United States · United States Congress · 1 September 1998
Requests the President to advance: (1) the late Rear Admiral Husband E. Kimmel to the grade of admiral on the retired list of the Navy; and (2) the late Major General Walter C. Short to the grade of lieutenant general on the retired list of the Army. Prohibits any change in compensation or benefits based on the military service of such officers as a result of such advancements. Expresses the sense of the Congress that such officers performed their duties competently and professionally and that losses incurred by the United States in attacks on military targets on Oahu, Hawaii, on December 7, 1941, were not a result of their dereliction of duty.
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 · 27 July 1998
National Uniformity for Food Act of 1998 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to prohibit any State or political subdivision from establishing or continuing in effect as to any food in interstate commerce any requirement for food labeling or food that is not identical to specified FDCA provisions. Prohibits any State or political subdivision from establishing or continuing in effect any notification requirement for a food that provides for a warning concerning the food's safety that is not identical to FDCA provisions. Allows a State to petition for an exemption and for a national standard regarding any requirement under the FDCA or the Fair Packaging and Labeling Act relating to food regulation. Allows a State to establish a requirement that would otherwise violate FDCA provisions relating to national uniform nutrition labeling or this paragraph if the requirement is needed to address an imminent hazard to health that is likely to result in serious adverse health consequences and if other requirements are met.
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 · 23 July 1998
Small Business and Financial Institutions Tax Relief Act of 1998 - Amends the Internal Revenue Code to permit S corporation eligible shareholders to include individual retirement accounts. (Sec. 3) Excludes investment securities income held by a bank from passive income limits for purposes of S status termination. (Sec. 4) Increases the number of eligible S corporation shareholders. (Sec. 5) States that stock held by a bank director as required by banking regulations (director qualifying stock) shall not be considered a disqualifying second class of S corporation stock. (Sec. 6) Directs the Secretary of the Treasury to modify a certain Regulation to permit an S corporation bank to charge certain bad debt deductions over a related bad debt reserve recapture period. (Sec. 7) Includes all banks within the three-year deduction preference rule.
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
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 · 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 · 16 June 1998
Firearms Owner Privacy Act of 1998 - Amends the Federal criminal code to prohibit an officer, employee, contractor, consultant, or agent of the United States, including a State or local employee or officer acting on behalf of the United States, who receives information provided to or derived from the national instant criminal background check system about an individual seeking to obtain a firearm, from knowingly retaining or transferring that information: (1) after 24 hours if the individual is not prohibited from receiving a firearm; or (2) after five years if the individual is prohibited from receiving a firearm (with an exception for information about an individual if a criminal prosecution has been commenced against the individual on the basis of that information).
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.
United States · United States Congress · 9 June 1998
Lethal Drug Abuse Prevention Act of 1998 - Amends the Controlled Substances Act (CSA) to require the Attorney General to determine that registration of an applicant to manufacture, distribute, conduct research with, or dispense specified controlled substances or listed chemicals is inconsistent with the public interest if: (1) during the five-year period immediately preceding submission of the application, the applicant's registration was revoked; or (2) the Attorney General determines, based on clear and convincing evidence, that the applicant is applying for the registration with the intention of using such registration to violate CSA provisions. Authorizes the Attorney General to suspend or revoke a registration upon a finding that the registrant has intentionally dispensed or distributed a controlled substance with a purpose of causing, or assisting in causing, the suicide, euthanasia, or mercy killing of any individual. Directs the Attorney General to establish the Medical Review Board on Pain Relief, which, based on a hearing, shall make findings regarding whether a particular action at issue is an appropriate means to relieve pain that does not constitute a violation of such provision.
United States · United States Congress · 4 June 1998
Small Employer Nest Egg Act - Amends the Internal Revenue Code to set forth provisions for: (1) a small employer (100 or fewer employees) retirement plan; (2) a credit for the expenses of establishing such a plan; and (3) a model small employer retirement plan.
United States · United States Congress · 2 June 1998
No Gun Tax Act of 1998 - Prohibits the Director of the Federal Bureau of Investigation from collecting any fee, assessment, third party collection, or other charge from any person or agency in connection with any background check required under the Brady Handgun Violence Prevention Act.
United States · United States Congress · 22 May 1998
Postal Employees Safety Enhancement Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) to apply it to the United States Postal Service (USPS) as an employer. Amends Federal law to prohibit USPS from: (1) considering compliance with OSHA in determining whether to close or consolidate a post office; or (2) restricting, eliminating, or adversely affecting any service it provides as a result of paying a penalty imposed under OSHA. Prohibits the Postal Rate Commission from considering compliance with OSHA in determining whether to increase rates. Provides that OSHA compliance shall not otherwise affect the service of the USPS.
United States · United States Congress · 19 May 1998
Expresses the sense of the Senate that: (1) the European Union should take immediate steps to waive the penalty for failure to use restitution subsidies for barley exported to the United States and establish procedures to ensure that restitution and other subsidies are not used for sales of agricultural commodities to the United States or other North American countries; (2) the President, the United States Trade Representative (USTR), and the Secretary of Agriculture should immediately consult with the European Union regarding the sale of European feed barley to the United States in order to avoid any future sale of such barley to the United States that is based on restitution or other subsidies; and (3) the USTR and the Secretary should report to the Congress on the terms and conditions of such sale, the results of the consultations, and the steps that are being taken or will be taken to address such situations in the future.
United States · United States Congress · 5 May 1998
Powder Cocaine Mandatory Minimum Sentencing Act of 1998 - Amends the Controlled Substances Act to decrease (from five kilograms to 500 grams, and from 500 to 50 grams) the amounts of a mixture or substance containing a detectable amount of coca leaves, cocaine, ecgonine, or compounds thereof (cocaine powder) the manufacture, distribution, or possession of which is punishable by specified penalties under the Act. Directs the U.S. Sentencing Commission to promulgate or amend guidelines to reflect the amendment made by this Act.
United States · United States Congress · 30 April 1998
Expresses the sense of the Senate that: (1) the European Union should take immediate steps to cancel the sale of European feed barley to the United States and establish procedures to ensure that restitution and other subsidies are not used for sales of agricultural commodities to the United States or other North American countries; (2) the President, the United States Trade Representative (USTR), and the Secretary of Agriculture should immediately investigate the sale of European feed barley to the United States and prevent any future sale of such commodities to the United States or other North American countries that is based on restitution or other subsidies; and (3) the USTR and the Secretary should report to the Congress on the terms and conditions of such sale and the steps that have been taken to cancel, and prevent the recurrence of, such sales in the future.
United States · United States Congress · 29 April 1998
Health Care Claims Guidance Act - Amends Federal law relating to claims against the U.S. Government to prohibit any action under such provisions based on a claim submitted: (1) under a federally funded health care program unless the amount of damages alleged is a material amount; (2) in reliance on erroneous information supplied by a Federal agency or in reliance on written statements of Federal policy which affects such claim provided by a Federal agency; or (3) by a person that is in substantial compliance with a model compliance plan issued by the Secretary of Health and Human Services (in consultation with the Secretary of Defense). Requires that the Government prove an allegation of a false health care claim by clear and convincing evidence. Defines, for the amendments made by this Act, "federally funded health care program" to mean a program that provides health benefits, directly or otherwise, established under Social Security Act titles XVIII (Medicare), XIX (Medicaid), or XXI (Children's Health Insurance) or provisions of Federal law relating to the armed forces.
United States · United States Congress · 29 April 1998
Recognizes the historic significance of the 50th anniversary of the reestablishment of the State of Israel. Commends the Israeli people for their achievements in building a new state and a pluralistic democratic society in the Middle East. Reaffirms the bonds of friendship and cooperation between the United States and Israel. Extends congratulations and best wishes to the State of Israel and her people for a peaceful, prosperous, and successful future.
United States · United States Congress · 23 April 1998
Truth in Employment Act - Amends the National Labor Relations Act to provide that nothing in specified prohibitions against unfair labor practices by employers shall be construed as requiring an employer to employ any person who is not a bona fide employee applicant, in that such person seeks or has sought employment with the employer with the primary purpose of furthering another employment or agency status.
United States · United States Congress · 3 April 1998
Small Business Regulatory Assistance Act of 1998 - Amends the Small Business Act to require each participating Federal agency (the Internal Revenue Service, Environmental Protection Agency, and Department of Labor), the Assistant Administrator for Small Business Development Centers of the Small Business Administration, and representatives of an association representing a majority of small business development centers (SBDCs) to agree to a small business regulatory compliance assistance plan. Directs the Assistant Administrator to develop and publish guidelines for the establishment by SBDCs of a system of small business voluntary regulatory compliance (system), with specified guideline requirements. Outlines the assistance to be provided to participating small businesses, with an exception concerning legal services. Requires annual reports from: (1) each SBDC to the Assistant Administrator on assistance provided; and (2) the Assistant Administrator to the House and Senate Small Business Committees and the Regulatory Fairness Board concerning the assistance provided under this Act, the level of outreach to small businesses achieved by SBDCs, and recommendations for improvements in the regulation of small businesses participating in the system. Directs the Comptroller General to evaluate the system and submit findings to such Committees. Provides State funding limits for such assistance, with exceptions and an exemption from matching requirements. Prohibits the Assistant Administrator from providing any funds to an SBDC after September 30, 2000, unless such SBDC has been approved for funding under a certification requirement (with a waiver for a good faith effort to achieve such certification). Authorizes appropriations for FY 1999 through 2002.
United States · United States Congress · 1 April 1998
U.S. Holocaust Assets Commission Act of 1998 - Establishes the Presidential Advisory Commission on Holocaust Assets in the United States to: (1) study and develop an historical record of the collection and disposition of specified assets of Holocaust victims if they came into the possession or control of the Federal Government, including the Board of Governors of the Federal Reserve System and any Federal reserve bank, at any time after January 30, 1933; (2) coordinate its activities with those of private and governmental entities; (3) review comprehensively research conducted by other entities regarding such assets in the United States; and (4) report its recommendations to the President. Instructs the President to report recommendations for action to the Congress. Provides for funding of Commission activities.
United States · United States Congress · 1 April 1998
Prohibits the President from transferring a veterans memorial object that was brought to the United States as a memorial of combat abroad to a foreign country or entity controlled by a foreign government, or to any person for ultimate transfer or conveyance to such a country or entity, unless specifically authorized by law.
United States · United States Congress · 27 March 1998
American Missile Protection Act of 1998 - States as U.S. policy to deploy as soon as technologically possible an effective National Missile Defense system capable of defending U.S. territory against limited ballistic missile attack (whether accidental, unauthorized, or deliberate).
United States · United States Congress · 26 March 1998
TABLE OF CONTENTS: Title I: Department of State Activities Title II: Commission on International Religious Persecution Title II: National Security Council Title IV: Sanctions Subtitle I: Targeted Responses to Religious Persecution Abroad Subtitle II: Strengthening Existing Law Title V: Promotion of Religious Freedom Title VI: Refugee, Asylum, and Consular Matters Title VII: Miscellaneous Provisions International Religious Freedom Act of 1998 - Declares it to be U.S. policy to: (1) condemn religious persecution, and to promote, and to assist other governments in the promotion of, the fundamental right to religious freedom; and (2) seek to channel U.S. security and development assistance to governments that are found not to be engaged in gross violations of human rights, including the right to religious freedom. Title I: Department of State Activities - Establishes within the Department of State an Office on International Religious Freedom which shall be headed by an Ambassador at Large on International Religious Freedom. (Sec. 102) Directs the Ambassador at Large to assist the Secretary of State in preparing those portions of the Human Rights Reports that relate to freedom of religion and religious discrimination, and to submit to the appropriate congressional committees, in conjunction with the Human Rights Reports, an Annual Report on Religious Persecution: (1) identifying foreign countries that engage in or tolerate acts of religious persecution; and (2) describing U.S. policies in support of religious freedom in such countries. (Sec. 103) Requires the Ambassador at Large, in order to facilitate access by nongovernmental organizations (NGOs) and the public around the world to international documents on the protection of religious freedom, to establish an Internet site containing major international documents relating to religious freedom, the Annual Report on Religious Persecution, and any other relevant documentation or references to other sites. (Sec. 104) Amends the Foreign Service Act of 1980 to direct the Secretary and the Ambassador at Large to establish as part of the standard training for Foreign Service officers, including chiefs of mission, instruction in the field of internationally-recognized human rights. (Sec. 105) Directs U.S. chiefs of mission to seek out and meet with religious NGOs, including imprisoned religious leaders where appropriate. (Sec. 106) Expresses the sense of the Congress that: (1) U.S. diplomatic missions in countries where the government engages in or tolerates religious persecution should develop, as part of annual program planning, a strategy to promote freedom of religion; and (2) in allocating funds or recommending candidates for U.S. programs and grants, U.S. missions should give particular consideration to those programs and candidates deemed to assist in the promotion of the right to religious freedom. (Sec. 107) Directs the Secretary to permit, on terms no less favorable than that accorded other nongovernmental activities, access to the premises of U.S. diplomatic missions by U.S. citizens seeking to conduct religious activities. (Sec. 108) Expresses the sense of the Congress that, in order to encourage involvement with religious persecution concerns at every possible opportunity and by all appropriate U.S. Government representatives, officials of the executive branch should promote increased advocacy with respect to the preparation of issue briefs consisting of lists of persons believed to be imprisoned for their religious faith during meetings between executive branch and congressional leaders and foreign dignitaries. Title II: Commission on International Religious Persecution - Establishes the United States Commission on International Religious Persecution. (Sec. 202) Makes the Commission's primary responsibility to: (1) consider the facts and circumstances of religious persecution presented in the Annual Report on Religious Persecution, as well as information from other appropriate sources; and (2) make appropriate policy recommendations to the President, the Secretary, and the Congress. Title III: National Security Council - Amends the National Security Act of 1947 to express the sense of the Congress that there should be within the staff of the National Security Council a Special Adviser to the President on Religious Persecution, serving as a resource for executive branch officials, compiling information on the facts and circumstances of religious persecution and violations of religious freedom, and making policy recommendations. Title IV: Sanctions - Subtitle I: Targeted Responses to Religious Persecution Abroad - Directs the President, for each foreign country in which the government engages in or tolerates religious persecution, to oppose that persecution by certain measures and promote the right to freedom of religion in that country. Prescribes a procedure for determining, before the President imposes any sanctions or commensurate actions, whether a foreign government has engaged in a consistent pattern of gross violations of the right to religious freedom. (Sec. 403) Directs the President to: (1) consult with the violating foreign government prior to imposing such sanctions; and (2) report to the Congress. (Sec. 405) Specifies among the measures and sanctions the President may take: (1) public condemnation; (2) cancellation of scientific and cultural exchanges; (3) withdrawal, limitation, or suspension of U.S. development assistance and U.S. security assistance; (4) withdrawal, limitation, or suspension of certain preferential tariff treatment; (5) instruction of U.S. executive directors of international financial institutions to vote against loans primarily benefiting the foreign government responsible for such persecution; (6) restrictions on the issuance of licenses to export any goods or technology to such foreign government; (7) prohibition against the making, guaranteeing, or insuring of loans, or extension of credit by certain U.S. financial institutions to the violating government; and (8) prohibition of U.S. Government procurement of goods or services from such government. Provides for commensurate actions in substitution for any of such measures and sanctions. Declares that any such action may not: (1) prohibit or restrict the provision of humanitarian assistance; or (2) impede any U.S. Government action to enforce the right to maintain intellectual property rights. (Sec. 407) Authorizes the President to waive the requirements of this Act if certain conditions are met. (Sec. 409) Provides for congressional review of any sanctions imposed, or the waiver of any requirements, under this Act. Subtitle II: Strengthening Existing Law - Amends the Foreign Assistance Act of 1961 and the International Financial Institutions Act to add as a factor for consideration in formulating U.S. development assistance, military assistance, and multilateral assistance programs whether the government of a foreign country has: (1) engaged in gross violations of the right to freedom of religion; or (2) failed to undertake serious and sustained efforts to combat gross violations of the right to freedom of religion, when such efforts could have been reasonably undertaken. (Sec. 423) Requires the inclusion on the list of crime control and detection instruments or equipment controlled for export or reexport under the Export Administration Act of 1979 (and so subject to mandatory licensing) items the Secretary of State has determined are being used or are intended for use directly and in significant measure to carry out gross violations of the right to freedom of religion. Declares that the prohibition on the issuance of a license for export of crime control and detection instruments or equipment under the Foreign Assistance Act of 1961 shall apply to the export or reexport of such items. Title V: Promotion of Religious Freedom - Amends the Foreign Assistance Act of 1961 to authorize the use of development assistance funds to carry out programs and activities in foreign countries which will encourage and promote the right to free religious belief and practice. (Sec. 502) Amends the International Broadcasting Act of 1994 and the Mutual Educational and Cultural Exchange Act of 1961 with respect to promoting respect for freedom of religion. (Sec. 504) Amends the Foreign Service Act of 1980 to state that service in the promotion of internationally recognized human rights, including the right to religious freedom, shall serve as a basis for the award of performance pay and Foreign Service awards to Foreign Service employees. Title VI: Refugee, Asylum, and Consular Matters - Requires the Annual Report on Religious Persecution to serve as a resource for immigration judges and consular, refugee, and asylum officers in cases involving claims of persecution on the grounds of religion. (Sec. 602) Directs the Attorney General to provide all U.S. officials adjudicating refugee cases with the same training provided to officers adjudicating asylum cases, including training on the right to religious freedom and religious persecution. Requires the Attorney General and the Secretary of State to develop and implement guidelines that address potential hostile biases in Immigration and Naturalization Service personnel hired abroad and involved with duties which could constitute an effective barrier to a refugee claim if such personnel carry a hostile bias toward the claimant on the grounds of religion, race, nationality, membership in a particular social group or political opinion. Requires the Attorney General and the Secretary of State to: (1) develop guidelines to ensure uniform procedures to the extent possible with Joint Voluntary Agencies; and (2) ensure that the Joint Voluntary Agencies process is enhanced, and faulty preparation of claims does not result in the failure of a genuine claim to refugee status. (Sec. 603) Requires the Attorney General and the Secretary of State to develop guidelines to ensure that interpreters with hostile biases, including personnel of airlines owned by governments known to be involved in practices which would meet the definition of persecution under international refugee law, shall not in any manner be used to interpret conversations between aliens and inspection or asylum officers. Requires the Attorney General to provide training to all officers adjudicating asylum cases on the right to religious freedom and the nature of religious persecution abroad, including country-specific conditions. Requires the Executive Office of Immigration Review of the Department of Justice to incorporate into its initial and ongoing training of immigration judges training on the extent and nature of religious persecution internationally, including country-specific conditions. (Sec. 604) Amends the Immigration and Nationality Act to make inadmissible for naturalization any alien (including a spouse and children) who, while serving as a foreign government official, directly engaged in gross violations of the right to religious freedom. Title VII: Miscellaneous Provisions - Expresses the sense of the Congress that transnational corporations operating in countries in which the government engages in gross violations of the right to religious freedom should adopt codes of conduct: (1) upholding the right to religious freedom of their employees; and (2) ensuring that a worker's religious views in no way affect the status or terms of his or her employment. (Sec. 702) Expresses the sense of the Congress that in negotiating the definitions of crimes to be included in the subject matter jurisdiction of the International Criminal Court, the President should pursue the inclusion of gross violations of the right to religious freedom, to the extent they fall within the meaning in international law of crimes against humanity or genocide.
United States · United States Congress · 24 March 1998
Workplace Information Readability and Electronic Dissemination Act - Amends the Occupational Safety and Health Act of 1970 to direct the Secretary of Labor to revise certain regulations to: (1) provide that an employer complies with a specified standard if the employer makes information on each hazardous chemical used in the workplace readily accessible (available for retrieval within 24 hours, or immediately in the case of an emergency) to employees through electronic access or other alternatives to paper copies of Material Standard Data Sheets (MSDSs); and (2) require a standard format for MSDSs.
United States · United States Congress · 17 March 1998
Declares that the Senate: (1) expresses gratitude to, and calls upon all Americans to show their gratitude to, John McCain and the men who were held as prisoners of war during the Vietnam conflict and for the return of Senator McCain to the United States; and (2) will not forget that more than 2,000 members of the armed forces remain unaccounted for from such conflict and will continue to press for the fullest accounting for such members.
United States · United States Congress · 12 March 1998
TABLE OF CONTENTS: Title I: Health Professions Education and Financial Assistance Programs Subtitle A: Health Professions Education Programs Subtitle B: Nursing Workforce Development Subtitle C: Financial Assistance Title II: Office of Minority Health Title III: Selected Initiatives Title IV: Miscellaneous Provisions Health Professions Education Partnerships Act of 1998 - Title I: Health Professions Education and Financial Assistance Programs - Subtitle A: Health Professions Education Programs - Amends the Public Health Service Act to replace provisions relating to the training of health personnel from disadvantaged backgrounds with provisions mandating grants for programs of excellence in health professions education for underrepresented minority individuals, including to develop large applicant pools, enhance academic performance, train, recruit, and retain faculty, improve resources and curricula, and facilitate research. Authorizes appropriations. Authorizes grants to specified types of health professions schools for scholarships for students from disadvantaged backgrounds who have a financial need for a scholarship, with grant priority based on the proportion of graduates going into primary care, the proportion of underrepresented minority students, and the proportion of graduates working in medically underserved communities. Authorizes appropriations. Mandates a program of contracts for educational loan repayment (for individuals from disadvantaged backgrounds) in return for service as faculty members at specified types of health professions schools. Authorizes appropriations. Authorizes grants and contracts to increase the number of underrepresented minority faculty members. Authorizes appropriations. Authorizes grants and contracts to assist individuals from disadvantaged backgrounds to undertake education to enter a health profession and for scholarships for health professions education. Authorizes appropriations. Repeals provisions relating to obligated service regarding certain programs. (Sec. 102) Repeals provisions relating to area health education center programs. Modifies provisions relating to training in family medicine by adding: (1) references to internal medicine and general pediatrics; (2) provisions regarding the training of physician assistants; and (3) provisions regarding programs of general or pediatric dentistry. Authorizes appropriations. Repeals provisions regarding: (1) training in internal medicine, general pediatrics, general dentistry, physician assistants, and podiatric medicine; and (2) traineeships, fellowships, and the amount of grants. Establishes the Advisory Committee on Training in Primary Care Medicine and Dentistry. (Sec. 103) Replaces provisions relating to training in certain health professions with provisions requiring that, in order to receive assistance under the amendments made by this section, an academic institution use the assistance in collaboration with two or more disciplines. Requires the recipient to carry out innovative demonstration projects for strategic workforce supplementation to meet national goals for interdisciplinary, community-based linkages. Mandates grants and contracts for area health education center programs meeting certain objectives, including recruiting and training health professionals from and for underserved areas and underserved populations. Requires that, in order to be eligible for funds under this paragraph, a health education training center be an entity otherwise eligible for funds under the paragraph immediately above and meet other specified requirements, including addressing persistent and severe unmet health care needs in States bordering the United States and Mexico, in Florida, and other areas. Requires that funding be made available. Mandates grants and contracts for the establishment or operation of geriatric education centers. Authorizes grants and contracts for geriatric training projects to train physicians, dentists, and behavioral and mental health professionals who plan to teach geriatric medicine, geriatric behavioral or mental health, or geriatric dentistry. Mandates a program to provide Geriatric Academic Career Awards to promote the career development of individuals as academic geriatricians. Requires Award recipients to provide clinical geriatrics training. Authorizes grants or contracts to help fund interdisciplinary training projects involving: (1) training health practitioners for rural areas; (2) demonstrating cost-effective comprehensive health care; (3) delivering rural health care; (4) enhancing rural health care research; and (5) recruiting and retaining practitioners from rural areas and making rural practice more attractive. Allows the use of student stipends, post-doctoral fellowships, faculty training, and the purchase or rental of transportation and telecommunication equipment. Authorizes grants or contracts for: (1) expanding or establishing programs to increase the number of allied health professionals; (2) projects in preventive and primary care training for podiatric physicians in residency programs providing traineeships; and (3) demonstration projects involving collaboration between chiropractors and physicians to identify and provide effective treatment for spinal and lower back conditions. Mandates establishment of the Advisory Committee on Interdisciplinary, Community-Based Linkages. Authorizes appropriations to carry out this section. (Sec. 104) Replaces provisions relating to special training projects with provisions authorizing grants or contracts for information collection, analysis, research, and the development of a non-Federal analytic and research infrastructure, all related to the health professions workforce, related issues, and future directions. Authorizes appropriations. Amends the Health Professions Education Extension Amendments of 1992 to extend the dates for the final report and termination of the Council on Graduate Medical Education. Allows amounts otherwise appropriated under specified provisions to be used to support the Council's activities. Transfers the amended provisions to the Public Health Service Act. (Sec. 105) Amends the Public Health Service Act to authorize grants or contracts: (1) to increase the public health workforce and enhance its quality and ability to meet health care needs; and (2) for the operation of public health training centers. Authorizes grants for graduate or specialized training in public health, to assist in providing traineeships in health professions fields in which there is a severe shortage of health professionals. Authorizes grants and contracts for residency programs in preventive medicine and dental public health and related financial assistance to residency trainees. Authorizes grants for: (1) traineeships in health administration, hospital administration, or health policy analysis and planning; and (2) related preparation of students for employment with public or nonprofit private entities. Authorizes appropriations to carry out this section. (Sec. 106) Repeals or removes provisions of the Public Health Service relating to: (1) research on certain health professions issues; (2) chiropractic demonstration projects; (3) the submission of specified information in conjunction with applications for grants or contracts; and (4) the development and publication of certain statistics, the handling of certain personal data, and the submission of certain reports. Imposes new application requirements and lists permitted uses of funds. Requires competitive awarding of grants and contracts. Adds professional counselors to the list of health professions personnel about whom information may be collected and analyzed. (Sec. 107) Requires that programs that have graduated less than three classes be given funding priority if they meet certain criteria relating to serving underserved populations or underserved communities. (Sec. 108) Adds references to behavioral health and to counseling to various generally applicable to health professions education provisions. Includes in the definition of "medically underserved community" an area or population designated by a State governor as a shortage area or medically underserved community. Modifies the definition of "program for the training of physician assistants." Subtitle B: Nursing Workforce Development - Nursing Education and Practice Improvement Act of 1998 - Replaces Public Health Service Act title VIII (Nurse Education) (except provisions relating to student loans, the loan repayment program, and sex discrimination) with a new title on nursing workforce development. Requires that grants and contracts be awarded competitively. Authorizes grants and contracts to: (1) enhance advanced practice nursing education and practice and traineeships for individuals in advanced practice nursing programs; (2) increase nursing education opportunities for individuals from disadvantaged backgrounds by providing scholarships or stipends, pre-entry preparation, and retention activities; and (3) strengthen capacity for basic nurse education and practice. Authorizes appropriations. Establishes the National Advisory Council on Nurse Education and Practice. Subtitle C: Financial Assistance - Chapter 1: School-Based Revolving Loan Funds - Modifies requirements: (1) schools must (in order to participate in the student loan program under specified provisions) meet regarding the percentages of graduates going into primary care; and (2) regarding student noncompliance with loan agreements. Removes a requirement for an annual report to specified congressional committees regarding administration of provisions relating to student loan funds in the context of medical schools and primary care. (Sec. 132) Extends the authorization of appropriations for Federal capital contributions to student loan funds under provisions relating to students from disadvantaged backgrounds. Repeals the authorization effective October 1, 2002. (Sec. 133) Allows loan repayment to be extended for up to ten years in specified circumstances. Increases minimum principal and interest payments. Prohibits, notwithstanding any other provisions of Federal or State law, any limit on the period within which a nursing school may seek repayment. Specifies the consequences (applicable if so provided in the agreement) imposed on default concerning an agreement to provide service in consideration for an award of Federal funds regarding nursing education. (Sec. 134) Modifies provisions controlling the maximum limit on a loan made to a student for a school year. Allows repayment to be made over ten to 25 (currently, over ten) years, at the option of the institution. Increases minimum principal and interest payments. Prohibits, notwithstanding any other provisions of Federal or State law, any limit on the period within which a nursing school may seek repayment. Sets a deadline for obligation of amounts from student loan funds under certain provisions that are returned to the Secretary by health professions schools. Chapter 2: Insured Health Education Assistance Loans to Graduate Students - Authorizes loan payment deferral for up to three years while the borrower is providing health care services to Indians through an Indian health program. Removes a requirement that the Office for Health Education Assistance Loan Default Reduction submit an annual report to specified congressional committees. Allows collection of loan balances after the borrower's death. Limits the maximum annual dollar amount of a loan to a student in a graduate program in behavioral and mental health practice, including clinical psychology, and includes institutions offering such programs in the definition of "eligible institution." (Sec. 142) Removes provisions mandating performance standards for lenders and holders of loans. Allows Federal payment of the loan after default, unless the lender, holder, or servicer has a compliance performance rating under 97 percent, in which case payment must be made at 98 percent of the loss. (Sec. 143) Sets forth maximum limits for specified fiscal years on the total principal amount of new loans made and installments paid pursuant to lines of credit to borrowers covered by Federal loan insurance under provisions relating to insured health education assistance loans to graduate students. (Sec. 144) Allows, notwithstanding any other provision of Federal or State law, an insured loan to be discharged in bankruptcy. (Current law allows such discharge, but makes no reference to other provisions of law.) (Sec. 145) Prohibits construing specified provisions as prohibiting refinancing of a single loan. Title II: Office of Minority Health - Modifies the duties of the Office of Minority Health. Establishes the Advisory Committee on Minority Health. Requires that grants, cooperative agreements, and contracts be awarded on a competitive basis. Authorizes appropriations: (1) for the Office; and (2) to enable the National Center for Health Statistics to collect data on Hispanics and American Indians and to develop special area population studies on major Asian American and Pacific Islander populations. Locates the Office in the Office of Public Health and Science (currently, in the Office of the Assistant Secretary for Health). Title III: Selected Initiatives - Amends provisions relating to grants to States for operation of offices of rural health to remove a requirement that non-Federal matching funds be in cash. Extends the authorization of appropriations. Increases the dollar appropriation level after which additional grants are prohibited. (Sec. 302) Removes the minimum and maximum limits on the number of grants to States for certain programs concerning Alzheimer's disease or related disorders. Allows respite care under such programs to be provided to individuals living in single family homes or in congregate settings. Allows grant funds to be used to improve access to home-based or community-based long-term care services. Removes a grant duration limitation. Extends the authorization of appropriations. (Sec. 303) Extends the authorization of appropriations for immunization program grants for no-charge immunizations for children, adolescents, and adults (currently, for individuals). Title IV: Miscellaneous Provisions - Deems active service of Public Health Service commissioned officers to be active military service in the U.S. armed forces for purposes of all laws regarding discrimination on the basis of race and other specified factors. Authorizes leave without pay status for attendance at an educational institution or training program when it is in the best interest of the Service. Declares that provisions mandating confidentiality of certain substance abuse records do not apply to any interchange of records within the uniformed services (currently, within the armed forces). (Sec. 403) Requires that a person who has received a clinical traineeship in counseling under specified provisions serve for specified periods. (Sec. 404) Extends the authorization of appropriations for grants for screenings, referrals, and education regarding lead poisoning. (Sec. 405) Extends the authorization of appropriations for grants for the prevention, control, and elimination of tuberculosis. Authorizes the set-aside of a specified percentage (currently, a specified dollar amount) for areas with a substantial number of, or a substantial rate of increase in, cases. (Sec. 406) Authorizes establishment of technical and scientific peer review groups and scientific program advisory committees as needed to carry out the functions of the Centers for Disease Control and Prevention. (Sec. 407) Amends the Family Violence Prevention and Services Act to authorize appropriations to carry out provisions regarding grants for community projects to coordinate intervention and prevention of domestic violence. Provides for a study of the training needs of health professionals concerning the detection and referral of victims of family or acquaintance violence. (Sec. 408) Amends the Public Health Service Act to extend the authorization of appropriations for grants for programs to increase the availability of primary health services in health professional shortage areas. (Sec. 409) Allows reservation of up to $2.5 million (currently, requires reservation of $5 million) for construction, renovation, or other improvement of regional centers for primate research. (Sec. 410) Allows a grant or cooperative agreement (currently, a grant, cooperative agreement, or contract), the direct cost of which exceeds $50,000, to be made only if it is recommended after peer review and by the appropriate advisory council. (Sec. 411) Extends the authorizations of appropriations to carry out specified provisions relating to trauma care and to health information and health promotion. (Sec. 413) Limits grants for emergency medical services for children to three years with an optional fourth year (currently, to two years). Allows only three (currently, one) grant in a State per fiscal year. Extends the authorization of appropriations. (Sec. 414) Amends the National Institutes of Health Revitalization Act of 1993 to remove provisions requiring that entities receiving funds under that Act comply with specified provisions of the Act popularly known as the Buy American Act. (Sec. 415) Amends Public Health Service Act provisions relating to the determination of the amount of grants to States to improve the quality, availability, and organization of health care and support services for individuals and families with HIV disease to list the Virgin Islands and Guam with States. (Currently, they are listed with U.S. territories. Listing them with States changes the formula used for determining the amount of grants.)
United States · United States Congress · 10 March 1998
Taxpayer Confidentiality Act of 1998 - Amends the Internal Revenue Code to extend common law confidentiality protections to a communication between a taxpayer and a federally authorized tax practitioner (as defined by this Act) if such communication would be considered a privileged taxpayer-attorney communication. Limits such privilege to noncriminal matters before the Internal Revenue Service and related Federal court proceedings.
United States · United States Congress · 6 March 1998
TABLE OF CONTENTS: Title I: Provisions Relating to Women's Health Research at the National Institutes of Health Title II: Provisions Relating to Women's Health at the Centers for Disease Control and Prevention Women's Health Research and Prevention Amendments of 1998 - Title I: Provisions Relating to Women's Health Research at the National Institutes of Health - Amends the Public Health Service Act to extend the authorization of appropriations for programs regarding diethylstilbestrol (DES). Mandates a program of education of health professionals and the public concerning DES. (Sec. 102) Extends the authorizations of appropriations for: (1) research on osteoporosis, Paget's disease, and related bone disorders; (2) the National Cancer Institute; (3) breast cancer programs; and (4) programs on ovarian and other cancers of the reproductive system of women. (Sec. 104) Mandates expansion, intensification, and coordination of research and related activities of the National Heart, Lung, and Blood Institute regarding heart attack, stroke, and other cardiovascular diseases in women. Authorizes appropriations. (Sec. 105) Extends the authorization of appropriations for the National Institute on Aging. (Sec. 106) Requires that the Director of the National Institutes of Health (currently, the Director of the Office of Research on Women's Health) appoint members of the Advisory Committee on Women's Health. Title II: Provisions Relating to Women's Health at the Centers for Disease Control and Prevention - Extends the authorization of appropriations for the National Center for Health Statistics and the National Program of Cancer Registries. (Sec. 203) Requires that certain breast and cervical cancer programs be carried out through public or private (currently, public or nonprofit private) entities. Extends authorizations of appropriations for various preventive health measures relating to breast and cervical cancers. (Sec. 204) Extends the authorizations of appropriations for: (1) centers for research and demonstration regarding health promotion and disease prevention; and (2) community projects to coordinate intervention and prevention of domestic violence.
United States · United States Congress · 6 March 1998
Higher Education Reporting Relief Act - Amends the Internal Revenue Code to: (1) repeal the higher education tuition information return requirement for educational institutions and certain related businesses; and (2) require certain institution-identifying information to be provided by the taxpayer in order to claim the tuition credit.
United States · United States Congress · 3 March 1998
Expresses the sense of the Senate that: (1) it should be U.S. policy to support Israel's efforts to enter an appropriate United Nations (UN) regional group; (2) the President should instruct the U.S. Permanent Representative to the UN to carry out this policy; (3) the United States should insist that any effort to reform the UN, including the Security Council, also resolve this anomaly and should ensure that the principle of sovereign equality be upheld without exception; and (4) the Secretary of State should submit a report to the Congress on the steps taken by the United States, the UN Secretary General, and others to help secure Israel's membership in an appropriate UN regional group.
United States · United States Congress · 3 March 1998
Recognizes and celebrates 1998 as the 150th anniversary of the Women's Rights Movement and March 1998 as National Women's History Month under the theme "Living the Legacy of Women's Rights."
United States · United States Congress · 27 February 1998
TABLE OF CONTENTS: Title I: Management Reform Title II: Procedures for Establishment of New National Parks Title III: Recreational Fee Demonstration Program Title IV: Concession Reform Title V: National Park Passport Program Title VI: National Parks Resource Inventory and Management Title VII: Designation of Tax Refunds and Contributions for the Benefit of the National Parks Title VIII: National Park Foundation Title IX: Commercial Filming in National Parks Title X: Capital Improvement Project Bond Demonstration Program Title XI: Miscellaneous Vision 2020 National Parks Restoration Act - Title I: Management Reform - Directs the Secretary of the Interior, acting through the Director of the National Park Service, to continually improve the ability of the National Park System (NPS) to provide state-of-the-art protection and interpretation to NPS resources. (Sec. 103) Makes park rangers responsible for protecting, interpreting, managing, and educating the public about the natural and cultural resources contained within the national parks, as well as serving and protecting park visitors. Directs the Secretary to strengthen and enhance the park ranger occupation through the ranger careers program designed to enable rangers to meet the challenges confronting national parks in the future. Outlines provisions concerning program staffing, training, management and specialized positions, a design phase, educational requirements, the park ranger workforce, fitness standards, and a program operational phase. Requires regular reports from the Secretary to the Congress on the state of the program. (Sec. 104) Directs the Secretary, during 2000 and biennially thereafter, to implement a strategic management plan for the NPS, with a focus on functions performed at the national headquarters, regional offices, support offices, service centers, and national parks. Requires a report from the Secretary to specified congressional committees detailing actions implemented as a result of the plan. (Sec. 105) Requires the superintendent or manager of each NPS national park, central office, and support office to develop and make public a comprehensive annual budget for such park or office. Title II: Procedures for Establishment of New National Parks - Directs the Secretary to submit to specified congressional committees a list of areas recommended for study for potential inclusion as new NPS units. Requires specific authorization by an Act of Congress before initiation of any such study. Outlines factors to be included in such studies, including whether the area possesses nationally significant natural, historic, or cultural resources, or outstanding recreation opportunities. Requires any such study to be completed within three years of its authorization. Directs the Secretary to submit to the appropriate committees a list of areas previously studied that contain primarily historical or cultural resources, or that contain natural resources, but that have not been added to the NPS. Title III: Recreational Fee Demonstration Program - Extends through FY 2005 NPS authority under the recreational fee demonstration program. Makes such authority available for all NPS units, except that no recreational admission fee may be charged at Great Smoky Mountains National Park and Lincoln Home National Historic Site. Requires a report from the Secretary to specified congressional committees on the program's status. Title IV: Concession Reform - Calls upon the continued involvement of the private sector in the delivery of high-quality goods and services in the national parks. Establishes within NPS a Concession Board to: (1) assist the Secretary in the preparation and issuance of a solicitation for proposals for persons to serve as Concession Manager; (2) review and make recommendations on such Manager's decisions on the selection of concessionaires and other matters; (3) make recommendations regarding the allocation of collected concession fees; and (4) mediate disputes between concessionaires and the Manager or national park superintendents. Provides for Manager appointment and functions, including the negotiation of concession contracts. Outlines concession contract terms and conditions, including provisions concerning franchise fees, capital improvements, possessory interest payments, appraisals, leasehold surrender values, property rights as collateral, and prices for goods and services provided under such contracts. Allows concession contract transfer only with the Secretary's approval. Allows the Secretary to negotiate any individual concession contract with anticipated annual revenues of less than $2 million without the issuance of a prospectus or the solicitation of competitive bids. Sets forth provisions applicable to all other contracts, including provisions governing issuance of a prospectus for the solicitation of competitive bids, submission of a statement as to the concessionaire's financial capability and operational expertise, concessionaire selection, and contract termination. (Sec. 406) Requires all contract concession fees collected to be used first to pay consideration under the contract with the Manager for the fiscal year, with the remainder to be allocated to each national park, based on that park's relative share of fees collected, to fund high-priority resource management and visitor services programs and operations. (Sec. 407) Authorizes the Manager to suspend or terminate concession contracts. (Sec. 408) Outlines concessionaire recordkeeping and reporting requirements. Requires Comptroller General access to such information. (Sec. 409) Directs the Secretary to promote the sale of authentic Indian and Alaska Native handicrafts relating to the cultural, historical, and geographic characteristics of national park areas. Exempts revenue derived from such sales from any franchise fee payments. (Sec. 410) Makes a Federal provision which requires the lease of government property to be made for money consideration only inapplicable to leases, permits, and contracts granted by the Secretary for the use of NPS land and improvements to provide accommodations, facilities, and services for park visitors. (Sec. 411) Excludes a concession contract's award, extension, renewal, or amendment from provisions of the National Environmental Policy Act of 1969. Title V: National Park Passport Program - Directs the Secretary to establish a national park passport program which shall provide the passport holder with admission to all U.S. national parks. Includes under the program the issuance of collectible stamps. Makes such passports nontransferable. Outlines program administrative provisions and requirements, including provisions governing the sale of stamps and passports and the use of passport proceeds for NPS projects. (Sec. 505) Directs the Secretary to establish an international park passport program under which park passports and stamps are made available exclusively to foreign visitors to the United States. Terminates such program at the end of 2003 unless at least 200,000 permits are sold during that year. (Sec. 506) Authorizes appropriations for the park passport program. (Sec. 507) Sets at $50 the fee for a park passport and stamp. Title VI: National Parks Resource Inventory and Management - Directs the Secretary to undertake a program of scientific study by NPS employees and cooperators in each national park. Requires natural, cultural, and physical resources of each park, as well as contemporary park uses, to be studied under such program. Directs the Secretary to appoint a Chief Scientist within the NPS to: (1) coordinate all unit resource studies; and (2) exercise authority over all NPS persons conducting such studies. Requires a peer review process to ensure the validity and reliability of each study. (Sec. 604) Directs the Secretary to: (1) enter into long-term cooperative agreements with geographically dispersed colleges and universities to act as primary centers through which unit resource studies shall be conducted; and (2) undertake a program of inventory and monitoring of national park resources to establish baseline information and provide information on long-term trends in the conditions of national park resources. Requires appropriate workforce training to carry out NPS missions. (Sec. 606) Authorizes the Chief Scientist to solicit, receive, consider, and, when appropriate, approve requests for the use of any national park for purposes of scientific study. (Sec. 607) Requires, in each case in which a park resource may be adversely affected by an NPS action, the administrative record to reflect the manner in which unit resource studies and other studies have been considered. (Sec. 608) Provides for the confidentiality of information concerning the nature and location of a natural park resource that is endangered, threatened, rare, commercially valuable, or is an object of cultural patrimony within a national park. (Sec. 609) Authorizes appropriations. Title VII: Designation of Tax Refunds and Contributions for the Benefit of the National Parks - Amends the Internal Revenue Code to authorize an individual taxpayer to designate a specified portion (not less than $1) of any overpayment of tax and any cash contribution included with his or her tax return to be paid over to the National Parks Trust Fund to be established pursuant to this Act. Appropriates to the Fund amounts equivalent to those received under such designations. Directs the Secretary of the Treasury to submit to specified congressional committees a study of the effects of the Fund. (Sec. 703) Authorizes the Secretary to use Fund amounts for the design, construction, rehabilitation, and repair of high priority park facilities that directly enhance the experience of park visitors. Prohibits the use of Fund amounts for land acquisition. Title VIII: National Park Foundation - Directs the National Park Foundation to: (1) design and implement a comprehensive program to assist and promote philanthropic support programs at the individual national park level; and (2) include information on the program's progress in a required annual report. Title IX: Commercial Filming in National Parks - Directs the Secretary to establish or designate an NPS office to perform functions required under this title. Prohibits a person from producing any part of a commercial (for-profit) recorded image in a national park without first obtaining a permit from the Secretary and paying a permit fee. Sets such fee at one-half of one percent of the production budget for the vehicle in which the image is to be included. Requires permit proceeds to be used for the preservation, restoration, operation, maintenance, and improvement of high-priority projects and programs in the park in which the fee is collected that directly enhance the experience of park visitors. Requires a report from the Secretary to specified congressional committees on the collection of such fees. Title X: Capital Improvement Project Bond Demonstration Program - Directs the Secretary to identify not more than four NPS capital improvement projects, totaling not more than $40 million, which shall be financed through obligations issued to the Secretary of the Treasury as part of a bond demonstration program established under this title. Directs the Secretary of the Treasury to purchase obligations issued under the program if such Secretary finds that there is reasonable assurance of repayment of the obligations. (Sec. 1005) Directs the Secretary and the Secretary of the Treasury to report to the Congress on the program. Title XI: Miscellaneous - Directs the Secretary to appoint a multidisciplinary task force to fully evaluate the shortfalls, needs, and requirements of the U.S. Park Police, including facility repair, rehabilitation, and communications needs. Requires a report from the Secretary to specified congressional committees on findings and recommendations. (Sec. 1102) Authorizes the Secretary to enter into a lease with any person or governmental entity for the use of buildings and associated property administered by the Secretary as part of the NPS. Outlines lease requirements. Authorizes the Secretary to enter into an agreement with a State or local government agency for the cooperative management of national park land and nearby State or local park land.
United States · United States Congress · 27 February 1998
Expresses the sense of the Senate that: (1) it should be U.S. policy to support Israel's efforts to enter an appropriate United Nations (UN) regional group; (2) the President should instruct the U.S. Permanent Representative to the UN to carry out this policy; (3) the United States should insist that any effort to reform the UN, including the Security Council, also resolve this anomaly and should ensure that the principle of sovereign equality be upheld without exception; and (4) the Secretary of State should submit a report to the Congress on the steps taken by the United States, the UN Secretary General, and others to help secure Israel's membership in an appropriate UN regional group.
United States · United States Congress · 25 February 1998
Expresses the sense of the Senate that March 2, 1998, shall be known as Read Across America Day, in honor of Dr. Seuss's birthday. Encourages reading with children on that day.
United States · United States Congress · 12 February 1998
Child Custody Protection Act - Amends the Federal criminal code to prohibit and set penalties for transporting an individual under age 18 across a State line to obtain an abortion if the requirements of a law in the State where the individual resides, requiring parental involvement in a minor's abortion decision, are not met before obtaining the abortion. Makes an exception if the abortion was necessary to save the life of the minor. Authorizes any parent or guardian who suffers legal harm from a violation to obtain appropriate relief in a civil action.
United States · United States Congress · 12 February 1998
TABLE OF CONTENTS: Title I: Regulation of Tobacco Products and Tobacco Product Development Title II: National Efforts to Reduce Youth Smoking Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title IV: Miscellaneous Provisions Preventing Addiction to Smoking Among Teens Act (or PAST Act) - States as national goals that the average annual incidence of daily use of tobacco products by individuals under 18 years of age (minors) be reduced: (1) by 30 percent during the fifth and sixth calendar years after the enactment of this Act; (2) by 50 percent during the seventh, eighth, and ninth calendar years thereafter; and (3) by at least 60 percent during the tenth and subsequent years thereafter. Makes the above reduction 25, 35, and 45 percent, respectively, during such periods with respect to smokeless tobacco products. Title I: Regulation of Tobacco Products and Tobacco Product Development - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to include as prohibited activities: (1) the introduction into interstate commerce of any tobacco product that does not comply with health and safety regulatory requirements prescribed pursuant to this Act; and (2) the failure by the manufacturer of a tobacco product to comply with a health risk management standard, a good manufacturing practice standard, or a product labeling, warning, or packaging standard prescribed pursuant to this Act. Subjects tobacco product facilities to inspections under such Act. Adds a new FDCA chapter concerning health and safety regulatory requirements for tobacco products. Directs the Secretary of Health and Human Services to: (1) receive, assess, and provide appropriate confidentiality regarding certain health information submitted by each manufacturer or importer of tobacco products; (2) develop and implement with respect to such products health risk reduction standards, good manufacturing practice standards, and product labeling, warning, and packaging standards; (3) enforce and revise the labeling, warning, and packaging standards; (4) develop and implement tobacco product reduced risk and marketing standards; (5) establish and oversee a tobacco products scientific advisory committee which shall provide advice on the establishment of tobacco product marketing standards; and (6) submit reports to the Congress evaluating the effectiveness of such chapter and this Act. Requires each manufacturer or importer of tobacco products to submit to the Secretary specified product information, including ingredients, substances, and compounds, nicotine content, and scientific and marketing research activities and findings. Requires such information to be updated on an annual basis. Provides for the confidentiality of such information. Allows a manufacturer to petition the Secretary for a partial exemption from such requirements based upon a trade secret, with a required petition determination procedure. Directs the Secretary to establish tobacco product health risk reduction standards. Authorizes the Secretary to amend or revoke such standards. Authorizes the Secretary to adopt a standard that requires the modification of a tobacco product that involves the gradual reduction of nicotine, the reduction or elimination of other harmful ingredients, substances, and compounds, and changes to reduce the likelihood of cigarette-induced fires. Requires standards adopted to have as their objective the reduction of overall health risk to the public. Prohibits the Secretary from delegating the authority to promulgate a regulation that results in a general prohibition of a class of tobacco products or the elimination of nicotine. Directs the Congress to review, and authorizes it to disapprove of, any rule establishing, amending, or revoking a standard. Requires adopted standards to include the assessment of health risks posed by the components of tobacco, including nicotine and tar, and by tobacco use, including carbon monoxide. Requires each tobacco manufacturer to submit to the Secretary a health risk assessment for each ingredient, substance, or compound of each tobacco product of such manufacturer. Allows such assessment to be carried out by a third party organization on behalf of one or more manufacturers. Allows the Secretary to prohibit the use of any ingredient, substance, or compound in a tobacco product if no assessment has been submitted within 12 months after enactment of this Act. Provides for the review and approval or disapproval of such assessments. Directs the Secretary to require that the methods, facilities, and controls used in the manufacture, packaging, and storage of a tobacco product conform to current good manufacturing practices. Directs the Secretary to establish a Tobacco Product Requirements Waiver Board to provide advice and make recommendations with respect to the approval or disapproval of petitions for an exemption or variance from such conformance requirements. Makes it unlawful for any person to manufacture, package, or import for sale or distribution any cigarettes the package of which fails to bear one of nine specified statements as to the harm or dangers posed by cigarette use. Requires one such statement to be used in any cigarette advertising. Requires such statements to appear on the upper portion of the front panel of the cigarette package and to occupy no less than 25 percent of such panel. Outlines related labeling requirements, with exceptions, for cigarette packaging and advertising. Requires the quarterly rotation of labeling statements. Makes it unlawful to advertise cigarettes and small cigars on any medium of electronic communications, subject to the jurisdiction of the Federal Communications Commission. Makes it unlawful for any person to manufacture, package, or import any smokeless tobacco product the package of which fails to bear one of four specified statements as to the harm or dangers posed by such use. Outlines labeling, advertising, and rotation requirements similar to those provided for cigarettes, above, including a prohibition on advertising. Requires all manufacturers of tobacco products (regular and smokeless) to include on their product a general use statement to the effect that use of such product is intended only for persons 18 years of age and older. Prohibits, with respect to all tobacco products: (1) any form of outdoor advertising, including in stadiums or arenas; (2) the use of human images or cartoons in advertising; (3) advertising on the Internet; and (4) point-of-sale advertising (with certain exceptions and limitations). Provides general restrictions concerning the use of product names. Prohibits payments from being made by a manufacturer, distributor, or retailer for the placement of any tobacco product package or advertisement: (1) as a prop in any television program or motion picture; or (2) in a video or on a video game machine. Prohibits such payments from being made to promote the image or use of such products through print or film media that appeals to individuals under 18 years old or through a live performance by an entertainment artist that appeals to such individuals. Requires (with exceptions) tobacco product labeling and advertising to use only black text on a white background. Prohibits tobacco product manufacturers, importers, distributors, and retailers from marketing, licensing, distributing, or selling any item other than such product which bears the same brand name or other recognizable symbol of such product. Prohibits the use of gifts, contests, and lotteries in conjunction with the sale of tobacco products. Prohibits the use of tobacco brand names for the sponsorship of events, but allows the use of the corporate name under certain conditions. Allows a product to be designated by the Secretary as a reduced risk tobacco product if such product delivers a substantially lower yield of toxic substances than that delivered by conventional tobacco products. Outlines application, research, and marketing requirements for the reduced risk products. Requires a manufacturer to provide written notice to the Secretary upon the development or acquisition of any technology that would reduce the health risk of such products. Authorizes the Secretary, upon a determination of a reduced health risk of a product, to require: (1) the disclosure and use of the technology providing such reduced risk; and (2) that manufacturers cease manufacturing and marketing products not incorporating such technology. Directs the Secretary to implement specified restrictions on the marketing of tobacco products to minors, including: (1) prohibitions against retailer distribution of such products to minors, out-of-package distribution, distritution of free samples, or distribution through a vending machine or self-service display; and (2) requirements for photo identification of purchasers under age 27 and for face-to-face transactions. Allows a tobacco product to be distributed through the mail if there is a procedure for verifying that minors are not receiving the mailed products (with a required review of such procedure by the Secretary within two years after enactment of this Act). Directs the Secretary to establish the Tobacco Products Scientific Advisory Committee to: (1) assist in establishing, amending, or revoking a regulation required in prior provisions of this Act; (2) examine and make recommendations concerning nicotine yield levels; and (3) review other safety, dependence, or health issues relating to tobacco products. Directs the Secretary to prepare and submit to the Congress biennial reports concerning: (1) current sales, advertising, and marketing practices for tobacco products; (2) tobacco product use, especially among individuals under 18 years old; and (3) certain health issues related to tobacco product use. Allows any person adversely affected by any regulation adopted under this Act to file with the District of Columbia Court of Appeals or any appropriate Federal circuit court a petition for review. Provides review procedures. Allows the Secretary to use certain fees required of manufacturers, distributors, and retailers under this Act for the regulation and control of tobacco products. Requires the Secretary to set the total yearly collected fees at $100 million. Allows the adoption of State and local product regulatory laws that are in addition to, or more stringent than, requirements established under this Act. Repeals the Comprehensive Smokeless Tobacco Health Education Act of 1986. Directs the Secretary, after certain consultation, to establish and implement a Federal tobacco licensing program to be applied to entities that sell or distribute tobacco products to military installations, U.S. embassies, other Federal entities, and duty-free shops. Treats Indian tribes and lands as a State for purposes of such program. Title II: National Efforts to Reduce Youth Smoking - Tobacco Use by Minors Prevention Act - Amends the Public Health Service Act to add a new title "National Efforts to Reduce Youth Smoking." Provides for the determination of the underage use base percentages for cigarettes and smokeless tobacco. Directs the Secretary to: (1) annually determine the average annual incidence of daily tobacco product use by minors; and (2) determine whether specified percentage reductions have been achieved. Mandates a surcharge on manufacturers if the reduction has not been achieved. Sets dollar limits on total surcharges during a calendar year. Makes the surcharge a joint and several obligation of all manufacturers as allocated by their market share. Allows abatement petitions. Mandates manufacturer license fee reductions if use reduction targets are exceeded. Requires a State, in order to be eligible for Federal payments for the treatment of health and medical problems related to tobacco product use, to have and enforce a law that prohibits the sale of tobacco products to minors and ensures compliance with such prohibition. Sets forth a model State law establishing a program under which a person is required to obtain a State or local license to sell or otherwise distribute tobacco products directly to consumers. Includes under the model law provisions: (1) prohibiting tobacco product distribution to minors; (2) requiring tobacco licenses for distributors; (3) requiring photo identification of buyers and face-to-face purchase transactions; and (4) prohibiting out-of-package distribution or product sampling. Outlines tobacco licensing requirements, including State approval or denial within 30 days after application. Provides civil and criminal penalties for licensees and their employees for the sale or distribution of tobacco products in violation of licensing requirements. Provides for the suspension or revocation of such licenses in appropriate circumstances, requiring an opportunity to be heard on the matter. Prohibits a minor from purchasing, receiving, possessing, or using tobacco products in public places (mandating parental notification of violation allegations). Mandates random, unannounced inspections of licensed establishments, using minors to test compliance. Regulates retail signage. Requires notification of retail tobacco employees of relevant requirements. Imposes employer liability if such employer pays an employee's penalty. Provides a no-license penalty of two times the applicable license fee and $250 for each day that distribution continues without such license. Makes $65 million available annually from the Tobacco Settlement Trust Fund (Fund) for FY 1999 through 2008 to carry out the licensing requirements, with a specified per-State allotment of such funds. Makes specified amounts available from the Fund for such fiscal years to States, on an allotted basis, for various State and community action programs and initiatives for tobacco use prevention and control. Provides State application requirements, including submission of a State plan and certification with respect to funds use, and the establishment of an advisory committee. Requires each State to submit annual reports on funds use and progress made in achieving program goals. Mandates public inspection of reports and State audits of expenditures. Authorizes the Secretary to withhold allotted funds from a State not using such funds for their intended purposes. Considers programs and activities funded under such program as programs receiving Federal financial assistance for purposes of the enforcement of Federal nondiscrimination regulations. Provides criminal penalties for false statements made in receiving or using allotted funds. Makes specified Trust funds available for FY 1999 through 2008, on an allotted basis, for a State and community smoking cessation program. Outlines application procedures similar to the above program, including State plan and certification, an advisory committee, annual reports, public inspections and State audits, withholding of funds for improper uses, enforcement of Federal nondiscrimination regulations, and criminal penalties. Directs the Secretary to contract with the Institute of Medicine for a study on the framework for a research agenda and research priorities to be used by the National Tobacco Task Force. Establishes the Task Force to foster coordination among public health agencies, academic bodies, and community groups that conduct or support tobacco-related biomedical, clinical, behavioral, health services, public health and community, and surveillance and epidemiology research activities. Provides Task Force funding from the Fund for ten fiscal years. Requires the Director of the Centers for Disease Control and Prevention to carry out tobacco-related surveillance and epidemiological studies and to develop tobacco control and prevention strategies. Provides funding from the Fund for FY 1999 through 2008. Establishes the Tobacco Use Prevention and Cessation Board to enter into contracts with or award grants to eligible public and nonprofit private entities to carry out public informational and educational activities designed to reduce the use of tobacco products. Provides funds from the Fund for FY 1999 through 2008. Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Amends the Occupational Safety and Health Act of 1970 to direct the Secretary, within 12 months after enactment of this title, to promulgate a final standard on indoor air quality in work environments. Title IV: Miscellaneous Provisions - Provides for the severability of provisions of this Act in the event that any provision is held invalid.
United States · United States Congress · 12 February 1998
Declares that the Congress recognizes that: (1) parents choose many legitimate forms of child care to meet their individual needs; (2) child care needs of at-home parents and working parents should be given careful consideration by the Congress; and (3) any quality child care proposal should reflect careful consideration of providing financial relief for those families where there is an at-home parent. Calls for no bias against at-home parents, and recognizes and applauds their sacrifices and efforts.