United States · United States Congress · 21 September 1998
Declares that the Congress supports the existing Federal legal process for determining the safety and efficacy of drugs and opposes efforts to circumvent this process by legalizing marijuana, and other Schedule I drugs, for medicinal use without valid scientific evidence and Food and Drug Administration approval. Directs the Attorney General to report to the House and Senate Judiciary Committees, regarding specified years, on: (1) the total quantity of marijuana eradicated in the United States; and (2) the annual number of arrests and prosecutions for Federal marijuana offenses. Requires the Commissioner of Food and Drugs to report to specified congressional committees on the specific efforts underway to enforce specified provisions of the Federal Food, Drug, and Cosmetic Act regarding marijuana and other Schedule I drugs.
United States · United States Congress · 15 September 1998
Declares a named individual to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act upon payment of the required visa fee.
United States · United States Congress · 8 September 1998
Federalism Enforcement Act of 1998 - Directs executive agencies, when formulating and implementing policies that have federalism implications, to: (1) strictly adhere to constitutional principles and closely examine the constitutional and statutory authority supporting any Federal action that would limit the policy making direction of the States; (2) take Federal action limiting the policy making discretion of the States only where constitutional authority for the action is clear and certain and the national activity is necessitated by the presence of a problem of national scope; (3) recognize the distinction between problems of national scope and problems that are merely common to the States; (4) recognize that constitutional authority for Federal action is clear and certain only when authority for the action may be found in a specific provision of the Constitution, when there is no provision in the Constitution prohibiting Federal action, and when the action does not encroach upon authority reserved to the States; (5) encourage States to develop their own policies to achieve program objectives and to work with officials in other States; (6) refrain from establishing uniform, national standards for programs and, when possible, defer to the States to establish standards; and (7) consult with officials and organizations representing the States in developing national standards when required. States that: (1) the national Government should grant the States the maximum administrative discretion possible with respect to national policies administered by the States; and (2) intrusive Federal oversight of State administration is neither necessary nor desirable. Requires observation of the following special requirements for preemption of State law: (1) agencies should construe a Federal statute to preempt only when it contains an express preemption provision, when there is some other firm and palpable evidence compelling the conclusion that the Congress intended preemption, or when the exercise of State authority directly conflicts with the exercise of Federal authority under the statute; (2) such agencies should construe any authorization in the statute for the issuance of regulations as authorizing preemption only when the statute expressly authorizes issuance of preemptive regulations or when there is other evidence compelling the conclusion that the Congress intended to delegate preemption authority; (3) any regulatory preemption should be restricted to the minimum level necessary to achieve the objectives of the statute; (4) an agency that foresees the possibility of a conflict between State law and federally protected interests should consult with State officials and organizations to avoid such a conflict; and (5) an agency that proposes to act through adjudication or rulemaking should provide all affected States notice and an opportunity for participation in the proceedings. Expresses the sense of the Congress that executive departments and agencies should not submit to the Congress legislation that would: (1) regulate the States so as to interfere with functions essential to the their separate and independent existence or their freedom to structure integral operations; (2) attach to Federal grants conditions unrelated to such grant; or (3) preempt State law unless consistent with the principles of federalism and unless a clearly legitimate national purpose cannot otherwise be met. Requires the head of each executive department and agency to designate an official responsible for implementing this Act, who shall determine which proposed policies have sufficient federalism implications to warrant the preparation of a federalism assessment. Provides assessment requirements. Directs the Office of Management and Budget to ensure that the policies of executive departments and agencies are consistent with the principles, criteria, and requirements set forth under this Act. Requires such departments and agencies to identify proposed regulatory and statutory provisions that have significant federalism implications and to address any substantial federalism concerns.
United States · United States Congress · 28 July 1998
Economic Development Administration Reform Act of 1998 - Amends the Public Works and Economic Development Act of 1965 (the Act) to replace titles I through VI of such Act with the provisions of this Act. Directs the Secretary of Commerce to cooperate with States and other entities to ensure that Federal economic development programs are compatible with and further the objectives of State, regional, and local economic development plans and comprehensive economic development strategies. Authorizes the Secretary to provide appropriate technical assistance to such entities in order to alleviate economic distress, encourage partnerships for economic development strategies, and promote investment in infrastructure and technological capacity to keep pace with the changing global economy. Directs the Secretary to promulgate regulations for intergovernmental review of proposed economic development projects. Authorizes the Secretary to enter into economic development cooperation agreements with two or more adjoining States. Defines an "eligible recipient," for purposes of this Act, as: (1) an area with a per capita income of 80 percent or less of the national average or an unemployment rate at least one percent greater than the national average or one which has experienced or is about to experience actual or threatened severe unemployment or economic adjustment problems; (2) an economic development district; (3) an Indian tribe; (4) a State; (5) a political subdivision; (6) an institution of higher education; or (7) a nonprofit organization acting in cooperation with local officials. Sets forth provisions similar to existing provisions of law authorizing grants to eligible recipients for acquisition or development of public works and development facilities. Retains a limitation that prohibits more than 15 percent of the amounts made available for such assistance from being expended in any one State. Authorizes assistance for public works and economic development to be available for a project to be carried out on a military or Department of Energy installation that is closed or scheduled for closure or realignment without requiring an eligible recipient to have title to the property or a leasehold interest for any specified term. Sets forth provisions similar to those under existing law authorizing grants for economic planning. Authorizes the Secretary to make grants for related administrative expenses as well. Provides a Federal cost-share limit of 50 percent of project costs. Authorizes the Secretary to make supplementary grants for a project for which the recipient is eligible but for which the recipient cannot provide the required non-Federal share. Provides supplementary grant conditions and requirements, authorizing the Secretary to reduce or waive the required non-Federal share in certain cases. Sets forth provisions similar to those under existing law that authorize technical assistance useful in alleviating or preventing conditions of excessive unemployment or underemployment. Authorizes grants for training and research for such purposes as well. Permits the Secretary to reduce or waive the non-Federal share of a project so assisted if the project is not feasible without, and merits, such a reduction or waiver. Retains an existing provision of law regarding the prevention of unfair competition. Sets forth provisions similar to those under existing law which authorize grants for economic adjustment to alleviate long-term economic deterioration and sudden economic dislocation. Revises criteria for such assistance. Authorizes the Secretary to: (1) approve the use of grant funds for projects the scope or purpose for which has been modified after the grant has been made; and (2) use funds for projects constructed for less than the projected costs to improve such projects. Bars assistance for public works and economic development from being used for attorney's or consultants' fees incurred in connection with obtaining grants and contracts. Requires areas to have per capita incomes of 80 percent or less of the national average or unemployment rates at least one percent greater than the national average or to have experienced or be about to experience actual or threatened severe unemployment or economic adjustment problems in order to be eligible for grants for public works and economic development or economic adjustment. Requires from such applicants: (1) documentation of meeting such criteria; and (2) evidence of a comprehensive economic development strategy which identifies the economic problems to be addressed through such assistance, as well as related information. Revises conditions under which areas may be designated as economic development districts by the Secretary. Retains: (1) existing incentives for increasing grant assistance in districts where participants are actively participating in economic development activities and the project is consistent with the district's comprehensive economic development strategy; and (2) provisions authorizing assistance to parts of districts not in eligible areas. Directs the Secretary to carry out this Act through an Assistant Secretary of Commerce for Economic Development who shall serve as the Administrator of the Economic Development Administration. Directs the Secretary to maintain an information clearinghouse on all matters relating to economic development and adjustment, disaster recovery, defense conversion, and trade adjustment programs and activities of Federal and State governments and to assist applicants for such assistance. Authorizes the Secretary to furnish procurement divisions of the Federal Government with a list of business firms located in distressed areas that desire Federal contracts. Requires the Secretary to conduct reviews of university centers that receive grant assistance under this Act to assess their performance and contribution toward retention and creation of employment. Provides for penalty, administrative, and recordkeeping provisions similar to those under existing law. Authorizes appropriations for FY 1999 through 2003. Authorizes additional appropriations for defense conversion activities and disaster economic recovery activities. Repeals provisions of the Act regarding economic recovery for disaster areas, special economic development and adjustment assistance, and the job opportunities program.
United States · United States Congress · 27 July 1998
TABLE OF CONTENTS: Title I: Service Connection for Gulf War Illnesses Title II: Extension and Enhancement of Gulf War Health Care Authorities Title III: Miscellaneous Persian Gulf War Veterans Act of 1998 - Title I: Service Connection for Gulf War Illnesses - Presumes to be service-connected (and therefore compensable or treatable under Federal veterans' benefits provisions) any illness that: (1) the Secretary of Veterans Affairs determines to warrant such a presumption based upon a positive association with exposure to a biological, chemical, or toxic agent, an environmental or wartime hazard, or preventive medicine or vaccine associated with service in the southwest Asia theater of operations during the Persian Gulf War; and (2) becomes manifest in a Gulf War veteran within a period to be prescribed by the Secretary. Requires such presumption even though there is no record of evidence of such illness in the veteran during the period of service. Requires the Secretary to make such determinations based on sound medical and scientific evidence and to take into account reports submitted by the National Academy of Sciences (NAS) as required under this Act. Requires the Secretary to make determinations regarding presumptions of service connection for covered illnesses within 60 days after receipt of an NAS report. (Sec. 102) Directs the Secretary to enter into an agreement with NAS under which NAS shall identify: (1) the agents, hazards, or medicines to which Gulf War veterans may have been exposed; and (2) the illnesses that are manifest in such members. Requires NAS, in making such identification, to consider certain pesticides, nerve agents, repellents, compounds, ionizing radiation, particulates, endemic diseases, and vaccines. Requires NAS to submit to the congressional veterans and defense committees (designated committees) a report specifying all agents, hazards, or medicines considered. Directs NAS, after such identification, to determine whether a statistical association exists between exposure to such agent, hazard, or medicine and the illness. Requires NAS to separately review potential treatment models for such illnesses, make recommendations for additional studies, and perform subsequent reviews of available evidence and data. Requires periodic reports from NAS to the Secretary, the Secretary of Defense, and the designated committees concerning NAS activities. Terminates requirements and activities under this Act ten years after NAS submits its first report. Requires the Secretary to enter into an agreement with an alternative scientific organization if agreement cannot be reached with NAS. (Sec. 103) Directs the Secretary to develop and implement a plan for the establishment and operation of a single computerized information database for the collection, storage, and analysis of information on illnesses and health care utilization patterns of Gulf War veterans. Requires such plan to be submitted to the Secretary of Defense, NAS, and the designated committees. Directs NAS to evaluate and report on such plan. Requires a joint annual report by the Secretary and the Secretary of Defense concerning data compiled and the types, incidences, and prevalence of the illnesses identified, with explanations, as well as information analysis and the implementation of appropriate treatment models in the health care systems of their respective departments. (Sec. 104) Requires such Secretaries and the Secretary of Health and Human Services to report to the designated committees on any recommendations received from NAS for additional scientific studies. (Sec. 105) Directs the Secretaries of Veterans Affairs and Defense to carry out an ongoing program to provide Gulf War veterans with information relating to any health risks determined to be associated with such service, together with services or benefits available. Title II: Extension and Enhancement of Gulf War Health Care Authorities - Extends through December 31, 2001, the authority of the Secretary to provide hospital and nursing care and medical services to Persian Gulf War veterans for any disability. (Sec. 202) Amends the Persian Gulf War Veterans' Benefits Act to extend a program for evaluating the health status of spouses and children of Persian Gulf War veterans until either the date on which all funds for the program are expended or December 31, 2001, whichever is earlier. (Currently such program is authorized until December 31, 1998.) Repeals certain testing and evaluation requirements under such program. Provides additional program outreach requirements. Authorizes the Secretary, in order to increase the number of diagnostic tests and medical examinations under such program: (1) to reimburse primary care physicians of such spouses and children for the costs of such tests or examinations; (2) to conduct such tests and examinations in Department medical facilities; and (3) in the event travel is required for the conduct of such tests or examinations by contract entities, to reimburse the spouses and children for the costs of such travel and related lodging. Requires the Secretary to provide for monthly reports to the Department's Central Office on activities conducted under the program. Title III: Miscellaneous - Requires the Secretary to seek to enter into an agreement with NAS or other appropriate independent organization under which NAS assesses the need for and feasibility of establishing an independent entity to: (1) evaluate and monitor the post-deployment health concerns of military personnel; (2) evaluate the health care provided both before and after deployment; and (3) take certain related actions with respect to the monitoring, evaluation, and improvement of post-deployment health care. Requires a report from NAS to the designated committees on assessment results.
United States · United States Congress · 27 July 1998
National Uniformity for Food Act of 1998 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to prohibit any State or political subdivision from establishing or continuing in effect as to any food in interstate commerce any requirement for food labeling or food that is not identical to specified FDCA provisions. Prohibits any State or political subdivision from establishing or continuing in effect any notification requirement for a food that provides for a warning concerning the food's safety that is not identical to FDCA provisions. Allows a State to petition for an exemption and for a national standard regarding any requirement under the FDCA or the Fair Packaging and Labeling Act relating to food regulation. Allows a State to establish a requirement that would otherwise violate FDCA provisions relating to national uniform nutrition labeling or this paragraph if the requirement is needed to address an imminent hazard to health that is likely to result in serious adverse health consequences and if other requirements are met.
United States · United States Congress · 27 July 1998
Declares that the Congress honors the memory of Detective John Michael Gibson and Private First Class Jacob Joseph Chestnut of the U.S. Capitol Police for the selfless acts of heroism they displayed on July 24, 1998, in sacrificing their lives in the line of duty so that others might live. Provides that, when the Senate and the House of Representatives adjourn on this date, they shall do so out of respect for the memory of Officers Gibson and Chestnut.
United States · United States Congress · 27 July 1998
Authorizes the use of the rotunda of the Capitol for a memorial service for Detective John Michael Gibson and Private First Class Jacob Joseph Chestnut of the U.S. Capitol Police. Directs the Architect of the Capitol to place a plaque in honor of the memory of Officers Gibson and Chestnut at an appropriate site in the U.S. Capitol, with the approval of the Speaker of the House of Representatives and the President Pro Tempore of the Senate. Directs the Sergeant at Arms of the House of Representatives to make arrangements for funeral services for Officers Gibson and Chestnut, including payments for travel expenses of immediate family members, and for expenses incurred by Members of the House of Representatives in attending such services. Directs the Chief Administrative Officer of the House of Representatives to pay survivor's gratuities to the widows of Officers Gibson and Chestnut. Expresses the sense of the Congress that there should be established under law a U.S. Capitol Police Memorial Fund for the surviving spouses and children of members of the U.S. Capitol Police who are slain in the line of duty.
United States · United States Congress · 24 July 1998
Medicare Home Health Beneficiary Protection Act of 1998 - Amends part D (Miscellaneous Provisions) of title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Balanced Budget Act of 1997 (BBA '97), to revise reasonable cost requirements with regard to the interim system of limited payments for services provided by home health agencies. Establishes a moratorium on implementation of per beneficiary limits and a three-year freeze on cost limits. Amends BBA '97 to direct the Secretary of Health and Human Services (HHS) to: (1) establish a process for eliminating inappropriate utilization of Medicare home health services by reviewing claims in which the number of home health visits provided to a beneficiary in a year exceeds the regional average of per beneficiary annual visits; (2) if appropriate, issue a determination denying payment for such a claim, and refer the name of the claimant-provider to the HHS Inspector General for investigation; and (3) include in the annual reports to the Congress on home health cost containment any recommendations for changes to the method of payment, claims review, and scope of benefits that the Secretary determines is necessary to achieve actual outlays equal to estimated outlays under Medicare parts A (Hospital Insurance) and B (Supplementary Medical Insurance) for such services during the following fiscal year. (Sec. 4) Amends SSA title XVIII to provide for: (1) establishment of limits for calculating prospective payment rates for home health services under the payment system for such services; and (2) temporary restoration of periodic interim payment for such services.
United States · United States Congress · 22 July 1998
TABLE OF CONTENTS: Title I: Enhanced Source and Transit Country Coverage Title II: Enhanced Eradication and Interdiction Strategy in Source Countries Title III: Enhanced Alterative Crop Development Support in Source Zone Title IV: Enhanced International Law Enforcement Training Title V: Enhanced Drug Transit and Source Zone Law Enforcement Operations and Equipment Title VI: Relationship to Other Laws Western Hemisphere Drug Elimination Act - Declares that it is U.S. policy to: (1) reduce the supply of drugs and drug use through an enhanced drug interdiction effort in the major drug transit countries and a comprehensive supply country eradication and crop substitution program, because a commitment of increased resources in international drug interdiction efforts will create a balanced national drug control strategy among demand reduction, law enforcement, and international drug interdiction efforts; and (2) support policies and dedicate the resources necessary to reduce the flow of illegal drugs into the United States by not less than 80 percent by December 31, 2001. Title I: Enhanced Source and Transit Country Coverage - Authorizes appropriations for FY 1999 through 2001 for the Department of the Treasury and the Department of Defense (DOD) for the enhancement of air coverage and operation for drug source and transit countries. (Sec. 102) Authorizes appropriations for FY 1999 through 2001 for the Department of Transportation (DOT) for the enhancement of U.S. Coast Guard maritime coverage and operation in drug source and transit countries. (Sec. 103) Authorizes appropriations for FY 1999 through 2001 for the DOD for the enhancement of radar coverage in drug source and transit countries. Title II: Enhanced Eradication and Interdiction Strategy in Source Countries - Authorizes appropriations for FY 1999 through 2001 for the Department of State and the DOD for the enhancement of drug- related eradication efforts in Colombia. (Sec. 202) Authorizes appropriations for FY 1999 through 2001 for: (1) the Department of State for the establishment of a third drug interdiction site at Puerto Maldonado, Peru, to support air bridge and riverine missions for enhancement of drug-related eradication efforts there; and (2) the DOD for operation and maintenance, Defense-wide, for enhancement of drug interdiction efforts in Peru for support of multinational riverine and small boat maintenance training programs in Iquitos, Peru. Directs the Secretary of Defense to study and report to the Congress on Peruvian counternarcotics air interdiction requirements. (Sec. 203) Authorizes appropriations for FY 1999 through 2001 for the Department of State for enhancement of drug-related eradication efforts in Bolivia. (Sec. 204) Directs the Secretary of State to purchase six Bell 212 high altitude helicopters designated for opium eradication programs in Mexican states of Guerrero, Jalisco, and Sinaloa, for enhancement of drug-related eradication efforts there. Makes this purchase mandate contingent on Mexico's agreement to approve full diplomatic immunity for Drug Enforcement Administration (DEA) personnel serving in Mexico with privileges granted to U.S. Government officials to carry weapons necessary for the performance of their duties. Authorizes appropriations. Expresses the sense of the Congress that: (1) all U.S. law enforcement personnel serving in Mexico should be accorded the same status as diplomatic and consular personnel serving at U.S. posts in Mexico; and (2) all Mexican narcotics law enforcement personnel serving in the United States should be accorded the same diplomatic and consular status as DEA personnel serving in Mexico. (Sec. 205) Authorizes appropriations for FY 1999 through 2001 for enhanced precursor chemical control projects. (Sec. 206) Requires any individual serving as an assistant secretary of any Federal agency or department who has primary responsibility for international narcotics control and law enforcement (including the principal deputy of any such assistant) to have substantial professional qualifications in the fields of management and Federal law enforcement, or intelligence. Declares that the DOD shall have sole responsibility in implementation and processing of counternarcotics foreign military sales requests (with the Department of State having a consultative role in such requests). (Sec. 207) Expresses the sense of the Congress that the responsiveness and effectiveness of Department of State international narcotics assistance activities have been hampered due, in part, to the lack of law enforcement expertise by responsible Department of State personnel. Requires the Director of National Drug Control Policy to report to the appropriate congressional committees on: (1) the responsiveness and effectiveness of such activities; and (2) the feasibility costs and steps needed to achieve a transfer of the Department of State's Bureau of International Narcotics and Law Enforcement Affairs to the DEA. Authorizes appropriations. Title III: Enhanced Alternative Crop Development Support in Source Zone - Authorizes appropriations for FY 1999 through 2001 for the U.S. Agency for International Development (AID) for certain alternative crop development programs in Colombia, Peru, and Bolivia. Title IV: Enhanced International Law Enforcement Training - Authorizes appropriations for FY 1999 through 2001 for the Department of Justice for the establishment and operation of international law enforcement academies to carry out law enforcement training activities in Latin America and the Caribbean, Thailand, and South Africa. (Sec. 401) Authorizes appropriations for FY 1999 through 2001 for the DOT and the Department of the Treasury for the joint establishment, operation, and maintenance in San Juan, Puerto Rico, of a center for training law enforcement personnel of countries located in Latin America and the Caribbean in matters relating to maritime law enforcement (including customs-related ports management matters). Authorizes appropriations for FY 1999 through 2001 for the DOT for the establishment, operation, and maintenance of maritime training vessels. (Sec. 402) Authorizes appropriations for FY 1999 through 2001 for the Department of Justice for: (1) substantial exchanges for Mexican judges, prosecutors, and police; and (2) enhanced support for the Brazilian Federal Police Training Center. Authorizes appropriations for FY 1999 through 2001 for the DOD for operation and maintenance, Defense-wide, for locating and operating Coast Guard and Navy assets so as to strengthen the capability of the Coast Guard of Panama to patrol the Atlantic and Pacific coasts for drug enforcement and interdiction activities. Makes members of the national police of Panama eligible to receive training through the International Military Education Training (IMET) program. Authorizes appropriations for FY 1999 through 2001 for the DOD for operation and maintenance, Defense-wide, for support for the Venezuelan Joint National Guard and Judicial Technical Police Counterdrug Intelligence Center. Authorizes appropriations for FY 1999 through 2001 for the DOT and the Department of the Treasury for the buildup of local coast guard and port control in: (1) Guayaquil and Esmeraldas, Ecuador; (2) Haiti and the Dominican Republic; and (3) Belize, Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua (Central America). (Sec. 403) Authorizes the DEA Administrator to transfer or lease a specified amount of nonlethal equipment to foreign law enforcement organizations for the purpose of establishing and carrying out cooperative illicit narcotics control activities. Title V: Enhanced Drug Transit and Source Zone Law Enforcement Operations and Equipment - Authorizes appropriations for FY 1999 through 2001 for the DEA, the DOT, the DOD, and the Department of the Treasury for enhancement of counternarcotics operations in drug transit and source countries. (Sec. 501) Authorizes appropriations for FY 1999 through 2001 for the Department of State for the deployment of commercial unclassified intelligence and imaging data and a Passive Coherent Location System for counternarcotics and interdiction purposes in the Western Hemisphere. (Sec. 502) Expresses the sense of the Congress that the Secretary of Defense should revise the DOD's Global Military Force Policy in order to: (1) treat the international drug interdiction and counter- drug activities of the DOD as a military operation other than war (thus elevating its priority to just below that for war); and (2) allocate DOD assets to drug interdiction and counter-drug activities in accordance with such priority. Title VI: Relationship to Other Laws - Declares that funds authorized to be appropriated for any Federal department or agency for FY 1999 through 2001 are in addition to funds authorized to be appropriated for that department or agency for those fiscal years by any other provision of law.
United States · United States Congress · 22 July 1998
Expresses the sense of the Senate that October 15, 1998, should be designated as National Inhalant Abuse Awareness Day, to be observed with appropriate activities. Requests the President to issue a proclamation designating such Day.
United States · United States Congress · 17 July 1998
TABLE OF CONTENTS: Title I: Patients' Bill of Rights Subtitle A: Right to Advice and Care Subtitle B: Right to Information about Plans and Providers Subtitle C: Right to Hold Health Plans Accountable Title II: Individual Rights with Respect to Personal Medical Information Subtitle A: Access to Medical Records Subtitle B: Establishment of Safeguards Subtitle C: Enforcement; Definitions Title III: Genetic Information and Services Title IV: Healthcare Quality Research Title V: Women's Health Research and Prevention Subtitle A: Provisions Relating to Women's Health Research at the National Institutes of Health Subtitle B: Provisions Relating to Women's Health at the Centers for Disease Control and Prevention Subtitle C: Women's Health and Cancer Rights Title VI: Enhanced Access to Health Insurance Coverage Patients' Bill of Rights Act - Title I: Patients' Bill of Rights - Subtitle A: Right to Advice and Care - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan covering emergency medical care to provide coverage, without requiring preauthorization, for appropriate emergency medical screening examinations to the extent that a prudent layperson, possessing an average knowledge of health and medicine, would determine such examinations to be necessary to determine whether emergency medical care is necessary. (Sec. 101) Requires a plan to cover additional emergency medical services following such an examination to the extent that a prudent emergency medical professional would determine such services to be necessary to avoid specified serious consequences. Requires a plan (other than a small employer's plan) providing benefit coverage only through a defined set of participating health care professionals to offer the option of point-of-service coverage (of the same benefits provided by a nonparticipating health care professional), unless the plan offers multiple issuer or coverage options. Requires any plan offering gynecological, obstetric, or pediatric care not to require prior authorization from a participant's primary care provider if such provider is not a gynecologist, obstetrician, or pediatrician. Requires a plan to permit a participant or beneficiary undergoing a course of treatment to continue such treatment for a period of time even though the contract between the plan and a health care provider is terminated, or the schedule of benefits or coverage is terminated by a change in the terms of the provider's participation in the plan. Specifies a 90-day continuation of coverage generally, and other transitional periods for institutionalization (until discharge), pregnancy (through post-partum care), and terminal illness (remainder of life). Declares that a plan shall not prohibit a health care professional from advising a patient about the patient's health status, medical care, or treatment for the patient's condition or disease, regardless of whether coverage for such care or treatment is provided under the contract, if the professional is acting within the lawful scope of the practice. Applies the requirements of this subtitle to group health plans, but not to a health insurance issuer licensed by a State and subject to State insurance regulation while engaged in the business of insurance in such State. Subtitle B: Right to Information about Plans and Providers - Requires plans and group health insurance issuers to disclose specified plan information to enrollees and (upon request) potential enrollees. (Sec. 112) Directs the Secretary of Health and Human Services (HHS) to contract with the Institute of Medicine for a study and report to the appropriate congressional committees on: (1) health care professionals information currently available to patients, consumers, States, and professional societies, nationally and on a State-by-State basis; (2) the legal and other barriers to the sharing of information about health care professionals; and (3) recommendations for disclosure of such information on health care professionals, including their competencies and professional qualifications, to better facilitate patient choice, quality improvement, and market competition. Subtitle C: Right to Hold Health Plans Accountable - Revises requirements for plan provision of a procedure for appealing denied claims. (Sec. 121) Requires a plan or health insurance issuer conducting utilization review to have: (1) specified procedures in place for coverage determinations, including expedited determinations; (2) written procedures for addressing grievances between a plan and enrollees; (3) an internal procedure for coverage determination appeals; and (4) an external review procedure for enrollee appeals, involving specified entities and independent medical experts, whose determination shall be binding. Prescribes external review standards. Directs the General Accounting Office to study and report to the appropriate congressional committees on a statistically appropriate sample of completed external reviews. Title II: Individual Rights with Respect to Personal Medical Information - Personal Medical Information Access Act - Subtitle A: Access to Medical Records - Amends ERISA to require any health care provider, health plan, employer, health or life insurer, school, or university, except in specified circumstances, to: (1) permit an individual who is the subject of protected health information (or the individual's designee) to inspect and copy protected health information concerning the individual; (2) amend such information upon the individual's request; and (3) make reasonable efforts to inform any person to whom the unamended portion of the information was previously disclosed of any nontechnical amendment that has been made. (Sec. 212) Prescribes procedures for: (1) an entity's denial of a request to amend such information; and (2) an individual's filing of a statement of disagreement with such denial, which shall accompany any subsequent disclosure of the disputed portion of the information. (Sec. 213) Requires any health care provider, health plan, employer, health or life insurer, school, or university to post notice of the entity's confidentiality practices, including specified information. Requires the Secretary to develop and disseminate model notices of confidentiality practices. Subtitle B: Establishment of Safeguards - Requires any health care provider, health plan, employer, health or life insurer, school, or university to establish and maintain appropriate administrative, technical, and physical safeguards to protect the confidentiality, security, accuracy, and integrity of protected health information the entity creates, receives, obtains, maintains, uses, transmits, or disposes of. Subtitle C: Enforcement; Definitions - Prescribes civil money penalties for substantial and material failure to comply with this Act. (Sec. 232) Sets forth definitions. Title III: Genetic Information and Services - Genetic Information Nondiscrimination in Health Insurance Act of 1998 - Amends ERISA, the Public Health Service Act (PHSA), and the Internal Revenue Code to prohibit a health care plan or health insurance issuer from restricting enrollment or adjusting premium or contribution amounts for a group on the basis of predictive genetic information concerning an individual in the group or a family member of the individual (including information about a request for or receipt of genetic services). (Sec. 302) Prohibits a plan or issuer from requesting or requiring predictive genetic information concerning an individual or a family member of the individual (including information about a request for or receipt of genetic services). Permits a plan or issuer to request, but not require, such information for diagnosis, treatment, or payment purposes only. Title IV: Healthcare Quality Research - Healthcare Quality Research Act of 1998 - Amends PHSA to establish within the Public Health Service (PHS) an Agency for Healthcare Quality Research to replace the current Agency for Health Care Policy and Research. (Sec. 402) Directs the Agency to identify and disseminate methods or systems used to assess healthcare research results, particularly to rate the strength of the scientific evidence behind healthcare practice and technology recommendations in the research. Requires the Agency to employ research strategies and mechanisms that will link research directly with clinical practice in geographically diverse locations throughout the United States, including: (1) Healthcare Improvement Research Centers that combine demonstrated multidisciplinary expertise in outcomes or quality improvement research with linkages to relevant sites of care; (2) Practice-based Research Networks, including plan, facility, or delivery system sites of care (especially primary care), that can evaluate and promote quality improvement; and (3) other innovative mechanisms or strategies. Directs the Agency to: (1) award grants to enable eligible entities at geographically diverse locations throughout the United States to carry out research training programs dedicated to health services research training at the doctoral, post-doctoral, and junior faculty levels; and (2) provide specified scientific and technical support for private and public efforts to improve healthcare quality, including accrediting organizations. Directs the Secretary, acting through the Agency Director, to establish a demonstration program of grants for one or more centers to conduct: (1) state-of-the-art clinical research on drugs, biological products, and devices; (2) research on the comparative effectiveness, cost-effectiveness, and safety of drugs, biological products, and devices; and (3) other appropriate activities (excluding the review of new drugs). Requires the Agency Director to: (1) collect certain data on the cost and quality of healthcare; (2) support research on and initiatives to advance the use of information systems for the study of healthcare quality; and (3) provide ongoing administrative, research, and technical support for the Preventive Services Task Force, which shall review scientific evidence on the effectiveness, appropriateness, and cost-effectiveness of clinical preventive services regarding their usefulness in daily clinical practice. Establishes within the Agency a Center for Primary Care Delivery Research to serve as the principal funding source for HHS primary care delivery research and demonstrations with respect to the first contact when illness or health concerns arise, the diagnosis, treatment or referral to specialty care, preventive care, and the relationship between the clinician and the patient in the context of the family and community. Requires the Agency Director by specified activities to promote innovation in evidence-based clinical practice and healthcare technologies. Requires the Secretary, acting through the Director, to coordinate all research, evaluations, and demonstrations related to health services research and quality measurement and improvement activities undertaken and supported by the Federal Government. Requires the Secretary to contract with the Institute of Medicine to: (1) describe and evaluate current quality improvement research and monitoring processes; and (2) recommend options to improve the efficiency and effectiveness of such processes, and optimize public- private sector accreditation bodies. Directs the Secretary, acting through the Director, to establish a nonprofit, nongovernmental Foundation for Healthcare Research, which shall: (1) support the Agency and foster public-private partnerships to support Agency programs and activities; (2) advance collaboration with healthcare researchers from universities, industry, and nonprofit organizations; and (4) develop linkages with users of healthcare and quality research. Requires the Secretary, acting through the Agency Director, to make grants each fiscal year to support the Foundation. Establishes an Advisory Council for Healthcare Quality Research to replace the current Advisory Council for Health Care Policy, Research, and Evaluation. Requires the Agency Director to establish technical and scientific peer review groups to review each application for a grant, cooperative agreement, or contract under this title. Repeals the mandates for: (1) a demonstration program regarding centers for education and research on therapeutics; and (2) the Office of the Forum for Quality and Effectiveness in Health Care. Authorizes appropriations. (Sec. 404) Requires the Secretary, within 30 days after enactment of any Act providing for a qualifying health care benefit, to evaluate scientifically and report to the appropriate congressional committees on: (1) the safety, efficacy, cost, benefits and value of such benefit; (2) alternative approaches in improving care compared with such benefit; and (3) the benefit's overall impact on health care as measured through research. Title V: Women's Health Research and Prevention - Women's Health Research and Prevention Amendments of 1998 - Subtitle A: Provisions Relating to Women's Health Research at the National Institutes of Health - Amends PHSA to extend the authorization of appropriations for research on the drug diethylstilbestrol (commonly known as DES). Directs the Secretary, acting through PHS agency heads, to carry out a national program to educate health professionals and the public about DES. (Sec. 512) Extends the authorization of appropriations for research on: (1) osteoporosis, Paget's disease, and related bone disorders; (2) breast and ovarian cancers; and (3) aging processes relating to women. (Sec. 514) Requires the Director of the National Heart, Lung, and Blood Institute to expand, intensify, and coordinate research and related activities with respect to heart attack, stroke, and other cardiovascular diseases in women. (Sec. 516) Requires the Director of the National Institutes of Health (currently, the Director of the Office of Research on Women's Health) to appoint members of the Advisory Committee on Research on Women's Health. Subtitle B: Provisions Relating to Women's Health at the Centers for Disease Control and Prevention - Amends PHSA to extend the authorization of appropriations for: (1) the National Center for Health Statistics; (2) the National Program of Cancer Registries; (3) the National Breast and Cervical Cancer Early Detection Program; (4) Centers for Research and Demonstration of Health Promotion; and (5) community programs on domestic violence. (Sec. 523) Authorizes a State receiving a Federal grant to make grants to or contract with for-profit private entities to carry out programs of preventive health measures for breast and cervical cancers. Subtitle C: Women's Health and Cancer Rights - Women's Health and Cancer Rights Act of 1998 - Amends ERISA, PHSA, and the Internal Revenue Code to require certain group health plans and health insurance issuers to ensure specified minimum coverage regarding: (1) breast cancer mastectomies, lumpectomies, and lymph node dissections; (2) post-mastectomy breast reconstruction on both breasts; and (3) the costs of prostheses and complications of mastectomy, including lymphedemas. Prohibits: (1) denial of eligibility to a patient, and other related practices, solely to avoid the requirements of this subtitle; (2) incentives or rebates to encourage individuals to accept less than the minimum coverage; and (2) certain penalties or incentives to providers to evade application of this subtitle. (Sec. 535) Amends PHSA to apply the same requirements to health insurance issuers in the individual market. (Sec. 537) Directs the Agency for Health Care Policy and Research to study and report to the appropriate congressional committees on the scientific issues relating to prevention and treatment of breast cancer. Title VI: Enhanced Access to Health Insurance Coverage - Amends the Internal Revenue Code to: (1) allow the annual carryover of up to $500 of unused benefits from cafeteria plans, flexible spending arrangements, and health flexible spending accounts; (2) allow a full deduction from gross income of the health insurance costs of self-employed individuals; and (3) repeal the limitation of the availability of medical savings accounts (MSAs) to employees of small employers and the self-employed. (Sec. 603) Reduces from $1,500 to $1,000 (self-only coverage) and from $3,000 to $2,000 (family coverage) the minimum annual deductible of a high deductible health plan. Revises the formula for the monthly limitation on the allowable deduction for MSAs to increase the contribution limit to 100 percent of the annual deductible under a high deductible health plan. Waives the additional tax on MSA distributions not used for qualified medical expenses to the extent any payment or distribution does not reduce the fair market value of the MSA assets to an amount less than the annual deductible for the account holder's high deductible health plan. (Sec. 604) Authorizes the Office of Personnel Management to contract for or approve catastrophic FEHBP plans, whose covered expenses exceed $500. Amends Federal civil service law, with respect to Government contributions under the Federal Employees Health Benefits Program (FEHBP), to require an additional Government contribution, according to a certain formula, to an individual's MSA with respect to a catastrophic plan. Increases the Government's biweekly contribution to an employee's or annuitant's FEHBP catastrophic plan from 75 percent to 100 percent of the subscription charge.
United States · United States Congress · 14 July 1998
Defense Jobs and Trade Promotion Act of 1998 - Amends the Internal Revenue Code to repeal the limitation on the amount of receipts attributable to military property which may be treated as exempt foreign trade income.
United States · United States Congress · 13 July 1998
Amends the Older Americans Act of 1965 to extend through FY 2001 the authorization of appropriations for: (1) the Federal Council on the Aging; (2) administration; (3) grants for State and community programs on aging; (4) the availability of surplus commodities; (5) training, research, and discretionary projects and programs; (6) community service employment for older Americans; (7) grants for Native Americans; (8) allotments for Vulnerable Elder Rights Protection activities; and (9) the Native American program.
United States · United States Congress · 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 · 25 June 1998
Establishes the Little Rock Central High School National Historic Site, Arkansas, as a unit of the National Park System. Requires the Secretary of the Interior, within two years after funds are made available, to: (1) prepare a general management plan for the Site; and (2) prepare and transmit to specified congressional committees a National Historic Landmark Theme Study on the history of desegregation in public education. Requires the Secretary, on the basis of the study, to identify possible new national historic landmarks appropriate to this theme and prepare a list in order of importance or merit of the most appropriate sites for national historic landmark designation. Authorizes appropriations.
United States · United States Congress · 16 June 1998
Superfund Recycling Equity Act of 1998 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental regulations or standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard or if such material is an item of scrap paper containing, at the time of recycling, a concentration of a hazardous substance determined to present a significant human health or environmental risk.
United States · United States Congress · 10 June 1998
Disapproves the rule submitted by the Health Care Financing Administration, Department of Health and Human Services, on June 1, 1998, relating to surety bond requirements for home health agencies under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act.
United States · United States Congress · 9 June 1998
Lethal Drug Abuse Prevention Act of 1998 - Amends the Controlled Substances Act (CSA) to require the Attorney General to determine that registration of an applicant to manufacture, distribute, conduct research with, or dispense specified controlled substances or listed chemicals is inconsistent with the public interest if: (1) during the five-year period immediately preceding submission of the application, the applicant's registration was revoked; or (2) the Attorney General determines, based on clear and convincing evidence, that the applicant is applying for the registration with the intention of using such registration to violate CSA provisions. Authorizes the Attorney General to suspend or revoke a registration upon a finding that the registrant has intentionally dispensed or distributed a controlled substance with a purpose of causing, or assisting in causing, the suicide, euthanasia, or mercy killing of any individual. Directs the Attorney General to establish the Medical Review Board on Pain Relief, which, based on a hearing, shall make findings regarding whether a particular action at issue is an appropriate means to relieve pain that does not constitute a violation of such provision.
United States · United States Congress · 9 June 1998
Religious Liberty Protection Act of 1998 - Prohibits a State (or any person acting under color of State law) from placing a substantial burden upon a person's religious exercise: (1) in a State-operated program or activity that receives Federal financial assistance; or (2) in or affecting international or interstate commerce. Declares that a State (or any person acting under color of State law) may substantially burden a person's religious exercise if such burden is: (1) in furtherance of a compelling governmental interest; and (2) the least restrictive means of furthering that compelling governmental interest. Declares that nothing in this Act shall be construed to authorize the United States to deny or withhold Federal financial assistance as a remedy for a violation of this Act. (Sec. 3) Places upon a State the burden of persuasion on all issues relating to an alleged violation supported by prima facie evidence of the Free Exercise Clause. Prohibits a State from imposing a land use regulation that: (1) substantially burdens religious exercise; (2) denies religious assemblies a reasonable location; or (3) excludes religious assemblies from areas in which nonreligious assemblies are permitted. Declares that this Act does not preempt State law that is equally or more protective of religious exercise. (Sec. 4) Subjects both a State and the Federal Government to liability for a violation of the Free Exercise Clause, including a civil action for money damages. (Sec. 5) Emphasizes that this Act does not: (1) authorize a State to burden any religious belief; (2) create any basis for the regulation of religious exercise or for claims against a religious organization not acting under color of law; (3) create or preclude a right of any religious organization to receive State funding or assistance; (4) authorize State regulation of the activities or policies of a person other than a government as a condition of receiving funding or other assistance; or (5) restrict any authority that may exist under other law to so regulate or affect, except as provided in this Act. (Sec. 6) Declares that nothing in this Act shall be construed to affect, interpret, or in any way address the Establishment Clause of the Constitution (prohibiting laws respecting an establishment of religion). (Sec. 7) Amends the Religious Freedom Restoration Act of 1993 to repeal its applicability to the States and to make it applicable only to the Federal Government, the District of Columbia, Puerto Rico, and U.S. territories and possessions. Redefines exercise of religion to mean an act or refusal to act that is substantially motivated by a religious belief, whether or not the act or refusal is compulsory or central to a larger system of religious belief.
United States · United States Congress · 9 June 1998
Manufactured Housing Improvement Act - Amends the National Manufactured Housing Construction and Safety Standards Act of 1974 to revise Federal construction and safety provisions for manufactured homes based upon a consensus standards development process. Eliminates the National Manufactured Home Advisory Council.
United States · United States Congress · 5 June 1998
Expresses the sense of the Senate that: (1) the U.S. Government should remain committed to honoring the memory and spirit of the brave citizens of China who suffered and died in Tiananmen Square on June 4, 1989, for attempting to assert their internationally recognized rights; and (2) supporting the peaceful transition to democratic governance and the observance of internationally recognized human, civil, and political rights and the rule of law in China should be a principal goal of U.S. foreign policy.
United States · United States Congress · 4 June 1998
Expresses the sense of the Senate that the President: (1) should not go to China to attend a summit with President Jiang until he has provided a full disclosure to the Congress concerning the transfer of U.S. satellite and missile technology to China and until U.S. policy towards China has been formulated more effectively to protect U.S. national security, economic, and human rights interests; (2) should submit a report to the Congress after the proposed summit in China concerning his progress in securing the release of persons remaining imprisoned in China and Tibet and other significant steps to improve human rights; and (3) in addition to applauding narrow trade concessions from China, should ensure that the highest levels of diplomacy are used to open the entire Chinese market to U.S. trade and investment. Expresses the sense of the Congress that: (1) China's accession to the World Trade Organization should be conditioned on China's compliance with past market access commitments and further steps to open China's market to U.S. investment and trade in goods and services; and (2) the United States should not jeopardize cooperation with and assistance to the Government of Taiwan to appease the Chinese Government, but instead should maintain unambiguously its legal commitments to help maintain Taiwan's capacity for self-defense while calling upon the Chinese Government to renounce the use of force against the people of Taiwan.
United States · United States Congress · 4 June 1998
Expresses the sense of the Congress that the President should reconsider his decision to be formally received in Tiananmen Square until the Government of the People's Republic of China acknowledges the Tiananmen Square massacre, pledges that such atrocities will never happen again, and releases those Chinese students still imprisoned for supporting freedom and democracy that day.
United States · United States Congress · 2 June 1998
No Gun Tax Act of 1998 - Prohibits the Director of the Federal Bureau of Investigation from collecting any fee, assessment, third party collection, or other charge from any person or agency in connection with any background check required under the Brady Handgun Violence Prevention Act.
United States · United States Congress · 22 May 1998
Postal Employees Safety Enhancement Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) to apply it to the United States Postal Service (USPS) as an employer. Amends Federal law to prohibit USPS from: (1) considering compliance with OSHA in determining whether to close or consolidate a post office; or (2) restricting, eliminating, or adversely affecting any service it provides as a result of paying a penalty imposed under OSHA. Prohibits the Postal Rate Commission from considering compliance with OSHA in determining whether to increase rates. Provides that OSHA compliance shall not otherwise affect the service of the USPS.
United States · United States Congress · 14 May 1998
TABLE OF CONTENTS: Title I: Truth in Employment Title II: Fair Hearing Title III: Attorneys Fees Fairness for Small Business and Employees Act of 1998 - Title I: Truth in Employment - Amends the National Labor Relations Act (NLRA) 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. (Sec. 103) Declares that this title shall not affect the rights and responsibilities under NLRA of any employee who is or was a bona fide employee applicant, including the right to: (1) self-organization; (2) form, join, or assist labor organizations; (3) bargain collectively through representatives of their own choosing; and (4) engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. Title II: Fair Hearing - Directs the National Labor Relations Board (NLRB) to provide for a hearing upon due notice to determine the appropriateness of the bargaining unit, if a petition for an election requests to certify a unit which includes the employees employed at one or more facilities of a multi-facility employer, and in the absence of an agreement by the parties regarding the appropriateness of the bargaining unit at issue. Requires the NLRB, in making such determination, to consider functional integration, centralized control, common skills, functions and working conditions, permanent and temporary employee interchange, geographical separation, local autonomy, the number of employees, bargaining history, and other factors it considers appropriate. Title III: Attorneys Fees - Provides for awards of attorney's fees and costs in administrative or court proceedings involving the NLRB, without regard to whether the NLRB's position was substantially justified or special circumstances make an award unjust, if the prevailing parties are employers or labor organizations with no more than 100 employees and a net worth of no more than $1.4 million at the time the adversary adjudication was initiated.
United States · United States Congress · 14 May 1998
Amends the Internal Revenue Code to increase (to $1,500) the child tax credit for a child who is five years of age or less. Eliminates the dependent care credit for a child under the age of five.
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 · 8 May 1998
Veterans' Equality for Treatment and Services Act of 1998 (VETS) - Amends title XVIII (Medicare) of the Social Security Act to authorize the Secretary of Health and Human Services (HHS) and the Secretary of Veterans Affairs (VA) to establish a demonstration project under which the HHS Secretary shall reimburse the VA Secretary from the Medicare trust funds for Medicare health care services furnished to certain targeted Medicare-eligible veterans.
United States · United States Congress · 1 May 1998
Asthma Inhaler Protection Act - Requires the Commissioner of Food and Drugs, before beginning the rulemaking mandated below, to conduct specified assessments regarding: (1) health and environmental risks and benefits; and (2) whether measures and recommendations adopted by the Tenth Meeting of the Parties to the Montreal Protocol on Substances That Deplete the Ozone Layer will facilitate the U.S. transition to non-chlorofluorocarbon (non-CFC) respiratory disease treatments without increasing health risks. Mandates, after the assessments above, a regulation regarding whether and in what cases particular CFC metered-dose inhalers are necessary for purposes of eligibility for class I allowances and represent essential uses of class I substances under specified provisions of the Clean Air Act. Amends the Federal Food, Drug, and Cosmetic Act to require, regarding any new drug or abbreviated new drug application for any drug containing CFCs, a preliminary assessment of whether the drug represents a significant therapeutic advance over previously-approved products and, if not, requires application disapproval.
United States · United States Congress · 29 April 1998
Disaster Victim Tax Extension Act of 1998 - Amends the Taxpayer Relief Act to provide for abatement of interest on taxpayer underpayments in presidentially declared disaster areas if a filing and payment extension is granted.
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 · 28 April 1998
REAL Life Educational Opportunity Act of 1998 - Amends title VI (Innovative Education Program Strategies) of the Elementary and Secondary Education Act of 1965 (ESEA) to allow any State that has enacted or will enact a law establishing a voluntary public and private school parental choice scholarship program in compliance with specified ESEA requirements to reserve an additional 15 percent from its annual title IV allotment for use exclusively for such parental choice programs. Requires State educational agencies (SEAs), except in the case of such programs, to distribute 90 percent (currently 85 percent) of title VI funds to local educational agencies (LEAs). (Sec. 4) Includes such parental choice programs among State and local uses of title VI funds. Requires such parental choice programs to be located in an area that has the greatest numbers or percentages of children: (1) living in areas with a high concentration of low-income families; (2) from low-income families; or (3) living in sparsely populated areas. Requires such programs to ensure that program participation is limited to families whose family income does not exceed 185 percent of the poverty line. (Sec. 5) Allows LEAS that establish parental choice programs to apply for education flexibility waivers of certain statutory or regulatory requirements. Requires approval of such waivers by the Secretary of Education or the SEA, as applicable. Prohibits the Secretary from waiving requirements for: (1) civil rights protections and discrimination prohibitions; (2) services provided under the Individuals with Disabilities Education Act; (3) fiscal accountability measures; (4) equitable participation of private school students and teachers; and (5) parental involvement in program activities and services. (Sec. 6) Directs the Comptroller General to make contracts for annual evaluation of each parental choice program. Requires the Secretary of Education to reserve certain funds for such evaluations. Provides that title VI funds to establish a parental choice program shall be considered assistance to the student and shall not be considered as assistance to any school that chooses to participate in such program. Prohibits the Secretary from exercising any direction, supervision, or control over curricula, program of instruction, administration, or personnel of any school that chooses to participate in a parental choice program.
United States · United States Congress · 28 April 1998
Medicare Home Health Equity Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997 (BBA), to: (1) restore the per visit cost limit to 112 percent of the mean (currently, 105 percent of the median) with regard to payments to home health agencies under Medicare; and (2) revise the interim payment system (IPS) for home health agency services. Directs the Director of the Congressional Budget Office to estimate annually the amount of savings to the Medicare program resulting from the IPS for home health agency services that was established by the BBA. Provides that, if the Director determines that the estimated amount exceeds the amount of savings to the Medicare program that the Director estimated immediately prior to enactment of the BBA by reason of such IPS, then the Director shall certify such excess to the Secretary of Health and Human Services. Requires the Secretary, in turn, when an excess is certified, to prescribe rules under which appropriate adjustments are made to the amount of payments to home health agencies in the case of outliers: (1) where events beyond the home health agency's control or extraordinary circumstances, including the agency's case mix, create reasonable costs for a payment year which exceed the applicable payment limits; or (2) in any other case where the Secretary deems such an adjustment appropriate.
United States · United States Congress · 28 April 1998
TABLE OF CONTENTS: Title I: Designation and Evaluation of Renewal Communities Title II: Tax Incentives for Renewal Communities Title III: Additional Provisions REAL Life Economic Empowerment Act of 1998 - Title I: Designation and Evaluation of Renewal Communities - Renewing American Communities Act of 1998 - Amends the Internal Revenue Code to authorize the Secretary of Housing and Urban Development to designate (upon local or State nomination) up to 50 renewal communities. Requires for nomination purposes that: (1) the area be experiencing high rates of poverty and unemployment and general distress; and (2) State and local governments enter into written contracts with neighborhood organizations to promote specified economic growth and employment activities. Treats renewal communities as labor surplus areas for all Federal law purposes. Title II: Tax Incentives for Renewal Communities - Amends the Internal Revenue Code to exclude from gross income capital gains on the sale or exchange of a qualified community asset (stock, business property, or partnership interest) held for more than five years. Allows a specified deduction for amounts paid into a family development account on behalf of an individual or another qualified individual who is a renewal community resident. Excludes from gross income account distributions used for qualified family development expenses (postsecondary education, first-home purchase, business capitalization, medical, and rollovers). Provides a penalty (with exceptions) in addition to inclusion as gross income for nonqualifying distributions. Provides for designation of up to 25 qualifying renewal communities as matching demonstration areas eligible to receive family development account matching contributions. Authorizes: (1) designation of earned income tax credit payments for family development account deposit; (2) a commercial building revitalization tax credit; (3) increased first year expensing for renewal community businesses; (4) extension of environmental remediation cost expensing and the work opportunity credit for renewal communities; and (5) similar tax treatment of renewal communities and enterprise zones for specified youth residence requirements. (Sec. 205) Makes conforming amendments to provisions respecting: (1) tax on excess contributions and prohibited transactions; (2) trust and annuity information; (3) tax exemption applications; and (4) the commercial revitalization credit. Title III: Additional Provisions - Provides for local government transfer of unoccupied and substandard Department of Housing and Urban Development multifamily and single family housing in renewal communities, with subsequent disposition priority to be given to community development corporations. (Sec. 302) Amends the Community Reinvestment Act of 1977 to provide that a financial institution's investments in community development organizations located in renewal communities may be considered in evaluations under such Act.
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 · 22 April 1998
Expresses the sense of the Senate that: (1) in the upcoming, proposed summit between President Clinton and President Jiang Zemin of China, President Clinton should demand the release of all persons remaining imprisoned in China and Tibet for political or religious reasons; (2) the President should report to the Congress such summit concerning his progress in securing their release and should not offer to lift sanctions imposed on China after the 1989 crackdown in Tiananmen Square; (3) the release of one prisoner into exile does not change the fundamental flaws within the Chinese judicial and penal system; and (4) the U.S. policy of granting concessions to the Chinese Government in exchange for the release of high profile prisoners is an offense to the thousands of dissidents remaining in prison.
United States · United States Congress · 22 April 1998
Congratulates the U.S. Army Reserve on the 90th anniversary of its establishment on April 23, 1998. Recognizes and commends the Army Reserve for its service and recognizes Strom Thurmond, the president pro tempore of the Senate, for 36 years of service with distinction in the Army Reserve.
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
Constitutional Amendment - Grants victims of crimes of violence the right to: (1) reasonable notice of, and to not be excluded from, all public proceedings relating to the crime; (2) be heard, if present, and to submit a statement at all public proceedings to determine a release from custody, an acceptance of a negotiated plea, or a sentence (grants such rights at a non-public parole proceeding to the extent they are afforded to the convicted offender); (3) reasonable notice of a release or escape from custody relating to the crime; (4) consideration for the interest of the victim in a trial free from unreasonable delay; (5) an order of restitution from the convicted offender; (6) consideration for the safety of the victim in determining any release from custody; and (7) reasonable notice of the rights established by this amendment. Grants the victim or the victim's representative standing to assert such rights. Provides that nothing in this amendment shall: (1) provide grounds for the victim to challenge a charging decision or a conviction, to overturn a sentence or negotiated plea, to obtain a stay of trial, or to compel a new trial; and (2) give rise to a claim for damages against the United States, a State, a political subdivision, or a public official. Empowers the Congress and the States to implement and enforce this amendment within their respective jurisdictions by appropriate legislation, including by enacting exceptions when necessary to achieve a compelling interest.
United States · United States Congress · 27 March 1998
American Missile Protection Act of 1998 - States as U.S. policy to deploy as soon as technologically possible an effective National Missile Defense system capable of defending U.S. territory against limited ballistic missile attack (whether accidental, unauthorized, or deliberate).
United States · United States Congress · 26 March 1998
TABLE OF CONTENTS: Title I: Department of State Activities Title II: Commission on International Religious Persecution Title II: National Security Council Title IV: Sanctions Subtitle I: Targeted Responses to Religious Persecution Abroad Subtitle II: Strengthening Existing Law Title V: Promotion of Religious Freedom Title VI: Refugee, Asylum, and Consular Matters Title VII: Miscellaneous Provisions International Religious Freedom Act of 1998 - Declares it to be U.S. policy to: (1) condemn religious persecution, and to promote, and to assist other governments in the promotion of, the fundamental right to religious freedom; and (2) seek to channel U.S. security and development assistance to governments that are found not to be engaged in gross violations of human rights, including the right to religious freedom. Title I: Department of State Activities - Establishes within the Department of State an Office on International Religious Freedom which shall be headed by an Ambassador at Large on International Religious Freedom. (Sec. 102) Directs the Ambassador at Large to assist the Secretary of State in preparing those portions of the Human Rights Reports that relate to freedom of religion and religious discrimination, and to submit to the appropriate congressional committees, in conjunction with the Human Rights Reports, an Annual Report on Religious Persecution: (1) identifying foreign countries that engage in or tolerate acts of religious persecution; and (2) describing U.S. policies in support of religious freedom in such countries. (Sec. 103) Requires the Ambassador at Large, in order to facilitate access by nongovernmental organizations (NGOs) and the public around the world to international documents on the protection of religious freedom, to establish an Internet site containing major international documents relating to religious freedom, the Annual Report on Religious Persecution, and any other relevant documentation or references to other sites. (Sec. 104) Amends the Foreign Service Act of 1980 to direct the Secretary and the Ambassador at Large to establish as part of the standard training for Foreign Service officers, including chiefs of mission, instruction in the field of internationally-recognized human rights. (Sec. 105) Directs U.S. chiefs of mission to seek out and meet with religious NGOs, including imprisoned religious leaders where appropriate. (Sec. 106) Expresses the sense of the Congress that: (1) U.S. diplomatic missions in countries where the government engages in or tolerates religious persecution should develop, as part of annual program planning, a strategy to promote freedom of religion; and (2) in allocating funds or recommending candidates for U.S. programs and grants, U.S. missions should give particular consideration to those programs and candidates deemed to assist in the promotion of the right to religious freedom. (Sec. 107) Directs the Secretary to permit, on terms no less favorable than that accorded other nongovernmental activities, access to the premises of U.S. diplomatic missions by U.S. citizens seeking to conduct religious activities. (Sec. 108) Expresses the sense of the Congress that, in order to encourage involvement with religious persecution concerns at every possible opportunity and by all appropriate U.S. Government representatives, officials of the executive branch should promote increased advocacy with respect to the preparation of issue briefs consisting of lists of persons believed to be imprisoned for their religious faith during meetings between executive branch and congressional leaders and foreign dignitaries. Title II: Commission on International Religious Persecution - Establishes the United States Commission on International Religious Persecution. (Sec. 202) Makes the Commission's primary responsibility to: (1) consider the facts and circumstances of religious persecution presented in the Annual Report on Religious Persecution, as well as information from other appropriate sources; and (2) make appropriate policy recommendations to the President, the Secretary, and the Congress. Title III: National Security Council - Amends the National Security Act of 1947 to express the sense of the Congress that there should be within the staff of the National Security Council a Special Adviser to the President on Religious Persecution, serving as a resource for executive branch officials, compiling information on the facts and circumstances of religious persecution and violations of religious freedom, and making policy recommendations. Title IV: Sanctions - Subtitle I: Targeted Responses to Religious Persecution Abroad - Directs the President, for each foreign country in which the government engages in or tolerates religious persecution, to oppose that persecution by certain measures and promote the right to freedom of religion in that country. Prescribes a procedure for determining, before the President imposes any sanctions or commensurate actions, whether a foreign government has engaged in a consistent pattern of gross violations of the right to religious freedom. (Sec. 403) Directs the President to: (1) consult with the violating foreign government prior to imposing such sanctions; and (2) report to the Congress. (Sec. 405) Specifies among the measures and sanctions the President may take: (1) public condemnation; (2) cancellation of scientific and cultural exchanges; (3) withdrawal, limitation, or suspension of U.S. development assistance and U.S. security assistance; (4) withdrawal, limitation, or suspension of certain preferential tariff treatment; (5) instruction of U.S. executive directors of international financial institutions to vote against loans primarily benefiting the foreign government responsible for such persecution; (6) restrictions on the issuance of licenses to export any goods or technology to such foreign government; (7) prohibition against the making, guaranteeing, or insuring of loans, or extension of credit by certain U.S. financial institutions to the violating government; and (8) prohibition of U.S. Government procurement of goods or services from such government. Provides for commensurate actions in substitution for any of such measures and sanctions. Declares that any such action may not: (1) prohibit or restrict the provision of humanitarian assistance; or (2) impede any U.S. Government action to enforce the right to maintain intellectual property rights. (Sec. 407) Authorizes the President to waive the requirements of this Act if certain conditions are met. (Sec. 409) Provides for congressional review of any sanctions imposed, or the waiver of any requirements, under this Act. Subtitle II: Strengthening Existing Law - Amends the Foreign Assistance Act of 1961 and the International Financial Institutions Act to add as a factor for consideration in formulating U.S. development assistance, military assistance, and multilateral assistance programs whether the government of a foreign country has: (1) engaged in gross violations of the right to freedom of religion; or (2) failed to undertake serious and sustained efforts to combat gross violations of the right to freedom of religion, when such efforts could have been reasonably undertaken. (Sec. 423) Requires the inclusion on the list of crime control and detection instruments or equipment controlled for export or reexport under the Export Administration Act of 1979 (and so subject to mandatory licensing) items the Secretary of State has determined are being used or are intended for use directly and in significant measure to carry out gross violations of the right to freedom of religion. Declares that the prohibition on the issuance of a license for export of crime control and detection instruments or equipment under the Foreign Assistance Act of 1961 shall apply to the export or reexport of such items. Title V: Promotion of Religious Freedom - Amends the Foreign Assistance Act of 1961 to authorize the use of development assistance funds to carry out programs and activities in foreign countries which will encourage and promote the right to free religious belief and practice. (Sec. 502) Amends the International Broadcasting Act of 1994 and the Mutual Educational and Cultural Exchange Act of 1961 with respect to promoting respect for freedom of religion. (Sec. 504) Amends the Foreign Service Act of 1980 to state that service in the promotion of internationally recognized human rights, including the right to religious freedom, shall serve as a basis for the award of performance pay and Foreign Service awards to Foreign Service employees. Title VI: Refugee, Asylum, and Consular Matters - Requires the Annual Report on Religious Persecution to serve as a resource for immigration judges and consular, refugee, and asylum officers in cases involving claims of persecution on the grounds of religion. (Sec. 602) Directs the Attorney General to provide all U.S. officials adjudicating refugee cases with the same training provided to officers adjudicating asylum cases, including training on the right to religious freedom and religious persecution. Requires the Attorney General and the Secretary of State to develop and implement guidelines that address potential hostile biases in Immigration and Naturalization Service personnel hired abroad and involved with duties which could constitute an effective barrier to a refugee claim if such personnel carry a hostile bias toward the claimant on the grounds of religion, race, nationality, membership in a particular social group or political opinion. Requires the Attorney General and the Secretary of State to: (1) develop guidelines to ensure uniform procedures to the extent possible with Joint Voluntary Agencies; and (2) ensure that the Joint Voluntary Agencies process is enhanced, and faulty preparation of claims does not result in the failure of a genuine claim to refugee status. (Sec. 603) Requires the Attorney General and the Secretary of State to develop guidelines to ensure that interpreters with hostile biases, including personnel of airlines owned by governments known to be involved in practices which would meet the definition of persecution under international refugee law, shall not in any manner be used to interpret conversations between aliens and inspection or asylum officers. Requires the Attorney General to provide training to all officers adjudicating asylum cases on the right to religious freedom and the nature of religious persecution abroad, including country-specific conditions. Requires the Executive Office of Immigration Review of the Department of Justice to incorporate into its initial and ongoing training of immigration judges training on the extent and nature of religious persecution internationally, including country-specific conditions. (Sec. 604) Amends the Immigration and Nationality Act to make inadmissible for naturalization any alien (including a spouse and children) who, while serving as a foreign government official, directly engaged in gross violations of the right to religious freedom. Title VII: Miscellaneous Provisions - Expresses the sense of the Congress that transnational corporations operating in countries in which the government engages in gross violations of the right to religious freedom should adopt codes of conduct: (1) upholding the right to religious freedom of their employees; and (2) ensuring that a worker's religious views in no way affect the status or terms of his or her employment. (Sec. 702) Expresses the sense of the Congress that in negotiating the definitions of crimes to be included in the subject matter jurisdiction of the International Criminal Court, the President should pursue the inclusion of gross violations of the right to religious freedom, to the extent they fall within the meaning in international law of crimes against humanity or genocide.
United States · United States Congress · 23 March 1998
Authorizes the Secretary of Veterans Affairs to examine, and include in the Department of Veterans Affairs Ionizing Radiation Registry Program, any veteran who received nasopharyngeal radium irradiation treatments while serving on active duty. Directs the Secretary to provide hospital care and outpatient or ambulatory care, and authorizes the Secretary to provide nursing home care, to such veterans.
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.
![Official portrait of Sen. Hutchinson, Tim [R-AR]](https://www.congress.gov/img/member/h001015_200.jpg)