United States · United States Congress · 17 March 1998
TABLE OF CONTENTS: Title I: Healthy Kids Trust Fund Subtitle A: General Provisions Subtitle B: Payments Title II: FDA Jurisdiction Over Tobacco Products Title III: Youth Smoking Reduction Targets and Incentives to Reduce Youth Smoking Rates Title IV: Tobacco Transition Assistance for Producers, Communities, and Other Persons Title V: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title VI: Public Health and Other Programs Subtitle A: Research Programs Subtitle B: Education and Prevention Programs Subtitle C: Miscellaneous Programs Title VII: Liability Protection; Consent Decrees; National Protocol Subtitle A: Liability Protection and Attorney Fees Subtitle B: Consent Decrees Subtitle C: National Tobacco Control Protocol Title VIII: Miscellaneous Provisions Title IX: Provisions Relating to Native Americans Title X: Tobacco Asbestos Trust Healthy Kids Act - Title I: Healthy Kids Trust Fund - Subtitle A: General Provisions - (Sec. 101) Establishes the Health Enhancement and Lowered Tobacco Hazards for Young Kids Trust Fund (HEALTHY Kids Trust Fund) (Fund). Appropriates to the Fund the initial payment under section 102 of this Act and 75 percent of annual assessments under section 102, fines or penalties under section 103, and amounts repaid or recovered under title III. Authorizes appropriations to the Fund as repayable advances. Makes specified percentages of Fund amounts available without further appropriation for carrying out provisions of this Act, for the Hospital Insurance Trust Fund, and for reducing the Federal debt subject to limit. Excludes amounts for the Hospital Insurance Trust Fund and the debt from consideration for the Emergency Deficit Control Act of 1985, the Congressional Budget Act of 1974, and House Concurrent Resolution 67 of the 104th Congress. (Sec. 102) Requires each tobacco product manufacturer (including repackers, labelers, and relabelers) to make an initial payment to the Fund based on that manufacturer's stock market capitalization as compared to the average stock market capitalization of all manufacturers. Mandates subsequent annual payments by each manufacturer based on that manufacturer's gross domestic tobacco sales during the year. Provides for floor stock treatment. Makes the initial capitalization-based payment and any penalties under title III not tax deductible. Amends the Federal bankruptcy code regarding the priority of unsecured Federal claims for payments, assessments, or penalties to be paid into the Fund. Prohibits manufacturers from using any liability insurance to make payments into the Fund. Mandates regulations regarding placing a Healthy Kids Stamp on each tobacco product package for which an assessment has been paid. Exempts a manufacturer who has consent decrees with more than 25 States before 1998 from the initial payment and certain portions of annual payments. (Sec. 103) Establishes a tobacco manufacturer licensing program. Requires a manufacturer or importer to be licensed to manufacture, distribute, or import tobacco products and to be eligible for protections under subtitle A of title VII. Mandates, for assessment nonpayment, manufacturer and importer license ineligibility and license revocation or suspension. (Sec. 104) Imposes a minimum monetary penalty for noncompliance with section 102. Subtitle B: Payments - Chapter 1: To States - Requires that funds under section 101 be made available to: (1) reimburse each eligible State for State expenditures under title XIX (Medicaid) of the Social Security Act for the treatment of individuals with tobacco-related conditions or any other State expenses incurred in providing treatment for tobacco-related conditions; and (2) provide funds to local governments. Requires States, in order to receive the funds, to: (1) agree to resolve any State civil action against a tobacco manufacturer, distributor, or retailer; and (2) submit a plan regarding payments to local governments. Prohibits the Secretary from approving a State plan unless the Secretary makes an explicit written finding that local entities will receive an equitable portion. Chapter 2: Federal Health Programs - Establishes the National Institutes of Health Trust Fund for Health Research (Research Fund), transferring to it amounts made available under section 101. Sets forth the portions of Research Fund amounts to be used for specified purposes. Chapter 3: Investments for Children - Requires use of amounts under section 101: (1) working through the Child Care and Development Block Grant Act of 1990, to improve child care, early childhood development, school-aged care, parent education and supportive services, health services, and services for children with disabilities; and (2) for grants to State and local educational agencies to train, recruit, and hire elementary school teachers, thus reducing average class size for certain grades. Requires States to ensure that: (1) teachers are qualified; and (2) when qualifications are temporarily waived, unqualified teachers are not disproportionately employed in high poverty schools. (Sec. 133) Amends Medicaid provisions regarding presumptive eligibility for children to include in the definition of "qualified entity" elementary or secondary schools, child care resource and referral agencies, agencies and contractors under title IV, part A (Temporary Assistance for Needy Families) (TANF) of the Social Security Act, Medicaid agencies, certain public housing agencies and contractors, and agencies authorized to determine child eligibility for health assistance under title XXI (Children's Health Insurance) of the Social Security Act. Modifies requirements regarding certain Medicaid expenditures that are counted against individual State allotments. Makes eligible for Medicaid children lawfully present in the United States who would, but for specified provisions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (relating to a five-year means-tested public benefit waiting period), be eligible under other provisions. Allows a State to include such children in the term "targeted low-income child." Makes the above amendments of this section effective as if they had been included in the Balanced Budget Act of 1997. Authorizes an increase in the Federal medical assistance percentage to reward a State for certain increases in the number of Medicaid-enrolled children. (Sec. 134) Mandates a demonstration project providing for payment under title XVIII (Medicare) of the Social Security Act of routine patient care costs that are provided to an individual with cancer and enrolled in Medicare as part of the individual's participation in a clinical trial and that are not otherwise eligible for Medicare payment. Requires use of amounts available under section 101 to carry out this section. Title II: FDA Jurisdiction Over Tobacco Products - Deems specified regulations to have been promulgated under the Federal Food, Drug, and Cosmetic Act (FDCA) as amended by this title. (Sec. 203) Amends the FDCA to include nicotine in tobacco products in the definition of "drug" and tobacco product delivery components in the definition of "device." Authorizes regulation of any tobacco product as a drug, device, or both. Deems tobacco misbranded if it: (1) states or implies that it presents a reduced health risk unless the product will achieve the best public health result; or (2) violates the FDCA or its regulations. Makes noncompliance with specified provisions added to the FDCA by this Act a prohibited act under the FDCA. Makes provisions preempting State and local requirements inapplicable to tobacco product devices. (Sec. 204) Exempts tobacco products from device Class II special controls if the Secretary of Health and Human Services finds that special controls will achieve the best public health result. Declares that, for the purposes of listed provisions, the safety and effectiveness of a tobacco product device need not be found if the action to be taken under any such provision would achieve the best public health result. Authorizes a tobacco product recall if the best public health result would be achieved. (Sec. 205) Establishes the Scientific Advisory Committee to assist the Secretary, examine the effects of tobacco product nicotine yield level alteration, examine whether there is a nicotine threshold below which dependence is not produced, and review other safety, dependence, or health issues regarding tobacco products. Authorizes the Secretary to adopt a tobacco product performance standard regardless of whether the product has been classified under device classification provisions. Allows the standard to include: (1) reduction or elimination of nicotine; or (2) reduction or elimination of other constituents. Authorizes the Secretary to require that a manufacturer test, report, and disclose tobacco and tobacco smoke constituents, including in labeling and advertising. Requires manufacturers to annually submit: (1) an ingredient list for each brand it manufactures; and (2) a safety assessment for each new ingredient it desires to make a part of the product, with current ingredients receiving a safety assessment within five years after enactment of this Act. Requires that the safety assessment demonstrate that the ingredient will not present any risk to consumers or the public in the intended quantities. Mandates regulations to prohibit any ingredient if: (1) no safety assessment has been submitted as required; or (2) the Secretary finds that safety has not been demonstrated. Requires tobacco product packages to disclose: (1) all ingredients; and (2) the percentages of domestic and foreign tobacco. Authorizes the Secretary to require disclosure of an ingredient that relates to a trade secret if the Secretary determines that the disclosure will promote the public health. Mandates specified warnings and related symbols on cigarette and smokeless tobacco packages and advertising. Preempts related State or local requirements. Declares that nothing in this paragraph relieves any person from liability to any other person at common law or under State statutory law. Makes it unlawful to advertise tobacco products on electronic communications subject to Federal Communications Commission jurisdiction. Directs the Secretary to restrict the access of minors to tobacco products. Requires States, in order to receive amounts under section 111 of this Act, to have a program meeting or exceeding the requirements of the model State program under which a retailer would be required to obtain a State or local license to distribute tobacco products. Includes in minimum model program requirements: (1) licensing fees to defray program administration; (2) prohibiting retail distribution without a license; (3) prohibiting distribution to minors; (4) monetary penalties for violations; and (5) suspension and revocation for repeated distribution to minors or violation of State or local law. Provides for specified penalties for distribution to minors, including penalties imposed on employees of retailers, minors (including loss of driving privileges), and retailers. Authorizes enforcement grants to States. Authorizes the Secretary to enforce the prohibition of distribution to minors. Declares that the provisions of this paragraph do not preempt State or local laws providing greater restrictions than these provisions. Mandates a Federal tobacco licensing program regarding military installations, U.S. embassies, Federally-owned facilities, duty-free shops, and any other Federal entity or Federal property. Treats an Indian tribe or tribal organization as a State for applying and enforcing the provisions of this paragraph regarding Indian reservations. Requires each manufacturer to submit to the Secretary each document in the manufacturer's possession: (1) relating to tobacco-caused health effects in humans or animals (including addiction), control of nicotine, tobacco sale or marketing, or research involving safer tobacco products; or (2) produced, or ordered to be produced, in any health-related civil or criminal proceeding, including attorney-client and other documents produced, or ordered to be produced, for in camera inspection. Directs the Secretary to make the documents available to the public. Exempts from public disclosure trade secrets and attorney-client privilege materials unless the Secretary determines disclosure is necessary to promote the public health. Authorizes any individual to begin a civil action: (1) against any person allegedly in violation of these provisions; or (2) against the Secretary or the Commissioner of Food and Drugs for alleged failure to perform as required. Prohibits regulations having the effect of placing burdens on tobacco producers in excess of the burdens generally placed on other agricultural commodity producers. Declares that any authority granted to the Secretary for regulation of any tobacco product as a drug or device is not intended to include the authority to make regulations applicable to persons who grow or cure raw tobacco. Repeals the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986. Title III: Youth Smoking Reduction Targets and Incentives to Reduce Youth Smoking Rates - Mandates an annual survey of the percentage of individuals under 18 (and the percentage of each ethnic group of such individuals) who identify each manufacturer's tobacco product as the usual product used. (Sec. 303) Requires annual determinations of whether the required percentage reduction in underage tobacco use has been achieved. Specifies the required reductions in cigarette and smokeless tobacco products. (Sec. 304) Mandates individual manufacturer monetary penalties if targets are not met for a year. Multiplies the penalties for consecutive failure years. Requires regulations to prohibit the sale of single packs of a manufacturer's tobacco products in cases of repeated noncompliance with required reductions and to require generic packaging in severe repeated noncompliance. Authorizes regulations requiring reductions in the use of other tobacco products by individuals under 18, including manufacturer monetary penalties for reduction failures. Title IV: Tobacco Transition Assistance for Producers, Communities, and Other Persons - Requires each cigarette manufacturer to purchase a minimum quantity of Flue-cured tobacco and Burley tobacco grown in the United States as determined under specified provisions. Authorizes, for a failure to make the minimum purchases, a monetary penalty and a prohibition of further sales until the penalty is paid. Requires penalty deposit in the No Net Cost Tobacco Fund of, or the No Net Cost Tobacco Account for, the producer-owned cooperative marketing associations handling the domestic tobacco that is the subject of the shortage producing the collection. (Sec. 402) Establishes the Tobacco Transition Trust Fund and transfers to it amounts available under section 101. Authorizes appropriations to the Fund as repayable advances as necessary for Fund expenditures. Makes the Fund available for: (1) transition payments to tobacco quota holders and quota lessees to compensate for lost crop value resulting from reduced demand for tobacco; (2) economic development assistance to producing communities; (3) producer, factory worker, and warehousemen retraining; (4) producer scholarships; (5) tobacco crop insurance; and (6) administrative costs of the Secretary of Agriculture associated with a tobacco price support program. Makes those amounts available only if a law is enacted by January 1, 2000, specifically prescribing Fund authorized uses, but allows administration of a price support program if all administrative costs are paid from the Fund. Declares that this title constitutes budget authority in advance of appropriations Acts. Terminates the authority of this title unless such a prescribing law is enacted. Title V: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Amends the Occupational Safety and Health Act of 1970 to require the responsible entity for each non-residential public building (regularly entered by at least ten individuals at least one day per week (except certain types of facilities)) to implement a smoke-free environment policy. Allows designated smoking areas meeting specified requirements. Sets forth special rules for: (1) schools and other facilities serving children; and (2) public transportation. Requires States, in order to receive funds under this Act, to demonstrate enforcement. Title VI: Public Health and Other Programs - Subtitle A: Research Programs - Mandates programs (through grants, contracts, or otherwise) to: (1) promote expanded research concerning specified aspects of tobacco and health; and (2) for the conduct of research on the cultural, social, behavioral, neurological, and psychological reasons that individuals refrain from, begin, continue, or quit using tobacco products. (Sec. 603) Mandates surveillance and evaluation to monitor patterns of tobacco use and determine the effectiveness of various anti-tobacco programs funded under this Act. Requires that funding be made available for the activities under this subtitle. Subtitle B: Education and Prevention Programs - Mandates a program of grants to States for: (1) school-, college-, or university-based education programs concerning tobacco product use dangers; and (2) community-based prevention programs. Requires that funding be made available. Subtitle C: Miscellaneous Programs - Requires a program to reduce tobacco use through national and local media-based (such as counter-advertising campaigns) and nonmedia-based education, prevention, and cessation campaigns. Requires that funding be made available. (Sec. 622) Establishes the National Tobacco Cessation Program. Authorizes grants, contracts, and cooperative agreements. Requires making funding available. (Sec. 623) Establishes a program to provide assistance and compensation to individuals (and entities providing services to individuals) suffering from tobacco-related conditions, targeting uninsured or underinsured individuals who can demonstrate financial hardship. Requires making funding available. (Sec. 624) Authorizes multilateral assistance to foreign countries to assist in reducing and preventing the use of tobacco in foreign countries, focusing on preventing use by minors. Requires making funding available. Establishes in the District of Columbia a private, nonprofit corporation to be known as the American Center on Global Health and Tobacco (ACT). Requires that an International Advisory Council advise ACT. Mandates the annual transfer of a specified amount to carry out this paragraph. Makes ACT and its grantees subject to the oversight and supervision of the Congress. (Sec. 625) Mandates the National Event Sponsorship Program, authorizing grants for the sponsorship of athletic or other social or cultural events that, before enactment of this Act, was provided by a tobacco manufacturer or distributor. Requires making funding available. Terminates the Program ten years after enactment of this Act. (Sec. 626) Requires a program of grants to States to augment existing programs to reduce alcohol and illicit drug use by individuals under 18. Requires making funding available. Title VII: Liability Protection; Consent Decrees; National Protocol - Subtitle A: Liability Protection and Attorney Fees - Requires that, in order to receive funds under section 111, a State resolve any existing, and agree not to start any new, civil claim seeking recovery for expenditures attributable to tobacco-related conditions commenced by the State against a manufacturer, distributor, or retailer and pending at enactment of this Act. Bars the Federal Government from starting any such claim. Prohibits construing these provisions to limit: (1) an individual's right to start a civil claim for past, present, or future conduct by tobacco product manufacturers, distributors, or retailers; or (2) criminal prosecution of tobacco manufacturers, distributors, or retailers. (Sec. 702) Establishes an Arbitration Panel to award attorney's fees and expenses relating to litigation affected by, or legal services resulting in, this Act. Prohibits any Panel award from affecting fee payments required under any provision of this Act. Declares that it is the sense of the House of Representatives that: (1) the legal services in the class actions filed by the Castano Plaintiffs Legal Committee provided public benefits on which the programs in title IV of this Act are modeled; and (2) such programs do not constitute an exclusive remedy for claims based on addiction or dependence on tobacco products. Subtitle B: Consent Decrees - Requires that, in order to receive funds under section 111 a State, and in order to receive liability protections under subtitle A a tobacco manufacturer, enter into consent decrees under this subtitle. Allows a State to qualify with good faith but unsuccessful efforts. Requires that the decrees resolve State actions for claims associated with manufacturer conduct before this Act. Sets forth required terms, conditions, and limitations. Makes the decrees enforceable by the signatories and the Attorney General. Requires, prior to decree entry by a court, that the decrees be: (1) approved by the Secretary and the Attorney General; (2) fair and reasonable; and (3) in the public interest. Subtitle C: National Tobacco Control Protocol - Chapter 1: Establishment - Requires that a tobacco manufacturer, in order to receive liability protections under subtitle A, enter into a National Tobacco Control Protocol with the U.S. Attorney General and the attorney general of each State that does not opt out. Requires that the Protocol be a binding contract embodying the terms of this subtitle and designed to be enforceable in Federal or State courts. Chapter 2: Terms and Conditions - Declares that this chapter is a part of the Protocol. (Sec. 726) Prohibits tobacco advertising: (1) outdoors; (2) except as allowed in this Act, in any arena or stadium where athletic or other social or cultural activities occur; (3) using a human image or cartoon character; (4) on the Internet, unless inaccessible in or from the United States; and (5) subject to exception, at the point of sale. (Sec. 727) Prohibits a manufacturer from using a trade or brand name of a non-tobacco product for a cigarette or smokeless tobacco product, unless in use before 1998. Sets forth situations in which tobacco brand names or other identification indicia may, with prior notice to the Secretary, be used in advertising and labeling. Prohibits payment for the placement of tobacco products in television programs, motion pictures, or videos or on video game machines. Prohibits direct or indirect payment or consideration for promoting tobacco product image or use through print, film, or broadcast media that appeals to individuals under 18 or through a live performance artist that appeals to such individuals. (Sec. 728) Allows, subject to exceptions, tobacco product labeling and advertising to use only black text on a white background. Limits audio (alone or with video) to words only, prohibiting music and sound effects. (Sec. 729) Prohibits: (1) the use of a tobacco product brand name, logo, symbol, motto, selling message, recognizable color or pattern of colors, or any other indicia of product identification on any service or nontobacco item; (2) offering tobacco purchasers any non-tobacco item in consideration of purchase; and (3) manufacturers, distributors, and retailers from sponsoring any athletic or other social or cultural event in which any indicia of product identification is used (but allows sponsorship under the corporate name, if in use before 1995 and if the corporate name does not include any indicia of product identification). Chapter 3: Enforcement - Allows the Attorney General to bring an action for enforcement, or restrain a breach, of the Protocol. Allows restraining orders, orders of specific performance, civil monetary penalties, and (for officers of manufacturers who knowingly violate the Protocol) criminal penalties, including incarceration. Authorizes grants and contracts for State enforcement. Authorizes use of amounts from the HEALTHY Kids Trust Fund and Department of Justice funds for Attorney General enforcement. (Sec. 732) Authorizes the attorney general of a State to bring an action for enforcement, or to restrain a breach, of the Protocol if the alleged violation occurred in that State. Provides for concurrent Federal and State court jurisdiction in such actions. Allows the remedies specified in section 731. (Sec. 733) Authorizes a manufacturer to file an action seeking a declaration of its Protocol rights and obligations. Authorizes any person to bring an action to enforce the Protocol, with any damages remitted to the Treasury. Entitles any manufacturer to intervene as a matter of right in any Federal or State Attorney General enforcement action. Title VIII: Miscellaneous Provisions - Prohibits the use of funds made available by appropriations or otherwise for specified actions, including: (1) promoting the export, reexport, sale, manufacture, advertising, or use of tobacco products to or in a foreign country; or (2) subject to exception, seeking the removal or reduction of any foreign restriction on the importation, export, sale, manufacture, advertising, use, imposition of tariffs, or taxation of tobacco products. (Sec. 802) Prohibits reprisals against a whistleblower employee of any tobacco product manufacturer, distributor, or retailer for disclosing to specified Federal agencies or State or local authorities information regarding a violation of law related to this Act or related State or local laws. Allows the whistleblower to receive a portion of a payment to the Government resulting from the whistleblower's disclosure. (Sec. 803) Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to make it unlawful for any domestic concern, directly or through a foreign subsidiary or affiliate, to use the mails or interstate commerce to contribute to: (1) the foreign sale or distribution of tobacco products to children or the foreign advertising of tobacco products in a way that appeals to children; and (2) the tobacco product export from any country without a package warning label in the primary language or languages of the country of sale or distribution that complies with domestic labeling requirements. Adds the unlawful acts of this section to the FDCA list of prohibited acts and entitles a person who provides information leading to a related criminal conviction to a portion of the criminal fine collected. (Sec. 804) Allows State or local measures to further this Act's purposes not less stringent than the requirements of this Act. Title IX: Miscellaneous Provisions - Declares that the provisions of this Act shall apply to the manufacture, distribution, and sale of tobacco products in any area in tribal or tribal organization jurisdiction, with exceptions for religious practices. Mandates regulations applying the Federal Food, Drug, and Cosmetic Act requirements regarding tobacco products to such areas. Provides for the treatment of tribes and tribal organizations under various provisions of this Act. Prohibits manufacturers from engaging in any activity in such areas that is prohibited under the Protocol. Requires that amounts made available under certain portions of section 101 be provided to the Indian Health Service for anti-tobacco-related consumption and cessation activities. Allows tribes and tribal organizations to: (1) take measures to further this Act's purposes in addition to the requirements of this Act; and (2) have rules or practices providing greater protection from the health hazards of environmental tobacco smoke. Prohibits a State from imposing requirements regarding the application of this Act to Indian tribes and tribal organizations. Title X: Tobacco Asbestos Trust - Establishes the Tobacco Asbestos Trust Fund consisting of amounts appropriated or credited to it under section 102. (Sec. 1002) Transfers to the Fund, without further appropriation, amounts from manufacturer assessments under this section. Authorizes appropriations to the Fund as repayable advances. Directs the Secretary of the Treasury to assess each tobacco manufacturer an amount sufficient to provide the Fund with specified amounts in certain years. (Sec. 1003) Divides the Fund into Fund I and Fund II. Requires that each Fund be established as Qualified Settlement Funds (as permitted by the Internal Revenue Code). Declares that Fund I represents some portion of the amount of smoking-caused harm paid by asbestos trusts and defendants in the past. Requires that Fund I payments be used to provide credits to asbestos trusts and asbestos defendants who settled and paid asbestos claims of persons who had exposure to tobacco, for the sole purpose of making payment to asbestos claimants by Fund I trustees. Declares that the purpose of Fund II is to pay asbestos tobacco claims brought after enactment of this Act for the tobacco-caused portion of the claimant's harm. (Sec. 1004) Declares that no tobacco company shall be liable: (1) in any civil suit for harm caused by exposure to tobacco or exposure to asbestos to any person who receives compensation from Fund II; or (2) to any asbestos trust or defendant who receives credits from Fund I on any claim arising from payments or obligations to asbestos claimants made or incurred before enactment of this Act.
United States · United States Congress · 17 March 1998
Patient Right to Independent Appeal Act of 1998 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require a group health plan, and a health insurer offering group coverage, (and, for the Public Health Service Act, health coverage offered in the individual market) to provide for an external appeals process for certain adverse determinations if the denial or failure: (1) involves a determination that a treatment is experimental; (2) is based on a determination that services are not medically necessary and the amount is over a threshold; or (3) jeopardizes the patient's life or health. Requires that the appeal be conducted under a contract between the plan or issuer and one or more appeal entities unless: (1) for health insurance issuers, the State selects the appeal entity; or (2) for group health plans, the Secretary of Health and Human Services designates the appeal entity. Provides for certification of appeal entities. Amends the Internal Revenue Code to require a group health plan to provide for an external appeals process for certain adverse determinations if the denial or failure: (1) involves a determination that a treatment is experimental; (2) is based on a determination that services are not medically necessary and the amount is over a threshold; or (3) jeopardizes the patient's life or health. Requires that the appeal be conducted under a contract between the plan or issuer and one or more appeal entities unless the Secretary of Health and Human Services designates the appeal entity. Provides for certification of appeal entities. Authorizes the Secretary of Health and Human Services to apply this Act's requirements relating to the Public Health Service Act to entities offering coverage under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to the extent that such requirements provide greater protections for enrollees and do not conflict directly with requirements otherwise imposed by law.
United States · United States Congress · 5 March 1998
Patient Safety and Health Care Whistleblower Protection Act of 1998 - Prohibits retaliation or discrimination against a health care worker because the worker disclosed information, advocated for patients, or initiated, cooperated with, or participated in any governmental investigation or proceeding regarding the care, services, or conditions of a health care entity if: (1) the information is true; and (2) the information disclosed evidences a violation of a law, rule, or professional standard or relates to matters endangering patients, workers, or the public. Prohibits contracts, policies, and procedures restricting the actions for which retaliation or discrimination is prohibited. Declares that these provisions do not protect disclosures violating confidentiality law. Prohibits disclosing the identity of the worker, subject to exception. Provides for enforcement through private civil actions and, for certain willful and repeated violations, criminal penalties. Declares that this Act does not preempt other laws and allows States to enforce laws providing equivalent or greater worker protections.
United States · United States Congress · 4 March 1998
Public School Modernization Act of 1998 - Amends the Internal Revenue Code to revise current incentives for education zones into incentives for qualified public school modernization bonds, including (currently existing) qualified zone academy bonds and (newly established) qualified school construction bonds. Allows a limited tax credit, computed according to a specified formula, to taxpayers holding such public school modernization bonds. Raises the national zone academy bond limitation from $400 million to $1.4 billion for calendar 1999 (and 2000), and eliminates the limitation after 2000. Prescribes requirements for national qualified school construction bonds, with a national limitation of $9.7 billion each for calendar 1999 and 2000 and no limit after 2000.
United States · United States Congress · 26 February 1998
TABLE OF CONTENTS: Title I: International Monetary Fund Title II: New Arrangements to Borrow Title III: Policy Provisions Title IV: Reports to Congress International Monetary Fund Reform and Authorization Act of 1998 - Title I: International Monetary Fund - Amends the Bretton Woods Agreement Act to authorize the U.S. Governor of the International Monetary Fund (IMF) to consent, subject to appropriations, to a specified increase in the U.S. IMF quota of Special Drawing Rights. Title II: New Arrangements to Borrow - Sets forth conforming amendments for Federal participation in new arrangements to borrow. Title III: Policy Provisions - Amends the International Financial Institutions Act to direct the Secretary of the Treasury to instruct the U.S. Executive Director of the IMF to advocate specified policies whose goal, among other things, is to: (1) make the IMF a more effective mechanism for implementation of specified international banking and trade principles; (2) assist the IMF to avoid becoming a lender of last resort for private investors and commercial banks; (3) structure IMF programs and assistance so that recipient governments commit to specified internationally recognized worker rights; (4) structure IMF programs and assistance so as not to exacerbate or precipitate ethnic strife within a recipient country; (5) work with the IMF to adopt appropriate environmental policies supporting macroeconomic stability; and (6) facilitate IMF transparency and accountability. Directs the Secretary to coordinate with other Executive Departments in order to achieve realization of such policies. Conditions Federal funding for the IMF upon establishment of an IMF Advisory Committee within the Department of the Treasury to review individual IMF country programs and advise the Secretary on the extent to which such programs address the policies advocated under this Act. Mandates that each Committee meeting be chaired by the Secretary or the Secretary's designee. Title IV: Reports to Congress - Instructs the Secretary to report semi-annually to the Congress on the status of IMF programs linked to official Federal financing, addressing specified questions.
United States · United States Congress · 26 February 1998
Calls for the Citizens Stamp Advisory Committee to recommend and the Postal Service to issue a commemorative postage stamp honoring the U.S. Submarine Force on its 100th anniversary.
United States · United States Congress · 25 February 1998
Cable Consumer Protection Act of 1998 - Amends the Communications Act of 1934 to extend permanently (currently terminates on March 31, 1999) the authority of the Federal Communications Commission to: (1) determine the reasonableness of cable television programming rates; and (2) in appropriate cases, reduce such rates.
United States · United States Congress · 12 February 1998
Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, to delay from FY 1998 to FY 1999 the effective date of the per beneficiary limits under the interim payment system for home health agencies. Changes from FY 1994 to FY or (at the home health agency's election) calendar 1995 the base year for calculating new payment rates under the system for cost reporting periods beginning on or after October 1, 1998.
United States · United States Congress · 11 February 1998
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2002, the duty on benzoic acid, 2-((1-((2,3-dihydro-2-oxo- 1H-benzimidazol-5-yl) amino).
United States · United States Congress · 11 February 1998
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2002, the duty on 4-((5-(((4- (aminocarbonyl)phenyl) amino) carbonyl)-2-methoxyphenyl)azo)-N-(5- chloro-2,4-dimethoxyphenyl)-3- hydroxynaphthalene-2-carboxamide.
United States · United States Congress · 11 February 1998
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2002, the duty on 1,4- 1,4-benzenedicarboxylic acid, 2-((1-(((2,3-di-hydro-2-oxo-1H-benzimidazol- 5-yl)amino carbonyl)-2-oxopropyl)azo)-, dimethyl ester.
United States · United States Congress · 11 February 1998
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2002, the duty on butanamide, N,N'-(3,3'dimethyl (1,1'-biphenyl)-4,4'-diyl) bis (2-(2,4-dichlorophenyl) azo)-3-oxo.
United States · United States Congress · 11 February 1998
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2002, the duty on butanamide, N-(2,3- dihydro-2-oxo-1H- benzimidazol-5-yl)-3-oxo-2-((2-(trifluoro-methyl) phenyl)azo).
United States · United States Congress · 11 February 1998
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2002, the duty on benzenesulfonic acid, 4-((3-((2-hydroxy- 3-((4-methoxyphenyl) amino) carbonyl)-1-naphtha-lenyl)azo)-4-methylbenzoyl) amino)-, calcium salt (2:1).
United States · United States Congress · 11 February 1998
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2002, the duty on N-(4-(aminocarbonyl) phenyl)-4-((1(((2,3-dihydro-2-oxo-1H-benzimidazol-5-yl)amino) carbonyl)-2- oxopropyl)azo)benzamide.
United States · United States Congress · 11 February 1998
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2002, the duty on butanamide, 2,2'-(1-2,-ethanediylbis (oxy-2,1-phenyleneazo))bis (N-(2,3-dihydro-2-oxo-1H-benzimidazol-5-yl)-3-oxo-.
United States · United States Congress · 11 February 1998
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2002, the duty on benzoic acid, 2-((3-(((2,3-dihydro-2- oxo-1H-1H-benzimidazol-5-yl)amino) carbonyl)-2-hydroxy-1-naphthalenyl) azo)-, butyl ester.
United States · United States Congress · 11 February 1998
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2002, the duty on N-(2,3,-dihydro-2-oxo-1H-benzimidazol- 5-yl)-5-methyl-4- ((methyl amino) sulphonyl) phenyl) azo) naphthalene-2-carboxaminde.
United States · United States Congress · 11 February 1998
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2002, the duty on benzoic acid, 4-(((2,5-dichlorophenyl) amino) carbonyl)-2-((2-hydroxy-3-(((2- methoxyphenyl) amino) carbonyl)-1-naphthalenyl)-, methyl ester.
United States · United States Congress · 11 February 1998
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2002, the duty on butanamide, 2,2'- (3,3'-dichloro (1,1'-biphenyl)-4,4'-diyl)bis(azo))bis(N-2,3-dihydro-2- oxo-1H-benzimidazol-5- yl)-3-oxo.
United States · United States Congress · 11 February 1998
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2002, the duty on benzenesulfonic acid, 4-chloro-2-((5- hydroxy-3-methyl-1-(3-sulfophenyl)-1H-pyrazol-4-yl) azo)-5-methyl-,calcium salt) (1:1).
United States · United States Congress · 4 February 1998
Authorizes the President, on behalf of the Congress, to present a gold medal to Nelson Rolihlahla Mandela in recognition of his life-long dedication to the abolition of apartheid and the promotion of reconciliation among the people of the Republic of South Africa. Directs the Secretary of the Treasury to strike a gold medal and sell duplicates in bronze at a price sufficient to cover the costs of the medals. Declares such medals to be national medals. Authorizes a maximum charge against the United States Mint Public Enterprise Fund to pay for the costs of the medals. Mandates that proceeds from sales of duplicate bronze medals be deposited in such Fund.
United States · United States Congress · 4 February 1998
Expresses the sense of the Congress that national goals should include providing access to affordable housing and expanding home ownership opportunities pursued through policies of tax incentives and private and public sector activities.
United States · United States Congress · 28 January 1998
Protection Against Scams on Seniors Act of 1998 - Directs the Secretary of Health and Human Services, acting through the Assistant Secretary for Aging, to publicly disseminate by specified means in each State certain information designed to educate senior citizens and raise awareness about the dangers of telemarketing fraud. Authorizes appropriations.
United States · United States Congress · 28 January 1998
Amends the Internal Revenue Code to: (1) make the existing dependent care tax credit a refundable credit; (2) increase allowable dependent care expenses; and (3) revise the credit phasedown formula.
United States · United States Congress · 27 January 1998
American Family Fair Minimum Wage Act of 1998 - Amends the Fair Labor Standards Act of 1938 to increase the Federal minimum wage per hour, beginning on September 1 of the years specified, to: (1) $5.65 in 1998; (2) $6.15 in 1999; (3) $6.65 in 2000; and (4) in 2001 and subsequent fiscal years, $6.65 adjusted to reflect increases in the Consumer Price Index for All Urban Consumers.
United States · United States Congress · 27 January 1998
Amends Federal law to require the head of a Federal agency to honor a written statement by the recipient of Federal compensation or retirement payments that the recipient does not wish to receive such payments by electronic funds transfer.
United States · United States Congress · 27 January 1998
Requests that the U.S. Postal Service issue a commemorative postage stamp in 1999 in honor of the 100th anniversary of the founding of the Veterans of Foreign Wars of the United States.
United States · United States Congress · 13 November 1997
Hate Crimes Prevention Act of 1997 - Amends the Federal criminal code to set penalties for persons who, whether or not acting under color of law, willfully cause bodily injury to any person or, through the use of fire, firearm, or explosive device, attempt to cause such injury, because of the actual or perceived: (1) race, color, religion, or national origin of any person; and (2) religion, gender, sexual orientation, or disability of any person, where in connection with the offense, the defendant or the victim travels in interstate or foreign commerce, uses a facility or instrumentality of interstate or foreign commerce, or engages in any activity affecting interstate or foreign commerce, or where the offense is in or affects interstate or foreign commerce. (Sec. 5) Directs the United States Sentencing Commission to study the issue of adult recruitment of juveniles to commit hate crimes and, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements for adult defendants who recruit juveniles to assist in the commission of hate crimes. (Sec. 6) Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice (DOJ) to make grants to State and local programs designed to combat hate crimes committed by juveniles. Authorizes appropriations. (Sec. 7) Authorizes appropriations to the Department of the Treasury and to DOJ to increase the number of personnel to prevent and respond to alleged violations of provisions regarding interference with specified federally protected activities, such as voting.
United States · United States Congress · 13 November 1997
Early Detection of Dyslexia in Children Act of 1997 - Directs the Secretary of Education to study and report to the Congress on methods for identifying and treating children with dyslexia in kindergarten through third grade.
United States · United States Congress · 12 November 1997
TABLE OF CONTENTS: Title I: Amendments to the Public Health Service Act Relating to Tobacco Title II: FDA Jurisdiction Over Tobacco Products Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title IV: Tobacco Market Transition Assistance Subtitle A: Tobacco Quota Buyout Contracts and Producer Transition Payments Subtitle B: No Net Cost Tobacco Program Subtitle C: Tobacco Community Empowerment Block Grants Title V: Miscellaneous Provisions Healthy and Smoke Free Children Act - Title I: Amendments to the Public Health Service Act Relating to Tobacco - Amends the Public Health Service Act to mandate payments to States for the States' expenses for treating tobacco-related illnesses or conditions and for services for children. Makes certain amounts available for specified activities under this Act and its amendments, including: (1) the costs associated with Food and Drug Administration tobacco-related activities; (2) national biomedical and basic scientific research activities and child development and research activities; and (3) assistance and compensation to individuals with tobacco-related illnesses and conditions. Establishes the National Biomedical and Basic Scientific Research Board to make grants and contracts for the expansion of basic and biomedical research and to provide graduate training in that research. Mandates grants or contracts for the conduct and support of research, training, and demonstration projects regarding child health and development. Mandates, to discourage individuals from using tobacco products and to assist quitting: (1) research on methods, drugs, and devices; (2) programs to reduce tobacco use through education, prevention, and cessation campaigns; and (3) programs through the Centers for Disease Control and Prevention. Mandates block grants to States for tobacco use reduction and education activities. Requires a Federal model smoking cessation program and Federal regulations regarding approval of cessation programs and devices. Includes in the allowed uses of block grants activities for the transitional sponsorship of certain activities. Mandates an annual survey on children's tobacco use. Requires each tobacco manufacturer to reduce the number of children using its products by specified percentages in specified years. Imposes a per-unit fee for failing to meet targets. Mandates regulations: (1) prohibiting the sale of tobacco product single packs in cases of repeated noncompliance; and (2) requiring generic packaging in cases of severe repeated noncompliance. Requires fee amounts to be made available: (1) to the National Biomedical and Basic Scientific Research Board for research, training, and demonstration project grants; (2) for healthy child development grants; and (3) for reduction and addiction prevention research grants and grants under the national tobacco usage reduction and education program. Prohibits reprisals against whistleblower employees of tobacco manufacturers, distributors, and retailers. Establishes the National Tobacco Document Depository, requiring that it be open to the public and maintained as a resource for individuals interested in the manufacturers' corporate records and research. Requires manufacturers, the Tobacco Institute, and the Council for Tobacco Research, U.S.A., to provide specified Depository contents. Directs the Judicial Conference of the United States to establish a Tobacco Documents Dispute Resolution Panel to resolve all claims of attorney-client, work product, or trade secrets privilege. Establishes the Tobacco Oversight and Compliance Board to monitor tobacco industry compliance with this Act. Mandates manufacturer submission and Board disclosure of documents: (1) relating to tobacco health effects (including addiction), manipulation or control of nicotine, or the sale or marketing of tobacco products to children; or (2) produced or ordered to be produced by the manufacturer in State of Minnesota v. Philip Morris, Inc. Title II: FDA Jurisdiction Over Tobacco Products - Declares that the Secretary of Health and Human Services, through the Food and Drug Administration, shall have the authority under the Federal Food, Drug, and Cosmetic Act (FDCA) to regulate the manufacture, labeling, sale, distribution, and advertising of tobacco products. (Sec. 203) Amends the FDCA to include nicotine in tobacco products in the definitions of "drug" and "device." Deems tobacco misbranded if it violates the FDCA or its regulations. Requires that tobacco products be classified as Class II devices. Prohibits the Secretary from prohibiting tobacco products under specified provisions. Sets forth tobacco product performance standard requirements. Declares that a tobacco product is a restricted device. (Sec. 204) Establishes the Scientific Advisory Committee to assist the Secretary regarding a performance standard. Allows a standard involving the reduction or elimination of nicotine, other constituents, or harmful components. Mandates regulations: (1) for the testing, reporting, and disclosure of smoke constituents; and (2) limiting cigarette tar. Deems tobacco products misbranded if there are claims (not scientifically proven) of reduced health risk. Requires manufacturers to: (1) notify the Commissioner of Food and Drugs of any technology that would reduce risk; and (2) permit licensing of the technology to other manufacturers. Allows the Commissioner, on determining the technology feasible, to require manufacturers to either manufacture the less hazardous products or license the technology's use by other manufacturers. Requires the Commissioner, if no manufacturer agrees to manufacture less hazardous products, to provide for the manufacture of the products through the Public Health Service. Allows good manufacturing practice regulations, but prohibits placing burdens on tobacco producers in excess of the burdens placed on other agricultural commodity producers. Mandates annual disclosure to the Secretary of tobacco product ingredients (including added substances and nicotine). Requires ingredient safety assessments and prohibits inclusion of current ingredients with disapproved assessments and new ingredients without approved assessments. Provides for public disclosure. Mandates specified warnings on packaging and in advertising of cigarettes and smokeless tobacco products. Declares that this paragraph does not relieve any person from liability at common law or under State statutory law. Exempts exports from warning requirements. Requires specified use statements on cigarettes and smokeless tobacco describing the product as a nicotine delivery device for persons 18 or older. Allows State and local governments to impose additional controls to limit tobacco use by minors. Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Amends the Occupational Safety and Health Act of 1970 to require the responsible entity for each non-residential public building (regularly entered by at least ten individuals at least one day per week (except portions of a building used as a bar, tobacco merchant, designated smoking hotel room, or prison)) to implement a smoke-free environment policy. Allows designated smoking areas meeting specified requirements. Title IV: Tobacco Market Transition Assistance - Subtitle A: Tobacco Quota Buyout Contracts and Producer Transition Payments - Directs the Secretary of Agriculture to offer to enter into: (1) a buyout contract with the owner of a tobacco basic marketing quota; (2) a producer transition payment contract with producers of quota tobacco that were quota lessees or quota tenants; and (3) a producer nonquota transition payment contract with producers of nonquota tobacco. Requires the contracting quota owners to permanently relinquish the quota and producers (quota and non-quota) to permanently refrain from growing tobacco for which a quota program is in effect. Subtitle B: No Net Cost Tobacco Program - Amends the Agricultural Act of 1949 to extend the termination date of a requirement that producers, purchasers, and importers of tobacco for which price support is available pay a nonrefundable marketing assessment to the Commodity Credit Corporation. Requires that payment amounts be sufficient to cover the costs of the administration of certain tobacco quota and price support programs. Subtitle C: Tobacco Community Empowerment Block Grants - Mandates grants to tobacco States to enable the States to: (1) empower tobacco producers and tobacco manufacturing workers by providing economic alternatives to tobacco; and (2) carry out non-tobacco economic development initiatives in tobacco communities. Title V: Miscellaneous Provisions - Declares that it is the sense of the Senate that: (1) the Congress should increase excise taxes on tobacco products; (2) the tax should be indexed; and (3) the tax should not be deductible.
United States · United States Congress · 9 November 1997
Caucasus Peace and Stability Act of 1997 - Declares that it is the policy of the United States to: (1) promote a negotiated settlement of the Nagorno-Karabagh conflict through active participation in the Minsk Group of the Organization for Security and Cooperation in Europe (OSCE); (2) act as an impartial mediator, facilitating direct talks between Nagorno-Karabagh and Azerbaijan, and remain neutral on the status and security issues being negotiated by the parties to the conflict; (3) not take any action that would jeopardize the ongoing efforts of the OSCE Minsk Group to reach a peaceful solution to the conflict; and (4) foster confidence-building measures and help create incentives for peace which will lead to a lasting and equitable long-term settlement of the conflict. Sets forth the following prohibitions and requirements if the Government of Azerbaijan is engaging in armed aggression or renewed use of force against Armenia or Nagorno-Karabagh. Prohibits any U.S. person from operating or investing in Azerbaijan or trading in goods or services from Azerbaijan. Prohibits issuance of a license under the Arms Export Control Act for the export to Azerbaijan of any defense or dual-use article, service, or other technology. Directs the President to instruct the U.S. Executive Director of each international financial institution of which the United States is a member to use the U.S. voice and vote to oppose any loan or other utilization of the funds of the respective institutions to or from Azerbaijan. Authorizes the President to waive such prohibitions or requirements on a case-by-case basis if it is important to the U.S. national interest to do so.
United States · United States Congress · 9 November 1997
United States-Caucasus Policy Act of 1997 - Amends the Foreign Assistance Act of 1961 to authorize specified assistance, including humanitarian, economic, migration and refugee, development, security, and technical assistance, to the countries of the South Caucasus (Armenia, Azerbaijan, and Georgia) and of Central Asia (Kazakstan, Kyrgystan, Tajikistan, Turkmenistan, and Uzbekistan) to: (1) promote sovereignty and independence, democratic government, and respect for human rights; (2) assist in the resolution of regional conflicts and re-opening of closed borders; (3) promote economic cooperation and market-oriented principles; (4) assist in the development of infrastructure necessary for communications, transportation, and energy and trade on an East-West axis in order to build strong relations and commerce between those countries and the democratic, market-oriented countries of the Euro-Atlantic community; and (5) support U.S. business interests and investments in the region. (Sec. 4) Expresses the sense of the Congress that the President should use all diplomatic means to press for an equitable, fair, and permanent resolution to the conflict in Nagorno-Karabakh (Armenia and Azerbaijan) and other regional conflicts. (Sec. 5) Declares the sense of the Congress that the United States should, where appropriate, support the establishment of neutral, multinational peacekeeping forces to implement peace agreements reached between belligerents in the countries of the South Caucasus. Declares the sense of the Congress that the United States should: (1) assist the countries of the South Caucasus to develop laws and regulations that would facilitate the ability of those countries to join the World Trade Organization; (2) provide permanent nondiscriminatory trade treatment (most-favored-nation status) to such countries; and (3) consider the establishment of zero-to-zero tariffs between them and the United States. Declares the sense of the Congress that the U.S. representatives to the World Bank, the International Monetary Fund, and the European Bank for Reconstruction and Development should encourage lending to the countries of the South Caucasus to assist the development of the physical infrastructure necessary for regional economic cooperation. Declares the sense of the Congress that the United States should encourage and assist the development of regional military cooperation among the countries of the South Caucasus through programs such as the Central Asian Battalion and the Partnership for Peace of the North Atlantic Treaty Organization. Declares the sense of the Congress that the Voice of America and Radio Free Europe-Radio Liberty should maintain high quality broadcasting for the maximum duration possible in the native languages of the countries of the South Caucasus. Prohibits, unless important to the U.S. national interest, assistance to such countries if the President determines and certifies to the appropriate congressional committees that they: (1) are engaged in a consistent pattern of gross violations of internationally recognized human rights; (2) have established any border closure or use of an economic blockade; (3) have knowingly transferred controlled missile or missile technology to another country, or any equipment or technology that would contribute to the ability of such country to manufacture weapons of mass destruction (including nuclear, chemical, and biological weapons); (4) have supported acts of international terrorism; (5) are prohibited from receiving such assistance by specified Acts; or (6) have initiated an act of aggression against another state in the region. (Sec. 6) Directs the President to report annually to appropriate congressional committees.
United States · United States Congress · 9 November 1997
Amends the Internal Revenue Code to: (1) increase the low-income State housing credit ceiling amount; and (2) provide for a cost-of-living adjustment for such amount.
United States · United States Congress · 8 November 1997
Elder Care Safety Act of 1997 - Declares that a nursing facility (including a skilled nursing facility), home health agency, or hospice program (covered facility) under the Medicare and Medicaid programs of titles XVIII and XIX of the Social Security Act may not: (1) employ an individual as a nurse or home health aide unless the facility has requested from the State nurse and home health aide registry a background check (including a criminal as well as an abusive work history background check); or (2) continue to employ such an individual if the background check report reveals a conviction of a disqualifying crime. Requires the covered facility to report to such registry documented findings of patient abuse by a nurse or home health aide. Imposes civil penalties upon covered facilities that violate such requirements. Requires the Secretary of Health and Human Services to establish methods by which State nurse and home health registries can pool and share criminal background check summaries and documented findings of patient abuse (national registry coordination system). Requires each State to expand its Medicare and Medicaid nurse aide registry in order to carry out such background checks and other related functions, including reporting of summary information to the national registry coordination system. Sets forth procedures for criminal and abusive work history background checks. Directs the Secretary to: (1) establish a patient abuse prevention and training demonstration project; and (2) report to the Congress recommendations on whether minimum nurse and home health aide personnel-to-patient levels should be required to avoid patient abuse and, if so, the levels for different types of covered facilities. Authorizes appropriations.
United States · United States Congress · 8 November 1997
National Health Service Corps Scholarship Program Incentive Act - Amends the Internal Revenue Code to exclude from gross income scholarship amounts received for certain teaching, research, or other services by an individual under the National Health Service Corps Scholarship Program.
United States · United States Congress · 7 November 1997
Deadbeat Parents Punishment Act of 1997 - Amends Federal criminal law to prescribe criminal penalties (including mandatory restitution) for willful failure to pay child support obligations.
United States · United States Congress · 7 November 1997
Early Hearing Loss Detection, Diagnosis, and Intervention Act of 1997 - Mandates grants or cooperative agreements to: (1) develop statewide hearing loss early detection, diagnosis, and intervention networks; and (2) provide technical assistance to State agencies to complement an intramural program and to conduct applied research related to infant hearing detection, diagnosis, and treatment or intervention. Requires the National Institutes of Health to carry out research on the efficacy of new screening techniques and technology. Mandates coordination and collaboration. Authorizes appropriations.
United States · United States Congress · 7 November 1997
Recognizes the historic significance of the fiftieth anniversary of the reestablishment of the State of Israel. Commends the Israeli people for their achievements in building a new state and a pluralistic democratic society in the Middle East. Reaffirms the bonds of friendship and cooperation between the United States and Israel. Extends congratulations and best wishes to the State of Israel and her people for a peaceful, prosperous, and successful future.
United States · United States Congress · 5 November 1997
Bulletproof Vest Partnership Grant Act of 1997 - Authorizes the Director of the Bureau of Justice Assistance to: (1) make grants to States or units of local government to purchase armor vests for use by law enforcement officers; and (2) give preferential consideration to applications from jurisdictions that have the greatest need, a mandatory wear policy, and a violent crime rate at or above the national average. Sets forth provisions regarding matching funds and allocation of funds, State and local applications, and grant application renewal. Prohibits any State or unit of local government that receives financial assistance made available by this Act from purchasing equipment or products manufactured using prison inmate labor. Authorizes appropriations. Expresses the sense of the Congress that entities receiving assistance under this Act should, in expending such assistance, purchase only American-made equipment and products.
United States · United States Congress · 30 October 1997
Amends the Brady Handgun Violence Prevention Act to prohibit the transfer of a handgun by a licensed dealer unless the transferee submits a written statement that the transferee is not subject to a court order that: (1) restrains the transferee from harassing, stalking, or threatening an intimate partner or child of such intimate partner or transferee or from engaging in conduct that would place such partner or child in reasonable fear of bodily injury; and either (2) includes a finding that the transferee represents a credible threat to the physical safety of such partner or child; or (3) explicitly prohibits the use or threat of physical force against such partner or child that would reasonably be expected to cause bodily injury.
United States · United States Congress · 29 October 1997
Federal Prison Industries Competition in Contracting Act of 1997 - Amends the Federal criminal code to replace provisions regarding the purchase of prison-made products by Federal departments with provisions establishing a Government-wide procurement policy relating to purchases from Federal Prison Industries (FPI). Provides that: (1) when a procurement activity of a Federal department or agency has a requirement for a specific product or service (product) that is authorized to be offered for sale by FPI and is listed in a catalog of FPI products, such activity shall solicit an offer from FPI if the purchase is expected to be in excess of the micro-purchase threshold; and (2) a contract award for such product or service shall be made using competitive procedures, except where FPI cannot expect to receive the contract award on a competitive basis and that award is necessary to maintain work opportunities to prevent circumstances expected to significantly endanger penal or correctional facility administration. Requires a contract to be awarded to FPI if the contracting officer determines that: (1) the prison-made product will meet the requirements of the procurement activity; (2) timely performance can be reasonably expected; and (3) the contract price does not exceed a current market price. Sets forth provisions regarding determinations by the Attorney General, competitive offers from FPI, performance by FPI, finality of the contracting officer's decision, reporting of purchases, and publication, maintenance, and revision of the catalog. (Sec. 3) Modifies provisions regarding: (1) FPI administration to require that a decision to authorize FPI to offer a new specific product or to expand the production of an existing product be made by its board of directors, in conformance with specified requirements; and (2) an analysis of the probable impact on private sector firms and their employees of a proposal to authorize the sale of a new specific product or to expand production of a current product. Requires such analysis to identify and consider specified factors, such as whether: (1) the specific product is an import-sensitive product; and (2) authorizing the production of the new product or performance of a new service will provide inmates with the maximum opportunity to acquire knowledge and skill in trades and occupations that will provide them with a means of earning a livelihood upon release. (Sec. 4) Revises requirements for reporting by the board to the Congress to: (1) include additional information within its annual reports, such as certain analyses of sales and purchases and of the inmate workforce, and data concerning employment obtained by released inmates; and (2) require that copies of such reports be made available to the public at a price not exceeding the cost of printing. (Sec. 6) Sets forth provisions regarding revisions to the Government-wide Federal Acquisition Regulation to implement this Act, including requirements of public participation.
United States · United States Congress · 29 October 1997
Cable Rate Moratorium Act - Directs the Federal Communications Commission to: (1) prohibit any cable operator from imposing or collecting any increase in the rates for basic cable television service or for cable programming services above the rate in effect as of October 1, 1997; and (2) commence and report to the Congress on an inquiry on the extent of and causes for increases in such rates and services during the period between October 1, 1992, and October 1, 1997, as well as the extent to which cable television competition may be extended by Commission action. Makes the above prohibition effective until otherwise provided by an Act of Congress enacted after the submission of the required report.
United States · United States Congress · 23 October 1997
Iran Missile Proliferation Sanctions Act of 1997 - Directs the President to report periodically to specified congressional committees on foreign persons (except those previously identified or sanctioned or subject to waiver) who, on or after August 8, 1995, have transferred, or attempted to transfer, controlled goods or technology, or provided, or attempted to provide, technical assistance or facilities that contributed, or would have contributed, to Iran's efforts to acquire, develop, or produce ballistic missiles. Requires imposition on such persons of minimum two-year sanctions prohibiting: (1) sales to such persons of items on the United States Munitions List (and terminating sales of any controlled U.S. arms); (2) the export to such persons of dual use goods and technology; and (3) the provision of U.S. financial assistance. Authorizes the President to waive such sanctions, with written justification to Congress, on the basis of U.S. national security or additional information demonstrating that the sanctioned person did not commit the acts alleged.
United States · United States Congress · 23 October 1997
Authorizes the President to award, on behalf of the Congress, a gold medal honoring Wilma G. Rudolph in recognition of her outstanding and enduring contributions to humanity and women's athletics in the United States and the world. Declares the medals to be national medals. Authorizes funding for the cost of the medals, and requires deposit of sale proceeds in the United States Mint Public Enterprise Fund.
United States · United States Congress · 23 October 1997
Early Learning and Opportunity State Grants Act of 1997 - Authorizes the Secretary of Health and Human Services to make grants to eligible States to improve the quality and increase the availability of child care services, and of family support services, for families with children under three years of age. Directs the Secretary to: (1) develop a voluntary model training program for employees of child care providers; (2) make available to Head Start agencies and child care providers the code developed for such model training program; and (3) provide technical assistance to such agencies and providers to implement it. Authorizes appropriations.
![Official portrait of Rep. Weygand, Robert A. [D-RI-2]](https://www.congress.gov/img/member/w000315_200.jpg)