United States · United States Congress · 9 October 1998
Expresses the sense of the Congress that the Secretary of State should: (1) take measures to ensure that U.S. assistance and exports of equipment to Mexican security forces are used primarily for counter-narcotics purposes and do not contribute to human rights violations; (2) encourage the Government of Mexico to reduce political tension and violence in Chiapas by disarming paramilitary groups and decreasing its military presence there; (3) commend such Government for inviting the United Nations High Commissioner for Human Rights to visit to discuss the Chiapas conflict; (4) encourage such Government and the Zapatista National Liberation Army to create conditions for good faith negotiations that address the social, economic, and political causes of the conflict; (5) support efforts to provide and monitor relief assistance to displaced persons in Chiapas; and (6) seek a commitment from such Government to respect the rights of U.S. citizens and human rights monitors in Mexico in accordance with Mexican and international law.
United States · United States Congress · 29 September 1998
Amends the Federal criminal code to prohibit a person from holding a gun show unless such person is licensed to hold a gun show and not less than 30 days have elapsed since the person has notified the Secretary of the Treasury and the chief law enforcement officer of the appropriate jurisdiction of the postal address and the dates and times at which the show is to be held. Sets forth provisions regarding license application requirements, fees, and application approval or denial procedures. Requires that before any unlicensed person may transfer any firearm at a gun show, such person shall provide to the holder of the show written notice of: (1) the name, age, and address of such person and of the transferee; (2) the serial number, make, and model of the firearm; and (3) the date and location of the transfer. Requires the holder of the show to: (1) comply with requirements imposed on firearms dealers with respect to firearm transfers; and (2) deliver show records to the Secretary within 30 days after the show. Sets forth penalties for violations of this Act.
United States · United States Congress · 22 September 1998
Library of Congress Bicentennial Commemorative Coin Act of 1998 - Directs the Secretary of the Treasury to mint and issue five-dollar gold coins and one-dollar silver coins emblematic of the Library of Congress. Authorizes the Secretary to mint and issue $10 bimetallic coins of gold and platinum in lieu of the gold coins. Requires payment of coin sale surcharges to the Library of Congress Trust Fund Board to support Library activities.
United States · United States Congress · 8 September 1998
Small Business Loan Enhancement Act - Amends the Small Business Investment Act (SBIA): (1) to include women-owned business development among the public policy goals for projects eligible for small business development company loans; and (2) to direct the Administrator of the Small Business Adminstration to require an appraisal of real estate if a loan made for plant acquisition, construction, conversion or expansion includes more than $250,000 for a real estate transaction, or to authorize the lender to require such an appraisal if the loan involves the use of $250,000 or less for such a transaction. Amends the Small Business Act to: (1) authorize loans to small businesses for assistance in meeting Year 2000 technology requirements; and (2) set forth the same real estate appraisal requirements for loans under such Act as prescribed for SBIA loans above. Repeals provisions concerning the payment of accrued interest with respect to SBA-guaranteed small business loans. Amends the SBA's Microloan Program to: (1) require its loan loss reserve fund to be maintained at a level equal to not more than 15 percent of the outstanding balance of the microloans owed to the intermediary; and (2) allow such fund to be reduced below such level if the intermediary can demonstrate to the Administrator, after a five-year participation period, that the average loan loss rate during such period is less than 15 percent, and the Administrator determines that no other factors are likely to impair the intermediary's ability to repay all obligations owed to the SBA. Directs the Administrator to then reduce such rate accordingly, except that such rate cannot be reduced to less than ten percent of the outstanding balance of the microloans owed to such intermediary.
United States · United States Congress · 28 July 1998
Economic Development Administration Reform Act of 1998 - Amends the Public Works and Economic Development Act of 1965 (the Act) to replace titles I through VI of such Act with the provisions of this Act. Directs the Secretary of Commerce to cooperate with States and other entities to ensure 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. Authorizes the Secretary to provide appropriate technical assistance to such entities in order to alleviate economic distress, encourage partnerships for economic development strategies, and promote investment in infrastructure and technological capacity to keep pace with the changing global economy. Directs the Secretary to promulgate regulations for intergovernmental review of proposed economic development projects. Authorizes the Secretary to enter into economic development cooperation agreements with two or more adjoining States. Defines an "eligible recipient," for purposes of this Act, as: (1) an area with a per capita income of 80 percent or less of the national average or an unemployment rate at least one percent greater than the national average or one which has experienced or is about to experience actual or threatened severe unemployment or economic adjustment problems; (2) an economic development district; (3) an Indian tribe; (4) a State; (5) a political subdivision; (6) an institution of higher education; or (7) a nonprofit organization acting in cooperation with local officials. Sets forth provisions similar to existing provisions of law authorizing grants to eligible recipients for acquisition or development of public works and development facilities. Retains a limitation that prohibits more than 15 percent of the amounts made available for such assistance from being expended in any one State. Authorizes assistance for public works and economic development to be available for a project to be carried out on a military or Department of Energy installation that is closed or scheduled for closure or realignment without requiring an eligible recipient to have title to the property or a leasehold interest for any specified term. Sets forth provisions similar to those under existing law authorizing grants for economic planning. Authorizes the Secretary to make grants for related administrative expenses as well. 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 recipient is eligible but for which the recipient cannot provide the required non-Federal share. Provides supplementary grant conditions and requirements, authorizing the Secretary to reduce or waive the required non-Federal share in certain cases. Sets forth provisions similar to those under existing law that authorize technical assistance useful in alleviating or preventing conditions of excessive unemployment or underemployment. Authorizes grants for training and research for such purposes as well. Permits the Secretary to reduce or waive the non-Federal share of a project so assisted if the project is not feasible without, and merits, such a reduction or waiver. Retains an existing provision of law regarding the prevention of unfair competition. Sets forth provisions similar to those under existing law which authorize grants for economic adjustment to alleviate long-term economic deterioration and sudden economic dislocation. Revises criteria for such assistance. Authorizes the Secretary to: (1) approve the use of grant funds for projects the scope or purpose for which has been modified after the grant has been made; and (2) use funds for projects constructed for less than the projected costs to improve such projects. Bars assistance for public works and economic development from being used for attorney's or consultants' fees incurred in connection with obtaining grants and contracts. Requires areas to have per capita incomes of 80 percent or less of the national average or unemployment rates at least one percent greater than the national average or to have experienced or be about to experience actual or threatened severe unemployment or economic adjustment problems in order to be eligible for grants for public works and economic development or economic adjustment. Requires from such applicants: (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. Revises conditions under which areas may be designated as economic development districts by the Secretary. Retains: (1) existing incentives for increasing grant assistance in districts where participants are actively participating in economic development activities and the project is consistent with the district's comprehensive economic development strategy; and (2) provisions authorizing assistance to parts of districts not in eligible areas. Directs the Secretary to carry out this Act through an Assistant Secretary of Commerce for Economic Development who shall serve as the Administrator of the Economic Development Administration. Directs the Secretary to maintain an information clearinghouse on all matters relating to economic development and adjustment, disaster recovery, defense conversion, and trade adjustment programs and activities of Federal and State governments and to assist applicants for such assistance. Authorizes the Secretary to furnish procurement divisions of the Federal Government with a list of business firms located in distressed areas that desire Federal contracts. Requires the Secretary to conduct reviews of university centers that receive grant assistance under this Act to assess their performance and contribution toward retention and creation of employment. Provides for penalty, administrative, and recordkeeping provisions similar to those under existing law. Authorizes appropriations for FY 1999 through 2003. Authorizes additional appropriations for defense conversion activities and disaster economic recovery activities. Repeals provisions of the Act regarding economic recovery for disaster areas, special economic development and adjustment assistance, and the job opportunities program.
United States · United States Congress · 28 July 1998
Amends the Internal Revenue Code to disregard certain Native American housing assistance in determining whether a building is federally subsidized for low-income housing credit purposes.
United States · United States Congress · 27 July 1998
Declares that the Congress honors the memory of Detective John Michael Gibson and Private First Class Jacob Joseph Chestnut of the U.S. Capitol Police for the selfless acts of heroism they displayed on July 24, 1998, in sacrificing their lives in the line of duty so that others might live. Provides that, when the Senate and the House of Representatives adjourn on this date, they shall do so out of respect for the memory of Officers Gibson and Chestnut.
United States · United States Congress · 27 July 1998
Authorizes the use of the rotunda of the Capitol for a memorial service for Detective John Michael Gibson and Private First Class Jacob Joseph Chestnut of the U.S. Capitol Police. Directs the Architect of the Capitol to place a plaque in honor of the memory of Officers Gibson and Chestnut at an appropriate site in the U.S. Capitol, with the approval of the Speaker of the House of Representatives and the President Pro Tempore of the Senate. Directs the Sergeant at Arms of the House of Representatives to make arrangements for funeral services for Officers Gibson and Chestnut, including payments for travel expenses of immediate family members, and for expenses incurred by Members of the House of Representatives in attending such services. Directs the Chief Administrative Officer of the House of Representatives to pay survivor's gratuities to the widows of Officers Gibson and Chestnut. Expresses the sense of the Congress that there should be established under law a U.S. Capitol Police Memorial Fund for the surviving spouses and children of members of the U.S. Capitol Police who are slain in the line of duty.
United States · United States Congress · 22 July 1998
Expresses the sense of the Senate that October 15, 1998, should be designated as National Inhalant Abuse Awareness Day, to be observed with appropriate activities. Requests the President to issue a proclamation designating such Day.
United States · United States Congress · 21 July 1998
Agricultural Job Opportunity Benefits and Security Act of 1998 - Directs the Secretary of Labor to establish a database system of U.S. agricultural worker registries to provide temporary and seasonal agricultural job opportunity and referral information. Bases registry coverage on job opportunities in a State or group of contiguous States with a common pool of workers. Sets forth individual registrant requirements, including validation of employment status. (Sec. 4) Requires an employer (including employer associations) prior to hiring a temporary agricultural worker to apply to the Secretary for a U.S. worker referral from the appropriate registry. Sets forth provisions regarding: (1) employer application and labor- related assurance requirements; and (2) registry search and worker referral by the Secretary, including alien worker visa issuances in cases of insufficient registered workers. (Sec. 7) Sets forth employer requirements regarding: (1) wages; (2) housing, including an allowance in lieu of housing; and (3) transportation reimbursement, including establishment of a pilot program to provide certain registered workers with vouchers to purchase employment location transportation. (Sec. 8) Directs the Secretary to establish an enforcement process with respect to employer application violations, including: (1) written notice of finding and opportunity for administrative appeal; (2) payment of back wages; (3) civil monetary penalties; and (4) temporary and permanent program disqualification. (Sec. 9) Amends the Immigration and Nationality Act to replace the existing H-2A temporary agricultural worker admissions program with an alternative admissions program. Sets forth provisions regarding: (1) admissibility criteria; (2) length of stay; (3) abandonment of employment; (4) issuance of identification and employment documents; and (5) extension of stay for aliens in the United States. Establishes a trust fund in the Treasury to administer such program, and to provide monetary incentives for alien workers to return to their country of origin upon a finding by the Attorney General that such financial inducements are necessary to assure departures. Prohibits admission of H-2A alien family members. (Sec. 10) Includes certain H-2A workers who have complied with applicable visa conditions in the employment-based immigration preference allocation. (Sec. 11) Amends the Head Start Act to make certain seasonal agricultural worker families eligible for the migrant and seasonal (as added by this section) Head Start program. Increases the set-aside for specified Head Start programs. (Sec. 13) States that additional funds for the registry program, if necessary, shall come from amounts available to Federal and State entities under the Wagner-Peyser Act.
United States · United States Congress · 13 July 1998
Amends the Older Americans Act of 1965 to extend through FY 2001 the authorization of appropriations for: (1) the Federal Council on the Aging; (2) administration; (3) grants for State and community programs on aging; (4) the availability of surplus commodities; (5) training, research, and discretionary projects and programs; (6) community service employment for older Americans; (7) grants for Native Americans; (8) allotments for Vulnerable Elder Rights Protection activities; and (9) the Native American program.
United States · United States Congress · 10 July 1998
Grand Jury Reform Act of 1998 - Amends rule 6 of the Federal Rules of Criminal Procedure to direct the court, upon impaneling a grand jury, to instruct and charge it on the rights, responsibilities, and duties of the grand jury. Grants the court the authority to investigate violations under such rule, including the authority to appoint counsel to investigate and report to the court regarding violations. Directs that a witness subpoenaed to testify or produce information at any proceeding before a grand jury impaneled before a district court be given reasonable notice of: (1) the right to counsel; (2) privilege against self-incrimination; (3) the subject matter of the investigation; (4) whether the juror's conduct is under investigation; (5) the criminal statute the violation of which is under consideration (if known at the time); and (6) rights regarding immunity. Allows the assistance of counsel for each witness subpoenaed to appear and testify, or to produce documents or other objects, before a grand jury in a district court during such time as the witness is questioned in the grand jury room. Provides for the appointment of counsel in the case of a witness who is determined by the court to be financially unable to obtain counsel. Sets forth provisions regarding powers and duties of counsel, powers of the court, required disclosure of exculpatory evidence, and availability of grand jury transcripts and other statements.
United States · United States Congress · 10 July 1998
TABLE OF CONTENTS: Title I: Retail Electric Service Title II: Facilitating State and Regional Regulation Title III: Public Benefits Title IV: Regulation of Mergers and Corporate Structure Title V: Electric Reliability Comprehensive Electricity Competition Act - Title I: Retail Electric Service - Amends the Public Utilities Regulatory Policies Act of 1978 (PURPA) to set a specified date by which each electric energy distribution facility is required to offer consumers open access to its facilities for electric energy sales (retail competition requirement). (Sec. 101) Authorizes a State regulatory authority to direct a distribution utility not to implement the retail competition requirement if it finds that implementation would have a negative impact upon a class of customers that cannot be reasonably mitigated. Authorizes a nonregulated distribution utility on its own to make the same determination. Requires a State regulatory authority that conducts a public proceeding before a distribution utility implements retail competition to consider recovery of stranded retail costs by such utility if the utility has taken reasonable steps to mitigate such costs. Authorizes any person to bring an action for noncompliance with this Act in State court against either a State regulatory authority, distribution utility, or a nonregulated distribution utility. (Sec. 102) Authorizes a State regulatory authority to prohibit any other distribution utility (and affiliate) located in the United States over which it does not have ratemaking authority from selling electric energy to electric consumers of a distribution facility covered by the notice of retail competition, unless a notice of retail competition has been filed with respect to the other distribution utility (reciprocity requirements). Grants the same authority to a nonregulated distribution utility. (Sec. 103) Prescribes guidelines for consumer information disclosure by an electric utility and attendant enforcement by State and Federal agencies. Title II: Facilitating State and Regional Regulation - Amends the Federal Power Act (FPA) to declare it does not preempt or otherwise affect any authority under State or local municipal law to: (1) require unbundled transmission and local distribution services for electric energy delivery directly to an ultimate consumer; or (2) impose a delivery charge on such consumer's receipt of electric energy. Retains the exclusive jurisdiction of the Federal Energy Regulatory Commission (FERC) over unbundled transmission in interstate commerce. (Sec. 201) Authorizes FERC to: (1) require public utilities and transmitting utilities to provide open access transmission services; (2) permit recovery of stranded costs arising from any requirement to provide open access transmission services; and (3) require the transmission of electric energy to an ultimate consumer if a notice of retail competition is in effect with respect to such consumer, or if a distribution utility offers such consumer open access to its delivery facilities. Prescribes guidelines for FERC's exercise of jurisdiction over rates, terms, and conditions for transmission services provided by a non-public transmitting utility. (Sec. 202) Grants the consent of the Congress to an interstate compact to establish a regional transmission planning agency subject to specified FERC determinations. (Sec. 203) Cites circumstances under which: (1) a State regulatory authority and specified distribution utilities may receive backup authority from FERC to impose a charge upon an ultimate consumer's receipt of electric energy; (2) FERC may order the establishment of an entity to independently operate and control interconnected transmission facilities; and (3) order a transmitting utility to relinquish to such entity operating control over its transmission facilities. Title III: Public Benefits - Amends PURPA to establish a Federal- State Joint Board Public Benefits Fund upon petition of States and tribal governments wishing to participate in a Federal program providing: (1) affordable electricity service to low-income customers; (2) implementation of energy conservation, efficiency, and management measures; (3) consumer education; and (4) development of emerging electricity generation technologies. Prescribes implementation guidelines, including mandatory payment of a public benefits charge to a transmitting utility by each owner of an electric generating facility whose capacity exceeds one megawatt. (Sec. 302) Sets a deadline by which a retail electric supplier shall submit to the Secretary of Energy (Secretary) Renewable Energy Credits equal to the required annual percentage (determined by the Secretary) of total electric energy sold by such supplier to electric consumers in the calendar year. Prescribes implementation guidelines. (Sec. 303) Requires each retail electric supplier to make available upon request net metering service to any retail electric consumer served or solicited by the supplier. Requires a distribution utility to permit the interconnection to its distribution system of an on-site generating facility if such facility meets Federal safety and power quality standards. Authorizes State imposition of: (1) additional requirements; and (2) a cap limiting the amount of net metering available in the State. (Sec. 304) Declares that an electric utility shall no longer be required to enter into a new contract or obligation to purchase electric energy from cogeneration and small power production facilities. Title IV: Regulation of Mergers and Corporate Structure - Repeals the Public Utility Holding Company Act of 1935. (Sec. 401) Public Utility Holding Company Act of 1998 - Prescribes procedural guidelines for both FERC and State access to records of a holding company (including subsidiaries, associates and affiliates) of a public utility or natural gas company. Precludes such State access to any person that is a holding company solely by reason of ownership of one or more qualifying facilities under PURPA. Instructs FERC to promulgate a final rule to exempt specified holding companies from such access requirements. Requires FERC to exempt any person or transaction from such access requirements if it finds that regulation of such person or transaction is irrelevant to the jurisdictional rates of a public utility or natural gas company. Retains the jurisdiction of FERC and State commissions to determine whether a public utility company or natural gas company may recover in rates any costs of affiliate transactions. Declares this Act inapplicable to: (1) the Government of the United States; (2) a State or its political subdivision; and (3) a foreign governmental authority not operating in the United States. Grants FERC certain Federal Power Act enforcement powers. Transfers from the Securities and Exchange Commission to FERC all books and records that relate primarily to the functions vested in FERC by this Act. Authorizes appropriations. Amends the Federal Power Act to repeal its conflict of jurisdiction guidelines. (Sec. 402) Conditions electric company mergers and acquisitions upon prior FERC authorization. Subjects generation facilities to FERC jurisdiction. (Sec. 403) Requires FERC to order a public utility to submit a remedial action plan to remedy market power if: (1) FERC determines that there are markets in which a utility that owns or controls generation facilities has market power in electric energy sales for resale in interstate commerce; or (2), pursuant to State request for such an order, FERC determines that a generation facility-owning or - controlling electric utility has market power in retail electric energy sales in that State. Prescribes procedural guidelines. Title V: Electric Reliability - Grants FERC jurisdiction over the electric reliability organization, all system operators, and all users of the bulk-power system for purposes of approving and enforcing compliance with standards in the United States. Authorizes FERC to register an electric reliability organization and to approve and oversee its activities. (Sec. 501) Requires a bulk-power system user to comply with standards established by the North American Electric Reliability Council and regional reliability councils. Prescribes implementation guidelines for registration and establishment of standards for such organization. Authorizes the United States to enter into international agreements with the governments of Canada and Mexico to effectuate compliance. Requires every system operator to be a member of the electric reliability organization. Empowers such electric reliability organization to take disciplinary and enforcement action. Directs such organization to assess periodically the reliability and adequacy of the inter-connected bulk-power system in North America, and to report its findings and recommendations annually to FERC. (Sec. 502) Declares that any reliability standard developed by the reliability organization, and any actions taken in good faith to comply with a reliability standard under the FPA, are rebuttably presumed just and reasonable and not unduly discriminatory or preferential for purposes of that Act. Creates a rebuttable presumption of compliance with Federal anti- trust laws for activities conducted by the electric reliability organization or a member under the FPA. Title VI: Environmental Protection - Instructs the Administrator of the Environmental Protection Agency, in specified circumstances, to establish and administer an oxide of nitrogen (NOx) allowance cap and trade program in all States in which an NOx emission source is located. Prescribes program implementation guidelines. Title VII: Other Regulatory Provisions - Amends Federal bankruptcy law to: (1) grant priority status to obligations to comply with, and claims resulting from compliance with, Nuclear Regulatory Commission (NRC) regulations or orders governing the decontamination and decommissioning of licensed nuclear power reactors; and (2) prohibit discharge of such obligations and claims under State or Federal bankruptcy law. (Sec. 702) Amends the Department of Energy Organization Act to instruct the Administrator of the Energy Information Administration to collect and publish information regarding the impact of wholesale and retail competition upon the electric power industry. (Sec. 704) Eliminates the mandate for antitrust review by the NRC with respect to license applications to construct or operate a commercial utilization or production facility.
United States · United States Congress · 9 July 1998
TABLE OF CONTENTS: Title I: Assistance for Sub-Saharan Africa Title II: Worldwide Food Assistance and Agricultural Programs Subtitle A: Nonemergency Food Assistance Programs Subtitle B: Bill Emerson Humanitarian Trust Act of 1998 Title III: Miscellaneous Provisions Africa: Seeds of Hope Act of 1998 - Declares it to be U.S. policy, consistent with title XII of part I of the Foreign Assistance Act, to support governments of sub-Saharan African countries, U.S. and African nongovernmental organizations, universities, businesses, and international agencies to help ensure the availability of basic nutrition and economic opportunities for sub-Saharan individuals, through sustainable agricultural and rural development. Title I: Assistance for Sub-Saharan Africa - Directs the Administrator of the U.S. Agency for International Development (AID), in providing development assistance under the Africa Food Security Initiative, or any comparable or successor program, to: (1) emphasize programs and projects that improve the food security of children, women, and food-insecure households, or that improve the agricultural productivity, incomes, and marketing of the rural poor in Africa; (2) solicit and take into consideration the views and needs of intended beneficiaries and program participants during the selection, planning, implementation, and evaluation phases of projects; and (3) ensure that programs are designed and conducted in cooperation with African and U.S. organizations and institutions (such as private and voluntary organizations, cooperatives, land-grant and other appropriate universities, and local producer-owned cooperative marketing and buying associations) that have expertise in addressing the needs of the poor, small-scale farmers, entrepreneurs, and rural workers, including women. (Sec. 101) Expresses the sense of the Congress that, if there is an increase in funding for sub-Saharan programs, the Administrator of AID should proportionately increase resources to the Africa Food Security Initiative, or any comparable or successor program, for FY 2000 and subsequent fiscal years in order to meet the needs of the countries participating in such Initiative. (Sec. 102) Directs the Administrator of AID to use, through bilateral and multilateral assistance, microenterprise assistance (including credit) to improve the capacity and efficiency of agricultural production in sub-Saharan Africa of small-scale farmers and small rural entrepreneurs (specifically taking into consideration the needs of women, and using the applied research and technical assistance capabilities of U.S. land-grant universities). (Sec. 103) Authorizes the Administrator of AID to utilize foreign assistance programs and initiatives for sub-Saharan Africa to support private producer-owned cooperative marketing associations there, including rural business associations owned by farmer shareholders. (Sec. 104) Expresses the sense of the Congress that the Overseas Private Investment Corporation (OPIC) should issue loans, guaranties, and insurance, and utilize existing equity funds and loan and insurance funds, to support private agricultural and rural development in sub-Saharan Africa (particularly intermediary organizations that directly serve the needs of small-scale farmers, small rural entrepreneurs, and rural producer-owned cooperative purchasing and marketing associations). (Sec. 105) Directs the Administrator of AID to develop a comprehensive plan to coordinate and build on the research and extension activities of U.S. land-grant universities, international agricultural research centers, and national agricultural research and extension centers in sub-Saharan Africa. Title II: Worldwide Food Assistance and Agricultural Programs - Subtitle A: Non-Emergency Food Assistance Programs - Sets forth general requirements for the administration of non-emergency assistance programs under title II of the Agricultural Trade Development and Assistance Act of 1954. Subtitle B: Bill Emerson Humanitarian Trust Act of 1998 - Bill Emerson Humanitarian Trust Act of 1998 - Amends the Food Security Commodity Reserve Act of 1996 and the Food Security Wheat Reserve Act of 1980 to rename specified provisions of the Food for Development Program as the Bill Emerson Humanitarian Trust Act. (Sec. 212) Includes, as part of the established trust stock of wheat, rice, corn, or sorghum used to meet emergency humanitarian food needs in developing countries, certain funds for Commodity Credit Corporation programs under the Agricultural Trade Development and Assistance Act of 1954 that are available to acquire such eligible commodities through purchases from producers or in the market to replenish the trust. Authorizes the release of eligible commodities from the trust for emergency food assistance to developing countries, provided such release is at levels consistent with maintaining the long-term value of the trust. Makes permanent the authority for the trust. Title III: Miscellaneous Provisions - Directs the Administrator of AID to report to the Congress on AID's plans for implementing the Africa Food Security Initiative and an estimate of all amounts expended or to be expended on related activities during the current and previous four years.
United States · United States Congress · 25 June 1998
Establishes the Little Rock Central High School National Historic Site, Arkansas, as a unit of the National Park System. Requires the Secretary of the Interior, within two years after funds are made available, to: (1) prepare a general management plan for the Site; and (2) prepare and transmit to specified congressional committees a National Historic Landmark Theme Study on the history of desegregation in public education. Requires the Secretary, on the basis of the study, to identify possible new national historic landmarks appropriate to this theme and prepare a list in order of importance or merit of the most appropriate sites for national historic landmark designation. Authorizes appropriations.
United States · United States Congress · 23 June 1998
Lewis and Clark Expedition Bicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar and half-dollar coins emblematic of the expedition of Lewis and Clark. Allocates surcharges from coin sales between the National Lewis and Clark Bicentennial Council and the National Park Service for activities associated with the bicentennial commemoration of the expedition.
United States · United States Congress · 19 June 1998
Cardiac Arrest Survival Act - Amends the Public Health Service Act with respect to emergency medical services (EMS). Requires programs for emergency medical services and preventive, diagnostic, therapeutic, and rehabilitative approaches to include: (1) development and dissemination of a core content for a model State training program applicable to cardiac arrest for inclusion in EMS educational curricula and training programs that address lifesaving interventions, including cardiopulmonary resuscitation and defibrillation; (2) a limited demonstration project to provide training in such core content; (3) identification of cardiac arrest care providers; (4) identification of equipment and supplies that should be accessible to such providers to permit lifesaving interventions; (5) development of model State and Federal legislation; and (6) coordination of a national database for reporting and collecting information on the incidence of cardiac arrest and related issues. Prescribes guidelines for the core content of the model State training program. Declares that the purpose of the model legislation is to ensure: (1) access to EMS through consideration of a requirement for public placement of lifesaving equipment; and (2) good samaritan immunity for cardiac arrest care providers, those involved with the instruction of the training programs, and owners and managers of property where equipment is placed.
United States · United States Congress · 17 June 1998
Repeals the National Endowment for Democracy Act. Prohibits Federal agencies from expending funds for assistance for the National Endowment for Democracy (NED). Directs the Comptroller General to audit funds granted to NED by the U.S. Government that have not been audited previously. Provides that a specified provision of the National Endowment for Democracy Act requiring compliance by NED with the Freedom of Information Act shall continue to apply with respect to funds received by NED on or before this Act's enactment date.
United States · United States Congress · 17 June 1998
Amends the Internal Revenue Code, with respect to tax-exempt bond financing of certain electric facilities, to revise the definition of private business use to exclude a permitted open access transaction. Defines such a transaction. Permits, as specified, the termination or suspension of tax-exempt bond financing for certain electric output facilities.
United States · United States Congress · 16 June 1998
Directs the Federal Energy Regulatory Commission, upon request of a specified licensee, to extend the time required for commencement of construction of a specified hydroelectric project in Arkansas for a maximum of three consecutive two-year periods.
United States · United States Congress · 16 June 1998
Superfund Recycling Equity Act of 1998 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental regulations or standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard or if such material is an item of scrap paper containing, at the time of recycling, a concentration of a hazardous substance determined to present a significant human health or environmental risk.
United States · United States Congress · 11 June 1998
Amends the Small Business Act to increase for each of FY 1999 through 2001 the authorization of appropriations for women's business center program projects.
United States · United States Congress · 10 June 1998
Microcredit for Self-Sufficiency Act of 1998 - Authorizes the President to establish programs to provide through U.S. private voluntary organizations (PVOs) and other U.S. and indigenous nongovernmental organizations and credit institutions credit and other assistance for microenterprises in developing countries. Sets forth assistance eligibility criteria. Authorizes funding allocations. Directs the Administrator of the U.S. Agency for International Development (AID), in order to sustain the impact of such assistance, to establish a monitoring system that sets certain performance goals and provides a basis for recommendations for adjustments to enhance its benefit for the very poor, particularly women.
United States · United States Congress · 7 May 1998
Amends the 1998 Supplemental Appropriations and Rescissions Act to repeal a certain limitation on the use of appropriations to issue a notice of final rulemaking with respect to crude oil valuation for royalty purposes.
United States · United States Congress · 4 May 1998
Grand Jury Due Process Act - Amends rule 6 of the Federal Rules of Criminal Procedure to allow: (1) each witness subpoenaed to appear and testify before a grand jury in a district court, or to produce books, papers, documents, or other objects before that grand jury, to be allowed the assistance of counsel during such time as the witness is questioned in the grand jury room; and (2) counsel for such a witness to be retained by the witness (or, in the case of a witness who is determined by the court to be financially unable to obtain counsel, directs that counsel be appointed). Allows such counsel to be present in the grand jury room only during the questioning of the witness and only to advise the witness. Prohibits such counsel from: (1) addressing the Government attorney or any grand juror or otherwise participating in the grand jury proceedings; and (2) representing more than one client in such a proceeding if the exercise of counsel's independent judgment on behalf of one or both clients will be, or is likely to be, adversely affected by the representation of another client. Authorizes the court, upon determining that counsel retained by or appointed for such witness has violated such provisions, or as necessary to ensure that grand jury activities are not unduly delayed or impeded, to: (1) remove the counsel and either appoint new counsel or order the witness to obtain new counsel; and (2) order separate representation of the witnesses at issue, under specified circumstances. Directs that, upon service of any subpoena requiring any witness to testify or produce information at any proceeding before a grand jury impaneled before a district court, the witness be given adequate and reasonable notice of the right to the presence of counsel in the grand jury room.
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 · 23 April 1998
Telephone Privacy Act of 1998 - Amends the Federal criminal code to permit a person to intercept an oral, wire, or electronic communication where: (1) all parties (currently, one party) to the communication have given prior consent; or (2) such person is a party to the communication and the communication conveys threats of physical harm, harassment, or intimidation.
United States · United States Congress · 2 April 1998
Technical Workers Fairness Act of 1998 - Amends the Revenue Act of 1978, as amended by the Tax Reform Act of 1986, with respect to the standards that a taxpayer must apply to treat certain individuals as not being employees for employment tax purposes. Repeals the exception to such standards for an individual who, pursuant to an arrangement between the taxpayer and another person, provides services for such other person as an engineer, designer, drafter, computer programmer, systems analyst, or other similarly skilled worker (technical worker) engaged in a similar line of work. (Thus, restores the standards used for determining whether technical workers are not employees as in effect before the Tax Reform Act of 1986.)
United States · United States Congress · 31 March 1998
Amends Federal criminal law to make it unlawful for any person to import a large capacity ammunition feeding device. Extends the ban on the transfer of such devices to those manufactured before enactment of the ban.
United States · United States Congress · 19 March 1998
Fair Minimum Wage Act of 1998 - Amends the Fair Labor Standards Act of 1938 to increase the Federal minimum wage (currently $5.15 per hour) to: (1) $5.65 an hour during the year 1999; and (2) $6.15 an hour during the year 2000.
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 · 4 March 1998
Safety of Imported Food Act of 1998 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to deem imported food adulterated if it has not been prepared, packed, and held under conditions meeting FDCA requirements (or conditions otherwise achieving the protection required) for domestic food. Allows consideration of whether inspection, testing, or other procedures have been refused. Allows importation denial on the basis of such refusal and other relevant factors.
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 · 12 February 1998
Historic Battleship Preservation Act - Amends the National Defense Authorization Act for Fiscal Year 1996 to repeal a requirement that the Secretary of the Navy list on the Naval Vessel Register at least two of the Iowa-class battleships that were stricken from such Register in February 1995.
United States · United States Congress · 4 February 1998
TABLE OF CONTENTS: Title I: Improving the Affordability of Child Care Title II: Enhancing the Quality of Child Care and Early Childhood Development Title III: Expanding the Availability and Quality of School- Age Child Care Title IV: Supporting Family Choices in Child Care Title V: Encouraging Private Sector Involvement Title VI: Ensuring the Quality of Federal Child Care Centers Child Care ACCESS (Affordable Child Care for Early Success and Security) Act - Title I: Improving the Affordability of Child Care - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to make increased appropriations for State child care assistance grants for FY 1999 through 2003. Title II: Enhancing the Quality of Child Care and Early Childhood Development - Creates under TANF a State grant program for improving the quality of child care and early childhood development. Makes appropriations for FY 1999 through 2003. Title III: Expanding the Availability and Quality of School-Age Child Care - Establishes under TANF a State grant program for increasing the availability and quality of school-age child care. Makes appropriations for FY 1999 through 2003. (Sec. 301) Amends the Child Care and Development Block Grant Act of 1990 to increase from 13 to 16 the maximum age of an eligible child under the child care and development block grant program. (Sec. 302) Amends the 21st Century Community Learning Centers Act to: (1) direct the Secretary of Education to give priority to rural, urban, and low-income communities in awarding grants to public elementary and secondary schools for projects that benefit the educational, health, social services, cultural, and recreational needs of the community; (2) revise grant application requirements; (3) change from four to one the minimum number of specified activities for which community learning center grant funds may be used; (4) change children's day care services to child care services; and (5) authorize increased appropriations for 21st century community learning centers. Title IV: Supporting Family Choices in Child Care - Amends the Internal Revenue Code to: (1) revise the formula to increase the dependent care income tax credit for certain taxpayers, indexed for inflation, with an even greater credit for employment-related dependent care expenses; (2) allow a minimum dependent care income tax credit for stay-at-home parents; and (3) provide for advance payment by the employer of an employee's dependent care income tax credit. (Sec. 404) Amends the Family and Medical Leave Act of 1993 to cover employers of at least 25 (currently 50) employees. Title V: Encouraging Private Sector Involvement - Amends the Internal Revenue Code to provide an income tax credit for 25 percent of an employer qualified child care expenditures. (Sec. 502) Directs the Secretary of Health and Human Services to establish a program to award grants to local communities for the purpose of expanding the availability and improving the quality of child care on a community-wide basis. Authorizes appropriations. Title VI: Ensuring the Quality of Federal Child Care Centers - Requires the Administrator of the General Services Administration (GSA) for the executive branch, the Architect of the Capitol for the legislative branch, and the Administrator of the Administrative Office of the U.S. Courts for the judicial branch to issue regulations to establish standards and ensure quality child care for Federal employees through accredited child care centers. (Sec. 601) Directs the GSA Administrator to establish an interagency council to facilitate cooperation and sharing of best practices among the three branches, and to develop and coordinate policy, regarding the provision of child care in the Federal Government. Authorizes appropriations.
United States · United States Congress · 29 January 1998
Consumer and Main Street Protection Act of 1997 - Authorizes States to require a person who is subject to the personal jurisdiction of the State to collect and remit a State sales tax, a local sales tax, or both, with respect to tangible personal property if: (1) the destination of the tangible personal property is in the State; (2) during the preceding year, the person has gross receipts from sales of such tangible personal property in the United States exceeding $3 million or in the State exceeding $100,000; and (3) the State, on behalf of its local jurisdictions, collects and administers all local sales taxes imposed pursuant to this Act. Provides for treatment of local sales taxes, return and remittance requirements, and application of State law. Provides that a State shall not have power to require any person to collect a State or local sales tax unless the State has a toll-free telephone service to provide information relating to the collection of such tax.
United States · United States Congress · 29 January 1998
Biomedical Revitalization Resolution of 1998 - Expresses the sense of the Senate that funding for the National Institutes of Health should be increased by $2 billion in FY 1999.
United States · United States Congress · 13 November 1997
Hate Crimes Prevention Act of 1998 - 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 · 9 November 1997
National Drunk Driving Protection Act - Requires the transfer of certain Federal highway funds from Federal-aid highway and highway safety construction programs, and Federal surface transportation program apportionments to a State's highway safety program apportionment if the State fails, before FY 2001, to prohibit open containers of alcoholic beverages and consumption of such beverages in the passenger area of motor vehicles on public highways.
![Official portrait of Sen. Bumpers, Dale [D-AR]](https://www.congress.gov/img/member/b001057_200.jpg)