered health care services, including specialty services, will be available and accessible in a timely manner to all participants, beneficiaries, and enrollees. Permits inclusion among such providers of federally qualified health centers, rural health clinics, migrant health centers, and other essential community providers located in the service area. Requires inclusion of such providers if necessary to meet such number, distribution, and variety requirements. (Sec. 109) Prescribes nondiscrimination requirements. Subtitle B: Quality Assurance - Directs each plan and issuer to establish an ongoing, internal quality assurance and continuous quality improvement program meeting specified requirements. (Sec. 112) Requires each plan and issuer to: (1) collect uniform quality data, including a minimum uniform data set specified by the Secretary of Health and Human Services; (2) have a written process for the selection of participating health care professionals, including minimum professional requirements; and (3) establish and maintain, as part of any internal quality assurance and continuous quality improvement program including prescription drug benefits, a drug utilization program which encourages appropriate drug use and takes appropriate action to reduce the incidence of improper drug use and adverse drug reactions and interactions. (Sec. 115) Requires each plan and issuer to conduct (or arrange for qualified outside agents to conduct) benefit utilization review activities only in accordance with a utilization review program that meets certain requirements. Prohibits a program from permitting or providing contingent compensation arrangements with its employees, agents, or contractors in a manner that: (1) provides incentives, direct or indirect, for such persons to make inappropriate review decisions; or (2) is based, directly or indirectly, on the quantity or type of adverse determinations rendered. Requires a utilization review program to make determinations and notifications concerning: (1) prior authorization services within three business days after receiving any necessary information; (2) authorization for continued or extended health care services within one business day after receipt of such information; and (3) retrospective review of services previously provided, within 30 days of such receipt. (Sec. 116) Directs the President to establish an advisory board to provide information to Congress and the administration on issues relating to quality monitoring and improvement in the health care provided under group health plans and health insurance coverage. Subtitle C: Patient Information - Specifies benefits, access, emergency coverage, prior authorization, grievance and appeals, and other pertinent information which plans and issuers shall provide to participants and beneficiaries at the time of initial coverage, annually, within a reasonable period before or after the date of significant changes, and upon request. (Sec. 122) Requires plans and issuers to establish procedures to: (1) safeguard the privacy of any individually identifiable enrollee information; (2) maintain records and information in an accurate and timely manner; and (3) assure individuals timely access to such records and information. (Sec. 123) Provides for grants to States for creation and operation of a Health Insurance Ombudsman. Requires any State receiving such a grant to contract for such an Ombudsman with a not-for-profit organization that operates independent of group health plans and health insurance issuers. Requires the Secretary to provide through such a contract for an Ombudsman in any State that does not provide for one. Makes such an Ombudsman responsible to: (1) assist consumers in choosing among health insurance coverage or among coverage options offered within group health plans; and (2) provide counseling and assistance to enrollees dissatisfied with their treatment by issuers and plans, and with respect to grievances and appeals of coverage or plan determinations. Subtitle D: Grievances and Appeals Procedures - Requires each plan and issuer to establish a system for the presentation and resolution of oral and written grievances brought by participants, beneficiaries, or enrollees, or health care providers or other individuals acting on behalf of an individual and with the individual's consent. Requires the system to include grievances regarding access to and availability of services, quality of care, choice and accessibility of providers, network adequacy, and compliance with the requirements of this title. (Sec. 132) Requires each plan and issuer to establish an internal appeals process, and provide for an external appeals process, which meet certain requirements. Specifies the appeal rights of participants, beneficiaries, and their representatives, as well as the kinds of decisions which are appealable. Subtitle E: Protecting the Doctor-Patient Relationship - Prohibits any contract or agreement between a plan or issuer and a health care provider from: (1) prohibiting or restricting the provider from engaging in medical communications with the provider's patient; or (2) containing any provision purporting to transfer to the health care provider by indemnification or otherwise any liability relating to activities, actions, or omissions of the plan, issuer, or agent (as opposed to the provider). Declares null and void any such contract or agreement provisions. (Sec. 142) Prohibits any plan or issuer from operating any physician incentive plan that does not meet certain requirements under title XVIII (Medicare) of the Social Security Act. (Sec. 143) Requires any plan or issuer to establish reasonable procedures relating to the participation of health care professionals, including notice of participation rules, written notice of adverse participation decisions, and a process for appealing adverse decisions. (Sec. 144) Prohibits a plan or an issuer from retaliating against a participant, beneficiary, enrollee, or health care provider based on use of, or participation in, a utilization review or a grievance process. Prohibits a plan or an issuer from retaliating or discriminating against a protected health care professional because the professional in good faith: (1) discloses information relating to the care, services, or conditions affecting one or more participants, beneficiaries, or enrollees to an appropriate public regulatory agency, private accreditation body, or management personnel of the plan or issuer; or (2) initiates, cooperates, or otherwise participates in an investigation or proceeding by such an agency with respect to such care, services, or conditions. Defines good faith action. Subtitle F: Promoting Good Medical Practice - Prohibits a plan or issuer from arbitrarily interfering with or altering the decision of the treating physician regarding the manner or setting in which particular covered services are delivered if they are medically necessary or appropriate for treatment or diagnosis. Allows a plan or issuer to limit the delivery of services to one or more providers within a network. (Sec. 152) Prescribes standards for benefits for certain breast cancer treatments. Prohibits a plan or issuer from restricting benefits for any hospital length of stay: (1) in connection with a mastectomy to less than 48 hours; or (2) in connection with a lymph node dissection for the treatment of breast cancer to less than 24 hours. Prohibits a plan or issuer from requiring a provider to obtain its authorization for prescribing any such length of stay. Permits a discharge before expiration of the minimum length of stay otherwise required, if the decision is made by the attending provider in consultation with the woman involved, or in a case involving a partial mastectomy without lymph node dissection. Prohibits a plan or issuer from: (1) denying to a woman eligibility to enroll or renew coverage solely for the purpose of avoiding the requirements of this title; (2) providing monetary payments or rebates to encourage women to accept less than the minimum protections available under this title; (3) penalizing or otherwise reducing or limiting reimbursement because an attending provider gave care to a participant or beneficiary in accordance with this title; (4) providing incentives (monetary or otherwise) to induce an attending provider to provide care to a participant or beneficiary in a manner inconsistent with this title; or (5) restricting benefits (other than imposing deductibles, coinsurance, or other cost-sharing) for any portion of a period within a required hospital length of stay in a manner less favorable than the benefits provided for any preceding portion of such stay. (Sec. 153) Requires a plan or issuer to provide coverage for reconstructive breast surgery resulting from a mastectomy, including coverage: (1) for all stages of reconstructive breast surgery performed on a nondiseased breast to establish symmetry with the diseased when reconstruction on the diseased breast is performed; and (2) of prostheses and complications of mastectomy, including lymphedema. Prohibits denial of coverage on the basis that it is for cosmetic surgery. Subtitle G: Definitions - Sets forth definitions. Title II: Application of Patient Protection Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act - Amends the Public Health Service Act to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 202) Requires each health insurance issuer to comply with such requirements with respect to individual health insurance coverage. Title III: Amendments to the Employee Retirement Income Security Act of 1974 - Amends ERISA to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 302) Provides that nothing in ERISA shall be construed to invalidate, impair, or supersede any cause of action under State law to recover damages resulting from personal injury or wrongful death against any person (except employers and other plan sponsors): (1) in connection with the provision of insurance, administrative services, or medical services by that person to or for a group health plan; or (2) that arises out of the arrangement by that person for the provision of insurance, administrative services, or medical services by other persons. Allows such an action against an employer or other plan sponsor only if it is based on the employer's or sponsor's exercise of discretionary authority to decide a claim for covered benefits, and such exercise resulted in personal injury or wrongful death. Title IV: Application to Group Health Plans Under the Internal Revenue Code of 1986 - Amends the Internal Revenue Code to require a group health plan to comply with this Act. Deems this Act to be incorporated into the Internal Revenue Code. Title V: Effective Dates; Coordination in Implementation - Sets forth effective dates for provisions of this Act. (Sec. 502) Amends the Health Insurance Portability and Accountability Act of 1996 to provide for coordination in the implementation of this Act.
United States · United States Congress · 27 March 1998
Protecting American Small Business Trade Act of 1998 -Provides that any person who has entered into a contract, license, or other agreement (contract) with a foreign entity before July 1, 1985, that contains a provision to settle any controversy by arbitration shall not be barred from bringing an action in any court of competent jurisdiction in the United States, including any Federal or State court, or from seeking appropriate relief from any U.S. agency to resolve any controversy. Requires actions to be brought under this Act within 180 days after its enactment.
United States · United States Congress · 27 March 1998
Amateur Radio Spectrum Protection Act of 1998 - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC), after July 1, 1998, from making any reallocations of amateur radio service (ARS) frequency bands, diminishing the secondary allocations of such bands to ARS, or making additional allocations within such bands that would substantially reduce their utility to ARS, unless at the same time the FCC provides equivalent replacement spectrum to ARS.
United States · United States Congress · 26 March 1998
Medicare Home Health Equity Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to provide for: (1) restoration of the per visit cost limit to 112 percent of the mean of costs with regard to payments to home health agencies under Medicare; and (2) revision of the interim payment system for home health services.
United States · United States Congress · 25 March 1998
Declares that the Congress: (1) encourages State and Federal agencies to use federally sponsored research to develop education programs to raise the awareness of health professionals and the public about the dangers of sleep deprivation; (2) calls for additional Federal research that would lead to proper diagnosis and treatment of sleep disorders; (3) urges Federal agencies to help facilitate the education of primary care practitioners in the proper diagnosis and treatment of such disorders; and (4) supports educational programs for researchers, accident investigators, and law enforcement officials to identify transportation and workplace accidents caused by or related to fatigue or sleep deprivation.
United States · United States Congress · 24 March 1998
Expresses the sense of the Congress that substantial amounts of the proceeds received by the United States under any congressionally approved tobacco settlement should be allocated to the Department of Veterans Affairs.
United States · United States Congress · 19 March 1998
Authorizes the President to present, on behalf of the Congress, a gold medal to Gerald and Betty Ford in recognition of their dedicated public service and outstanding humanitarian contributions to the people of the United States. Authorizes appropriations. Authorizes the Secretary of the Treasury to strike and sell duplicate medals in bronze. Declares such medals to be national medals.
United States · United States Congress · 12 March 1998
Airport Safety Act - Directs the Secretary of Transportation to issue regulations requiring sponsors of airports to install, over a ten-year period, enhanced visual technologies (laser guidance, ultraviolet guidance, and cold cathode technologies) to replace or enhance conventional landing light systems. Amends Federal aviation law to include the installation of such technologies at airports as an activity eligible for airport development project funds.
![Official portrait of Rep. Traficant, James A., Jr. [D-OH-17]](https://www.congress.gov/img/member/t000350_200.jpg)