United States · United States Congress · 19 January 1999
Small Business Investment and Growth Act - Amends the Internal Revenue Code to establish, as specified, a maximum taxable S corporation tax. Establishes a special rule for a qualified personal service corporation. Requires each S corporation to establish a qualified retained earnings account. Allows qualified distributions from such a qualified retained earnings account to the owners to enable the S corporation shareholder to pay income taxes. Requires regulations to establish a presumption that distributions are to pay income taxes if such distributions do not exceed 34 percent of qualified taxable S corporation income. Provides for an additional tax on nonqualified distributions.
United States · United States Congress · 19 January 1999
Capital Gains and Dividend Income Reform Act of 1998 - Amends the Internal Revenue Code to revise rules concerning capital gain for taxpayers other than corporations to establish a new general rule which provides that if for any taxable year a taxpayer other than a corporation has a capital gain, 70 percent of such gain shall be a deduction from gross income. Reduces the alternative capital gain tax for corporations. Excludes from individual gross income 70 percent of dividends received from a domestic corporation.
United States · United States Congress · 19 January 1999
Small Business Enhancement Act of 1999 - Directs the U.S. Trade Representative to establish a new position of Assistant U.S. Trade Representative for Small Business to promote exports by small businesses and to remove foreign impediments to the success of such undertakings. Amends the Congressional Budget Act of 1974 to require the Director of the Congressional Budget Office, to the extent practicable, to prepare for each reported public bill or resolution a small business cost analysis.
United States · United States Congress · 19 January 1999
Direct Check for Education Act - Authorizes the Secretary of Education to make direct awards to local educational agencies (LEAs) to support programs or activities, that the LEA deems appropriate, for students in kindergarten through grade 12. Authorizes appropriations. Directs the Secretary to use funds under this Act to continue to make payments to eligible recipients pursuant to, and for the duration of, any multiyear award made prior to enactment of this Act. Repeals the Goals 2000: Educate America Act. Repeals certain provisions of the Department of Education Appropriations Act, 1999 which vested in the National Assessment Governing Board exclusive authority for developing voluntary national tests pursuant to a specified contract. Repeals the following programs under the Elementary and Secondary Education Act of 1965: (1) the Technology for Education program, including national programs, State and local programs for school technology resources, Star Schools, Ready-to-Learn Television, telecommunications demonstration project for mathematics, elementary mathematics and science equipment, and elementary and secondary school library media resources; (2) the State programs component of Innovative Education Program Strategies; and (3) the Fund for the Improvement of Education. Repeals the School-to-Work Opportunities Act of 1994. Directs the Secretary to determine a per-child amount to be awarded to each LEA. Authorizes the Secretary to conduct audits of LEA expenditures under this Act and to enforce certain sanctions and penalties if such funds are not used in accordance with this Act.
United States · United States Congress · 19 January 1999
Collegiate Learning and Student Savings Act - Amends the Internal Revenue Code to: (1) permit private higher educational institutions, in addition to currently permitted State institutions, to establish qualified tuition programs; and (2) exclude from gross income such program distributions used for qualified higher education expenses. Amends the Investment Company Act of 1940 to exempt qualified tuition programs from the definition of an investment company.
United States · United States Congress · 19 January 1999
Education Savings Account and School Excellence Act of 1999 - Amends the Internal Revenue Code, with respect to education individual retirement accounts (IRAs), to: (1) permit distributions for qualified elementary and secondary education expenses, including home schooling expenses; and (2) increase (through December 31, 2002) the annual contribution limit from $500 to $2,000. Waives the beneficiary age limitation (18) for contributions on behalf of special needs beneficiaries. Permits corporations to contribute to education IRAs.
United States · United States Congress · 19 January 1999
Constitutional Amendment - Requires a two-thirds vote of each House of the Congress in order to pass any bill levying a new tax or increasing the rate or base of any tax. Allows the Congress to waive that requirement during war or certain military conflict. Requires all votes under this Amendment to be by yeas and nays and the names of persons voting for and against to be entered in the Journal of each House.
United States · United States Congress · 9 October 1998
Expresses the sense of the Senate regarding drug control policy, including regarding: (1) methadone and heroin; and (2) alternative approaches to curing heroin addiction.
United States · United States Congress · 29 September 1998
Calls upon the President to: (1) pursue enhanced enforcement of U.S. trade laws with respect to the increase in steel imports into the United States, including imposition of offsetting duties, quantitative restrictions, and other appropriate remedial measures; (2) pursue with all methods at the President's disposal to achieve a more equitable sharing of the burden of accepting imports of finished steel products from Asia and the independent states of the former Soviet Union; (3) establish a task force that has responsibility for closely monitoring U.S. imports of steel; and (4) report to the Congress by January 5, 1999, with a comprehensive plan for responding to the increase in steel imports, including ways of limiting the deleterious effects on employment, prices, and investment in the U.S. steel industry.
United States · United States Congress · 28 September 1998
TABLE OF CONTENTS: Title I: Enhanced Source and Transit Country Coverage Title II: Enhanced Eradication and Interdiction Strategy in Source Countries Title III: Enhanced Alternative Crop Development Support in Source Zone Title IV: Enhanced International Law Enforcement Training Title V: Enhanced Drug Transit and Source Zone Law Enforcement Operations and Equipment Title VI: Relationship to Other Laws Title VII: Criminal Background Checks on Port Employees Title VIII: Drug Currency Forfeitures Western Hemisphere Drug Elimination Act - Declares that it is U.S. policy to: (1) reduce the supply of drugs and drug use through an enhanced drug interdiction effort in the major drug transit countries and support a comprehensive supply country eradication and crop substitution program, because a commitment of increased resources in international drug interdiction efforts will create a balanced national drug control strategy among demand reduction, law enforcement, and international drug interdiction efforts; and (2) develop and establish comprehensive drug interdiction and drug eradication strategies, and dedicate the resources necessary to reduce the flow of illegal drugs into the United States by 80 percent by December 31, 2001. Title I: Enhanced Source and Transit Country Coverage - Authorizes appropriations for FY 1999 through 2001 for the Department of the Treasury for the enhancement of radar coverage in drug source and transit countries. (Sec. 101) Directs the Secretary of Defense to examine and report to specified congressional committees on the options available to the United States for improving Relocatable Over the Horizon (ROTHR) capability to provide enhanced radar coverage of narcotics source zone countries in South America and transit zones in the Eastern Pacific. (Sec. 102) Authorizes appropriations for FY 1999 through 2001 to the Secretary of Transportation for operating expenses of the Coast Guard (including acquisition, construction, and improvement of facilities and equipment) associated with expansion of drug interdiction activities around Puerto Rico, the U.S. Virgin Islands, and other transit zone areas of operation. Directs the Secretary to accept seven patrol craft for use by the Coast Guard for expanded drug interdiction activities. (Sec. 103) Authorizes appropriations for FY 1999 through 2001 for the Department of the Treasury for the enhancement of air coverage and operation for drug source and transit countries. Directs the Secretary of Defense to examine and report to specified congressional committees on the available options in the source and transit zones to replace Howard Air Force Base in Panama, specifying U.S. requirements to establish an airbase or airbases for use in support of counternarcotics operations to optimize operational effectiveness in the source and transit zones. Directs the Secretary of the Navy to transfer to the U.S. Customs Service 20 currently retired and previously identified heavyweight P- 3B aircraft for modification, half into P-3 AEW&C aircraft and half into P-3 Slick aircraft. q04q Title II: Enhanced Eradication and Interdiction Strategy in Source Countries - Authorizes appropriations for FY 1999 through 2001 for the Department of State for the enhancement of drug-related eradication efforts in Colombia. (Sec. 201) Prohibits U.S. counternarcotics assistance to the Government of Colombia if it negotiates or permits the establishment of any demilitarized zone in which the eradication of drug production by Colombian security forces (including the Colombian National Police antinarcotics unit) is prohibited. (Sec. 202) Authorizes appropriations for FY 1999 through 2001 for the Department of State for the establishment of a third drug interdiction site in Peru to support air bridge and riverine missions for enhancement of drug-related eradication efforts. Directs the Secretary of Defense to study and report to the Congress on Peruvian counternarcotics air interdiction requirements. (Sec. 203) Authorizes appropriations for FY 1999 through 2001 for the Department of State for enhancement of drug-related eradication efforts in Bolivia. (Sec. 204) Authorizes appropriations for FY 1999 through 2001 for enhanced precursor chemical control projects. (Sec. 205) Expresses the sense of the Congress that any individual serving as an assistant secretary of any Federal agency or department who has primary responsibility for international narcotics control and law enforcement (including the principal deputy of any such assistant) shall have substantial professional qualifications in the fields of management and Federal law enforcement or intelligence. Declares that the Department of Defense (DOD) shall be the principle agency responsible for implementation and processing of counternarcotics foreign military sales requests (with the Department of State having a consultative role in such requests). Expresses the sense of the Congress that the responsiveness and effectiveness of Department of State international narcotics assistance activities have been hampered due, in part, to the lack of law enforcement expertise by responsible Department of State personnel. Title III: Enhanced Alternative Crop Development Support in Source Zone - Authorizes appropriations for FY 1999 through 2001 for the U.S. Agency for International Development (AID) for certain alternative crop development programs in Colombia, Peru, and Bolivia. (Sec. 302) Authorizes appropriations for FY 1999 through 2001 to the Secretary of Agriculture to support the counternarcotics research efforts of the Department of Agriculture's Agricultural Research Service. (Sec. 303) Requires the Director of the Office of National Drug Control Policy to develop, and report to the Congress on, a ten-year master plan for the use of mycoherbicides to control narcotic crops (including coca, poppy, and cannabis) in the United States and internationally. Title IV: Enhanced International Law Enforcement Training - Authorizes appropriations for FY 1999 through 2001 for the Department of Justice for the establishment and operation of international law enforcement academies to carry out law enforcement training activities in Latin America and the Caribbean, Thailand, and South Africa. (Sec. 401) Authorizes appropriations for FY 1999 through 2001 for the Department of Transportation (DOT) and the Department of the Treasury for the joint establishment, operation, and maintenance in San Juan, Puerto Rico, of a center for training law enforcement personnel of countries located in Latin America and the Caribbean in matters relating to maritime law enforcement (including customs-related ports management matters). Authorizes appropriations for FY 1999 through 2001 for the DOT for the establishment, operation, and maintenance of maritime training vessels. (Sec. 402) Authorizes appropriations for FY 1999 through 2001 for the Department of Justice for: (1) substantial exchanges for Mexican judges, prosecutors, and police; and (2) enhanced support for the Brazilian Federal Police Training Center. Authorizes appropriations for FY 1999 through 2001 for the DOT for operation and maintenance for locating and operating Coast Guard assets so as to strengthen the capability of the Coast Guard of Panama to patrol the Atlantic and Pacific coasts for drug enforcement and interdiction activities. Makes members of the national police of Panama eligible to receive training through the International Military Education Training (IMET) program. Authorizes appropriations for FY 1999 through 2001 for the Department of Justice for support for the Venezuelan Judicial Technical Police Counterdrug Intelligence Center. Authorizes appropriations for FY 1999 through 2001 for the DOT and the Department of the Treasury for the buildup of local coast guard and port control in: (1) Guayaquil and Esmeraldas, Ecuador; (2) Haiti and the Dominican Republic; and (3) Belize, Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua (Central America). (Sec. 403) Authorizes the Administrator of the Drug Enforcement Administration (DEA) to transfer or lease a specified amount of nonlethal equipment each year to foreign law enforcement organizations for the purpose of establishing and carrying out cooperative illicit narcotics control activities. Expresses the sense of the Congress that: (1) all U.S. law enforcement personnel serving in Mexico should be accorded the same status as diplomatic and consular personnel serving at U.S. posts in Mexico; and (2) all Mexican narcotics law enforcement personnel serving in the United States should be accorded the same diplomatic and consular status as DEA personnel serving in Mexico. Title V: Enhanced Drug Transit and Source Zone Law Enforcement Operations and Equipment - Authorizes appropriations for FY 1999 through 2001 for the DEA and the U.S. Customs Service of Department of the Treasury for enhancement of counternarcotics operations in drug transit and source countries. (Sec. 501) Authorizes appropriations for FY 1999 through 2001 for the Department of State for the deployment of commercial unclassified intelligence and imaging data and a Passive Coherent Location System for counternarcotics and interdiction purposes in the Western Hemisphere. Directs the Secretary of Defense to examine and propose to specified congressional committees recommendations regarding any organizational changes to optimize counterdrug activities, including certain alternative cost-sharing arrangements. (Sec. 502) Authorizes appropriations for the development and purchase of computer software and hardware to facilitate direct communication between agencies that perform drug interdiction activities at U.S. borders, including the Customs Service, the Border Patrol, the Federal Bureau of Investigation (FBI), the DEA, and the Immigration and Naturalization Service (INS). (Sec. 503) Expresses the sense of the Congress that the Secretary of Defense should revise DOD's Global Military Force Policy in order to: (1) treat DOD international drug interdiction and counter-drug activities as a military operation other than war (thus elevating its priority to just below that for war); and (2) allocate DOD assets to drug interdiction and counter-drug activities in accordance with such priority. Title VI: Relationship to Other Laws - Declares that funds authorized to be appropriated for any Federal department or agency for FY 1999 through 2001 are in addition to funds authorized to be appropriated for that department or agency for those fiscal years by any other provision of law. Title VII: Criminal Background Checks on Port Employees - Directs the Attorney General, upon request, to grant access to identification records to any State, county, port authority, or other local jurisdiction to allow it to conduct criminal background checks on employees, or applicants for employment, at any port under its jurisdiction. Title VIII: Drug Currency Forfeitures - Drug Currency Forfeitures Act - Amends the Controlled Substances Act to cite four alternative circumstances that create a rebuttable presumption that property is subject to forfeiture if the Government offers a reasonable basis to believe that there is a substantial connection between the property and a drug trafficking offense. Requires the property at issue to be currency in excess of $10,000 that, at the time of the seizure, was being transported through an airport, on a highway, or at a port-of-entry, and meeting one of several other criteria. Subjects to such presumption, also, any property: (1) acquired during a time period when the person who acquired it was engaged in a drug trafficking offense or within a reasonable time afterwards, and there is no other likely source for such property; (2) that was, or was intended to be, transported, transmitted, or transferred to or from a major drug-transit country, illicit drug producing country, or money laundering country; or (3) involved in a transaction including any person who has been convicted in any Federal, State, or foreign jurisdiction of a drug trafficking offense or a felony involving money laundering, or is a fugitive from prosecution for such an offense. Amends the Federal criminal code to create a rebuttable presumption that property involved in drug money laundering subject to civil forfeiture is the proceeds of an offense involving the felonious manufacture, importation, or other dealing in a controlled substance, thus constituting the proceeds of specified unlawful activity if any of the circumstances set forth in this title apply.
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 · 21 September 1998
Declares that the Congress supports the existing Federal legal process for determining the safety and efficacy of drugs and opposes efforts to circumvent this process by legalizing marijuana, and other Schedule I drugs, for medicinal use without valid scientific evidence and Food and Drug Administration approval. Directs the Attorney General to report to the House and Senate Judiciary Committees, regarding specified years, on: (1) the total quantity of marijuana eradicated in the United States; and (2) the annual number of arrests and prosecutions for Federal marijuana offenses. Requires the Commissioner of Food and Drugs to report to specified congressional committees on the specific efforts underway to enforce specified provisions of the Federal Food, Drug, and Cosmetic Act regarding marijuana and other Schedule I drugs.
United States · United States Congress · 15 September 1998
Savings Advancement and Enhancement (SAVE) Act of 1998 - Amends the Internal Revenue Code to exclude from individual gross income up to $250 ($500 for joint filers) of the sum of dividends from domestic corporations or interest. Sets forth related provisions with respect to: (1) distributions from regulated investment companies and real estate investment trusts; and (2) nonresident aliens.
United States · United States Congress · 11 September 1998
Declares the sense of Congress that the Secretary of Transportation should rescind the directive requiring establishment of peanut-free zones on airline flights.
United States · United States Congress · 9 September 1998
Amends Federal law establishing the Chattahoochee River National Recreation Area in Georgia with regard to boundaries, acquisition of property, cooperative agreements, and funding. Authorizes appropriations.
United States · United States Congress · 8 September 1998
TABLE OF CONTENTS: Title I: Drug-Free Borders Title II: Protecting Our Neighborhoods and Schools from Drugs Subtitle A: Drug-Free Teen Drivers Subtitle B: Drug-Free Schools Subtitle C: Drug-Free Student Loans Subtitle D: Drug-Free Workplaces Subtitle E: Drug-Free Communities Subtitle F: Banning Free Needles for Drug Addicts Title III: Defeating the Drug Mafia Title IV: National Drug Control Strategy Drug-Free Neighborhoods Act - Title I: Drug-Free Borders - Drug-Free Borders Act of 1998 - Authorizes additional appropriations for FY 1999 through 2003 for the United States Customs Service, Coast Guard, and Department of Defense to stop the flow of illegal drugs into the United States. (Sec. 103) Amends the Federal criminal code to prohibit and set penalties for committing (or attempting to commit) a crime of violence during and in relation to: (1) eluding customs, immigration, or agriculture inspection or failing to stop at the command of an officer of customs, immigration, or animal and plant and health inspection services; or (2) an intentional violation of specified arrival, reporting, entry, or clearance requirements (provides for authorizing the imposition of a death sentence if death results). Specifies that if two or more persons conspire to commit such an offense, and one or more of such persons do any act to effect the object of the conspiracy, each shall be punishable as a principal, except that the death sentence may not be imposed. (Sec. 104) Increases from two to five years the penalty for entry of goods by means of false statements. (Sec. 105) Establishes civil penalties for failure to comply with vessel boarding. (Sec. 106) Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to direct the Attorney General, in each of FY 1999 through 2003, to increase by not less than 1,500 the number of positions for full-time, active-duty border patrol agents within the Immigration and Naturalization Service above the number of such positions for which funds were allotted for the preceding fiscal year, to achieve a level of 15,000 positions by FY 2003. (Sec. 107) Prohibits a border patrol agent from ceasing pursuit of an alien suspected of unlawfully entering, or of an individual unlawfully importing a narcotic into, the United States, until State or local law enforcement authorities are in pursuit and have the alien or individual in their visual range. (Sec. 108) Amends Federal law to authorize the Secretary of the Treasury to transfer: (1) up to five percent of the customs officers employed as of the beginning of each fiscal year to new duty stations in that fiscal year on a permanent basis; and (2) customs officers to temporary duty assignments for not more than 90 days. (Sec. 109) Amends Federal law to express the sense of the Congress that collective bargaining agreements should not have any adverse impact on the ability of the Customs Service to interdict contraband, including controlled substances. Requires the parties to meet to address the issue if the Commissioner of the Customs Service or an exclusive representative of Customs Service employees determines that any collective bargaining agreement between the parties has an adverse impact upon the interdiction of contraband. Authorizes either party to enlist the services of the Federal Mediation and Conciliation Service if the parties do not reach agreement within 90 days of the adverse impact determination, and to pursue any impasse with the Federal Service Impasses Panel. Title II: Protecting Our Neighborhoods and Schools From Drugs - Subtitle A: Drug-Free Teen Drivers - Drug Free Teenage Drivers Act - Directs: (1) the National Highway Traffic Safety Administration to establish a demonstration program in several States to provide voluntary drug testing for all teenage applicants (or other first time driver's license applicants) for a driver's license; (2) that information respecting an applicant's choice not to take the drug test or the result of the test be made available to the applicant's automobile insurance company; and (3) the State in which the program is established, if an applicant tests positive, to refrain from issuing a license to the applicant and to require the applicant to complete a State drug treatment program and to not test positive in a drug test before reapplying for a license. (Sec. 203) Directs the Secretary of Transportation to establish an incentive grant program to assist the States in improving their laws relating to controlled substances and driving. Sets forth grant requirements, including regarding the use of grant funds. (Sec. 204) Authorizes appropriations for FY 1999 through 2003. Subtitle B: Drug-Free Schools - Chapter 1: Victim and Witness Assistance Programs for Teachers and Students - Amends the Victims of Crime Act of 1984 to authorize an eligible crime victim compensation program to expend appropriated funds to offer compensation to elementary and secondary school students or teachers who are victims of school violence. Authorizes the Director of the Bureau of Justice Assistance to make a grant for a demonstration project or for training and technical assistance services to a program that: (1) assists State and local educational agencies in developing, establishing, and operating programs to protect victims of and witnesses to incidents of elementary and secondary school violence; or (2) supports a student safety toll-free hotline that provides students and teachers in such schools with confidential assistance relating to the issues of school crime, violence, drug dealing, and threats to personal safety. Chapter 2: Innovative Programs to Protect Teachers and Students - Authorizes the Secretary to award grants to States, and State and local educational agencies, to develop, establish, or conduct innovative programs to improve unsafe elementary or secondary schools. Provides priorities for programs that: (1) provide prompt parent and teacher notification of certain school incidents; (2) provide annual reports to parents and teachers regarding such incidents; and (3) enhance school security measures. Authorizes appropriations. (Sec. 218) Sets forth application requirements. (Sec. 219) Amends the Safe and Drug-Free Schools and Communities Act of 1994 to authorize innovative voluntary random drug testing programs. Chapter 3: Parental Consent Drug Testing - Authorizes the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice to award grants to States, and State and local educational agencies, to develop, establish, or conduct programs for testing students for illegal drug use with prior parental consent. Sets forth provisions regarding program guidelines, subpoenas and discovery, and matching funds. Authorizes appropriations for FY 1999 through 2003. Subtitle C: Drug-Free Student Loans - Amends the Higher Education Act of 1965 to make a student who has been convicted of a Federal or State felony involving the possession or sale of a controlled substance ineligible to receive any Federal higher education grant, loan, or work assistance for a specified period. Allows a student whose eligibility has been suspended to resume eligibility upon satisfactory completion of a drug rehabilitation program that complies with criteria prescribed by the Secretary, including two unannounced drug tests. Subtitle D: Drug-Free Workplaces - Drug-Free Workplace Act of 1998 - Expresses the sense of the Congress that: (1) businesses should adopt drug-free workplace programs; and (2) States should consider financial incentives, such as reductions in workers' compensation premiums, to encourage businesses to adopt drug-free workplace programs. (Sec. 244) Amends the Small Business Act to establish a drug-free workplace demonstration program, under which the Small Business Administration may make grants to eligible intermediaries for the purpose of providing financial and technical assistance to small business concerns seeking to start a drug-free workplace program. Sets forth provisions regarding eligibility for participation and program requirements. Authorizes appropriations. (Sec. 245) Requires the services to be provided by small business development centers to include providing information and assistance to small business concerns with respect to developing drug-free workplace programs. (Sec. 246) Authorizes the Small Business Administrator to contract with and compensate Government and private agencies or persons for services related to carrying out this chapter. Subtitle E: Drug-Free Communities - Amends the National Narcotics Leadership Act of 1988 to authorize appropriations for the Office of National Drug Control Policy for FY 1999 through 2003, of which $10 million in each such fiscal year shall be used for volunteer grassroots drug prevention programs that mobilize parent action teams nationwide to conduct community teen drug awareness education and prevention activities that guarantee increased parental involvement. Subtitle F: Banning Free Needles for Drug Addicts - Prohibits any Federal funds for FY 1998 or 1999 from being made available or used to carry out any program of distributing sterile hypodermic needles or syringes to individuals for the injection of any illegal drug. Title III: Defeating the Drug Mafia - Authorizes appropriations for FY 1999 through 2003 to: (1) the Drug Enforcement Administration for additional activities to disrupt and dismantle drug trafficking organizations; and (2) to the Federal Bureau of Investigation to enhance investigative and intelligence gathering capabilities relating to illegal drugs. (Sec. 302) Directs the Attorney General to establish an incentive grant program to assist States in enacting laws that establish State registration programs for individuals convicted of criminal offenses involving drug trafficking. Sets forth provisions regarding registration requirements, penalties for failure to register, release of information, immunity of State officials for good faith conduct, fingerprints, and uses of grant funds. Authorizes appropriations for FY 1999 through 2003. Title IV: National Drug Control Strategy - Amends the National Narcotics Leadership Act of 1988 to require the President to submit to the Congress by: (1) April 1, 1999, a National Drug Control Strategy, setting forth a comprehensive two-year plan for reducing drug abuse and the consequences of drug use in the United States, by limiting the availability of and reducing the demand for illegal drugs; and (2) October 1, 2001, and quadrennially thereafter, a revised National Drug Control Strategy, setting forth a comprehensive four-year plan for reducing drug abuse and the consequences of drug use in the United States. Sets forth provisions regarding the handling of classified information, an annual Strategy report, a performance measurement system, and annual reports by the President to the Congress on the prevalence of illegal drug use by youth between the ages of 12 and 17.
United States · United States Congress · 8 September 1998
Federalism Enforcement Act of 1998 - Directs executive agencies, when formulating and implementing policies that have federalism implications, to: (1) strictly adhere to constitutional principles and closely examine the constitutional and statutory authority supporting any Federal action that would limit the policy making direction of the States; (2) take Federal action limiting the policy making discretion of the States only where constitutional authority for the action is clear and certain and the national activity is necessitated by the presence of a problem of national scope; (3) recognize the distinction between problems of national scope and problems that are merely common to the States; (4) recognize that constitutional authority for Federal action is clear and certain only when authority for the action may be found in a specific provision of the Constitution, when there is no provision in the Constitution prohibiting Federal action, and when the action does not encroach upon authority reserved to the States; (5) encourage States to develop their own policies to achieve program objectives and to work with officials in other States; (6) refrain from establishing uniform, national standards for programs and, when possible, defer to the States to establish standards; and (7) consult with officials and organizations representing the States in developing national standards when required. States that: (1) the national Government should grant the States the maximum administrative discretion possible with respect to national policies administered by the States; and (2) intrusive Federal oversight of State administration is neither necessary nor desirable. Requires observation of the following special requirements for preemption of State law: (1) agencies should construe a Federal statute to preempt only when it contains an express preemption provision, when there is some other firm and palpable evidence compelling the conclusion that the Congress intended preemption, or when the exercise of State authority directly conflicts with the exercise of Federal authority under the statute; (2) such agencies should construe any authorization in the statute for the issuance of regulations as authorizing preemption only when the statute expressly authorizes issuance of preemptive regulations or when there is other evidence compelling the conclusion that the Congress intended to delegate preemption authority; (3) any regulatory preemption should be restricted to the minimum level necessary to achieve the objectives of the statute; (4) an agency that foresees the possibility of a conflict between State law and federally protected interests should consult with State officials and organizations to avoid such a conflict; and (5) an agency that proposes to act through adjudication or rulemaking should provide all affected States notice and an opportunity for participation in the proceedings. Expresses the sense of the Congress that executive departments and agencies should not submit to the Congress legislation that would: (1) regulate the States so as to interfere with functions essential to the their separate and independent existence or their freedom to structure integral operations; (2) attach to Federal grants conditions unrelated to such grant; or (3) preempt State law unless consistent with the principles of federalism and unless a clearly legitimate national purpose cannot otherwise be met. Requires the head of each executive department and agency to designate an official responsible for implementing this Act, who shall determine which proposed policies have sufficient federalism implications to warrant the preparation of a federalism assessment. Provides assessment requirements. Directs the Office of Management and Budget to ensure that the policies of executive departments and agencies are consistent with the principles, criteria, and requirements set forth under this Act. Requires such departments and agencies to identify proposed regulatory and statutory provisions that have significant federalism implications and to address any substantial federalism concerns.
United States · United States Congress · 1 September 1998
Directs the Secretary of Veterans Affairs to establish a national cemetery in the Atlanta, Georgia, metropolitan area to serve veterans and their families.
United States · United States Congress · 31 August 1998
Uniformed Services Filing Fairness Act of 1998 - Amends the Internal Revenue Code to provide for a two-month tax return filing date extension for any uniformed services member stationed outside of the United States on the date returns would otherwise be due.
United States · United States Congress · 31 July 1998
Measures to Encourage Results in Teaching Act of 1998 - Amends title II (Dwight D. Eisenhower Professional Development Program) of the Elementary and Secondary Education Act of 1965 to establish a new part D (State Incentives for Teacher Testing and Merit Pay). Directs the Secretary of Education to make an award to each State that: (1) administers a test to each elementary school and secondary school teacher in the State, with respect to the subjects taught by the teacher, every three to five years; and (2) has an elementary school and secondary school teacher compensation system based on merit. Allows States to use Federal education funds for teacher testing and merit pay programs.
United States · United States Congress · 31 July 1998
Collegiate Learning and Student Savings Act - Amends the Internal Revenue Code to: (1) permit private higher educational institutions, in addition to currently permitted State institutions, to establish qualified tuition programs; and (2) exclude from gross income such program distributions used for qualified higher education expenses. Amends the Investment Company Act of 1940 to exempt qualified tuition programs from the definition of an investment company.
United States · United States Congress · 31 July 1998
Public School Construction Partnership Act - Amends the Internal Revenue Code to authorize issuance of tax-exempt private activity bonds to finance construction and rehabilitation of high-growth area public elementary and secondary schools through public-private construction and ownership agreements. Limits the annual aggregate amount of a State's tax-exempt financing. Sets forth State allocation rules, including a discretionary allocation for non high-growth school areas. Exempts such bonds from: (1) State volume caps; and (2) land use or acquisition limitations. Increases the arbitrage rebate exception for State and local bonds used to finance public schools.
United States · United States Congress · 31 July 1998
Small Business Programs Restructuring and Reform Act of 1998 - Amends the Small Business Act to increase from $8 million to $12 million, for FY 1999 and thereafter, the authorization of appropriations for the women's business center program. Repeals a provision concerning the terms of assistance to certain organizations under the program. Directs the Comptroller General (CG) to review the administration of such program and report review results to the congressional small business committees. Requires a follow-up report from the CG. (Sec. 3) Amends provisions of the Act relating to the Small Business Innovative Research Program (SBIR) to: (1) direct the Small Business Administration (SBA) to encourage Federal agencies to fund programs for the research and development of assistive and universally designed technology intended to lead to new products for individuals with disabilities; (2) increase for FY 2001 and thereafter the amounts required to be expended by certain Federal agencies for uses specifically connected with SBIR programs; (3) revise SBIR limitations relating to administrative costs; and (4) repeal a provision which terminates the SBIR on October 1, 2000. (Sec. 5) Amends the Small Business Investment Act of 1958 to direct the SBA to authorize certain qualifying State and local development companies to foreclose and liquidate loans in the portfolios of those companies that are funded with the proceeds of debentures guaranteed by the SBA under the Small Business Development Company Program. Outlines development company qualification requirements. Requires a qualified development company to submit to the SBA a proposed liquidation plan, and authorizes such a company to submit a proposed workout plan. Prohibits any action by a State or local development company that would result in a conflict of interest with any third party lender participating in the liquidation or foreclosure of the loan. Authorizes the SBA to suspend or revoke the authority of a qualified company under appropriate circumstances. Directs the SBA to report annually to the small business committees on the results of the delegation of authority to liquidate and foreclose such loans. Terminates the current SBA loan liquidation pilot program on the date on which final regulations implementing this section are promulgated. (Sec. 6) Directs the SBA to submit to the small business committees certain information concerning the participation in Federal procurement contracts by small businesses, including those owned and controlled by socially and economically disadvantaged individuals and by women. (Sec. 7) Establishes in the SBA: (1) the position of Associate Administrator for Veterans Business Development; and (2) an Office of Veterans Business Development, to be administered by the Associate Administrator. Establishes the Advisory Committee on Veterans Business Affairs to serve as an independent source of advice and policy recommendations to the SBA Administrator, the Congress, and the President. Directs the Administrator to enter into a memorandum of understanding with the Service Corps of Retired Executives (SCORE) for the appointment by SCORE of a National Veterans Business Coordinator, who shall establish and administer the provision of entrepreneurial counseling and training to veterans through SCORE chapters in the United States. Requires notification of the availability of such services through a toll-free telephone number and an Internet website. Directs the Administrator to report annually to the small business committees on the needs of small businesses owned and controlled by veterans and service-disabled veterans. Requires the SBA's Office of Advocacy to evaluate Federal and private efforts to assist small businesses owned by veterans and service-disabled veterans and to make appropriate recommendations to the Administrator and the Congress. Adds the provision of assistance to veterans to authorized purposes and activities under the Microloan Program.
United States · United States Congress · 30 July 1998
TABLE OF CONTENTS: Title I: Reduction in Individual Capital Gains Tax Rates Title II: Tax Incentives for Farmers Family Investment and Rural Savings Tax Act - Title I: Reduction in Individual Capital Gains Tax Rates - Amends the Internal Revenue Code to reduce individual capital gains tax rates. Title II: Tax Incentives for Farmers - Amends the Internal Revenue Code to permit an eligible farmer or rancher to establish a Farm and Ranch Risk Management Account (FARRM Account). States that: (1) up to 20 percent of farm-derived income may be deposited as an annual income deduction; and (2) deferred amounts shall be taxed upon withdrawal without penalty if distributed within five years. Amends the Taxpayer Relief of 1997 to permanently extend income averaging for farmers.
United States · United States Congress · 29 July 1998
Designates the facility of the U.S. Postal Service located at Tall Timbers Village Square, U.S. Highway 19 South, in Thomasville, Georgia, as the Lieutenant Henry O. Flipper Station.
United States · United States Congress · 27 July 1998
TABLE OF CONTENTS: Title I: Service Connection for Gulf War Illnesses Title II: Extension and Enhancement of Gulf War Health Care Authorities Title III: Miscellaneous Persian Gulf War Veterans Act of 1998 - Title I: Service Connection for Gulf War Illnesses - Presumes to be service-connected (and therefore compensable or treatable under Federal veterans' benefits provisions) any illness that: (1) the Secretary of Veterans Affairs determines to warrant such a presumption based upon a positive association with exposure to a biological, chemical, or toxic agent, an environmental or wartime hazard, or preventive medicine or vaccine associated with service in the southwest Asia theater of operations during the Persian Gulf War; and (2) becomes manifest in a Gulf War veteran within a period to be prescribed by the Secretary. Requires such presumption even though there is no record of evidence of such illness in the veteran during the period of service. Requires the Secretary to make such determinations based on sound medical and scientific evidence and to take into account reports submitted by the National Academy of Sciences (NAS) as required under this Act. Requires the Secretary to make determinations regarding presumptions of service connection for covered illnesses within 60 days after receipt of an NAS report. (Sec. 102) Directs the Secretary to enter into an agreement with NAS under which NAS shall identify: (1) the agents, hazards, or medicines to which Gulf War veterans may have been exposed; and (2) the illnesses that are manifest in such members. Requires NAS, in making such identification, to consider certain pesticides, nerve agents, repellents, compounds, ionizing radiation, particulates, endemic diseases, and vaccines. Requires NAS to submit to the congressional veterans and defense committees (designated committees) a report specifying all agents, hazards, or medicines considered. Directs NAS, after such identification, to determine whether a statistical association exists between exposure to such agent, hazard, or medicine and the illness. Requires NAS to separately review potential treatment models for such illnesses, make recommendations for additional studies, and perform subsequent reviews of available evidence and data. Requires periodic reports from NAS to the Secretary, the Secretary of Defense, and the designated committees concerning NAS activities. Terminates requirements and activities under this Act ten years after NAS submits its first report. Requires the Secretary to enter into an agreement with an alternative scientific organization if agreement cannot be reached with NAS. (Sec. 103) Directs the Secretary to develop and implement a plan for the establishment and operation of a single computerized information database for the collection, storage, and analysis of information on illnesses and health care utilization patterns of Gulf War veterans. Requires such plan to be submitted to the Secretary of Defense, NAS, and the designated committees. Directs NAS to evaluate and report on such plan. Requires a joint annual report by the Secretary and the Secretary of Defense concerning data compiled and the types, incidences, and prevalence of the illnesses identified, with explanations, as well as information analysis and the implementation of appropriate treatment models in the health care systems of their respective departments. (Sec. 104) Requires such Secretaries and the Secretary of Health and Human Services to report to the designated committees on any recommendations received from NAS for additional scientific studies. (Sec. 105) Directs the Secretaries of Veterans Affairs and Defense to carry out an ongoing program to provide Gulf War veterans with information relating to any health risks determined to be associated with such service, together with services or benefits available. Title II: Extension and Enhancement of Gulf War Health Care Authorities - Extends through December 31, 2001, the authority of the Secretary to provide hospital and nursing care and medical services to Persian Gulf War veterans for any disability. (Sec. 202) Amends the Persian Gulf War Veterans' Benefits Act to extend a program for evaluating the health status of spouses and children of Persian Gulf War veterans until either the date on which all funds for the program are expended or December 31, 2001, whichever is earlier. (Currently such program is authorized until December 31, 1998.) Repeals certain testing and evaluation requirements under such program. Provides additional program outreach requirements. Authorizes the Secretary, in order to increase the number of diagnostic tests and medical examinations under such program: (1) to reimburse primary care physicians of such spouses and children for the costs of such tests or examinations; (2) to conduct such tests and examinations in Department medical facilities; and (3) in the event travel is required for the conduct of such tests or examinations by contract entities, to reimburse the spouses and children for the costs of such travel and related lodging. Requires the Secretary to provide for monthly reports to the Department's Central Office on activities conducted under the program. Title III: Miscellaneous - Requires the Secretary to seek to enter into an agreement with NAS or other appropriate independent organization under which NAS assesses the need for and feasibility of establishing an independent entity to: (1) evaluate and monitor the post-deployment health concerns of military personnel; (2) evaluate the health care provided both before and after deployment; and (3) take certain related actions with respect to the monitoring, evaluation, and improvement of post-deployment health care. Requires a report from NAS to the designated committees on assessment results.
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 · 24 July 1998
Patient Privacy Rights Act of 1998 - Amends title XI of the Social Security Act to repeal: (1) the mandate for standards for unique health identifiers for each individual, employer, health plan, and health care provider for use in the health care system; and (2) the offense of wrongful disclosure of such identifiers.
United States · United States Congress · 23 July 1998
Calls for executive agencies, when formulating and implementing policies that have federalism implications, to: (1) strictly adhere to constitutional principles and closely examine the constitutional and statutory authority supporting any Federal action that would limit the policy making direction of the States; (2) take Federal action limiting the policy making discretion of the States only where constitutional authority for the action is clear and certain and the national activity is necessitated by the presence of a problem of national scope; (3) recognize the distinction between problems of national scope and problems that are merely common to the States; (4) recognize that constitutional authority for Federal action is clear and certain only when authority for the action may be found in a specific provision of the Constitution, when there is no provision in the Constitution prohibiting Federal action, and when the action does not encroach upon authority reserved to the States; (5) encourage States to develop their own policies to achieve program objectives and to work with officials in other States; (6) refrain from establishing uniform, national standards for programs and, when possible, defer to the States to establish standards; and (7) consult with officials and organizations representing the States in developing national standards when required. States that: (1) the national Government should grant the States the maximum administration discretion possible with respect to national policies administered by the States; and (2) intrusive Federal oversight of State administration is neither necessary nor desirable. Calls for observation of the following special requirements for preemption of State law: (1) agencies should construe a Federal statute to preempt only when it contains an express preemption provision, when there is some other firm and palpable evidence compelling the conclusion that the Congress intended preemption, or when the exercise of State authority directly conflicts with the exercise of Federal authority under the statute; (2) if a Federal statute does not preempt, such agencies should construe any authorization in the statute for the issuance of regulations as authorizing preemption by rule making only when the statute expressly authorizes issuance of preemptive regulations or when there is some other such evidence compelling the conclusion that the Congress intended to delegate preemption authority; (3) any regulatory preemption should be restricted to the minimum level necessary to achieve the objectives of the statute; (4) an agency that foresees the possibility of a conflict between State law and federally protected interests should consult with State officials and organizations to avoid such a conflict; and (5) an agency that proposes to act through adjudication or rule making should provide all affected States notice and an opportunity for participation in the proceedings.
United States · United States Congress · 22 July 1998
TABLE OF CONTENTS: Title I: Enhanced Source and Transit Country Coverage Title II: Enhanced Eradication and Interdiction Strategy in Source Countries Title III: Enhanced Alterative Crop Development Support in Source Zone Title IV: Enhanced International Law Enforcement Training Title V: Enhanced Drug Transit and Source Zone Law Enforcement Operations and Equipment Title VI: Relationship to Other Laws Western Hemisphere Drug Elimination Act - Declares that it is U.S. policy to: (1) reduce the supply of drugs and drug use through an enhanced drug interdiction effort in the major drug transit countries and a comprehensive supply country eradication and crop substitution program, because a commitment of increased resources in international drug interdiction efforts will create a balanced national drug control strategy among demand reduction, law enforcement, and international drug interdiction efforts; and (2) support policies and dedicate the resources necessary to reduce the flow of illegal drugs into the United States by not less than 80 percent by December 31, 2001. Title I: Enhanced Source and Transit Country Coverage - Authorizes appropriations for FY 1999 through 2001 for the Department of the Treasury and the Department of Defense (DOD) for the enhancement of air coverage and operation for drug source and transit countries. (Sec. 102) Authorizes appropriations for FY 1999 through 2001 for the Department of Transportation (DOT) for the enhancement of U.S. Coast Guard maritime coverage and operation in drug source and transit countries. (Sec. 103) Authorizes appropriations for FY 1999 through 2001 for the DOD for the enhancement of radar coverage in drug source and transit countries. Title II: Enhanced Eradication and Interdiction Strategy in Source Countries - Authorizes appropriations for FY 1999 through 2001 for the Department of State and the DOD for the enhancement of drug- related eradication efforts in Colombia. (Sec. 202) Authorizes appropriations for FY 1999 through 2001 for: (1) the Department of State for the establishment of a third drug interdiction site at Puerto Maldonado, Peru, to support air bridge and riverine missions for enhancement of drug-related eradication efforts there; and (2) the DOD for operation and maintenance, Defense-wide, for enhancement of drug interdiction efforts in Peru for support of multinational riverine and small boat maintenance training programs in Iquitos, Peru. Directs the Secretary of Defense to study and report to the Congress on Peruvian counternarcotics air interdiction requirements. (Sec. 203) Authorizes appropriations for FY 1999 through 2001 for the Department of State for enhancement of drug-related eradication efforts in Bolivia. (Sec. 204) Directs the Secretary of State to purchase six Bell 212 high altitude helicopters designated for opium eradication programs in Mexican states of Guerrero, Jalisco, and Sinaloa, for enhancement of drug-related eradication efforts there. Makes this purchase mandate contingent on Mexico's agreement to approve full diplomatic immunity for Drug Enforcement Administration (DEA) personnel serving in Mexico with privileges granted to U.S. Government officials to carry weapons necessary for the performance of their duties. Authorizes appropriations. Expresses the sense of the Congress that: (1) all U.S. law enforcement personnel serving in Mexico should be accorded the same status as diplomatic and consular personnel serving at U.S. posts in Mexico; and (2) all Mexican narcotics law enforcement personnel serving in the United States should be accorded the same diplomatic and consular status as DEA personnel serving in Mexico. (Sec. 205) Authorizes appropriations for FY 1999 through 2001 for enhanced precursor chemical control projects. (Sec. 206) Requires any individual serving as an assistant secretary of any Federal agency or department who has primary responsibility for international narcotics control and law enforcement (including the principal deputy of any such assistant) to have substantial professional qualifications in the fields of management and Federal law enforcement, or intelligence. Declares that the DOD shall have sole responsibility in implementation and processing of counternarcotics foreign military sales requests (with the Department of State having a consultative role in such requests). (Sec. 207) Expresses the sense of the Congress that the responsiveness and effectiveness of Department of State international narcotics assistance activities have been hampered due, in part, to the lack of law enforcement expertise by responsible Department of State personnel. Requires the Director of National Drug Control Policy to report to the appropriate congressional committees on: (1) the responsiveness and effectiveness of such activities; and (2) the feasibility costs and steps needed to achieve a transfer of the Department of State's Bureau of International Narcotics and Law Enforcement Affairs to the DEA. Authorizes appropriations. Title III: Enhanced Alternative Crop Development Support in Source Zone - Authorizes appropriations for FY 1999 through 2001 for the U.S. Agency for International Development (AID) for certain alternative crop development programs in Colombia, Peru, and Bolivia. Title IV: Enhanced International Law Enforcement Training - Authorizes appropriations for FY 1999 through 2001 for the Department of Justice for the establishment and operation of international law enforcement academies to carry out law enforcement training activities in Latin America and the Caribbean, Thailand, and South Africa. (Sec. 401) Authorizes appropriations for FY 1999 through 2001 for the DOT and the Department of the Treasury for the joint establishment, operation, and maintenance in San Juan, Puerto Rico, of a center for training law enforcement personnel of countries located in Latin America and the Caribbean in matters relating to maritime law enforcement (including customs-related ports management matters). Authorizes appropriations for FY 1999 through 2001 for the DOT for the establishment, operation, and maintenance of maritime training vessels. (Sec. 402) Authorizes appropriations for FY 1999 through 2001 for the Department of Justice for: (1) substantial exchanges for Mexican judges, prosecutors, and police; and (2) enhanced support for the Brazilian Federal Police Training Center. Authorizes appropriations for FY 1999 through 2001 for the DOD for operation and maintenance, Defense-wide, for locating and operating Coast Guard and Navy assets so as to strengthen the capability of the Coast Guard of Panama to patrol the Atlantic and Pacific coasts for drug enforcement and interdiction activities. Makes members of the national police of Panama eligible to receive training through the International Military Education Training (IMET) program. Authorizes appropriations for FY 1999 through 2001 for the DOD for operation and maintenance, Defense-wide, for support for the Venezuelan Joint National Guard and Judicial Technical Police Counterdrug Intelligence Center. Authorizes appropriations for FY 1999 through 2001 for the DOT and the Department of the Treasury for the buildup of local coast guard and port control in: (1) Guayaquil and Esmeraldas, Ecuador; (2) Haiti and the Dominican Republic; and (3) Belize, Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua (Central America). (Sec. 403) Authorizes the DEA Administrator to transfer or lease a specified amount of nonlethal equipment to foreign law enforcement organizations for the purpose of establishing and carrying out cooperative illicit narcotics control activities. Title V: Enhanced Drug Transit and Source Zone Law Enforcement Operations and Equipment - Authorizes appropriations for FY 1999 through 2001 for the DEA, the DOT, the DOD, and the Department of the Treasury for enhancement of counternarcotics operations in drug transit and source countries. (Sec. 501) Authorizes appropriations for FY 1999 through 2001 for the Department of State for the deployment of commercial unclassified intelligence and imaging data and a Passive Coherent Location System for counternarcotics and interdiction purposes in the Western Hemisphere. (Sec. 502) Expresses the sense of the Congress that the Secretary of Defense should revise the DOD's Global Military Force Policy in order to: (1) treat the international drug interdiction and counter- drug activities of the DOD as a military operation other than war (thus elevating its priority to just below that for war); and (2) allocate DOD assets to drug interdiction and counter-drug activities in accordance with such priority. Title VI: Relationship to Other Laws - Declares that funds authorized to be appropriated for any Federal department or agency for FY 1999 through 2001 are in addition to funds authorized to be appropriated for that department or agency for those fiscal years by any other provision of law.
United States · United States Congress · 22 July 1998
Emergency Farm Financial Relief Act - Amends the Agricultural Market Transition Act to provide that FY 1999 production flexibility contract payments shall be paid at such time or times as the owner or producer so requests.
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 · 17 July 1998
TABLE OF CONTENTS: Title I: Patients' Bill of Rights Subtitle A: Right to Advice and Care Subtitle B: Right to Information about Plans and Providers Subtitle C: Right to Hold Health Plans Accountable Title II: Individual Rights with Respect to Personal Medical Information Subtitle A: Access to Medical Records Subtitle B: Establishment of Safeguards Subtitle C: Enforcement; Definitions Title III: Genetic Information and Services Title IV: Healthcare Quality Research Title V: Women's Health Research and Prevention Subtitle A: Provisions Relating to Women's Health Research at the National Institutes of Health Subtitle B: Provisions Relating to Women's Health at the Centers for Disease Control and Prevention Subtitle C: Women's Health and Cancer Rights Title VI: Enhanced Access to Health Insurance Coverage Patients' Bill of Rights Act - Title I: Patients' Bill of Rights - Subtitle A: Right to Advice and Care - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan covering emergency medical care to provide coverage, without requiring preauthorization, for appropriate emergency medical screening examinations to the extent that a prudent layperson, possessing an average knowledge of health and medicine, would determine such examinations to be necessary to determine whether emergency medical care is necessary. (Sec. 101) Requires a plan to cover additional emergency medical services following such an examination to the extent that a prudent emergency medical professional would determine such services to be necessary to avoid specified serious consequences. Requires a plan (other than a small employer's plan) providing benefit coverage only through a defined set of participating health care professionals to offer the option of point-of-service coverage (of the same benefits provided by a nonparticipating health care professional), unless the plan offers multiple issuer or coverage options. Requires any plan offering gynecological, obstetric, or pediatric care not to require prior authorization from a participant's primary care provider if such provider is not a gynecologist, obstetrician, or pediatrician. Requires a plan to permit a participant or beneficiary undergoing a course of treatment to continue such treatment for a period of time even though the contract between the plan and a health care provider is terminated, or the schedule of benefits or coverage is terminated by a change in the terms of the provider's participation in the plan. Specifies a 90-day continuation of coverage generally, and other transitional periods for institutionalization (until discharge), pregnancy (through post-partum care), and terminal illness (remainder of life). Declares that a plan shall not prohibit a health care professional from advising a patient about the patient's health status, medical care, or treatment for the patient's condition or disease, regardless of whether coverage for such care or treatment is provided under the contract, if the professional is acting within the lawful scope of the practice. Applies the requirements of this subtitle to group health plans, but not to a health insurance issuer licensed by a State and subject to State insurance regulation while engaged in the business of insurance in such State. Subtitle B: Right to Information about Plans and Providers - Requires plans and group health insurance issuers to disclose specified plan information to enrollees and (upon request) potential enrollees. (Sec. 112) Directs the Secretary of Health and Human Services (HHS) to contract with the Institute of Medicine for a study and report to the appropriate congressional committees on: (1) health care professionals information currently available to patients, consumers, States, and professional societies, nationally and on a State-by-State basis; (2) the legal and other barriers to the sharing of information about health care professionals; and (3) recommendations for disclosure of such information on health care professionals, including their competencies and professional qualifications, to better facilitate patient choice, quality improvement, and market competition. Subtitle C: Right to Hold Health Plans Accountable - Revises requirements for plan provision of a procedure for appealing denied claims. (Sec. 121) Requires a plan or health insurance issuer conducting utilization review to have: (1) specified procedures in place for coverage determinations, including expedited determinations; (2) written procedures for addressing grievances between a plan and enrollees; (3) an internal procedure for coverage determination appeals; and (4) an external review procedure for enrollee appeals, involving specified entities and independent medical experts, whose determination shall be binding. Prescribes external review standards. Directs the General Accounting Office to study and report to the appropriate congressional committees on a statistically appropriate sample of completed external reviews. Title II: Individual Rights with Respect to Personal Medical Information - Personal Medical Information Access Act - Subtitle A: Access to Medical Records - Amends ERISA to require any health care provider, health plan, employer, health or life insurer, school, or university, except in specified circumstances, to: (1) permit an individual who is the subject of protected health information (or the individual's designee) to inspect and copy protected health information concerning the individual; (2) amend such information upon the individual's request; and (3) make reasonable efforts to inform any person to whom the unamended portion of the information was previously disclosed of any nontechnical amendment that has been made. (Sec. 212) Prescribes procedures for: (1) an entity's denial of a request to amend such information; and (2) an individual's filing of a statement of disagreement with such denial, which shall accompany any subsequent disclosure of the disputed portion of the information. (Sec. 213) Requires any health care provider, health plan, employer, health or life insurer, school, or university to post notice of the entity's confidentiality practices, including specified information. Requires the Secretary to develop and disseminate model notices of confidentiality practices. Subtitle B: Establishment of Safeguards - Requires any health care provider, health plan, employer, health or life insurer, school, or university to establish and maintain appropriate administrative, technical, and physical safeguards to protect the confidentiality, security, accuracy, and integrity of protected health information the entity creates, receives, obtains, maintains, uses, transmits, or disposes of. Subtitle C: Enforcement; Definitions - Prescribes civil money penalties for substantial and material failure to comply with this Act. (Sec. 232) Sets forth definitions. Title III: Genetic Information and Services - Genetic Information Nondiscrimination in Health Insurance Act of 1998 - Amends ERISA, the Public Health Service Act (PHSA), and the Internal Revenue Code to prohibit a health care plan or health insurance issuer from restricting enrollment or adjusting premium or contribution amounts for a group on the basis of predictive genetic information concerning an individual in the group or a family member of the individual (including information about a request for or receipt of genetic services). (Sec. 302) Prohibits a plan or issuer from requesting or requiring predictive genetic information concerning an individual or a family member of the individual (including information about a request for or receipt of genetic services). Permits a plan or issuer to request, but not require, such information for diagnosis, treatment, or payment purposes only. Title IV: Healthcare Quality Research - Healthcare Quality Research Act of 1998 - Amends PHSA to establish within the Public Health Service (PHS) an Agency for Healthcare Quality Research to replace the current Agency for Health Care Policy and Research. (Sec. 402) Directs the Agency to identify and disseminate methods or systems used to assess healthcare research results, particularly to rate the strength of the scientific evidence behind healthcare practice and technology recommendations in the research. Requires the Agency to employ research strategies and mechanisms that will link research directly with clinical practice in geographically diverse locations throughout the United States, including: (1) Healthcare Improvement Research Centers that combine demonstrated multidisciplinary expertise in outcomes or quality improvement research with linkages to relevant sites of care; (2) Practice-based Research Networks, including plan, facility, or delivery system sites of care (especially primary care), that can evaluate and promote quality improvement; and (3) other innovative mechanisms or strategies. Directs the Agency to: (1) award grants to enable eligible entities at geographically diverse locations throughout the United States to carry out research training programs dedicated to health services research training at the doctoral, post-doctoral, and junior faculty levels; and (2) provide specified scientific and technical support for private and public efforts to improve healthcare quality, including accrediting organizations. Directs the Secretary, acting through the Agency Director, to establish a demonstration program of grants for one or more centers to conduct: (1) state-of-the-art clinical research on drugs, biological products, and devices; (2) research on the comparative effectiveness, cost-effectiveness, and safety of drugs, biological products, and devices; and (3) other appropriate activities (excluding the review of new drugs). Requires the Agency Director to: (1) collect certain data on the cost and quality of healthcare; (2) support research on and initiatives to advance the use of information systems for the study of healthcare quality; and (3) provide ongoing administrative, research, and technical support for the Preventive Services Task Force, which shall review scientific evidence on the effectiveness, appropriateness, and cost-effectiveness of clinical preventive services regarding their usefulness in daily clinical practice. Establishes within the Agency a Center for Primary Care Delivery Research to serve as the principal funding source for HHS primary care delivery research and demonstrations with respect to the first contact when illness or health concerns arise, the diagnosis, treatment or referral to specialty care, preventive care, and the relationship between the clinician and the patient in the context of the family and community. Requires the Agency Director by specified activities to promote innovation in evidence-based clinical practice and healthcare technologies. Requires the Secretary, acting through the Director, to coordinate all research, evaluations, and demonstrations related to health services research and quality measurement and improvement activities undertaken and supported by the Federal Government. Requires the Secretary to contract with the Institute of Medicine to: (1) describe and evaluate current quality improvement research and monitoring processes; and (2) recommend options to improve the efficiency and effectiveness of such processes, and optimize public- private sector accreditation bodies. Directs the Secretary, acting through the Director, to establish a nonprofit, nongovernmental Foundation for Healthcare Research, which shall: (1) support the Agency and foster public-private partnerships to support Agency programs and activities; (2) advance collaboration with healthcare researchers from universities, industry, and nonprofit organizations; and (4) develop linkages with users of healthcare and quality research. Requires the Secretary, acting through the Agency Director, to make grants each fiscal year to support the Foundation. Establishes an Advisory Council for Healthcare Quality Research to replace the current Advisory Council for Health Care Policy, Research, and Evaluation. Requires the Agency Director to establish technical and scientific peer review groups to review each application for a grant, cooperative agreement, or contract under this title. Repeals the mandates for: (1) a demonstration program regarding centers for education and research on therapeutics; and (2) the Office of the Forum for Quality and Effectiveness in Health Care. Authorizes appropriations. (Sec. 404) Requires the Secretary, within 30 days after enactment of any Act providing for a qualifying health care benefit, to evaluate scientifically and report to the appropriate congressional committees on: (1) the safety, efficacy, cost, benefits and value of such benefit; (2) alternative approaches in improving care compared with such benefit; and (3) the benefit's overall impact on health care as measured through research. Title V: Women's Health Research and Prevention - Women's Health Research and Prevention Amendments of 1998 - Subtitle A: Provisions Relating to Women's Health Research at the National Institutes of Health - Amends PHSA to extend the authorization of appropriations for research on the drug diethylstilbestrol (commonly known as DES). Directs the Secretary, acting through PHS agency heads, to carry out a national program to educate health professionals and the public about DES. (Sec. 512) Extends the authorization of appropriations for research on: (1) osteoporosis, Paget's disease, and related bone disorders; (2) breast and ovarian cancers; and (3) aging processes relating to women. (Sec. 514) Requires the Director of the National Heart, Lung, and Blood Institute to expand, intensify, and coordinate research and related activities with respect to heart attack, stroke, and other cardiovascular diseases in women. (Sec. 516) Requires the Director of the National Institutes of Health (currently, the Director of the Office of Research on Women's Health) to appoint members of the Advisory Committee on Research on Women's Health. Subtitle B: Provisions Relating to Women's Health at the Centers for Disease Control and Prevention - Amends PHSA to extend the authorization of appropriations for: (1) the National Center for Health Statistics; (2) the National Program of Cancer Registries; (3) the National Breast and Cervical Cancer Early Detection Program; (4) Centers for Research and Demonstration of Health Promotion; and (5) community programs on domestic violence. (Sec. 523) Authorizes a State receiving a Federal grant to make grants to or contract with for-profit private entities to carry out programs of preventive health measures for breast and cervical cancers. Subtitle C: Women's Health and Cancer Rights - Women's Health and Cancer Rights Act of 1998 - Amends ERISA, PHSA, and the Internal Revenue Code to require certain group health plans and health insurance issuers to ensure specified minimum coverage regarding: (1) breast cancer mastectomies, lumpectomies, and lymph node dissections; (2) post-mastectomy breast reconstruction on both breasts; and (3) the costs of prostheses and complications of mastectomy, including lymphedemas. Prohibits: (1) denial of eligibility to a patient, and other related practices, solely to avoid the requirements of this subtitle; (2) incentives or rebates to encourage individuals to accept less than the minimum coverage; and (2) certain penalties or incentives to providers to evade application of this subtitle. (Sec. 535) Amends PHSA to apply the same requirements to health insurance issuers in the individual market. (Sec. 537) Directs the Agency for Health Care Policy and Research to study and report to the appropriate congressional committees on the scientific issues relating to prevention and treatment of breast cancer. Title VI: Enhanced Access to Health Insurance Coverage - Amends the Internal Revenue Code to: (1) allow the annual carryover of up to $500 of unused benefits from cafeteria plans, flexible spending arrangements, and health flexible spending accounts; (2) allow a full deduction from gross income of the health insurance costs of self-employed individuals; and (3) repeal the limitation of the availability of medical savings accounts (MSAs) to employees of small employers and the self-employed. (Sec. 603) Reduces from $1,500 to $1,000 (self-only coverage) and from $3,000 to $2,000 (family coverage) the minimum annual deductible of a high deductible health plan. Revises the formula for the monthly limitation on the allowable deduction for MSAs to increase the contribution limit to 100 percent of the annual deductible under a high deductible health plan. Waives the additional tax on MSA distributions not used for qualified medical expenses to the extent any payment or distribution does not reduce the fair market value of the MSA assets to an amount less than the annual deductible for the account holder's high deductible health plan. (Sec. 604) Authorizes the Office of Personnel Management to contract for or approve catastrophic FEHBP plans, whose covered expenses exceed $500. Amends Federal civil service law, with respect to Government contributions under the Federal Employees Health Benefits Program (FEHBP), to require an additional Government contribution, according to a certain formula, to an individual's MSA with respect to a catastrophic plan. Increases the Government's biweekly contribution to an employee's or annuitant's FEHBP catastrophic plan from 75 percent to 100 percent of the subscription charge.
United States · United States Congress · 14 July 1998
Defense Jobs and Trade Promotion Act of 1998 - Amends the Internal Revenue Code to repeal the limitation on the amount of receipts attributable to military property which may be treated as exempt foreign trade income.
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 · 8 July 1998
Veterans' Educational Benefits Protection Act of 1998 - Excludes a post-service veterans' educational assistance benefit as financial assistance in the computation of need for Federal educational aid.
United States · United States Congress · 7 July 1998
Declares that the Congress affirms: (1) its longstanding commitment to Taiwan in accordance with the Taiwan Relations Act; (2) its expectation that the future of Taiwan will be determined by peaceful means with the consent of the people of Taiwan and that it considers any effort to determine Taiwan's future by other than peaceful means a threat to the peace and security of the Western Pacific and of grave concern to the United States; (3) its commitment to make available to Taiwan such defense articles and services as may be necessary to enable Taiwan to maintain a sufficient self-defense capability; and (4) its commitment that only the President and Congress shall determine the nature and quantity of defense articles and services needed by Taiwan. Urges the President to seek a public renunciation by the People's Republic of China of any use of force, or threat to use force, against democratic Taiwan.
United States · United States Congress · 26 June 1998
Tenth Amendment Enforcement Act of 1998 - Requires any statute enacted by the Congress after 1998 to include declarations that: (1) the authority to govern in the area addressed is delegated to the Congress by the Constitution; (2) Congress has a greater degree of competence than the States to govern in that area; and (3) any preemption of State law is specifically intended by the Congress and is necessary. Makes it out of order for the Senate or House of Representatives to consider any legislation that does not include such declarations. Amends Federal law to prohibit any Federal agency from construing any statutory authorization to issue rules as authorizing preemption of State law or local ordinance by rulemaking or other agency action, unless the statute expressly authorizes issuance of preemptive rules and the agency concludes that the exercise of State power directly conflicts with the exercise of Federal power under the Federal statute such that the State statutes and the Federal rule promulgated under the Federal statute cannot be reconciled or consistently stand together. Requires all States to be provided with notice and an opportunity for comment when a Federal agency proposes preemptive rulemaking or other agency action. Requires the table of contents of each Federal Register to contain a list of preemptive rules contained within that Register. Provides that a final agency rule shall not be construed to preempt any State or local law unless it contains an explicit declaration of the intention to do so. Requires each Federal agency to publish in the Federal Register a plan for periodic review of the rules issued by the agency that preempt State or local government powers to determine whether such rules should be altered or repealed. Prohibits any adjudicative body to construe a statute enacted after enactment of this Act to preempt State or local law unless: (1) the statute contains an explicit declaration of intent to preempt; or (2) there is a direct conflict with State or local law that cannot be reconciled. Requires any ambiguity to be construed in favor of preserving the authority of the States. Requires that funds received by a State under Federal law shall be subject to appropriation by the State legislature. Directs the Congressional Research Service, after each Congress adjourns, to prepare and make publicly available a report on the extent of Federal statutory preemption of State and local government powers enacted into law during that Congress or adopted through judicial interpretation of Federal statutes.
United States · United States Congress · 26 June 1998
Controlled Substances Trafficking Prohibition Act - Amends the Controlled Substances Import and Export Act to prohibit a U.S. resident who enters the United States through an international land border with a non-schedule I controlled substance for which the individual does not possess a valid prescription issued by a practitioner in accordance with applicable Federal and State law (or documentation that verifies the issuance of such a prescription to that individual) from importing the substance into the United States in an amount that exceeds 50 dosage units. Declares that such prohibition does not limit a State from imposing any additional requirement and does not affect the jurisdiction of the Secretary of Health and Human Services under the Federal Food, Drug, and Cosmetic Act.
United States · United States Congress · 25 June 1998
Federal Research Investment Act - Calls for Federal funding levels for fundamental, scientific, and pre-competitive engineering research to be increased to equal approximately 2.6 percent of the total annual Federal budget. Authorizes appropriations for civilian research and development (R&D) within specified agencies for FY 1999 through 2010. Directs the President to include with the annual budget request a report concerning Federal R&D program funding, future R&D strategies and targets, and an analysis of funding levels across Federal agencies by funding methodology. Requires the Director of the Office of Science Technology Policy (OSTP) to enter in an agreement with the National Academy of Sciences to conduct a comprehensive study to develop methods for evaluating federally-funded R&D programs. Requires the Director of the Office of Management and Budget (OMB), based on study results, to promulgate one or more alternative forms for Federal R&D performance goals. Permits an agency head to apply such an alternative form without further authorization by OMB. Requires agency heads carrying out R&D activities, upon updating a strategic plan, to describe the current and future use of methods for determining an acceptable level of R&D success as recommended by the study. Authorizes appropriations for the study. Requires: (1) the OMB Director, based upon program performance reports, to identify the civilian R&D program activities or components which do not meet an acceptable level of success; (2) an agency head to submit to the appropriate congressional committees a concise statement of the steps needed to terminate a program activity or component identified as being below the acceptable level of success for two consecutive fiscal years; (3) such a program to be terminated unless the Directors of OSTP and OMB and the agency head determine that it should be continued; and (4) the statement of termination to recommend disposition of unexpended and unobligated funds from terminated programs.
United States · United States Congress · 25 June 1998
Mortgage Litigation Reform Act of 1998 - Amends the Real Estate Settlement Procedures Act of 1974 to provide a moratorium between the date of enactment of this Act and July 1, 1999, on class certification orders, discovery, sanctions, or other proceedings with regard to civil actions alleging improper payments by one lender to another lender or mortgage broker.
United States · United States Congress · 23 June 1998
Drug-Free Workplace Act of 1998 - Expresses the sense of the Congress that: (1) businesses should adopt drug-free workplace programs; and (2) States should consider incentives to encourage businesses to adopt such programs, such as reductions in workers' compensation or unemployment insurance premiums, tax deductions, or liability limitations. Amends the Small Business Act to establish a drug-free workplace demonstration program, under which the Administrator of the Small Business Administration (SBA) may make grants to, and contracts or cooperative agreements with, eligible intermediaries to provide financial assistance to small businesses seeking to establish such a program. Sets forth intermediary eligibility requirements. Requires such a program to include: (1) a written policy, including prohibitions against substances in the workplace and violation consequences; (2) alcohol and drug abuse prevention training for employees; (3) employee drug testing; (4) employee access to an assistance program; and (5) continuing alcohol and drug abuse prevention assistance. Authorizes appropriations. Requires small business development centers to provide information and assistance to small businesses in developing drug-free workplace programs.
United States · United States Congress · 22 June 1998
Sets a one-year moratorium during which the Secretary of Health and Human Services may not modify regulations governing the operation of the Organ Procurement and Transplantation Network, including pertinent regulations under the Social Security Act. States that a related final rule published in the Federal Register has no legal effect. Directs the Secretary to: (1) consult with the medical community and organ donation organizations to develop workable guidelines for Network operation; and (2) study the impact of proposed regulations on indigent care, economic and geographic access to transplantation services, transplantation outcome and survival rate, and waiting list time by organ.
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 · 10 June 1998
Disapproves the rule submitted by the Health Care Financing Administration, Department of Health and Human Services, on June 1, 1998, relating to surety bond requirements for home health agencies under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act.
![Official portrait of Sen. Coverdell, Paul [R-GA]](https://www.congress.gov/img/member/c000813_200.jpg)