United States · United States Congress · 7 May 1998
Senior Citizen Protection Act of 1998 - Amends title XIX (Medicaid) of the Social Security Act to extend the authority of State Medicaid fraud control units, upon the approval of the Inspector General of the relevant Federal agency, to investigate and prosecute: (1) fraud in connection with other Federal health care programs (if the suspected fraud or law violation is primarily related to the State Medicaid plan); and (2) at a unit's option, abuse of residents of non-Medicaid board and care facilities. Provides that overpayments collected by a State Medicaid fraud control unit shall be credited to, and be available for expenditure under, the Federal health care program that was subject to the activity that was the basis for the collection.
United States · United States Congress · 6 May 1998
John F. Kennedy Center for the Performing Arts Authorization Act - Amends the John F. Kennedy Center Act to revise the criteria for certain duties with respect to capital repair and to operation and maintenance. Extends through FY 2009 the authorization of appropriations for the Center's: (1) maintenance, security, and repair; and (2) capital projects.
United States · United States Congress · 5 May 1998
Community and Postal Participation Act of 1998 - Modifies Federal postal provisions to require 60-days' written notice before the relocation, closing, or consolidation (currently, the closing or consolidation) of a post office. Requires such notice to be: (1) hand delivered or delivered by mail; and (2) published in one or more newspapers of general circulation within the zip codes served by such post office. Sets forth provisions which: (1) allow any person served by the post office to offer an alternative relocation, consolidation, or closing proposal within such 60-day period; and (2) require the Postal Service to conduct a hearing to allow such persons to present oral or written testimony. Revises factors to be considered in deciding whether to relocate, close, or consolidate a post office to include: (1) the extent to which the post office is part of a core downtown business area; (2) the sentiment of the community served; (3) whether postal officials negotiated with persons served; (4) whether management of the post office contributed to a desire to relocate; and (5) the adequacy of the existing post office. Requires the Postal Service to respond to all alternative proposals by way of a consolidated report containing findings and determinations with respect to each such proposal and to make a copy of such report available at such post office. Provides for an appeal to the Postal Rate Commission of a decision to relocate, close, or consolidate. Requires the Postal Service to follow a community's public participation procedures to address the relocation, closing, or consolidation of buildings in the community if participation requirements of such procedures are more stringent than those provided in this Act. Requires the Postal Service, in making a determination to relocate, close, or consolidate any post office, to comply with any zoning, planning, or land use regulations or building codes applicable to State or local public entities, including the zoning authority of the local jurisdiction. Includes within the Postal Service policy with respect to planning and building new postal facilities that the Service consider the effect a new facility may have on the community and the service provided by any facility currently in operation at the time that such a decision is made.
United States · United States Congress · 30 April 1998
Expresses the sense of the Senate that: (1) the European Union should take immediate steps to cancel the sale of European feed barley to the United States and establish procedures to ensure that restitution and other subsidies are not used for sales of agricultural commodities to the United States or other North American countries; (2) the President, the United States Trade Representative (USTR), and the Secretary of Agriculture should immediately investigate the sale of European feed barley to the United States and prevent any future sale of such commodities to the United States or other North American countries that is based on restitution or other subsidies; and (3) the USTR and the Secretary should report to the Congress on the terms and conditions of such sale and the steps that have been taken to cancel, and prevent the recurrence of, such sales in the future.
United States · United States Congress · 29 April 1998
Alaska Native and American Indian Direct Reimbursement Act of 1998 - Amends the Indian Health Care Improvement Act to make permanent the demonstration program under which Indian tribes, tribal organizations, and Alaska Native health organizations that contract or compact for the operation of a hospital or clinic of the Indian Health Service may directly bill for, and receive payment for, health care services provided by such hospital or clinic for which payment is made under Medicare or Medicaid or from any other third party payor. Requires participating hospitals and clinics to submit to the Secretary of Health and Human Services quarterly reports on the program during the first two years of participation and annual reports thereafter. Provides for: (1) application to the Secretary by an Indian tribe, tribal organization, or Alaska Native health organization for participation of a Service facility in the program (the demonstration program was limited to four facilities); (2) the ongoing examination and implementation of necessary administrative changes to facilitate direct billing and reimbursement under the program; and (3) withdrawal from participation in the program.
United States · United States Congress · 29 April 1998
Recognizes the historic significance of the 50th 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 · 27 April 1998
Amends Federal rail safety law to direct the Secretary of Transportation to issue regulations that require that all cars of freight, passenger, or commuter trains be equipped and, if necessary, retrofitted, with at least one highly visible marker (including reflective tape or appropriate lighting).
United States · United States Congress · 2 April 1998
Montana Fish and Wildlife Conservation Act of 1998 - Directs the Secretary of the Interior to sell at fair market value: (1) all right, title, and interest of the United States in and to specified leaseholds (cabin sites of the Bureau of Reclamation located in the Canyon Ferry Reservoir in Montana and certain contiguous parcels), subject to valid existing rights; and (2) easements for specified access to such leaseholds. Sets forth requirements for the purchase process. Grants the Canyon Ferry Recreation Association, Incorporated, the right to match the highest bid and purchase the leaseholds. Requires the leasehold purchaser to: (1) contribute 45 percent of the purchase price to each of the Canyon Ferry-Missouri River Trust and the Montana Hunter and Fisherman Access Fund (established by this Act); and (2) pay ten percent of the purchase price to the Secretary for deposit in the Treasury. Gives existing leaseholders an option to purchase leaseholds and nonpurchasing lessees the right to continue to lease the property under the same terms provided in existing leases. Requires the Secretary to encourage establishment of a nonprofit charitable permanent perpetual trust, to be known as the Canyon Ferry-Missouri River Trust, to provide a permanent source of funding to acquire land to conserve fish and wildlife, enhance public hunting and fishing opportunities, and improve public access at the Reservoir and along the Missouri River. Establishes the Montana Hunter and Fisherman Access Fund in the Treasury for purposes of acquiring land in Montana to improve public access to Federal land for hunting or fishing and enhance public hunting and fishing opportunities through the conservation of fish and wildlife.
United States · United States Congress · 2 April 1998
Cost of Production Safety Net Act of 1998 - Directs the Secretary of Agriculture to make nonrecourse commodity loans available at fair return rates to wheat or feed grain producers who agree to forgo obtaining marketing assistance loans. Sets forth loan provisions.
United States · United States Congress · 2 April 1998
Calls upon the Government of Japan to: (1) live up to the standards it has set for open competitive markets; and (2) fully implement the representations that it made to a dispute settlement panel of the World Trade Organization regarding deregulation, transparency, nondiscrimination, open distribution systems, and vigorous enforcement of competition laws with respect to consumer photographic film and paper as well as other sectors, such as autos and auto parts, glass, and telecommunications, that face similar market access barriers there. Urges the President, the United States Trade Representative, and other appropriate officers of the executive branch to exercise fully existing authority to achieve these objectives. Requests the President to report periodically to the Congress on progress in eliminating market restrictions in Japan for consumer photographic film and paper.
United States · United States Congress · 1 April 1998
Chippewa Cree Tribe of the Rocky Boy's Reservation Indian Reserved Water Rights Settlement Act of 1998 - Approves and ratifies the Water Rights Compact entered into on April 14, 1997, by the Chippewa Cree Tribe of the Rocky Boy's Reservation and the State of Montana, as modified by this Act. Directs the Secretary of the Interior to execute and implement the Compact. Requires the United States, the Tribe, or the State of Montana to petition the Montana Water Court to enter and approve the proposed decree agreed to by such parties. Voids the Compact if approval by the appropriate court does not become final within three years following the filing of the decree or the decree is approved but subsequently set aside. Authorizes the Secretary to extend the three-year deadline on agreement with the State and the Tribe. (Sec. 6) Directs the Secretary to administer and enforce the Tribal Water Right until the approval of a tribal water code. Satisfies any entitlement to Federal Indian reserved water of any tribal member solely from the water secured to the Tribe by the Compact. Authorizes the Tribe, subject to the Secretary's approval and Compact conditions, to enter into a service contract or other agreement providing for the temporary delivery, use, or transfer of water rights confirmed to the Tribe in the Compact. (Sec. 7) Directs the Secretary, through the Bureau of Reclamation, to: (1) perform a municipal, rural, and industrial (MR&I) feasibility study of water and related resources in North Central Montana to evaluate alternatives for an MR&I supply for the Reservation; and (2) conduct a regional feasibility study to evaluate such water and resources to determine limitations and how resources can best be managed to serve the needs of Montana's citizens. (Sec. 8) Requires the Secretary to allocate a specified amount of stored water to the Tribe without cost. Grants the Tribe the right to devote the water to any use within or outside the Reservation. (Sec. 9) Authorizes and directs the Secretary, through the Bureau, to plan, design, and construct specified water development projects on the Reservation. Permits the Tribe, upon request, to carry out such activity subject to an agreement with the Secretary. (Sec. 10) Establishes the Chippewa Cree Indian Reserved Water Rights Settlement Trust Fund to fulfill the purposes of this Act, subject to certain restrictions on expenditures. (Sec. 11) Authorizes appropriations. (Sec. 12) Describes the State contribution to the settlement. (Sec. 13) Removes the Tribe's right to withdraw as a party to the Compact. Requires the Tribe to release the United States from the following claims, the validity of which is not recognized by the United States: (1) claims to or for water rights, injuries to water rights, loss or deprivation of water rights, and failures to acquire or develop water rights for tribal lands from time immemorial to the date of Compact ratification; and (2) claims arising out of negotiation of the Compact and settlement. Entitles the United States, in the event the release does not become effective, to set off any funds transferred to the Tribe under this Act against any claim for damages.
United States · United States Congress · 26 March 1998
Safeguard of New Employee Information Act of 1998 - Amends title IV of the Social Security Act to establish: (1) an administrative penalty and fine for the misuse of information in the National Directory of New Hires; and (2) a 24-month limit on the retention of New Hire data.
United States · United States Congress · 25 March 1998
Enhanced Savings Opportunities Act - Amends the Internal Revenue Code to permit maximum employee contributions to a defined contribution plan to be the lesser of either $30,000 or the participant's compensation, rather than the lesser of $30,000 or 25 percent of the participant's compensation. Makes conforming amendments regarding tax-exempt, educational, and State and local employee annuity plans.
United States · United States Congress · 17 March 1998
Declares that the Senate: (1) expresses gratitude to, and calls upon all Americans to show their gratitude to, John McCain and the men who were held as prisoners of war during the Vietnam conflict and for the return of Senator McCain to the United States; and (2) will not forget that more than 2,000 members of the armed forces remain unaccounted for from such conflict and will continue to press for the fullest accounting for such members.
United States · United States Congress · 5 March 1998
Gallatin Land Consolidation Act of 1998 - Provides for the exchange of land and other assets including certain timber harvest rights by the Secretaries of Agriculture and the Interior with the Big Sky Lumber Co. for inclusion in the Gallatin National Forest and Deerlodge National Forest, Montana. Authorizes appropriations.
United States · United States Congress · 5 March 1998
Collegiate Initiative To Reduce Binge Drinking Resolution - Expresses the sense of the Senate that college and university administrators should take specified actions in an effort to change the culture of alcohol consumption on college campuses.
United States · United States Congress · 3 March 1998
Expresses the sense of the Senate that: (1) it should be U.S. policy to support Israel's efforts to enter an appropriate United Nations (UN) regional group; (2) the President should instruct the U.S. Permanent Representative to the UN to carry out this policy; (3) the United States should insist that any effort to reform the UN, including the Security Council, also resolve this anomaly and should ensure that the principle of sovereign equality be upheld without exception; and (4) the Secretary of State should submit a report to the Congress on the steps taken by the United States, the UN Secretary General, and others to help secure Israel's membership in an appropriate UN regional group.
United States · United States Congress · 27 February 1998
Software Trade Secrets Protection Act - Amends the Internal Revenue Code to prohibit the issuance or enforcement of any summons to produce or examine any computer software source code or related customer communications and training materials, subject to stated exceptions.
United States · United States Congress · 27 February 1998
Expresses the sense of the Senate that: (1) it should be U.S. policy to support Israel's efforts to enter an appropriate United Nations (UN) regional group; (2) the President should instruct the U.S. Permanent Representative to the UN to carry out this policy; (3) the United States should insist that any effort to reform the UN, including the Security Council, also resolve this anomaly and should ensure that the principle of sovereign equality be upheld without exception; and (4) the Secretary of State should submit a report to the Congress on the steps taken by the United States, the UN Secretary General, and others to help secure Israel's membership in an appropriate UN regional group.
United States · United States Congress · 25 February 1998
Wetlands and Wildlife Enhancement Act of 1998 - Amends the North American Wetlands Conservation Act and the Partnerships for Wildlife Act to extend the authorization of appropriations to carry out such Acts through FY 2003.
United States · United States Congress · 25 February 1998
Expresses the sense of the Senate that March 2, 1998, shall be known as Read Across America Day, in honor of Dr. Seuss's birthday. Encourages reading with children on that day.
United States · United States Congress · 12 February 1998
Economic Development Partnership Act of 1998 - Amends the Public Works and Economic Development Act of 1965 (the Act) 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) prescribe 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 appoint a National Public Advisory Committee on Regional Economic Development to make recommendations to the Secretary, including regarding the coordination of activities. 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. 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 for which the applicant 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. 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 sudden economic dislocation resulting in significant job losses; (3) is a community or neighborhood which has a large concentration of low-income individuals, substantial out-migration, or substantial unemployment; (4) has long-term economic deterioration; (5) has a special need to meet an expected rise in unemployment; (6) contains a population of 250,000 or less with growth potential; or (7) is experiencing severe out-migration. Requires from recipients: (1) documentation of meeting such criteria; and (2) evidence of 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 serve as a central information clearinghouse on all matters relating to economic development and adjustment, disaster recovery, and defense conversion programs and activities of Federal and State governments and to help applicants for such assistance. 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. 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 2002. Authorizes additional appropriations for defense conversion activities and disaster economic recovery activities.
United States · United States Congress · 12 February 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 Fund 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 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 pay annually to the Fund amounts based on that manufacturer's stock market capitalization as compared to the average stock market capitalization of all manufacturers. Mandates annual assessments on each manufacturer based on the number of specified products removed 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 reimburse each eligible State for: (1) State expenditures under title XIX (Medicaid) of the Social Security Act for the treatment of individuals with tobacco-related conditions; (2) other State expenses incurred in providing treatment for tobacco-related conditions; and (3) providing 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; (2) submit a plan regarding payments to local governments; and (3) have procedures to provide an equitable portion of the funds to local government entities for the local entities' tobacco-related health costs. 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. (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, 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. Allows an alien who lawfully entered the United States after August 22, 1996, to be eligible for child health assistance under title XXI and Medicaid, notwithstanding the five-year means-tested public benefit waiting period or any other provision of law. Declares that a State does not have the authority to determine the Medicaid eligibility of a qualified alien. Makes the above amendments of this section effective as if they had been included in the Balanced Budget Act of 1997. Mandates a performance bonus payment to each State relating to 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 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. 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 using tobacco products. (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. Requires each manufacturer to reduce the percentage of children who use the manufacturer's brand accordingly. (Sec. 304) Mandates industry-wide and 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 Trust Fund - 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 transition assistance to tobacco producers and tobacco-growing communities to adjust to reduced demand for tobacco, including economic development assistance, producer and factory worker retraining, or producer scholarships. Makes those amounts available only if a law is enacted by January 1, 2000, specifically prescribing Fund authorized uses. 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 using, 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 action 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 action. Prohibits construing these provisions to limit an individual's right to start a civil action for past, present, or future conduct by tobacco product 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 any fee payments required under any provision of this Act. 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 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 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.
United States · United States Congress · 11 February 1998
Declares that the Congress: (1) honors the proud history of Wisconsin statehood; and (2) encourages all Wisconsinites to reflect on the State's distinguished past and look forward to the State's promising future.
United States · United States Congress · 9 February 1998
Amends the Communications Act of 1934 to require that, in order for a telecommunications carrier to verify a subscriber's selection of a telephone exchange or toll service provider, such carrier shall, at a minimum, require the subscriber to: (1) acknowledge the type of service to be changed by the selection; (2) affirm the intent to select the service provider; (3) affirm the subscriber's authority to make such selection for that telephone number; (4) acknowledge that such selection will result in a change of service provider; (5) acknowledge that the individual making such communication is the subscriber; and (6) provide any other such information as considered appropriate for the subscriber's protection. Requires Federal Communications Commission (FCC) selection verification procedures to: (1) preclude the use of negative option marketing; (2) provide for verification of a change of service in oral, written, or electronic form; and (3) require the retention of such verification in a manner and form and for such time as considered appropriate by the FCC. Makes the above provisions inapplicable to providers of commercial mobile service. Requires a carrier selected by a subscriber to notify the subscriber in writing not more than 15 days after such selection, and to include the name of the individual who authorized such change. Provides for the prompt resolution of complaints concerning an unauthorized change. Requires the FCC to provide a simplified process for resolving such complaints, and authorizes the FCC to award damages in the amount of $500 or the actual damages, if greater. Provides penalties for violations of this section and authorizes the FCC to collect fines and damages. Authorizes a State to bring an action on behalf of its residents when it has reason to believe that a carrier has or is engaged in a practice of changing service providers without subscriber authority. Gives Federal courts exclusive jurisdiction over such actions. Requires the FCC to be notified of any such action. Directs the FCC to issue a report on the telemarketing practices used by carriers to solicit subscriber service changes. Authorizes the FCC to initiate a rulemaking to prohibit the use of any practices found to likely mislead, deceive, or confuse subscribers.
United States · United States Congress · 9 February 1998
Expresses the sense of the Senate that: (1) the United States should be prepared to take appropriate steps to help ensure that Thailand's economic recovery efforts will continue uninterrupted and to enhance the close political, economic, and security relations between Thailand and the United States; and (2) Thailand deserves praise and commendation from the United States for the measures it has implemented to resolve its financial problems.
United States · United States Congress · 5 February 1998
Authorizes the Secretary of the Interior to exchange certain Federal oil and gas leases in a specified exchange area in the State of Montana for credits that may be used for: (1) bids in Federal oil and gas lease sales, or for royalty and rentals due under Federal leases in the central and western planning areas of the Gulf of Mexico for leases outside a specified zone; and (2) bid, royalty or rental payments due under Federal oil and gas leases on Federal land in the State of Montana. Provides that the amount of such credits shall be based on investments made in lease acquisition and development before the date of enactment of this Act and agreed to by the Secretary and the leaseholder. Withdraws such exchange area from: (1) location and entry under the mining laws; and (2) leasing under the mineral leasing laws. Directs the Secretary to pay to the State of Montana the amount it would have received in cash but for the leaseholder's use of such credit to pay rentals or royalties on a Federal oil or gas lease on Federal land in Montana.
United States · United States Congress · 13 November 1997
Gallatin Land Consolidation Act of 1998 - Authorizes a land exchange (for inclusion in the Gallatin National Forest) between the Secretaries of Agriculture and the Interior and the Big Sky Lumber Company (BSL). Provides that if BSL offers fee title to specified land that is acceptable to the United States, the Secretary of: (1) Agriculture shall accept a warranty deed to the land, convey to BSL (subject to specified limitations) fee title to up to 25,000 acres of National Forest System land, grant to BSL timber harvest rights to up to 50 million board feet of timber, and (subject to availability of funds) purchase land belonging to BSL in the Taylor Fork area at a purchase price of up to $6.5 million; and (2) the Interior shall convey fee title to approximately 1,860 acres of Bureau of Land Management land. Requires that the property and other assets exchanged by BSL and the United States be approximately equal in value, as determined by the Secretary of Agriculture. Directs the Secretary of Agriculture to prepare, grant to BSL, and administer specified timber harvest rights over a period of five consecutive years. Specifies that timber harvest volume shall constitute the timber sale program for the Gallatin National Forest for that five-year period. Directs such Secretary, if exceptional circumstances prevent the Secretary from conveying such rights, to replace the value of the diminished harvest rights by substituting equivalent timber harvest rights volume from the same market area, conveying national forest lands containing merchantable timber with such Forest, or making a payment from funds from the Land and Water Conservation Fund. Sets forth provisions regarding: (1) procedures applicable to all national forest timber harvest rights identified for exchange; (2) the exchange agreement; (3) rights-of-way; (4) quality of title; and (5) timing of implementation of the exchange agreement.
United States · United States Congress · 10 November 1997
Surface Transportation Extension Act of 1997 - Amends the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) to make $5.5 billion available from the Highway Trust Fund (HTF) for November 16, 1997, through January 31, 1998. Directs the Secretary of Transportation to: (1) apportion such funds to each State in the ratio that the State's total FY 1997 obligation authority for funds apportioned for the Federal-aid highway program bears to all States' total FY 1997 obligation authority for Federal-aid highway program funds; and (2) ensure that each State is apportioned funds for specified items according to the 1997 distribution of funds for such items, including the National Highway System, the Interstate maintenance program, the bridge program, the surface transportation program, and the congestion mitigation and air quality improvement program. Requires the Secretary to reduce the amount that would otherwise be apportioned to a State for FY 1998 under a law enacted after this Act reauthorizing a Federal-aid highway program by the amount that is apportioned to such State for such program by this Act. Authorizes the Secretary to establish procedures under which funds apportioned by this Act for a program category for which funds are not authorized under a law enacted after this Act may be restored to the Federal-aid highway program. Makes specified sums available from the HTF to carry out provisions regarding Federal-aid highway minimum allocations for January 26 through 31, 1998, in accordance with the allocation of such funds among all States for FY 1997. Directs the Secretary to allocate to each State an amount of obligation authority made available under the Department of Transportation and Related Agencies Appropriations Act, 1998 (DOT Act) that is: (1) equal to the greater of the State's unobligated balance, as of October 1, 1997, of Federal-aid highway apportionments subject to any limitation on obligations, or 50 percent of the State's total FY 1997 obligation authority for funds apportioned for the Federal-aid highway program; but (2) not greater than 75 percent of the State's total FY 1997 obligation authority for funds apportioned for the Federal-aid highway program. Limits the total amount of all allocations to $9.78 billion. Prohibits: (1) a State from obligating funds for any Federal-aid highway program project after May 1, 1998, until the earlier of the date of enactment of a multiyear law reauthorizing the Federal-aid highway program or July 1, 1998; and (2) the obligation of contract authority made available to the States prior to July 1, 1998, after that date until a multiyear law reauthorizing the Federal-aid highway program has been enacted. Directs the Secretary, on the earlier of the enactment of such law or July 1, 1998, to distribute to each State any remaining amounts of obligation authority for Federal-aid highways and highway safety construction programs by allocation in accordance with the DOT Act. (Sec. 3) Authorizes a State, for FY 1998, to transfer any unobligated funds granted to it for an alcohol traffic safety program, allocated to it for a commercial motor vehicle safety program, or apportioned to it for the surface transportation program, the congestion mitigation and air quality improvement program, the National Highway System, the Interstate System, the highway bridge replacement and rehabilitation program, or the highway safety program to any other such program. Directs the Secretary, after enactment of a law authorizing the Federal-aid highway program, to restore transferred funds for any project not eligible for the funds but for this section to the program category from which the funds were transferred. Authorizes the Secretary to establish procedures under which transferred funds from a program category for which funds are not authorized may be restored to the Federal-aid highway, highway safety, and motor carrier safety programs. (Sec. 4) Grants the Secretary specified borrowing authority if necessary to pay administrative and research expenses of the Federal-aid highway program. Makes certain sums available from HTF for administrative and research expenses of the Federal-aid highway program for FY 1998, subject to specified limitations. Amends ISTEA to extend appropriations through March 31, 1998, for the Bureau of Transportation Statistics. (Sec. 5) Amends ISTEA to reauthorize, through March 31, 1998: (1) appropriations for the Federal lands highway program, the national recreational trails program, highway use tax evasion projects, the scenic byways program, and intelligent transportation systems; and (2) National Highway Transportation and Safety Administration highway safety programs, alcohol traffic safety programs, the National Driver Register, the motor carrier safety program, and Federal transit programs (including fixed guideway modernization programs and certain other mass transportation programs). Makes sums available from HTF through such date for the operation lifesaver program, the Dwight David Eisenhower Transportation Fellowship Program, the National Highway Institute, the education and training program, metropolitan planning, and for the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (Sec. 9) Amends the Internal Revenue Code to extend HTF, the Aquatic Resources Trust Fund, and the National Recreational Trails Trust Fund.
United States · United States Congress · 7 November 1997
Surface Transportation Extension Act of 1997 - Amends the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) to make available from the Highway Trust Fund (HTF) for January 1 through January 8, 1998: (1) $506 million to carry out the surface transportation program, the congestion mitigation and air quality improvement program, and highway safety and commercial motor vehicle safety programs; and (2) $14 million for State apportionments for Federal-aid highway programs. Directs the Secretary to: (1) apportion funds under (1) above in an amount sufficient to increase any State's unobligated balance, as of October 1, 1997, of such apportionments that was less than 50 percent of the State's total FY 1997 obligation authority for funds apportioned for the Federal-aid highway program to 50 percent of such authority; and (2) allocate funds under (2) above to each State in the ratio that the amount allocated to the State for FY 1997 bears to the amounts allocated to all States for FY 1997. Directs the Secretary to reduce a State's surface transportation program apportionment that would be authorized by an Act enacted after this Act by the amount of any authorization of contract authority provided to the State under this Act. Directs the Secretary, subject to a specified limit on aggregate allocations, to allocate to each State an amount of obligation authority that is: (1) equal to the greater of the State's unobligated balance of Federal-aid highway apportionments or 50 percent of the State's total FY 1997 obligation authority for Federal-aid highway funds; but (2) not greater than 75 percent of such State's FY 1997 obligation authority. Prohibits a State from obligating any funds for any Federal-aid highway program project after May 1, 1998, until the earlier of the enactment of a multiyear law reauthorizing the program or July 1, 1998. Prohibits any contract authority made available to the States before July 1, 1998, from being obligated after such date until such a law is enacted. Provides that the baseline prepared by the Congressional Budget Office and the Office of Management and Budget for FY 1998 through 2003 for mandatory contract authority and mandatory outlays for Federal-aid highways and highway safety construction programs shall be the baseline included in the concurrent resolution on the budget for FY 1998. (Sec. 3) Authorizes a State, for FY 1998, to transfer any unobligated funds made available to it for specified Federal-aid highway program apportionments, the surface transportation program, the highway bridge replacement and rehabilitation program, or specified highway and commercial motor vehicle safety programs to any other such program. Directs the Secretary, after enactment of a law authorizing the Federal-aid highway program, to restore transferred funds for any project not eligible for the funds but for this section to the program category from which the funds were transferred. Authorizes the Secretary to establish procedures under which transferred funds from a program category for which funds are not authorized may be restored to the Federal-aid highway program. (Sec. 4) Grants the Secretary specified borrowing authority if necessary to pay administrative and research expenses of the Federal-aid highway program for FY 1998, subject to specified limitations. Makes specified funds available from the HTF for contract authority for such expenses. Amends ISTEA to extend the authorization of appropriations through March 31, 1998, for the Bureau of Transportation Statistics. (Sec. 5) Amends ISTEA to reauthorize, through March 31, 1998: (1) appropriations for the Federal lands highway program, the national recreational trails program, highway use tax evasion projects, the scenic byways program, and intelligent transportation systems; and (2) National Highway Transportation and Safety Administration highway safety programs, alcohol traffic safety programs, the National Driver Register, the motor carrier safety program, and Federal transit programs (including fixed guideway modernization programs and certain other mass transportation programs). Makes sums available from HTF through such date for the operation lifesaver program, the Dwight David Eisenhower Transportation Fellowship Program, the National Highway Institute, and the education and training program.
United States · United States Congress · 7 November 1997
Charitable Giving Incentive Act - Amends the Internal Revenue Code to allow certain tax-free liquidations from a closely held corporation into a tax-exempt organization. Revises unrelated business income provisions regarding property acquired subject to a mortgage with respect to such a liquidation.
United States · United States Congress · 7 November 1997
Federal Communications Commission Satellite Carrier Oversight Act - Amends the Communications Act of 1934 to: (1) include direct-to-home satellite services under provisions protecting signal broadcast; (2) direct the Federal Communications Commission (FCC) to initiate a notice of inquiry to determine the best way to facilitate the retransmission of distant broadcast signals in order to promote market competition for delivery of multichannel video programming in the public interest; and (3) direct the FCC to report to the Congress on the effect of the increase in royalty fees paid by satellite carriers for such retransmission on such competition and the ability of the direct-to-home satellite industry to compete. Prohibits the Copyright Office from implementing, before January 1, 1999, the decision of the Librarian of Congress which established a specified royalty fee per subscriber per month for the retransmission of distant broadcast signals by satellite carriers.
United States · United States Congress · 7 November 1997
Authorizes the Director of Fish and Wildlife to construct and equip a historical, cultural, and paleontological interpretive center and museum at Fort Peck Dam, Montana. Authorizes appropriations.
United States · United States Congress · 7 November 1997
Surface Transportation Extension Act of 1997 - Amends the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) to make available from the Highway Trust Fund (HTF) for January 1 through January 8, 1998: (1) $506 million to carry out the surface transportation program, the congestion mitigation and air quality improvement program, and highway safety and commercial motor vehicle safety programs; and (2) $14 million for State apportionments for Federal-aid highway programs. Directs the Secretary of Transportation to allocate such funds to each State in the ratio that the amount allocated to the State for FY 1997 bears to the amounts allocated to all States for FY 1997. Directs the Secretary to: (1) apportion funds under (1) above in an amount sufficient to increase any State's unobligated balance, as of October 1, 1997, of such apportionments that was less than 50 percent of the State's total FY 1997 obligation authority for funds apportioned for the Federal-aid highway program to 50 percent of such authority; and (2) allocate funds under (2) above to each State in the ratio that the amount allocated to the State for FY 1997 bears to the amounts allocated to all States for FY 1997. Directs the Secretary to reduce a State's surface transportation program apportionment that would be authorized by an Act enacted after this Act by the amount of any authorization of contract authority provided to the State under this Act. Directs the Secretary, subject to a specified limit on aggregate allocations, to allocate to each State an amount of obligation authority that is: (1) equal to the greater of the State's unobligated balance of Federal-aid highway apportionments or 50 percent of the State's total FY 1997 obligation authority for Federal-aid highway funds; but (2) not greater than 75 percent of such State's FY 1997 obligation authority. Prohibits a State from obligating any funds for any Federal-aid highway program project after May 1, 1998, until the enactment of a multiyear law reauthorizing the program. Provides that the baseline prepared by the Congressional Budget Office and the Office of Management and Budget for FY 1998 through 2003 for mandatory contract authority and mandatory outlays for Federal-aid highways and highway safety construction programs shall be the baseline included in the concurrent resolution on the budget for FY 1998. (Sec. 3) Authorizes a State, for FY 1998, to transfer any unobligated funds made available to it for specified Federal-aid highway program apportionments, the surface transportation program, the highway bridge replacement and rehabilitation program, or specified highway and commercial motor vehicle safety programs to any other such program. Directs the Secretary, after enactment of a law authorizing the Federal-aid highway program, to restore transferred funds for any project not eligible for the funds but for this section to the program category from which the funds were transferred. Authorizes the Secretary to establish procedures under which transferred funds from a program category for which funds are not authorized may be restored to the Federal-aid highway program. (Sec. 4) Grants the Secretary specified borrowing authority if necessary to pay administrative and research expenses of the Federal-aid highway program for FY 1998, subject to specified limitations. Makes specified funds available from the HTF for contract authority for such expenses. Amends ISTEA to extend the authorization of appropriations through March 31, 1998, for the Bureau of Transportation Statistics. (Sec. 5) Amends ISTEA to reauthorize, through March 31, 1998: (1) appropriations for the Federal lands highway program, the national recreational trails program, highway use tax evasion projects, the scenic byways program, and intelligent transportation systems; and (2) National Highway Transportation and Safety Administration highway safety programs, alcohol traffic safety programs, the National Driver Register, the motor carrier safety program, and Federal transit programs (including fixed guideway modernization programs and certain other mass transportation programs). Makes sums available from HTF through such date for the operation lifesaver program, the Dwight David Eisenhower Transportation Fellowship Program, the National Highway Institute, and the education and training program.
United States · United States Congress · 4 November 1997
Border Improvement and Immigration Act of 1997 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 with respect to the automated entry-exit control system to exempt from required recordkeeping: (1) land border crossings; and (2) permanent resident and certain other aliens. Requires the Attorney General to report on the feasibility of implementing an automated entry-exit control system that would include land border arrivals and departures. Provides for increased numbers of full-time Immigration and Naturalization and Customs inspectors at U.S. land borders, with at least half of such inspectors to be assigned to the northern border.
United States · United States Congress · 29 October 1997
Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to conduct a demonstration project under which covered members and beneficiaries under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) who are or become entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act will be eligible to enroll in health benefits plans offered through the Federal Employees Health Benefits (FEHB) program. Requires the demonstration project to be conducted in two geographic areas and to last at least two, but not more than three, contract years. Provides for: (1) management of participation in the project; (2) Government contributions for beneficiary coverage under the FEHB program; and (3) reporting requirements.
United States · United States Congress · 24 October 1997
Environmental Health Protection Act of 1997 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to require the President to notify State, local, and tribal public health authorities whenever a release (or threat of release) of a hazardous substance, pollutant, or contaminant has occurred or is about to occur and such release is under investigation pursuant to CERCLA. Provides that in a public health emergency, exposed persons shall be eligible for referral to licensed or accredited health care providers. (Currently, such persons are eligible for admission to hospitals and other facilities and services operated by the Public Health Service.) Requires the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR) to prepare toxicological profiles of hazardous substances that are not currently on the list of those that pose a most significant threat to human health but have been detected at covered facilities and are determined to pose a significant potential health threat due to known or suspected toxicity to humans and potential for human exposure. Defines "covered facilities" as facilities: (1) that are listed or proposed for listing on the National Priorities List (NPL); (2) at which the Administrator of the Environmental Protection Agency is undertaking a removal action that is anticipated to exceed one year or a specified funding limit; or (3) with respect to which the ATSDR Administrator has approved a petition for a health assessment or related health activity. Includes Indian tribes in the list of individuals to whom the ATSDR Administrator is required to provide consultations on health issues related to hazardous substance exposure. Provides for cooperation with Indian tribes with respect to certain ATSDR activities. Directs the ATSDR Administrator to perform a health assessment or related health activity for each covered facility (currently a health assessment for each NPL facility). Applies existing authorities related to assessments to health activities as well. Requires the President and the ATSDR Administrator to exchange information necessary to make a public health determination sufficiently before completion of a remedial investigation and feasibility study to allow full consideration of the public health implications of a release. Bars the delay of progress of a remedial action pending completion of a health assessment or health related activity. Includes cumulative effects of chemicals in the list of factors to be considered in a health assessment. Expands the list of parties to whom completed health assessments and recommendations are to be provided to include Indian tribes, local health officials, community advisory groups, and waste site information offices. Requires the ATSDR Administrator to include in the biennial report on ATSDR activities the health impacts on Indian tribes of hazardous substances from covered facilities. Provides for the distribution of: (1) medical education materials on hazardous substance exposure to local health officials; and (2) educational materials on human health effects of such substances to communities potentially affected by a facility. Requires the ATSDR Administrator to facilitate the provision of environmental health services in communities that: (1) may have been or may be subject to exposure to a hazardous substance from a covered facility; and (2) have a medically underserved population or lack sufficient expertise in environmental health. Directs the ATSDR Administrator, if considered appropriate, to conduct health education activities to make a community near a covered facility aware of the steps the community may take to mitigate or prevent exposure to hazardous substances and the health effects of such substances. Requires the ATSDR Administrator to conduct a study relating to the identification, assessment, and management of, and response to, multiple sources of exposure affecting or potentially affecting a community.
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 on the basis of additional information demonstrating that the sanctioned person did not commit the acts alleged.
![Official portrait of Sen. Baucus, Max [D-MT]](https://www.congress.gov/img/member/b000243_200.jpg)