United States · United States Congress · 9 September 1998
Auto Choice Reform Act of 1997 - Affords a person the right to choose between: (1) a personal protection system (personal system) providing insurance for that person and any resident relative or dependent; and (2) a tort maintenance system (tort system) providing for the form of motor vehicle insurance otherwise required in the State in which the person is insured. (Sec. 5) Sets forth personal system minimum requirements, including regarding waiver of certain tort rights. Supersedes State laws inconsistent with this Act. Sets forth tort system minimum requirements, allowing State laws (not inconsistent with this Act) regarding uninsured or underinsured motorist coverage. Provides for: (1) the effect of a person's choice on resident relatives and dependents; (2) underwriting rules to encourage choice uniformity within a household; and (3) the failure of a person to choose. Authorizes States to maintain a program to inform consumers (comparing the two systems) about costs, benefits, rights, and obligations. (Sec. 6) Requires that a person who chooses: (1) a tort system and is involved in an accident be subject to tort law for injury except that, based on fault, the person may claim against (and be claimed against by) a personal system person only for uncompensated economic loss; and (2) a personal system be compensated only for economic loss, without regard to fault. Provides for the handling of accidents involving: (1) persons with personal protection and unlawfully uninsured persons; and (2) motorists under the influence of alcohol or illegal drugs or engaging in intentional misconduct. (Sec. 8) Declares that this Act does not apply to a State if: (1) the State so elects; or (2) the State finds that average premiums will not be reduced by at least 30 percent for persons choosing the personal system.
United States · United States Congress · 31 July 1998
Measures to Encourage Results in Teaching Act of 1998 - Amends title II (Dwight D. Eisenhower Professional Development Program) of the Elementary and Secondary Education Act of 1965 to establish a new part D (State Incentives for Teacher Testing and Merit Pay). Directs the Secretary of Education to make an award to each State that: (1) administers a test to each elementary school and secondary school teacher in the State, with respect to the subjects taught by the teacher, every three to five years; and (2) has an elementary school and secondary school teacher compensation system based on merit. Allows States to use Federal education funds for teacher testing and merit pay programs.
United States · United States Congress · 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 · 21 July 1998
Agricultural Job Opportunity Benefits and Security Act of 1998 - Directs the Secretary of Labor to establish a database system of U.S. agricultural worker registries to provide temporary and seasonal agricultural job opportunity and referral information. Bases registry coverage on job opportunities in a State or group of contiguous States with a common pool of workers. Sets forth individual registrant requirements, including validation of employment status. (Sec. 4) Requires an employer (including employer associations) prior to hiring a temporary agricultural worker to apply to the Secretary for a U.S. worker referral from the appropriate registry. Sets forth provisions regarding: (1) employer application and labor- related assurance requirements; and (2) registry search and worker referral by the Secretary, including alien worker visa issuances in cases of insufficient registered workers. (Sec. 7) Sets forth employer requirements regarding: (1) wages; (2) housing, including an allowance in lieu of housing; and (3) transportation reimbursement, including establishment of a pilot program to provide certain registered workers with vouchers to purchase employment location transportation. (Sec. 8) Directs the Secretary to establish an enforcement process with respect to employer application violations, including: (1) written notice of finding and opportunity for administrative appeal; (2) payment of back wages; (3) civil monetary penalties; and (4) temporary and permanent program disqualification. (Sec. 9) Amends the Immigration and Nationality Act to replace the existing H-2A temporary agricultural worker admissions program with an alternative admissions program. Sets forth provisions regarding: (1) admissibility criteria; (2) length of stay; (3) abandonment of employment; (4) issuance of identification and employment documents; and (5) extension of stay for aliens in the United States. Establishes a trust fund in the Treasury to administer such program, and to provide monetary incentives for alien workers to return to their country of origin upon a finding by the Attorney General that such financial inducements are necessary to assure departures. Prohibits admission of H-2A alien family members. (Sec. 10) Includes certain H-2A workers who have complied with applicable visa conditions in the employment-based immigration preference allocation. (Sec. 11) Amends the Head Start Act to make certain seasonal agricultural worker families eligible for the migrant and seasonal (as added by this section) Head Start program. Increases the set-aside for specified Head Start programs. (Sec. 13) States that additional funds for the registry program, if necessary, shall come from amounts available to Federal and State entities under the Wagner-Peyser Act.
United States · United States Congress · 17 July 1998
TABLE OF CONTENTS: Title I: Patients' Bill of Rights Subtitle A: Right to Advice and Care Subtitle B: Right to Information about Plans and Providers Subtitle C: Right to Hold Health Plans Accountable Title II: Individual Rights with Respect to Personal Medical Information Subtitle A: Access to Medical Records Subtitle B: Establishment of Safeguards Subtitle C: Enforcement; Definitions Title III: Genetic Information and Services Title IV: Healthcare Quality Research Title V: Women's Health Research and Prevention Subtitle A: Provisions Relating to Women's Health Research at the National Institutes of Health Subtitle B: Provisions Relating to Women's Health at the Centers for Disease Control and Prevention Subtitle C: Women's Health and Cancer Rights Title VI: Enhanced Access to Health Insurance Coverage Patients' Bill of Rights Act - Title I: Patients' Bill of Rights - Subtitle A: Right to Advice and Care - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan covering emergency medical care to provide coverage, without requiring preauthorization, for appropriate emergency medical screening examinations to the extent that a prudent layperson, possessing an average knowledge of health and medicine, would determine such examinations to be necessary to determine whether emergency medical care is necessary. (Sec. 101) Requires a plan to cover additional emergency medical services following such an examination to the extent that a prudent emergency medical professional would determine such services to be necessary to avoid specified serious consequences. Requires a plan (other than a small employer's plan) providing benefit coverage only through a defined set of participating health care professionals to offer the option of point-of-service coverage (of the same benefits provided by a nonparticipating health care professional), unless the plan offers multiple issuer or coverage options. Requires any plan offering gynecological, obstetric, or pediatric care not to require prior authorization from a participant's primary care provider if such provider is not a gynecologist, obstetrician, or pediatrician. Requires a plan to permit a participant or beneficiary undergoing a course of treatment to continue such treatment for a period of time even though the contract between the plan and a health care provider is terminated, or the schedule of benefits or coverage is terminated by a change in the terms of the provider's participation in the plan. Specifies a 90-day continuation of coverage generally, and other transitional periods for institutionalization (until discharge), pregnancy (through post-partum care), and terminal illness (remainder of life). Declares that a plan shall not prohibit a health care professional from advising a patient about the patient's health status, medical care, or treatment for the patient's condition or disease, regardless of whether coverage for such care or treatment is provided under the contract, if the professional is acting within the lawful scope of the practice. Applies the requirements of this subtitle to group health plans, but not to a health insurance issuer licensed by a State and subject to State insurance regulation while engaged in the business of insurance in such State. Subtitle B: Right to Information about Plans and Providers - Requires plans and group health insurance issuers to disclose specified plan information to enrollees and (upon request) potential enrollees. (Sec. 112) Directs the Secretary of Health and Human Services (HHS) to contract with the Institute of Medicine for a study and report to the appropriate congressional committees on: (1) health care professionals information currently available to patients, consumers, States, and professional societies, nationally and on a State-by-State basis; (2) the legal and other barriers to the sharing of information about health care professionals; and (3) recommendations for disclosure of such information on health care professionals, including their competencies and professional qualifications, to better facilitate patient choice, quality improvement, and market competition. Subtitle C: Right to Hold Health Plans Accountable - Revises requirements for plan provision of a procedure for appealing denied claims. (Sec. 121) Requires a plan or health insurance issuer conducting utilization review to have: (1) specified procedures in place for coverage determinations, including expedited determinations; (2) written procedures for addressing grievances between a plan and enrollees; (3) an internal procedure for coverage determination appeals; and (4) an external review procedure for enrollee appeals, involving specified entities and independent medical experts, whose determination shall be binding. Prescribes external review standards. Directs the General Accounting Office to study and report to the appropriate congressional committees on a statistically appropriate sample of completed external reviews. Title II: Individual Rights with Respect to Personal Medical Information - Personal Medical Information Access Act - Subtitle A: Access to Medical Records - Amends ERISA to require any health care provider, health plan, employer, health or life insurer, school, or university, except in specified circumstances, to: (1) permit an individual who is the subject of protected health information (or the individual's designee) to inspect and copy protected health information concerning the individual; (2) amend such information upon the individual's request; and (3) make reasonable efforts to inform any person to whom the unamended portion of the information was previously disclosed of any nontechnical amendment that has been made. (Sec. 212) Prescribes procedures for: (1) an entity's denial of a request to amend such information; and (2) an individual's filing of a statement of disagreement with such denial, which shall accompany any subsequent disclosure of the disputed portion of the information. (Sec. 213) Requires any health care provider, health plan, employer, health or life insurer, school, or university to post notice of the entity's confidentiality practices, including specified information. Requires the Secretary to develop and disseminate model notices of confidentiality practices. Subtitle B: Establishment of Safeguards - Requires any health care provider, health plan, employer, health or life insurer, school, or university to establish and maintain appropriate administrative, technical, and physical safeguards to protect the confidentiality, security, accuracy, and integrity of protected health information the entity creates, receives, obtains, maintains, uses, transmits, or disposes of. Subtitle C: Enforcement; Definitions - Prescribes civil money penalties for substantial and material failure to comply with this Act. (Sec. 232) Sets forth definitions. Title III: Genetic Information and Services - Genetic Information Nondiscrimination in Health Insurance Act of 1998 - Amends ERISA, the Public Health Service Act (PHSA), and the Internal Revenue Code to prohibit a health care plan or health insurance issuer from restricting enrollment or adjusting premium or contribution amounts for a group on the basis of predictive genetic information concerning an individual in the group or a family member of the individual (including information about a request for or receipt of genetic services). (Sec. 302) Prohibits a plan or issuer from requesting or requiring predictive genetic information concerning an individual or a family member of the individual (including information about a request for or receipt of genetic services). Permits a plan or issuer to request, but not require, such information for diagnosis, treatment, or payment purposes only. Title IV: Healthcare Quality Research - Healthcare Quality Research Act of 1998 - Amends PHSA to establish within the Public Health Service (PHS) an Agency for Healthcare Quality Research to replace the current Agency for Health Care Policy and Research. (Sec. 402) Directs the Agency to identify and disseminate methods or systems used to assess healthcare research results, particularly to rate the strength of the scientific evidence behind healthcare practice and technology recommendations in the research. Requires the Agency to employ research strategies and mechanisms that will link research directly with clinical practice in geographically diverse locations throughout the United States, including: (1) Healthcare Improvement Research Centers that combine demonstrated multidisciplinary expertise in outcomes or quality improvement research with linkages to relevant sites of care; (2) Practice-based Research Networks, including plan, facility, or delivery system sites of care (especially primary care), that can evaluate and promote quality improvement; and (3) other innovative mechanisms or strategies. Directs the Agency to: (1) award grants to enable eligible entities at geographically diverse locations throughout the United States to carry out research training programs dedicated to health services research training at the doctoral, post-doctoral, and junior faculty levels; and (2) provide specified scientific and technical support for private and public efforts to improve healthcare quality, including accrediting organizations. Directs the Secretary, acting through the Agency Director, to establish a demonstration program of grants for one or more centers to conduct: (1) state-of-the-art clinical research on drugs, biological products, and devices; (2) research on the comparative effectiveness, cost-effectiveness, and safety of drugs, biological products, and devices; and (3) other appropriate activities (excluding the review of new drugs). Requires the Agency Director to: (1) collect certain data on the cost and quality of healthcare; (2) support research on and initiatives to advance the use of information systems for the study of healthcare quality; and (3) provide ongoing administrative, research, and technical support for the Preventive Services Task Force, which shall review scientific evidence on the effectiveness, appropriateness, and cost-effectiveness of clinical preventive services regarding their usefulness in daily clinical practice. Establishes within the Agency a Center for Primary Care Delivery Research to serve as the principal funding source for HHS primary care delivery research and demonstrations with respect to the first contact when illness or health concerns arise, the diagnosis, treatment or referral to specialty care, preventive care, and the relationship between the clinician and the patient in the context of the family and community. Requires the Agency Director by specified activities to promote innovation in evidence-based clinical practice and healthcare technologies. Requires the Secretary, acting through the Director, to coordinate all research, evaluations, and demonstrations related to health services research and quality measurement and improvement activities undertaken and supported by the Federal Government. Requires the Secretary to contract with the Institute of Medicine to: (1) describe and evaluate current quality improvement research and monitoring processes; and (2) recommend options to improve the efficiency and effectiveness of such processes, and optimize public- private sector accreditation bodies. Directs the Secretary, acting through the Director, to establish a nonprofit, nongovernmental Foundation for Healthcare Research, which shall: (1) support the Agency and foster public-private partnerships to support Agency programs and activities; (2) advance collaboration with healthcare researchers from universities, industry, and nonprofit organizations; and (4) develop linkages with users of healthcare and quality research. Requires the Secretary, acting through the Agency Director, to make grants each fiscal year to support the Foundation. Establishes an Advisory Council for Healthcare Quality Research to replace the current Advisory Council for Health Care Policy, Research, and Evaluation. Requires the Agency Director to establish technical and scientific peer review groups to review each application for a grant, cooperative agreement, or contract under this title. Repeals the mandates for: (1) a demonstration program regarding centers for education and research on therapeutics; and (2) the Office of the Forum for Quality and Effectiveness in Health Care. Authorizes appropriations. (Sec. 404) Requires the Secretary, within 30 days after enactment of any Act providing for a qualifying health care benefit, to evaluate scientifically and report to the appropriate congressional committees on: (1) the safety, efficacy, cost, benefits and value of such benefit; (2) alternative approaches in improving care compared with such benefit; and (3) the benefit's overall impact on health care as measured through research. Title V: Women's Health Research and Prevention - Women's Health Research and Prevention Amendments of 1998 - Subtitle A: Provisions Relating to Women's Health Research at the National Institutes of Health - Amends PHSA to extend the authorization of appropriations for research on the drug diethylstilbestrol (commonly known as DES). Directs the Secretary, acting through PHS agency heads, to carry out a national program to educate health professionals and the public about DES. (Sec. 512) Extends the authorization of appropriations for research on: (1) osteoporosis, Paget's disease, and related bone disorders; (2) breast and ovarian cancers; and (3) aging processes relating to women. (Sec. 514) Requires the Director of the National Heart, Lung, and Blood Institute to expand, intensify, and coordinate research and related activities with respect to heart attack, stroke, and other cardiovascular diseases in women. (Sec. 516) Requires the Director of the National Institutes of Health (currently, the Director of the Office of Research on Women's Health) to appoint members of the Advisory Committee on Research on Women's Health. Subtitle B: Provisions Relating to Women's Health at the Centers for Disease Control and Prevention - Amends PHSA to extend the authorization of appropriations for: (1) the National Center for Health Statistics; (2) the National Program of Cancer Registries; (3) the National Breast and Cervical Cancer Early Detection Program; (4) Centers for Research and Demonstration of Health Promotion; and (5) community programs on domestic violence. (Sec. 523) Authorizes a State receiving a Federal grant to make grants to or contract with for-profit private entities to carry out programs of preventive health measures for breast and cervical cancers. Subtitle C: Women's Health and Cancer Rights - Women's Health and Cancer Rights Act of 1998 - Amends ERISA, PHSA, and the Internal Revenue Code to require certain group health plans and health insurance issuers to ensure specified minimum coverage regarding: (1) breast cancer mastectomies, lumpectomies, and lymph node dissections; (2) post-mastectomy breast reconstruction on both breasts; and (3) the costs of prostheses and complications of mastectomy, including lymphedemas. Prohibits: (1) denial of eligibility to a patient, and other related practices, solely to avoid the requirements of this subtitle; (2) incentives or rebates to encourage individuals to accept less than the minimum coverage; and (2) certain penalties or incentives to providers to evade application of this subtitle. (Sec. 535) Amends PHSA to apply the same requirements to health insurance issuers in the individual market. (Sec. 537) Directs the Agency for Health Care Policy and Research to study and report to the appropriate congressional committees on the scientific issues relating to prevention and treatment of breast cancer. Title VI: Enhanced Access to Health Insurance Coverage - Amends the Internal Revenue Code to: (1) allow the annual carryover of up to $500 of unused benefits from cafeteria plans, flexible spending arrangements, and health flexible spending accounts; (2) allow a full deduction from gross income of the health insurance costs of self-employed individuals; and (3) repeal the limitation of the availability of medical savings accounts (MSAs) to employees of small employers and the self-employed. (Sec. 603) Reduces from $1,500 to $1,000 (self-only coverage) and from $3,000 to $2,000 (family coverage) the minimum annual deductible of a high deductible health plan. Revises the formula for the monthly limitation on the allowable deduction for MSAs to increase the contribution limit to 100 percent of the annual deductible under a high deductible health plan. Waives the additional tax on MSA distributions not used for qualified medical expenses to the extent any payment or distribution does not reduce the fair market value of the MSA assets to an amount less than the annual deductible for the account holder's high deductible health plan. (Sec. 604) Authorizes the Office of Personnel Management to contract for or approve catastrophic FEHBP plans, whose covered expenses exceed $500. Amends Federal civil service law, with respect to Government contributions under the Federal Employees Health Benefits Program (FEHBP), to require an additional Government contribution, according to a certain formula, to an individual's MSA with respect to a catastrophic plan. Increases the Government's biweekly contribution to an employee's or annuitant's FEHBP catastrophic plan from 75 percent to 100 percent of the subscription charge.
United States · United States Congress · 14 July 1998
Tribal Environmental Accountability Act - Subjects Indian tribes to any requirements that are applicable to any other governmental entities for any actions that are subject to the National Environmental Policy Act of 1969. Permits a person or entity to commence a civil action against a tribe under any Federal environmental law provision that authorizes such a civil action. Waives tribal immunity in such an action.
United States · United States Congress · 14 July 1998
Makes it unlawful for any person to distribute a commercial informational publication in a National Park System unit except in accordance with a sales agreement entered into by the Secretary of the Interior with such person.
United States · United States Congress · 14 July 1998
American Indian Tort Liability Insurance Act -Grants U.S. district courts jurisdiction of civil actions in claims against an Indian tribe for money damages accruing on or after the enactment of this Act for loss of property, personal injury, or death caused by the negligent or wrongful act or omission of a tribe under circumstances in which the tribe, if it were a private individual or corporation, would be liable to the claimant in accordance with the law of the State where the act or omission occurred. Directs the Secretary of the Interior: (1) within 180 days after the enactment of this Act, to obtain or provide tort liability insurance or equivalent coverage, on the most cost-effective basis, for each tribe that receives a tribal priority allocation (from amounts made available to the Bureau of Indian Affairs for the operation of Indian programs), unless the tribe has obtained appropriate liability insurance by such date; (2) to take actions to ensure the payment of the initial insurance premium by a tribe; and (3) to withhold the tribal priority allocation of a tribe unless and until it makes subsequent premium payments. Prohibits the insurer from asserting tribal immunity as a reason for denying a claim for damages resulting from the tort liability of an Indian tribe. . Grants the district courts jurisdiction over any action concerning the tort liability of a tribe that is covered under such insurance. Permits a case to recover damages through an insurer that provides coverage to be brought without regard to whether remedies under applicable tribal law have been exhausted. Amends the Federal judicial code to set forth Indian tort claims procedure provisions. Makes an Indian tribe liable for actions of its employees relating to tort claims in the same manner and to the same extent as a private individual or corporation, but not for interest before judgment or for punitive damages. Provides that where a death is caused, the tribe shall be liable for actual or compensatory damages in lieu of punitive damages. Prohibits a tribe's or tribal organization's liability from exceeding $500,000 for each claim made or an aggregate of $1 million for claims arising from the same occurrence. Provides that this Act shall not apply to any case relating to a controversy about membership in an Indian tribe. Waives tribal immunity (from jurisdiction of the courts) to the extent necessary to carry out or enforce this Act.
United States · United States Congress · 14 July 1998
Indian Civil Rights Enforcement Act - Amends the Indian Civil Rights Act to grant jurisdiction to the U.S. district courts in any civil rights action alleging a failure to comply with rights secured under such Act. Permits an aggrieved individual or the Attorney General to bring an action in a U.S. district court for a declaratory judgment or equitable relief against an Indian tribe , upon exhaustion of remedies in a tribal court of appropriate jurisdiction (if any), to seek compliance with such rights as are timely and reasonable. Provides for the district court to adopt any findings of fact made by the tribal court (if any) with respect to the action, unless it determines that the tribal court: (1) did not operate independently from the legislative or executive authority of the tribe; (2) was not authorized to determine matters of law and fact or did not fully determine those matters; (3) permitted a person or entity to assert a defense of immunity in a declaratory action or an action to seek equitable relief; (4) failed to resolve the merits of the factual dispute; (5) employed a fact finding procedure that was not adequate to afford a full and fair hearing; (6) did not adequately develop facts that are material to the case; (7) failed to provide a full, fair, and adequate hearing; or (8) made factual determinations that are not fairly supported by the record. Requires the district court, if it finds that such a condition applies, to conduct a de novo review of the allegations contained in the complaint. Waives tribal immunity if necessary to enforce this Act.
United States · United States Congress · 14 July 1998
State, Excise, Sales, and Transaction Tax Enforcement Act of 1998 - Amends the Federal judicial code to require the owners and operators of tribal retail enterprises to collect and remit qualified State taxes. Allows a State to bring an action in a district court: (1) for a declaratory judgment concerning the applicability or lawfulness of such a tax; or (2) against a tribal retail enterprise or the Indian tribe or a tribal member that owns or operates the enterprise to enforce the collection or remittance of such a tax. Defines a "qualified State tax" as any lawfully imposed, nondiscriminatory excise, sales, or transaction tax imposed by a State on a purchase of a good or service from a tribal retail enterprise by a person who is not a member of that Indian tribe, excluding any State tax: (1) imposed on a purchase from an enterprise that is exempted under State law from collecting and remitting because the associated Indian tribe imposes and collects an equivalent tax; (2) imposed on a sale if the State has waived the applicability of that tax to a purchase from the enterprise by a person who is not a member of the associated tribe; (3) that is the subject of an agreement between an enterprise and a State that exempts that enterprise from collecting and remitting that tax; or (4) the incidence of which falls on an Indian tribe or a member of an Indian tribe.
United States · United States Congress · 14 July 1998
American Indian Contract Enforcement Act - Amends the Federal judicial code to grant district courts jurisdiction of any civil action or claim against an Indian tribe for liquidated or unliquidated damages for cases not sounding in tort that involve any contract made by a tribe's governing body or on behalf of a tribe. Waives tribal immunity as necessary to enforce this Act.
United States · United States Congress · 9 July 1998
Agriculture Export Relief Act of 1998 - Amends the Arms Export Control Act to exempt Department of Agriculture assistance for the purchase or other provision of food or other agricultural commodities (including fertilizer, medicines, and medical equipment) from the prohibition against extensions of U.S. Government credit, credit guarantees, or other financial assistance to countries involved in the transfer or use of nuclear explosive devices. Declares that such assistance shall be available only to the extent that an official budget request that includes designation of such assistance as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) is transmitted by the President to the Congress.
United States · United States Congress · 9 July 1998
TABLE OF CONTENTS: Title I: Authorizations Title II: Airport Improvement Program Amendments Title III: Amendments to Aviation Law Title IV: Title 49 Technical Corrections Title V: Miscellaneous Title VI: Aviation Competition Promotion Title VII: Park Overflights Title VIII: Aviation Trust Fund Amendments National Air Transportation System Improvement Act of 1998 - Title I: Authorizations - Amends the Federal Aviation Act of 1958 to authorize appropriations for FY 1999 through 2002 for Federal Aviation Administration (FAA) operations. Earmarks amounts for: (1) wildlife hazard mitigation measures and management of the wildlife strike database of the FAA; and (2) the establishment of a university consortium to provide an air safety and security management certificate program in cooperation with the FAA and U.S. air carriers. (Sec. 102) Amends Federal aviation law to authorize appropriations for FY 1999 through 2002 for: (1) the FAA Facilities and Equipment Program; and (2) continuation through FY 1999 of the instrument landing system inventory program. Directs the Administrator of the FAA to establish life-cycle cost estimates for any air traffic control modernization project in which such costs equal or exceed $50 million. (Sec. 103) Decreases the FY 1998 authorization of appropriations for airport planning and development and noise compatibility planning programs. Reauthorizes such programs through FY 2002. Title II: Airport Improvement Program Amendments - Removes the maximum cap on airport improvement funds credited to the discretionary fund. (Sec. 202) Authorizes the Secretary of Transportation to carry out a demonstration program of up to 20 projects for grants to implement innovative financing techniques for airport development projects. (Sec. 203) Limits to no more than 90 percent the Federal share of costs for certain airport projects. (Sec. 204) Increases the apportionment for airport improvement grant funds for airport noise compatibility programs. (Sec. 205) Authorizes the use of airport improvement funds apportioned to Alaska, Hawaii, or Puerto Rico for any of their public airports. Authorizes the use of the supplemental apportionment of airport improvement funds for Alaska for any of its public airports. Repeals a certain limitation on the apportionment of airport improvement funds for commercial airports in Alaska. Revises the amount of certain funds apportioned to the discretionary and small airport funds. Authorizes the Secretary to distribute a certain percentage of funds from the small airport fund for grants for projects at small hub airports. Declares that an airport development project shall remain eligible for funding from the discretionary fund (subject to the availability of funds) even though the status of the airport project changes from a primary airport to a non-primary airport. Revises, for purposes of grant eligibility for airport development funds, the definition of "public-use airport" to include a privately- owned airport that, as a reliever airport, received Federal aid for airport development before October 9, 1996, but only if the Administrator of the FAA issues revised administrative guidance after July 1, 1998, for the designation of reliever airports. Repeals the eligibility of reliever airports for the issuance of a letter of intent to obligate airport development funds. Permits certain regulations promulgated by the Secretary to authorize a public agency to request waiver of a passenger facility for: (1) any class of domestic or foreign air carriers that enplane not more than specified percent of the total number of passengers enplaned annually at a airport; or (2) passengers enplaned on a flight to an airport with scheduled passenger service but fewer than 2,500 passenger boardings each year, or in a community with a population of less than 10,000 and not connected by land to the National Highway System. Grants priority (except for requests from another Federal agency or instrumentality) to a request by a public agency for surplus property for use at a public airport. Declares that the Secretary may permit the use of State highway specifications for airfield pavement construction using airport development funds at non-primary airports with runways of 5,000 feet or shorter serving aircraft that do not exceed 60,000 pounds, if the Secretary determines that: (1) safety will not be negatively affected; and (2) the life of the pavement will not be shorter than it would be if constructed using FAA standards. Prohibits an airport from seeking airport development funds for runway rehabilitation or reconstruction of any such airfield pavement constructed using State highway specifications for a period of ten years after construction is completed. (Sec. 207) Directs the Secretary to report to specified congressional committees on FAA efforts to implement capacity improvements, such as precision runway monitoring systems and the time frame for implementation of such improvements. (Sec. 208) Directs the Administrator of the FAA to discourage airport sponsors and airports from using discretionary funds for lower priority projects by giving lower priority to discretionary projects they have submitted which have used entitlement funds for projects with a lower priority than the projects for which discretionary funds are being requested. (Sec. 209) Prohibits the Secretary from waiving certain required assurances with respect to the grant of airport development funds, unless the Secretary provides notice to the public not less than 30 days before issuing such waiver. (Sec. 210) Amends Federal aviation safety law to revise the term "public aircraft" to include non-government-owned aircraft transporting passengers if the aircraft is operated for prisoner transport. (Sec. 211) Authorizes the Secretary, in order to enable additional air service by an air carrier with less than 50 percent of the scheduled passenger traffic at an airport, to consider the shell of a terminal building (including heating, ventilation, and air conditioning) to be an eligible airport-related project. Title III: Amendments to Aviation Law - Amends Federal aviation law to authorize the Administrator of the FAA to contract for procurement of severable services for a period that begins in one fiscal year and ends in the next fiscal year if (without regard to any option to extend it) the contract period does not exceed one year. Declares that funds available for a fiscal year may be obligated for the total amount of the contract. (Sec. 302) Amends the Airport Noise and Capacity Act to make foreign air carriers eligible for a waiver from stage three noise level requirements for certain aircraft. (Sec. 303) Authorizes the Administrator of the FAA to establish consortia of government and aviation industry representatives at airports to provide advice on matters related to aviation security and safety. (Sec. 304) Authorizes the Administrator of the FAA to enter into bilateral agreements with the aeronautical authorities of another country to exchange with that country all or part of their respective functions and duties with respect to certain domestic and foreign aircraft. (Sec. 305) Exempts from overflight fees for air traffic control and related services any overflights operated by citizens of a country contiguous to the United States if: (1) both the origin and destination of such flights are within that other country; (2) that country exempts similar categories of flights operated by U.S. citizens from such fees; and (3) that country exchanges responsibility for air traffic control services with the United States. (Sec. 306) Amends the Pilot Records Improvement Act to require an employment investigation (including a criminal history check) in the case of passenger, baggage, or property screening at airports if the Administrator of the FAA decides it is necessary to ensure air transportation security. Permits an air carrier that has not obtained information about a pilot from a foreign government or entity that has employed the pilot to allow such pilot to begin service as a pilot of certain small aircraft if the carrier has made a documented good faith attempt to obtain it. (Sec. 307) Authorizes a person to bring a civil action in the U.S. Court of Federal Claims (as well as in a U.S. district court) against the United States when: (1) the person is subrogated to the rights against the U.S. Government of a party insured under the aviation insurance program under a contract between the person and such insured party; and (2) the person has paid to the insured party an amount for a covered physical damage loss. Extends Federal aviation insurance and reinsurance programs through FY 2003. Title IV: Title 49 Technical Corrections - Sets forth certain technical corrections to specified sections of Title 49 of the United States Code. Title V: Miscellaneous - Directs the Administrator of the FAA to report to specified congressional committees every three months on electronic data processing problems associated with the year 2000 within the FAA. (Sec. 502) Directs the Administrator of the FAA to require by regulation that collision avoidance equipment (TCAS II) be installed on each cargo aircraft with a payload capacity of 15,000 kilograms or more. (Sec. 503) Directs the Administrator of the FAA to initiate rulemaking to amend the regulations in part 139 of title 14, Code of Federal Regulations (CFR) to: (1) improve runway safety areas; and (2) require the installation of precision approach path indicators. (Sec. 504) Makes applicable to other specified types of aircraft (currently exempted from them) certain requirements that commercial aircraft be outfitted with an emergency locator transmitter. (Continues to exempt from such requirements aircraft used in flight operations related to design and testing, the manufacture, preparation, and delivery of aircraft, or the aerial application of a substance on agricultural crops.) (Sec. 505) Prohibits the Administrator from issuing an airman certificate or an airframe and powerplant certificate to any person convicted of a violation of any Federal or State law relating to the installation, production, repair, or sale of a counterfeit or falsely represented aviation part or material. Directs the Administrator of the FAA to revoke such certificates issued to convicted persons. Prohibits the employment of an individual to perform a function related to the procurement, sale, production, or repair of a part or material, or the installation of a part into a civil aircraft, who has been convicted of such violations. (Sec. 506) Subjects any individual who interferes with the duties or responsibilities of the flight crew or cabin crew of a civil aircraft, or who poses an imminent threat to the safety of the aircraft or other individuals on the aircraft, to a civil penalty of not more than $10,000. (Sec. 507) Directs the Secretary to work with appropriate international organizations and aviation authorities of other nations to bring about their establishment of higher standards for accommodating handicapped passengers in air transportation, particularly with respect to foreign air carriers that code-share with domestic air carriers. (Sec. 508) Authorizes the Secretary to request the head of the department, agency, or instrumentality to convey land or airspace owned or controlled by it to a public agency for use that will complement, facilitate, or augment airport development, including the development of additional revenue from both aviation and nonaviation sources if the Secretary determines, among other things, that such property is no longer needed for aeronautical purposes, and that it will be used to generate revenue for the public airport. (Sec. 509) Directs the Administrator of the FAA to issue a notice of proposed rulemaking to develop procedures to protect air carriers and their employees from civil enforcement action under the Flight Operations Quality Assurance program. (Sec. 510) Directs the Administrator of the FAA to identify or develop a plan to implement the wide area augmentation system (WAAS) to provide navigation and landing approach capabilities for civilian use and make a determination as to whether a backup system is necessary. Authorizes appropriations. (Sec. 511) Directs the Administrator of the FAA to reissue, and provide for public comment on, the notice to operators published in the Federal Register on January 2, 1998, which advised Alaska guide pilots of the applicability of part 135 of title 14, CFR, to guide pilot operations. (Sec. 513) Directs the Administrator of the FAA to establish an advanced qualification program oversight committee to give advice on the development and execution of Advanced Qualification Programs (alternative method for qualifying, training, certifying, and ensuring the competency of flight crews and other commercial aviation operations personnel (human factors training program)) for air carriers, and to encourage their adoption and implementation. (Sec. 514) Directs the Inspector General of the Department of Transportation (DOT) to initiate an independent assessment that ensures that the method for capturing and distributing overall FAA costs is appropriate and reasonable. Authorizes appropriations. (Sec. 515) Provides for the enforcement of whistleblower laws for FAA employees. (Sec. 516) Directs the Administrator of the FAA to report to the Congress on a plan to modernize the oceanic air traffic control system (including a budget for such program). (Sec. 517) Directs the Administrator of the FAA to report biannually to the Congress on the air transportation oversight system program announced by the FAA on May 13, 1998, in detail on the training of inspectors, the number of them using the system, air carriers subject to the system, and the budget for the system. Title VI: Aviation Competition Promotion - Directs the Secretary to establish a pilot aviation development program to provide $20 million over five years to up to 40 small communities or consortia of communities and States with inadequate access to the national transportation system to improve their access to such system. (Sec. 603) Directs the Administrator of the FAA, in order to facilitate the use of, and improve the safety at, small airports, to establish a pilot program (community-carrier air service program) to contract for Level I air traffic control services at 20 facilities not eligible for participation in the Federal Contract Tower Program. Waives the State or local contribution requirement with respect to such program. (Sec. 604) Authorizes the Secretary to obligate up to a specific amount of funds for FY 1999 through 2003 for the community-carrier air service program. (Sec. 605) Directs the Secretary to review the marketing practices of air carriers that may inhibit the availability of quality, affordable air transportation services to small and medium-sized communities. Requires the Secretary, if such practices are found to inhibit the availability of such service, to promulgate regulations to address the problem. (Sec. 606) Requires the Secretary, after receiving an application for an exemption to provide nonstop regional jet air service between a nonhub airport or a small hub airport and a high density airport, to grant or deny the exemption in accordance with established principles of safety and the promotion of competition. Authorizes the Secretary to permit: (1) an air carrier to upgrade its service under the exemption to a larger jet aircraft; and (2) an air carrier to change the nonhub airport or small hub airport for which the exemption was granted to provide the same service to a different nonhub or small hub airport if certain conditions are met. Provides for the termination of an exemption if the air carrier uses the slot for any purpose other than the purpose for which it was granted. Prohibits the Secretary from withdrawing a slot from a U.S. air carrier in order to provide a slot to a foreign air carrier unless the Secretary finds that: (1) the withdrawal of that slot from the U.S. air carrier will not adversely affect air service to nonhub airports; and (2) U.S. air carriers seeking slots at an airport in the home country of the foreign air carrier receive reciprocal treatment by the government of that country. (Sec. 607) Directs the Secretary to grant exemptions from the prohibition against the operation of aircraft nonstop between Ronald Reagan Washington National Airport and another airport more than 1,250 miles away (perimeter rule) to any air carrier that operates limited frequencies and aircraft on select routes between National Airport and other airports if the Secretary finds that such exemption will: (1) provide air transportation service with domestic network benefits in areas beyond the perimeter; and (2) increase competition in multiple markets. Sets forth specified requirements with respect to such exemptions. (Sec. 608) Authorizes the Secretary to grant 100 additional slots over a three-year period to air carriers to operate limited frequencies and aircraft on select routes between O'Hare Airport, Chicago, Illinois, and other airports if certain conditions are met. (Sec. 609) Declares that it shall be an unfair or deceptive practice for any carrier utilizing electronically transmitted tickets to fail to notify the purchaser of a ticket's expiration date, if any. Title VII: Park Overflights - Prohibits a commercial air tour operator from conducting commercial air tour operations over a national park or tribal lands, except in accordance with this Act, conditions prescribed for that operator by the Administrator of the FAA, and with any applicable commercial air tour management plan for the park or tribal lands. (Sec. 702) Sets forth specified requirements with respect to: (1) the granting of authority to commercial air tour operators to conduct air tour operations over national parks or tribal lands, with specified exceptions; and (2) establishment of commercial air tour management plans. (Sec. 703) Directs the Administrator of the FAA and the Director of the National Park Service (Director) to establish, jointly, an advisory group to provide continuing advice and counsel with respect to the operation of commercial air tours over and near national parks. Directs the Administrator of the FAA and the Director to report jointly to the Congress on the effectiveness of this Act in providing incentives for the development and use of quiet aircraft technology. (Sec. 704) Exempts from the requirements of this Act: (1) the Grand Canyon National Park, or any Indian country within or abutting such park; or (2) any unit of the National Park System, or Indian country, located in Alaska. (Sec. 705) Directs the Administrator of the FAA to report to the Congress on the effects proposed overflight fees are likely to have on the commercial air tour industry. Title VIII: Aviation Trust Fund Amendments - Amends the Internal Revenue Code to extend the expenditure authority of the Airport and Airway Trust Fund through October 1, 2002.
United States · United States Congress · 7 July 1998
Declares that the Congress affirms: (1) its longstanding commitment to Taiwan in accordance with the Taiwan Relations Act; (2) its expectation that the future of Taiwan will be determined by peaceful means with the consent of the people of Taiwan and that it considers any effort to determine Taiwan's future by other than peaceful means a threat to the peace and security of the Western Pacific and of grave concern to the United States; (3) its commitment to make available to Taiwan such defense articles and services as may be necessary to enable Taiwan to maintain a sufficient self-defense capability; and (4) its commitment that only the President and Congress shall determine the nature and quantity of defense articles and services needed by Taiwan. Urges the President to seek a public renunciation by the People's Republic of China of any use of force, or threat to use force, against democratic Taiwan.
United States · United States Congress · 6 July 1998
Advancement in Pediatric Autism Research Act - Amends the Public Health Service Act to direct the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate the activities of NIH with respect to autism. Requires the Director, among other things to: (1) ensure that at NIH there is a committee to coordinate research on autism; and (2) make awards and grants to public or nonprofit entities for centers of excellence regarding research on autism. Authorizes appropriations.
United States · United States Congress · 26 June 1998
TABLE OF CONTENTS: Title I: Department of the Interior Title II: Related Agencies Title III: General Provisions Title IV: To Amend the Elwha River Ecosystem and Fisheries Restoration Act Title V: Land Between the Lakes Protection Act Subtitle A: Establishment, Administration, and Jurisdiction Subtitle B: Management Provisions Subtitle C: Transfer Provisions Subtitle D: Funding Title VI: Department of Commerce Department of the Interior and Related Agencies Appropriations Act, 1999 - Makes appropriations for the Department of the Interior and related agencies for FY 1999. Title I: Department of the Interior - Makes appropriations for the Bureau of Land Management (BLM) for: (1) land and resource management; (2) wildland fire management; (3) remedial action of hazardous waste substances; (4) construction; (5) payments in lieu of taxes to local governments; (6) land acquisition; (7) Oregon and California grant lands; (8) range improvements; (9) service charges, deposits, and forfeitures with respect to public lands; and (10) miscellaneous trust funds. Amends Federal law to increase claim maintenance fees to be paid by holders of unpatented mining claims, mills, or tunnel sites for FY 1999 and subsequent years. Increases and permanently extends location fees for such claims. Makes fees available for mining law administration program operations. Appropriates funds for the U.S. Fish and Wildlife Service for: (1) resource management; (2) construction; (3) land acquisition; (4) expenses related to carrying out the Endangered Species Act of 1973; (5) the National Wildlife Refuge Fund; (6) expenses related to carrying out the North American Wetlands Conservation Act; (7) the Wildlife Conservation and Appreciation Fund; and (8) expenses related to carrying out the African Elephant Conservation Act, the Asian Elephant Conservation Act of 1997, and the Rhinoceros and Tiger Conservation Act of 1994. Makes appropriations for the National Park Service (NPS) for: (1) the National Park System; (2) national recreation and preservation activities; (3) expenses related to carrying out the Historic Preservation Act of 1966; (4) construction; and (5) land acquisition and State assistance from the Land and Water Conservation Fund. Rescinds specified contract authority to obligate funds from the Land and Water Conservation Fund for FY 1999. Makes appropriations for: (1) the U.S. Geological Survey for surveys, investigations, and research; (2) the Minerals Management Service for royalty and offshore minerals management and oil spill research; (3) the Office of Surface Mining Reclamation and Enforcement for regulation and technology and the Abandoned Mine Reclamation Fund; (4) the Bureau of Indian Affairs (BIA) for operation of Indian programs, construction, miscellaneous payments to Indians, and Indian guaranteed loans; (5) assistance to U.S. territories and for carrying out the Compacts of Free Association with respect to Micronesia, the Marshall Islands, and Palau; (6) departmental management, the Offices of the Solicitor and the Inspector General; (7) trust programs for Indians; and (8) natural resource damage assessment. Sets forth authorized and prohibited uses of specified funds. (Sec. 107) Prohibits the use of funds provided in this title for specified offshore leasing and related activities. (Sec. 115) Sets forth provisions regarding voluntary separation incentives, severance pay, and continued health benefits for employees of the NPS Denver Service Center. (Sec. 117) Directs the Secretary of the Interior (Secretary) to enter into an agreement with and provide funding to the National Academy of Sciences, the Board on Earth Sciences and Resources, to conduct a study of the environmental and reclamation requirements related to mining of locatable materials on Federal lands and the adequacy of those requirements in preventing degradation of such lands in each State in which such mining occurs. Requires a report to appropriate Federal agencies, the Congress, and Governors of affected States. Bars the Secretary from promulgating any final regulations to change BLM surface management regulations until at least 90 days after publication of such report. (Sec. 119) Requires the Secretary to convey certain property in Nome, Alaska, to Kawerak, Inc., a nonprofit tribal organization. Subjects such conveyance to valid existing rights and specified rights of way. (Sec. 120) Bars the expenditure of funds made available in any Act by the Secretary to promulgate regulations affecting commercial or subsistence fishing in Glacier Bay National Park or to enforce any prohibition against such fishing if such fishing is conducted in accordance with the laws of the State of Alaska. (Sec. 122) Prohibits the expenditure of funds provided in this title for the administration, approval, or permitting, during FY 1999, of drilling of any kind on leases within the Manteo Exploration Unit and adjacent lease blocks of the Mid Atlantic planning area prior to completion of all State coastal consistency determinations pursuant to the Coastal Zone Management Act and conclusion of litigation and administrative appeals. (Sec. 123) Authorizes the renewal of grazing permits which expire during FY 1999, for the balance of FY 1999 or until the BLM completes permit processing, whichever comes first. Provides for modification of such permits, if necessary, and authorizes reissuance for a term of up to ten years. (Sec. 125) Requires the Secretary, acting through the BLM Director, to convey specified property to the town of Pahrump, Nevada, subject to valid existing rights and a specified right of way. Subjects such property to reversion to the United States if it is used for purposes other than that of a public fairground or related public purpose. (Sec. 126) King Cove Health and Safety Act of 1998 - Directs the Secretary to grant the Aleutians East Borough a perpetual right-of-way of 60 feet in width through specified land in Seward Meridian, Alaska, for the construction, operation, and maintenance of certain utility-related fixtures and of a public road between the cities of Cold Bay and King Cove, Alaska, if the King Cove Corporation offers to transfer specified lands to the United States. Requires the lands transferred to the United States to be managed in accordance with the Alaska National Interest Lands Conservation Act. Includes such lands in the Izembek National Wildlife Refuge. Directs the Secretary and the Aleutians East Borough to jointly prepare a plan setting forth: (1) the times of the year a road may be reasonably constructed when there are not high concentrations of migratory birds in Kinzarof Lagoon; and (2) limitations on non-emergency road traffic during periods of the year when there are high concentrations of such birds in the Lagoon. Grants the Aleutians East Borough the right-of-way described in this Act if agreement is not reached with the Secretary within a specified time frame. (Sec. 127) Bars the use of funds provided by any Act by the Secretary to acquire State, private, or other non-Federal lands in the State of Alaska unless the Secretary seeks to exchange unreserved public lands before purchasing lands in Alaska. (Sec. 128) Designates the Charleston Public School complex in Charleston, Arkansas, as the Charleston National Commemorative Site in commemoration of the Charleston schools' role as the first public school district to integrate following the Brown v. Board of Education Supreme Court decision. (Sec. 129) Requires the Secretary, through the BIA and prior to distribution of tribal priority allocations (TPA) for FY 1999, to identify the top ten percent of tribes in the lower 48 States in terms of tribal revenue measured on a per capita basis during FY 1997. Requires such tribes to receive 50 percent of their TPA funding in FY 1999 and distributes the remainder among the tribes in the bottom 20 percent of tribes in the lower 48 States in terms of tribal revenue measured during FY 1997. Directs the BIA to develop, and submit to the Congress, need-based distribution formulas for TPA funds. (Sec. 131) Prohibits the use of funds in any Act to issue a notice of final rulemaking with respect to the valuation of crude oil for royalty purposes until FY 2000 or until there is a negotiated agreement on the rule. Incorporates provisions similar to those contained in the Department of the Interior and Related Agencies Appropriations Act, 1998 (Public Law 105-83) concerning: (1) employees of BLM's Helium Operations; and (2) Huron Cemetery in Kansas City, Kansas. Title II: Related Agencies - Makes appropriations for the Department of Agriculture for the Forest Service for: (1) forest and rangeland research; (2) State and private forestry; (3) the National Forest System; (4) wildland fire management; (5) construction and reconstruction; (6) land acquisition; (7) range rehabilitation and improvement; and (8) forest and rangeland research. Limits the amount of funds to be made available to the Department of Energy in FY 2000, 2001, and 2002 that were made available in prior years for clean coal technology projects. Makes appropriations for the Department of Energy for: (1) fossil energy research and development activities; (2) naval petroleum and oil shale reserve activities; (3) energy conservation; (4) economic regulation activities of the Office of Hearings and Appeals; (5) the Strategic Petroleum Reserve; and (6) the Energy Information Administration. Makes appropriations for the Department of Health and Human Services for the Indian Health Service and Indian health facilities. Makes appropriations for: (1) the Office of Navajo and Hopi Indian Relocation; (2) the Institute of American Indian and Alaska Native Culture and Arts Development; (3) the Smithsonian Institution, including amounts for repair and restoration of buildings owned or occupied by the Smithsonian; (4) construction and improvements at the National Zoological Park; (5) construction; (6) the National Gallery of Art, including an amount for repair and restoration of facilities owned or occupied by the National Gallery; (7) operations, maintenance, and construction expenses of the John F. Kennedy Center for the Performing Arts; (8) carrying out the Woodrow Wilson Memorial Act of 1968; (9) the National Endowment for the Arts (NEA); (10) the National Endowment for the Humanities; (11) the Institute of Museum and Library Services; (12) the Commission of Fine Arts; (13) the Advisory Council on Historic Preservation; (14) the National Capital Planning Commission; (15) the Holocaust Memorial Council; and (16) the Presidio trust. Sets forth provisions regarding uses of, and limitations on, funds under this title. Title III: General Provisions - Sets forth limitations on the use of funds under this Act, including Buy American requirements. Incorporates provisions similar to those contained in the Department of Interior and Related Agencies Appropriations Act, 1998 (Public Law 105-83) concerning: (1) the sale of timber from giant sequoias; (2) the underground lunchroom at Carlsbad Caverns National Park; (3) funding for the Americorps program; (4) the bridge between Jersey City, New Jersey, and Ellis Island; (5) patents for mining or mill site claims; (6) land acquisition for the Wayne National Forest; (7) competition for watershed restoration project contracts in the Pacific Northwest; (8) designation of Biosphere Reserves; (9) restrictions on NEA grants; (10) watershed restoration and enhancement agreements; and (11) introduction of the grizzly bear in specified areas in Idaho and Montana. (Sec. 318) Reduces the budget authority made available in this Act by specified amounts in certain accounts. (Sec. 325) Amends the National Foundation on the Arts and Humanities Act of 1965 to increase the number of Senators appointed by the Senate Majority Leader to serve on the National Council on the Arts from one to two. (Sec. 326) Directs the Secretary of Agriculture to accept full title to specified real property in Skamania County, Washington, effective January 1, 1999. Requires the Secretary, for all identified property not acquired as of such date, to add to the agreed upon purchase price a timber growth adjustment equal to the adjustment made for the property on December 31, 1997. (Sec. 327) Adjusts the boundary of: (1) the Lake Chelan National Recreation Area, Washington, to exclude a certain parcel of land and waters; and (2) the Wenatchee National Forest, to include such parcel. Transfers administrative jurisdiction over Federal land and waters in the parcel from the Secretary of the Interior to the Secretary of Agriculture. Considers the boundaries of the Forest to be those as of January 1, 1965, for purposes of Federal provisions concerning allocation of Land and Water Conservation Fund monies for Federal purposes. (Sec. 328) Grants the Forest Service authority independent of the Department of Agriculture to obtain and implement a general ledger. Requires the Forest Service to report to the Appropriations Committees on information systems being considered for such purposes. (Sec. 329) Provides that current forest plans will remain in effect until revised, notwithstanding a provision of the Forest and Rangeland Renewable Resources Planning Act of 1974. (Sec. 330) Authorizes the Secretary of Agriculture to conduct technology transfer and development, training, dissemination of information, and applied research in the management, processing, and utilization of the hardwood forest resource. Permits the Secretary of Agriculture to: (1) assume all rights, title, and interest of the Robert C. Byrd Hardwood Technology Center, a nonprofit corporation operating under the laws of the State of West Virginia; and (2) operate and utilize Center assets as part of a newly formed Institute of Hardwood Technology Transfer and Applied Research. Requires Institute revenues to be deposited in a special Treasury fund known as the Hardwood Technology Transfer and Applied Research Fund. Authorizes appropriations. (Sec. 331) Requires the Forest Service to rescind its decision prohibiting the use of fixed anchors for rock climbing in wilderness areas of national forests. (Sec. 332) Prohibits the use of funds appropriated by any Act to undertake prescribed burning until the Forest Supervisor certifies that every effort has been made to remove all economically viable, commercial wood products from the proposed burn area. (Sec. 335) Authorizes the Forest Service, until September 30, 2002, to enter into contracts with private persons to perform services to achieve land management goals for each national forest in Idaho and Montana and in the Umatilla National Forest, Oregon, that meet local and rural community needs. Permits the Forest Service, in connection with a contract, to apply the value of timber or other forest products removed as an offset against the cost of services received. (Sec. 336) Directs the Forest Service and the Federal Highway Administration to make a specified amount available to the State of Utah for construction of the Trappers Loop connector road. (Sec. 337) Sets forth reporting and other requirements with respect to the obligation of funds for the operation or implementation of the Interior Columbia Basin Ecosystem Management Project. (Sec. 338) Requires the Secretary of Agriculture to prepare and offer for sale each year an economically viable supply of unharvested timber in the Tongass National Forest, Alaska, which: (1) has been cleared through the National Environmental Policy Act process and meets requirements of other applicable Federal or State laws; and (2) is equal to at least 90 percent of the allowable sale quantity identified in the May 1997 Record of Decision for the Tongass Land Management Revision. Grants the U.S. District Court for Alaska jurisdiction: (1) over civil suits brought by a person economically dependent upon the Secretary's performance under this section and adversely affected by failure to prepare or offer for sale the required volume of timber; and (2) to enforce this section or otherwise provide relief. Requires the Chief of the Forest Service, in addition to any ordered relief, to make annual payments to local governments in southeast Alaska equal to 25 percent of the receipts that would have been received from required timber sales if such timber was not offered for sale. (Sec. 339) Prohibits, in the financing of any forest development road, amortization of road costs in any contract with, or the provision of credit for road construction to, any purchaser of national forest timber or products. Sets forth related provisions regarding the construction of roads by timber purchasers. (Sec. 340) Requires all timber sold in Region 10 in FY 1999 to be sold using a residual value appraisal system. Sets forth additional requirements for the sale of such timber, including those regarding the volume of western red cedar timber available for processors. (Sec. 343) Prohibits Federal or State agencies, unless specifically authorized by the Congress, from requiring, authorizing, funding, or undertaking any action that would remove or diminish the congressionally authorized uses of any dam on the Federal Columbia Power System or on the Columbia or Snake Rivers or their tributaries licensed by the Federal Energy Regulatory Commission. Title IV: To Amend the Elwha River Ecosystem and Fisheries Restoration Act - Amends the Elwha River Ecosystem and Fisheries Restoration Act to direct the Secretary of the Interior, as soon as sums are appropriated, to acquire the Elwha and Glines Canyon Projects (Clallam County, Washington, hydroelectric power projects) for a purchase price of $29.5 million. Conditions such acquisition on a release of the owner and local industrial consumer from liability to the United States arising from such Projects. Prohibits the United States from assuming or satisfying the liability of such owner or consumer to any federally recognized Indian tribe. Directs the Secretary: (1) after acquiring the Elwha Project and as soon as sums are appropriated for such purpose, to remove the Elwha dam, taking necessary action to ensure the continued availability of current water quality and quantity to specified areas and users; (2) during the removal phase, to thoroughly evaluate the removal's impact on fish runs; and (3) subject to appropriations, to pay specified compensation for a period of 12 years to the Clallam County Board of Commissioners for revenues lost due to such removal (with a specified condition). Directs the Secretary to continue operation of the Glines Canyon dam after the Elwha dam has been removed, subject to appropriations. Authorizes the Secretary, subject to appropriations and after completion of removal of the Elwha Project and specified fisheries studies, to remove the Glines Canyon Project if the benefit to fisheries and natural restoration of the Elwha River exceeds the value of power and the desirability of the lake by a margin sufficient to warrant the expenditure of the removal cost. Directs the Secretary to: (1) complete a Glines Canyon engineering and design study concerning the reconfiguration of transmission lines and dam operational controls; and (2) evaluate the impact that managing such Project for fisheries restoration will have on future hydropower operations. Directs the Secretary to develop and implement a comprehensive fish enhancement plan with the Elwha Citizens Commission, the Lower Elwha Klallam tribe, the National Marine Fisheries Service, the Washington Department of Fish and Wildlife, and other entities directly affected by management decisions on the Elwha River. Title V: Land Between the Lakes Protection Act - Land Between the Lakes Protection Act of 1998 - Subtitle A: Establishment, Administration, and Jurisdiction - Establishes, after a specified transfer under this Act, the Land Between the Lakes National Recreation Area in Kentucky and Tennessee as a unit of the National Forest System. Directs the Secretary of Agriculture (Secretary) to manage the Area for multiple uses, including public recreation, fish and wildlife habitat conservation, plant and animal diversity, hunting and fishing, and environmental education. (Sec. 513) Provides for payments to States and counties in lieu of taxes, including payments by the Tennessee Valley Authority (TVA). (Sec. 514) Considers all Area paved roads as forest highways. Subtitle B: Management Provisions - Directs the Secretary, as soon as practicable after the transfer, to prepare a land and resource management plan for the Area in conformity with the National Forest Management Act of 1976, allowing the existing TVA management plan to provide interim management direction. (Sec. 522) Establishes the Land Between the Lakes Advisory Board. (Sec. 523) Authorizes the Secretary to charge reasonable fees for admission to and use of designated sites, or for activities, within the Area, with receipts to be deposited into the Land Between the Lakes Management Fund and used for Area management expenses. (Sec. 526) Authorizes the Secretary to issue a special use authorization to the U.S. Fish and Wildlife Service for management of facilities and land agreed on by the Secretary and the Secretary of the Interior. Authorizes the charge of reasonable fees upon lands administered by the Service. Subordinates Service fish and wildlife activities to overall Area management. (Sec. 527) Designates the North-South Trail in the Area as a national recreation trail under the National Trails System Act. (Sec. 528) Directs the Secretary to maintain an inventory of and ensure access to all Area cemeteries for burial, visitation, and maintenance. (Sec. 529) Withdraws Area lands from operation under the Federal mining and mineral leasing laws. Authorizes the Secretary to permit the use of mineral materials for Area development and maintenance. Directs the Secretary to permit hunting and fishing within the Area, with exceptions for reasons of public safety, administration, or public use and enjoyment. (Sec. 530) Makes the TVA and the Army Corps of Engineers responsible for all Area dams, impoundments, and other water facilities. (Sec. 531) Establishes the Land Between the Lakes Trust Fund for: (1) public education, grants, and internships relating to Area recreation, conservation, and multiple use land management; and (2) regional promotion in the Area. Directs the TVA to deposit $1 million annually into the Fund for each of five fiscal years commencing in FY 2000. Subtitle C: Transfer Provisions - Transfers administrative jurisdiction over the Area from the TVA to the Secretary, effective on October 1 of the first year for which the Congress does not appropriate to the TVA at least $6 million for the Area. Calls for the transfer to be completed in an efficient and cost-effective manner, with due consideration to minimum disruption of the personal lives of TVA and Forest Service employees and others affected by such transfer. Directs the Secretary and the TVA to enter into a memorandum of agreement implementing the transfer. Provides the Secretary with access to all TVA Area management records. (Sec. 545) Directs the TVA to: (1) provide the Secretary with an inventory of all Area property and facilities; and (2) use existing funds and current TVA Area personnel (eligible employees) to facilitate the transfer of necessary property and facilities. Authorizes the Secretary to declare as excess any personal property that cannot be efficiently managed and maintained either by the Forest Service or by lease or permit to others. (Sec. 546) Requires transfer compliance with all applicable environmental laws, under specified procedures. (Sec. 547) Authorizes the Secretary to hire appropriate personnel and retain eligible employees. Directs the TVA to notify all eligible employees of openings in other TVA units before notifying other individuals of such openings. Requires the Secretary and the heads of the Office of Personnel Management and the Tennessee Valley Authority Retirement System to enter into a memorandum of understanding for the transition of all eligible employees with respect to compensation made available through such System. Sets forth other employee transition provisions. Limits funds from available TVA balances and nonpower proceeds to be used for the transfer. Subtitle D: Funding - Transfers a specified amount of TVA available balances and nonpower proceeds to the Secretary and makes funds available to the Secretary of the Interior available to the Fish and Wildlife Service for their Area administration. (Sec. 552) Authorizes appropriations to the Secretaries of Agriculture and the Interior for Area administration and activities. Title VI: Department of Commerce - Makes funds available from the Environmental Improvement and Restoration Fund for marine research activities of the National Oceanic and Atmospheric Administration.
United States · United States Congress · 26 June 1998
Graduate Medical Education Technical Amendments of 1998 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, with respect to the ceiling on the total number of full-time equivalent interns and residences in allopathic and osteopathic medicine in either a hospital or nonhospital setting for purposes of indirect and direct graduate medical education (GME) payments. Repeals the current limitation on program residents to those in a hospital with respect to the hospital's most recent cost reporting period ending on or before December 31, 1996. Replaces such limitation with one based on the number of residents who were appointed by a hospital's approved medical residency training program for such reporting period. Waives the limitation for hospitals that sponsor only one allopathic or osteopathic residency program. Limits to programs established between January 1, 1995, and September 30, 1999, (currently, programs established on or after January 1, 1995) the mandate for special rules applying limitations on interns and residents in any kind of medical residence training program. Requires the Secretary of Health and Human Services, in promulgating such rules, to include in the special consideration for facilities meeting the needs of underserved rural areas any facility not located in an underserved rural area which has established a separately accredited rural training track.
United States · United States Congress · 25 June 1998
TABLE OF CONTENTS: Title I: Product Liability Reform Title II: Biomaterials Access Assurance Title III: Limitations on Applicability; Effective Date Product Liability Reform Act of 1998 - Title I: Product Liability Reform - Applies this Act to any product liability action in any State or Federal court on any theory for harm caused by a product, except for: (1) commercial loss actions; (2) civil negligent entrustment actions; (3) negligence per se concerning firearms and ammunition; (4) any dramshop or third-party liability actions arising from the sale or provision of alcohol to intoxicated persons or minors; and (5) actions involving harm caused by either a tobacco product or breast implant. (Sec. 103) Imposes seller liability if the seller failed to exercise reasonable care, made an express warranty, or engaged in intentional wrongdoing. Declares that a failure to inspect is not a failure of reasonable care if there was no reasonable opportunity to inspect or if the inspection would not have revealed the aspect that caused the harm. Makes a seller liable as a manufacturer if the manufacturer is not subject to service or if the claimant would be unable to enforce a judgment. Makes certain persons engaged in the business of renting or leasing liable as a seller, but prohibits liability for the tortious act of another solely by reason of ownership. (Sec. 104) Makes it a complete defense if the defendant proves that the claimant was under the influence of alcohol or a drug and was more than 50 percent responsible. (Sec. 105) Requires reduction of damages by the percentage of harm attributable to misuse or alteration, except for actions involving an employer if the employer is immune under State law from claimant's action. (Sec. 106) Limits the time within which a product liability action must be started. (Sec. 107) Sets forth an 18-year statute of repose for durable goods used in a trade or business. (Sec. 108) Sets forth a transitional one-year period after enactment of this Act during which a product liability action may be brought if the time limitations of this Act shorten the period during which such action could otherwise be brought pursuant to another provision of law. (Sec. 109) Allows a claimant or defendant in a product liability action to offer to proceed with voluntary, nonbinding alternative dispute resolution. (Sec. 110) Allows punitive damages, as permitted by State law, if the claimant shows by clear and convincing evidence that the harm that is the subject of the action resulted from defendant's conduct, carried out with a conscious, flagrant indifference to the rights or safety of others. Limits punitive damage amounts to the lesser of $250,000 or double the amount of compensatory damages. (Sec. 111) Recognizes liability for punitive damages in certain claims relating to death. (Sec. 112) Grants an insurer a right of subrogation whether or not the insurer is a party. Prohibits an employee from making settlements or accepting payments without written notification to the insurer. Requires submission to the trier of fact of any allegation by the manufacturer or seller that the harm was the fault of the claimant's employer. Requires a court to reduce damages if it is found by clear and convincing evidence that the harm was so caused; but requires the manufacturer or seller to reimburse the insurer for attorney's fees and costs if it is not so found. Title II: Biomaterials Access Assurance - Biomaterials Access Assurance Act of 1998 - Excludes from the term "claimant," for this title, anyone who alleges harm caused by a silicone gel breast implant. (Sec. 204) Applies this title, subject to exception, to any civil action in Federal or State court against a manufacturer, seller, or biomaterials supplier, on any legal theory, for harm allegedly caused by an implant. (Sec. 205) Declares that a biomaterials supplier shall not be liable for harm caused by an implant unless the supplier: (1) is a manufacturer; (2) is a seller; and (3) furnishes materials or parts that fail to meet contractual requirements or specifications. Sets forth the circumstances in which a supplier may be considered a manufacturer and the circumstances in which a supplier may be considered a seller. Allows a supplier, to the extent required and permitted by other law, to be liable if the claimant shows, by a preponderance of the evidence, violation of contractual requirements or specifications. (Sec. 206) Sets forth procedures relating to motions by a supplier to dismiss actions that are subject to this title. (Sec. 207) Cites circumstances under which the court, upon motion by a manufacturer or claimant, may implead a biomaterial supplier who has been dismissed from the action. Title III: Limitations on Applicability; Effective Date - Declares that U.S. district courts shall not have jurisdiction under this Act based on judicial code requirements relating to Federal questions, commerce and antitrust, and amounts in controversy.
United States · United States Congress · 25 June 1998
Graduate Medical Education Technical Amendments of 1998 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, with respect to the ceiling on the total number of full-time equivalent interns and residences in allopathic and osteopathic medicine in either a hospital or nonhospital setting for purposes of indirect and direct graduate medical education (GME) payments. Repeals the current limitation on program residents to those in a hospital with respect to the hospital's most recent cost reporting period ending on or before December 31, 1996. Replaces such limitation with one based on the number of residents who were appointed by a hospital's approved medical residency training program for such reporting period. Waives the limitation for hospitals that sponsor only one allopathic or osteopathic residency program. Limits to programs established between January 1, 1995, and September 30, 1999, (currently, programs established on or after January 1, 1995) the mandate for special rules applying limitations on interns and residents in any kind of medical residence training program. Requires the Secretary of Health and Human Services, in promulgating such rules, to include in the special consideration for facilities meeting the needs of underserved rural areas any facility not located in an underserved rural area which has established a separately accredited rural training track.
United States · United States Congress · 23 June 1998
Lewis and Clark Expedition Bicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar and half-dollar coins emblematic of the expedition of Lewis and Clark. Allocates surcharges from coin sales between the National Lewis and Clark Bicentennial Council and the National Park Service for activities associated with the bicentennial commemoration of the expedition.
United States · United States Congress · 22 June 1998
Sets a one-year moratorium during which the Secretary of Health and Human Services may not modify regulations governing the operation of the Organ Procurement and Transplantation Network, including pertinent regulations under the Social Security Act. States that a related final rule published in the Federal Register has no legal effect. Directs the Secretary to: (1) consult with the medical community and organ donation organizations to develop workable guidelines for Network operation; and (2) study the impact of proposed regulations on indigent care, economic and geographic access to transplantation services, transplantation outcome and survival rate, and waiting list time by organ.
United States · United States Congress · 19 June 1998
Cardiac Arrest Survival Act - Amends the Public Health Service Act with respect to emergency medical services (EMS). Requires programs for emergency medical services and preventive, diagnostic, therapeutic, and rehabilitative approaches to include: (1) development and dissemination of a core content for a model State training program applicable to cardiac arrest for inclusion in EMS educational curricula and training programs that address lifesaving interventions, including cardiopulmonary resuscitation and defibrillation; (2) a limited demonstration project to provide training in such core content; (3) identification of cardiac arrest care providers; (4) identification of equipment and supplies that should be accessible to such providers to permit lifesaving interventions; (5) development of model State and Federal legislation; and (6) coordination of a national database for reporting and collecting information on the incidence of cardiac arrest and related issues. Prescribes guidelines for the core content of the model State training program. Declares that the purpose of the model legislation is to ensure: (1) access to EMS through consideration of a requirement for public placement of lifesaving equipment; and (2) good samaritan immunity for cardiac arrest care providers, those involved with the instruction of the training programs, and owners and managers of property where equipment is placed.
United States · United States Congress · 17 June 1998
Amends the Internal Revenue Code, with respect to tax-exempt bond financing of certain electric facilities, to revise the definition of private business use to exclude a permitted open access transaction. Defines such a transaction. Permits, as specified, the termination or suspension of tax-exempt bond financing for certain electric output facilities.
United States · United States Congress · 16 June 1998
Superfund Recycling Equity Act of 1998 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental regulations or standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard or if such material is an item of scrap paper containing, at the time of recycling, a concentration of a hazardous substance determined to present a significant human health or environmental risk.
United States · United States Congress · 11 June 1998
Amends the Arms Export Control Act to exempt Department of Agriculture assistance for the purchase or other provision of food or other agricultural commodities from the prohibition against extensions of U.S. Government credit, credit guarantees, or other financial assistance to countries involved in the transfer or use of nuclear explosive devices.
United States · United States Congress · 10 June 1998
Microcredit for Self-Sufficiency Act of 1998 - Authorizes the President to establish programs to provide through U.S. private voluntary organizations (PVOs) and other U.S. and indigenous nongovernmental organizations and credit institutions credit and other assistance for microenterprises in developing countries. Sets forth assistance eligibility criteria. Authorizes funding allocations. Directs the Administrator of the U.S. Agency for International Development (AID), in order to sustain the impact of such assistance, to establish a monitoring system that sets certain performance goals and provides a basis for recommendations for adjustments to enhance its benefit for the very poor, particularly women.
United States · United States Congress · 5 June 1998
Interstate 90 Land Exchange Act of 1998 - Provides for: (1) an exchange of private and Federal lands in the Mt. Baker-Snoqualmie, Wenatchee, and Gifford Pinchot National Forests, Washington, between the Secretary of Agriculture and Plum Creek Timber Company, L.P.; (2) land appraisals, including considerations for critical habitat designations and harvested timber, and equalization requirements; and (3) access to acquired lands. Requires lands acquired by the Secretary to become part of the appropriate national forest.
United States · United States Congress · 20 May 1998
American Land Sovereignty Protection Act - Amends the National Historic Preservation Act Amendments of 1980 to prohibit the Secretary of the Interior from nominating any Federal lands for inclusion on the World Heritage List pursuant to the Convention Concerning the Protection of the World Cultural and Natural Heritage unless: (1) the Secretary publishes a finding that commercially viable uses of nominated lands and lands within ten miles of them will not be adversely affected by such inclusion; (2) the Secretary has reported to the Congress on the lands' natural resources and the impact that the inclusion would have on existing and future uses of such lands; and (3) such nomination is specifically authorized by a law. Authorizes the President to submit proposals for legislation authorizing such a nomination after publication of the Secretary's finding. Requires the Secretary to object to the inclusion of any property in the United States on the list of World Heritage in Danger (established under the Convention) unless the Secretary: (1) has reported to the Congress on the necessity for such inclusion, the natural resources associated with the property, and the impact such inclusion would have on existing and future uses of such property; and (2) is specifically authorized to assent to the inclusion by a joint resolution of the Congress enacted after the report is submitted. Directs the Secretary to submit an annual report to specified congressional committees on the management of each World Heritage Site within the United States. (Sec. 4) Prohibits any Federal official from nominating any lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. Provides that any such designation before enactment of this Act shall not have any force or effect, unless the Biosphere Reserve: (1) is specifically authorized by a law enacted before December 31, 2000; (2) consists solely of federally owned lands; and (3) is subject to a management plan that specifically ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. Directs the Secretary of State to report annually to specified congressional committees information on the management of each Biosphere Reserve within the United States. (Sec. 5) Prohibits any Federal official from nominating, classifying, or designating any Federal land located within the United States for a special (including commercial) or restricted use under any international agreement for conserving, preserving, or protecting the terrestrial or marine environment, flora, or fauna (with specified exceptions) unless specifically authorized by law, but authorizes the Secretary to submit proposals for authorizing legislation. Provides that any such nomination, classification, or designation of private or State or local lands shall have no force or effect without the owner's consent or specific authorization by State or local law, respectively.
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 · 13 May 1998
Farm and Ranch Risk Management Act - Amends the Internal Revenue Code to allow individuals engaged in eligible farming businesses to deduct from gross income for any taxable year the amount (limited to 20 percent of the individual's taxable income for the year) paid into an interest-bearing Farm and Ranch Risk Management (FARRM) Account, created for the taxpayer's exclusive benefit. Requires withdrawal of contributions within five years, upon which they are taxable as ordinary income in the year of withdrawal. Deems a distribution, subject to income tax, of any deposits not actually distributed within five years, and prescribes an additional penalty tax of ten percent of any such deemed distribution.
United States · United States Congress · 12 May 1998
TABLE OF CONTENTS: Title I: Privacy Protection for Communications and Electronic Information Title II: Law Enforcement Assistance Title III: Exports of Encryption Products Encryption Protects the Rights of Individuals from Violation and Abuse in CYberspace (E-PRIVACY) Act - Title I: Privacy Protection for Communications and Electronic Information - Prohibits any person within the United States, and any U.S person in a foreign country, from using, developing, manufacturing, selling, distributing, or importing any encryption product, except as provided by this Act. Prohibits any U.S. agency or State from requiring, compelling, setting standards for, or conditioning any approval or the receipt of any benefit on, a requirement that a decryption key, access to a decryption key, key recovery information, or other plaintext access capability be: (1) given to any other person, including any U.S. or State agency, or any private sector entity; or (2) retained by any person using encryption. Prohibits any U.S. agency from requiring any person who is not an employee or agent of the United States or a State from using any key recovery or other plaintext access features for communicating or transacting business with any U.S. agency. Makes such prohibitions inapplicable to encryption used solely for the internal operations and telecommunications systems of the United States or a State. Directs that the use, development, manufacture, sale, distribution, and import of encryption products, standards, and services for purposes of assuring the confidentiality, authenticity, or integrity or access control of electronic information be voluntary and market driven. Prohibits any U.S. or State agency from establishing any condition, tie, or link between encryption products, standards, and services used for confidentiality and those used for authentication, integrity, or access control purposes. (Sec. 102) Authorizes a U.S. agency to purchase encryption products for: (1) the internal operations and telecommunications systems of the agency; or (2) use by, among, and between that agency and any other U.S. agency, and its employees or contractors. Prohibits the United States from purchasing any encryption product with a key recovery or other plaintext access feature that would interfere with use of the product's full encryption capabilities when interoperating with other commercial encryption products. (Sec. 103) Amends the Federal criminal code to authorize a governmental entity to require the disclosure of the contents of an electronic record in networked electronic storage: (1) by a provider of a remote computing service only if the person who created the record is accorded the same protections that would be available if the record had remained in that person's possession; and (2) only pursuant to a warrant or subpoena issued under the Federal Rules of Criminal Procedure or equivalent State warrant (subject to specified requirements), or upon the consent of the person who created the record. (Sec. 104) Requires a provider of mobile electronic communication service to provide to a governmental entity information generated by and disclosing, on a real time basis, the physical location of a subscriber's equipment only if the governmental entity obtains a court order issued upon a finding that there is probable cause to believe that an individual using or possessing the subscriber equipment is committing, has committed, or is about to commit a felony offense. (Sec. 105) Authorizes the court to enter an ex parte order: (1) authorizing the installation and use of a pen register or a trap and trace device within the court's jurisdiction if the court finds, based on the certification by the attorney for the Government or the State law enforcement or investigative officer, that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation; and (2) directing that the use of the pen register or trap and trace device be conducted in such a way as to minimize the recording or decoding of any electronic or other impulses that are not related to the dialing and signaling information utilized in call processing. Title II: Law Enforcement Assistance - Prohibits and sets penalties for knowingly and willfully, during the commission of a Federal felony, encrypting any incriminating communication or information relating to that felony with intent to conceal it to avoid detection by a law enforcement agency or prosecutor. Requires that an order authorizing the interception of a wire or electronic communication in criminal investigations and in foreign intelligence investigations, upon request of the applicant, direct that a provider of wire or electronic communication service furnish the applicant with the necessary decryption assistance, if the court finds that such assistance is necessary, subject to specified requirements. Prohibits: (1) persons possessing information capable of decrypting a wire or electronic communication of another person from disclosing that information or providing decryption assistance to an investigative or law enforcement officer, other than pursuant to an order under this Act; (2) disclosing a decryption key or providing decryption assistance pertaining to the contents of stored electronic communications or records to a governmental entity, with exceptions (and authorizes a delay in service of the copy of the warrant or subpoena on the person who created the communication under specified circumstances); and (3) any investigative or law enforcement officer from releasing a decryption key to a foreign government or to a law enforcement agency of a foreign government, or providing decryption assistance to such government or agency unless specified conditions are met. Establishes in the Department of Justice a National Electronic Technologies Center. Authorizes appropriations. Title III: Exports of Encryption Products - Grants the Secretary of Commerce exclusive authority to control exports of encryption products. (Sec. 302) Specifies that an encryption product that is generally available, or incorporates or employs in any form, implementation, or medium an encryption product that is generally available, shall be exportable without the need for an export license and without restrictions, other than those permitted under this Act, after a one-time 15-day technical review by the Secretary. Authorizes the manufacturer or exporter of an encryption product to request written assurance from the Secretary that an encryption product is considered generally available for such purposes. Directs the Secretary to make a determination whether to issue a written assurance within 30 days after receiving a request and notify the requester. Specifies that a manufacturer or exporter who obtains such assurance shall not be held liable, responsible, or subject to sanctions for failing to obtain an export license for the encryption product at issue. (Sec. 303) Provides that any product that does not itself provide encryption capabilities, but that incorporates or employs cryptographic application programming interfaces, shall be exportable without the need for an export license and without restrictions, other than those permitted under this Act, after a one-time, 15-day technical review by the Secretary. (Sec. 304) Specifies that: (1) technical assistance and technical data associated with the installation and maintenance of encryption products covered by sections 302 (license exception for mass market products) and 303 (license exception for products without encryption capable of working with encryption products) shall be exportable without the need for an export license and without restrictions, other than those permitted under this Act; and (2) an encryption product not qualifying under section 302 shall be exportable without the need for an export license and without restrictions, other than those permitted under this Act, after a one-time 15-day technical review by the Secretary, if an encryption product utilizing the same or greater key length or otherwise providing comparable security to such product, is, or will be within the next 18 months, commercially available outside the United States from a foreign supplier. Establishes the Encryption Export Advisory Board. Sets forth provisions regarding the Secretary's approval or disapproval of determinations by the Board and judicial review. Specifies that a product that incorporates or employs a foreign product, in the way it was intended to be used and that the Board has determined to be commercially available outside the United States, shall be exportable without the need for an export license and without restrictions other than those permitted under this Act, after a one-time 15-day technical review by the Secretary. (Sec. 306) Prohibits the Government from restricting the export of encryption products used for nonconfidentiality purposes. Specifies that those encryption products previously decontrolled and not requiring an export license as of January 1, 1998, as a result of administrative decision or rulemaking, shall not require an export license. (Sec. 307) Provides that nothing in this Act shall be construed to limit the President's authority under specified Acts to: (1) prohibit the export of encryption products to countries that have been determined to repeatedly provide support for acts of international terrorism; or (2) impose an embargo on exports to, and imports from, a specific country. Directs the Secretary to: (1) prohibit the export of particular encryption products to an individual or organization in a specific foreign country identified by the Secretary if the Secretary determines that there is substantial evidence that such encryption products will be used for military or terrorist end-use; and (2) identify foreign barriers to exports of U.S. encryption products, initiate appropriate actions to address such barriers and report to the Congress on actions taken under this section.
United States · United States Congress · 8 May 1998
Expresses the sense of the Senate that the United States, at the 50th Annual Meeting of the International Whaling Commission in Oman, should: (1) remain firmly opposed to commercial whaling; (2) initiate and support efforts to ensure that all activities conducted under reservations to the Commission's moratorium or sanctuaries are ceased; (3) oppose the lethal taking of whales for scientific purposes unless specifically authorized by the Commission's scientific committee; (4) seek the Commission's support for specific efforts by member nations to end illegal trade in whale meat; and (5) support the permanent protection of whale populations through the establishment of whale sanctuaries in which commercial whaling is prohibited. Urges the United States to make full use of all appropriate mechanisms to implement such goals.
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
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 · 2 April 1998
Technical Workers Fairness Act of 1998 - Amends the Revenue Act of 1978, as amended by the Tax Reform Act of 1986, with respect to the standards that a taxpayer must apply to treat certain individuals as not being employees for employment tax purposes. Repeals the exception to such standards for an individual who, pursuant to an arrangement between the taxpayer and another person, provides services for such other person as an engineer, designer, drafter, computer programmer, systems analyst, or other similarly skilled worker (technical worker) engaged in a similar line of work. (Thus, restores the standards used for determining whether technical workers are not employees as in effect before the Tax Reform Act of 1986.)
United States · United States Congress · 1 April 1998
Amends the Elwha River Ecosystem and Fisheries Restoration Act to direct the Secretary of the Interior, as soon as sums are appropriated, to acquire the Elwha and Glines Canyon Projects (Clallam County, Washington, hydroelectric power projects) for a purchase price of $29.5 million. Conditions such acquisition on a release of the owners and local industrial consumer from liability to the United States arising from such Projects. Prohibits the United States from assuming or satisfying the liability of such owners or consumer to any federally recognized Indian tribe. Directs the Secretary: (1) after acquiring the Elwha Project, to remove the Elwha dam, taking necessary action to ensure the continued availability of current water quality and quantity to specified areas and users; (2) for a period of 12 years during such removal, to thoroughly evaluate the removal's impact on fish runs; and (3) to pay specified compensation to the Clallam County Board of Commissioners for revenues lost due to such removal (with a specified condition). Directs the Secretary to continue operation of, and not commence removal of, the Glines Canyon dam for a period of 12 years after the Elwha dam has been removed. Authorizes the Secretary, after such period, to remove the Glines Project if the benefit to fisheries and natural restoration of the Elwha River exceeds the value of power and the desirability of the lake by a margin sufficient to warrant the expenditure of the removal cost. Directs the Secretary to: (1) complete a Glines Canyon engineering and design study concerning the reconfiguration of Canyon transmission lines and dam operational controls during the 12-year period; and (2) evaluate the impact that managing such Project for fisheries restoration will have on future hydropower operations. Directs the Secretary to develop and implement a comprehensive fish enhancement plan with the Elwha Citizens Commission, the Lower Elwha Klallam tribe, the National Marine Fisheries Service, the Washington Department of Fish and Wildlife, and other entities directly affected by management decisions on the Elwha River. Prohibits, unless specifically authorized by an Act of Congress, any Federal or State agency from taking any action that would impair or reduce the flood control facilities, power generation capabilities, reservoir levels, and related components within the Columbia-Snake River basin. Prohibits any action above Columbia River mile 106 that would reduce the congressionally required minimum 14-foot navigation channel and navigation lock sill clearance at minimum regulated flow, except as necessary for flood control or maintenance and repairs. Limits Federal or State judicial review with respect to actions concerning such basin. Provides a civil action for persons whose interests may be adversely affected by a violation of this section.
United States · United States Congress · 24 March 1998
Amends the National Sea Grant College Program Act to include within the term "ocean, coastal, and Great Lakes resources" resources of Lake Champlain, to the extent such resources have hydrological, biological, physical, or geological characteristics and problems similar or related to those of the Great Lakes.
United States · United States Congress · 17 March 1998
Authorizes appropriations for the U.S. Customs Service for FY 1999 and 2000 for acquisition and deployment of narcotics enforcement and cargo processing technology (including maintenance and support of such equipment, training of personnel, and for new technologies) along the U.S. Southwest border. Earmarks amounts for additional inspectors, canine enforcement officers, special agents, and enhanced investigative resources during peak hours along the border.
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 · 6 March 1998
American Competitiveness Act - Amends the Immigration and Nationality Act to establish an H1-C nonimmigrant category of nonphysician health care workers. (Removes such aliens from the H-1B skilled worker category.) Increases H1-B visa levels, and makes available to such category a certain number of unused visas from specified other temporary visa categories. (Sec. 4) Amends the Higher Education Act of 1965 to authorize appropriations for the State Student Incentive Grant program. Obligates specified amounts for grants to low-income students in higher education programs of mathematics, computer science, or engineering. Directs the Secretary of Labor to establish or improve an Internet technology employment data bank. Authorizes appropriations. (Sec. 5) Revises and increases penalties for violations of the H1-B or H1-C programs. Transfers labor condition application authority from the Secretary to the Attorney General. Defines "prevailing wage." (Sec. 6) Directs the Attorney General to submit an annual H1-B visa report. (Sec. 7) Exempts employment-based immigrants from per country limitations if unused visas are available during a calendar quarter. Authorizes nonimmigrant status extension for certain aliens who: (1) have petitions pending for employment-based immigrant status adjustment; and (2) are subject to per country limitations. (Sec. 8) Authorizes H1-B aliens to accept academic honorarium payments for services on behalf of an institution of higher education or other nonprofit entity.
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