United States · United States Congress · 21 January 1999
Education Flexibility Partnership Act of 1999 - Authorizes the Secretary of Education to allow all States to participate in the Education Flexibility Partnership (Ed-Flex Partnership) program. (Sec. 4) Requires Ed-Flex Partnership States to: (1) have approved challenging content standards, challenging performance measures, and aligned assessments in place or have made substantial progress towards having an approved plan under title I of the Elementary and Secondary Education Act of 1965 (ESEA); (2) hold local educational agencies (LEAs) accountable for meeting the educational goals submitted in their local applications for waivers, and for taking corrective actions if they have not met such goals; and (3) waive State educational requirements while holding LEAs or schools affected by such waivers accountable for student performance. Sets forth requirements for: (1) State educational agency (SEA) applications and approval by the Secretary; and (2) local applications and approval and monitoring by SEAs. Limits Federal waivers to five years, unless the Secretary extends such period upon determining that such waiver authority has been effective in enabling such SEAs or affected LEAs or schools to carry out local reform plans. Authorizes the Secretary to carry out the Ed-Flex Partnership program for FY 2000 through 2004. Includes as statutory or regulatory requirements that may be waived under this Act those of programs under the Carl D. Perkins Vocational and Technical Education Act of 1998, and of the following programs under ESEA: (1) title I Helping Disadvantaged Children Meet High Standards; (2) part A Federal Activities under the title II Dwight D. Eisenhower Professional Development Program; (3) subpart 2 State and Local Programs for School Technology Resources (with specified exceptions), under part A Technology Education for All Students, of title III Technology for Education; (4) title IV Safe and Drug-Free Schools and Communities; (5) title VI Innovative Education Program Strategies; and (6) the part C Emergency Immigrant Education Program under title VII Bilingual Education, Language Enhancement, and Language Acquisition Programs. Prohibits waivers for specified types of requirements. Provides that this Act shall not affect the authority of any SEA under the Ed-Flex Demonstration program of the Goals 2000: Educate America Act. Sets forth accountability requirements. Requires the Secretary, in deciding whether to extend the authority of an SEA to issue waivers, to review the progress of the SEA, LEA, or school affected by the waiver or authority toward the desired results described in its application.
United States · United States Congress · 21 January 1999
Amends the Tariff Act of 1930 to include the manufacture of goods by forced or indentured child labor within the prohibition on the importation of goods manufactured by forced labor or and indentured labor.
United States · United States Congress · 21 January 1999
Amends the Internal Revenue Code to qualify for the exclusion from gross income of certain scholarships any amounts received under the National Health Service Corps Scholarship Program or the Armed Forces Health Professions Scholarship and Financial Assistance Program.
United States · United States Congress · 19 January 1999
Satellite Home Viewers Improvements Act - Amends Federal copyright law to cite circumstances under which the secondary transmission by a satellite carrier of a primary transmission of a television broadcast station into the station's local market shall be subject to statutory licensing. Requires the carrier: (1) within 90 days after commencing such secondary transmission, to submit to that station a list identifying all subscribers to which the satellite carrier currently makes such transmission; and (2) on the 15th day thereafter, to submit a subsequent list identifying any subscribers who have been added or dropped since submission of the last list. Restricts the use of the subscriber information for purposes other than monitoring compliance by the satellite carrier. Applies the submission requirements to a satellite carrier only if the station to whom the submissions are to be made places on file with the Register of Copyrights a document identifying the name and address of the person to whom such submissions are to be made. Precludes any royalty obligation for such secondary transmission. States that noncompliance with such reporting requirements by a satellite carrier into the local market of a television broadcast station of a primary transmission made by that television broadcast station is actionable as an act of infringement and fully subject to copyright remedies. Applies such infringement and copyright remedies to a satellite carrier, who provides such secondary transmission, if: (1) the content of a particular program in which the performance or display is embodied or any commercial advertising or station announcement transmitted by the primary transmitter during, or immediately before or after, the transmission of such program, is in any way willfully altered by the satellite carrier through changes, deletions, or additions, or is combined with programming from any other broadcast signal; or (2) such transmission is made to a subscriber who does not reside in that television broadcast station's local market and is not subject to statutory licensing, with exceptions. Sets forth additional remedies for willful and repeated patterns or practices of such violations. Provides that the satellite carrier shall bear the burden of proof in any action brought under this Act. Makes the statutory license created by this Act applicable to secondary transmissions to locations in the United States, and any commonwealth, territory, or possession of the United States. States that no provisions of copyright law or any other law (other than this Act and provisions relating to secondary transmissions of superstations and network stations for private home viewing) shall be construed to contain any authorization, exemption, or license through which secondary transmissions by satellite carriers of programming contained in a primary transmission made by a television broadcast station may be made without obtaining the consent of the copyright owner. (Sec. 3) Amends the Satellite Home Viewer Act of 1994 to extend until December 31, 2004, the effect of amendments to such Act relating to statutory licenses for satellite carriers. (Sec. 4) Revises the formula used to compute the rate of royalty fees to be deposited with the Register of Copyright by satellite carriers by reducing the rate for retransmission of: (1) superstation signals by 30 percent; and (2) network stations by 45 percent. Provides that for purposes of copyright arbitration royalty panels, the Public Broadcasting Service (PBS) shall be the agent for all public television copyright claimants and all PBS member stations with respect to royalty fees paid by satellite carriers for retransmitting the PBS satellite feed. (Sec. 5) Modifies the definition of "unserved household" to eliminate the 90-day waiting period for satellite subscribers to wait after termination of their cable service until they are eligible for satellite service of network signals. Defines "local network station" as a network station that is secondarily transmitted to subscribers who reside within the local market in which the network station is located. (Sec. 6) Subjects a copyrighted programming carried upon the PBS's national satellite feed to copyright statutory licensing provisions. Conditions such license, after January 1, 2001, or the date on which local transmissions of broadcast signals are offered to the public, whichever is earlier, on the PBS's annual certifications to the Copyright Office that PBS's membership supports the secondary transmission of the PBS satellite feed, and providing notice to the satellite carrier of such certification. Defines "Public Broadcasting Service satellite feed" as the national satellite feed distributed by the PBS consisting of educational and informational programming intended for private home viewing, to which the PBS holds national terrestrial broadcast rights. (Sec. 7) Subjects the copyright statutory license subject to the Federal Communications Commission's rules, regulations, and authorizations. (Sec. 8) Makes this Act and the amendments made by this Act effective on January 1, 1999, with the exception of provisions modifying the formula for computing royalty fees payable by satellite carriers effective on July 1, 1999.
United States · United States Congress · 19 January 1999
Employee Educational Assistance Act - Amends the Internal Revenue Code to: (1) permanently extend the exclusion from gross income of employer-provided educational assistance; and (2) restore the exclusion for such assistance on the graduate level.
United States · United States Congress · 19 January 1999
Clean Gasoline Act of 1999 - Amends the Clean Air Act to prohibit the manufacture, sale, supply, dispensation, transport, or introduction into commerce of motor vehicle gasoline that contains a concentration of sulfur exceeding 40 parts per million per gallon of gasoline. Provides that a person shall not be in violation of such prohibition if, during a one-year period, the person engages in such an activity with respect to gasoline that contains a sulfur concentration between 40 and 80 parts per million per gallon if the average concentration of sulfur in the gasoline during the period is less than 30 parts per million per gallon. Requires the Administrator of the Environmental Protection Agency to report to the Congress on the effects of use of low sulfur motor vehicle gasoline on urban and regional air quality. Provides for an update within two years of submission of the original report. Authorizes the Administrator to promulgate a regulation to establish maximum and average allowable sulfur concentrations in motor vehicle gasoline that are lower than concentrations specified under this Act if: (1) research conducted after this Act's enactment indicates that significant air quality benefits would result from a reduction in allowable sulfur concentration in such gasoline; or (2) advanced vehicle technologies have been developed that can significantly reduce emissions of air pollutants from motor vehicles but that require gasoline with a lower concentration of sulfur than that specified under this Act. Prescribes penalties for violations of this Act.
United States · United States Congress · 19 January 1999
Federal Judiciary Protection Act of 1999 - Amends the Federal criminal code to increase: (1) from three to eight years the maximum term of imprisonment for assaulting, resisting, or impeding a Federal law enforcement official, or member of his or her family, while engaged in his or her official duties; (2) from ten to 20 years the maximum term of imprisonment for using a deadly or dangerous weapon during the commission of any of the above acts; and (3) the maximum terms of imprisonment for threats or assaults made upon a family member of a Federal law enforcement official for purposes of influencing, impeding, or retaliating against such official in the performance of his or her duties. Provides a ten-year maximum term for mailing a threatening communication to a Federal law enforcement official, including a U.S. judge. Directs the United States Sentencing Commission to review and amend Federal sentencing guidelines and policy statements to provide an appropriate sentencing enhancement for offenses involving influencing, assaulting, resisting, impeding, retaliating against, or threatening a Federal judge, magistrate judge, or other appropriate Federal law enforcement official, taking into consideration specified factors.
United States · United States Congress · 19 January 1999
Acid Deposition and Ozone Control Act - Directs the Administrator of the Environmental Protection Agency to establish a Nitrogen Oxide Allowance Program under which the contiguous States and the District of Columbia will be allocated allowances, beginning in the year 2002, to emit limited monthly amounts of nitrogen oxides. Allocates such allowances in proportion to a State's share of total electric power generated in the contiguous States. Sets forth requirements for the intrastate distribution of allowances among affected facilities (facilities with combustion units that serve an electricity generator with a minimum capacity of 25 megawatts) by a State or the Administrator. Requires the Administrator to promulgate regulations: (1) authorizing allowances to be transferred among affected facilities or persons; and (2) for issuing and tracking the use and transfer of allowances. Permits unused allowances to be carried forward for subsequent years. Requires the Administrator, for States for which the Administrator distributes allowances, to place ten percent of the total allowances in a new source reserve. Provides for the auctioning and sale of undistributed allowances in such reserve during 2000 through 2005. Distributes auction proceeds to affected sources in proportion to the number of allowances that would have been received but for the auction. Authorizes the Administrator to terminate or limit allowances. Makes it unlawful, after January 1, 2000, for: (1) the owner or operator of an affected facility to emit nitrogen oxides exceeding the amount permitted by allowances held by such facility; or (2) any person to hold, use, or transfer such allowances, except as provided under this Act. Repeals the nitrogen oxides emission reduction program under the Clean Air Act. Bars the use of an allowance before the calendar year for which the allowance is allocated. (Sec. 5) Amends the Clean Air Act to require owners or operators of industrial facilities with a minimum capacity of 100 million British thermal units (mmBtus) per hour to install and operate continuous emission monitoring systems on affected units and quality assure data for sulfur dioxide, nitrogen oxides, opacity, and volumetric flow. (Sec. 6) Imposes penalties for emissions in excess of allowances. Requires offsets of allowances in the calendar year following the one in which excess emissions occurred. (Sec. 7) Decreases the amount of sulfur dioxide authorized to be emitted under an existing allowance program for 2005 and subsequent years. (Sec. 8) Requires the Administrator to report to the Congress on objectives for scientifically credible environmental indicators, including acid neutralizing capacity, sufficient to protect sensitive ecosystems of the Adirondack, Mid-Appalachian, Rocky, and Blue Ridge Mountains and the Great Lakes, Lake Champlain, Long Island Sound, and the Chesapeake Bay. Directs the Administrator, by December 31, 2008, to determine whether emissions reductions under this Act are sufficient to achieve such objectives and, if not, to promulgate regulations necessary to protect such ecosystems. (Sec. 10) Requires the Administrator to study and report to the Congress on the practicality of monitoring mercury emissions from all combustion units with a minimum capacity of 250 mmBtus per hour. Provides for regulations to: (1) require reporting of mercury emissions from such units; and (2) control electric utility and industrial source mercury emissions. (Sec. 11) Directs the Administrator to establish a competitive grant program to fund research related to the effects of nitrogen deposition on sensitive watersheds and coastal estuaries in the eastern United States. Requires the Administrator to report to specified congressional committees on the health and chemistry of certain Adirondack lakes and streams that were subjects of a specified report required under the Clean Air Act Amendments of 1990. Authorizes appropriations.
United States · United States Congress · 19 January 1999
Neotropical Migratory Bird Conservation Act - Requires the Secretary of the Interior to establish a program to provide financial assistance for projects to promote the conservation of neotropical migratory birds. Authorizes project proposals to be submitted by the following entities: (1) individuals or other private entities; (2) Federal, State, or local government entities or foreign government entities; (3) other entities subject to U.S. or foreign jurisdiction; and (4) international organizations. Limits the Federal share of project costs to 33 percent. Authorizes the Secretary to convene an advisory group of individuals representing organizations involved in neotropical migratory bird conservation to assist in carrying out this Act. Establishes in the Multinational Species Conservation Fund of the Treasury a Neotropical Migratory Bird Conservation Account. Authorizes appropriations to the Account for FY 2000 through 2003 to carry out this Act.
United States · United States Congress · 19 January 1999
Educational Opportunities Act - Extends through FY 2004 the authorization of appropriations for, and the duration of, each program and activity under the Elementary and Secondary Education Act of 1965.
United States · United States Congress · 19 January 1999
Poverty Data Correction Act of 1999 - Requires any data relating to the incidence of poverty produced or published by or for the Secretary of Commerce for subnational areas to be corrected for differences in the cost of living and data produced for State and sub-State areas to be corrected for differences in the cost of living for at least all States of the United States. Requires such corrected data to be published in 1999 and biennially thereafter. Requires the Secretary to: (1) develop or cause to be developed a State cost-of-living index which ranks and assigns an index value to each State using data on wage, housing, and other costs relevant to the cost of living; and (2) multiply the Federal Government's statistical poverty thresholds by the index value for each State's cost of living to produce State poverty thresholds for each State. Requires the State cost-of-living index and resulting State poverty thresholds to be published before September 30, 2000, for calendar year 1999 and to be updated annually thereafter.
United States · United States Congress · 19 January 1999
Education Grant Formula Adjustment Act of 1999 - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education, in using poverty data produced by or for the Secretary of Commerce for subnational, State, or substate areas, to adjust such data to account for differences in area costs of living.
United States · United States Congress · 19 January 1999
Health Insurance Tax Equity for Self-Employed Act - Amends the Internal Revenue Code to increase the deduction allowed for health insurance costs for self-employed individuals to 100 percent.
United States · United States Congress · 19 January 1999
Northern Border States Council Act - Establishes the Northern Border States-Canada Trade Council. Sets forth the duties of the Council, including: (1) advising the President, the Congress, the United States Trade Representative, the Secretary of Commerce, and other appropriate Federal and State officials with respect to the administration of U.S.-Canada trade policies, taxation of trade in goods and services, and customs and immigration matters; (2) monitoring trade issues and disputes that involve one of the Council-member States and either the Canadian Government or one of Canada's provinces; and (3) making recommendations with respect to such disputes. Authorizes appropriations.
United States · United States Congress · 19 January 1999
Advancing Truth and Accountability in Campaign Communications Act - Amends the Federal Election Campaign Act of 1971 to require the filing of a report with the Commissioner of the Federal Election Commission within 24 hours of each "disclosure date." Defines such date as each date during a calendar year on which disbursements for electioneering communications exceed an aggregate of $10,000. Defines "electioneering communications" as certain communications broadcast from either a television or radio station that refer to a clearly identified candidate for Federal office. Provides that if any person makes, or contracts to make, any payment for any electioneering communication and such payment is coordinated with a candidate for Federal office or an authorized committee of such candidate, a Federal, State, or local political party or committee thereof, or an agent or official of any such candidate, party, or committee, such payment or contracting shall be treated as a contribution to such candidate and as an expenditure by such candidate. Prohibits, in general, corporate and labor disbursements for applicable electioneering communications.
United States · United States Congress · 19 January 1999
Considers hepatitis C becoming manifest in a veteran to a degree of ten percent or more to be service-connected, and therefore compensable under veterans' disability provisions, notwithstanding that there is no record of evidence of such illness during the period of such service, as long as it is shown that during such service the veteran experienced: (1) a blood transfusion before December 31, 1992; (2) blood exposure on or through skin or mucous membrane; (3) hemodialysis; (4) a tattoo, body piercing, or acupuncture; (5) unexplained liver disease; (6) an unexplained liver dysfunction value or test; or (7) working in a health-care position or specialty.
United States · United States Congress · 19 January 1999
TABLE OF CONTENTS: Title I: Strengthening Law Enforcement to Reduce Violence Against Women Title II: Strengthening Services to Victims of Violence Title III: Limiting the Effects of Violence on Children Title IV : Strengthening Education and Training to Combat Violence Against Women Title V: Extension of Violent Crime Reduction Trust Fund Violence Against Women Act II - Title I: Strengthening Law Enforcement to Reduce Violence Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to eligible States, Indian tribal governments, or local governmental units to provide technical assistance and computer and other equipment to police departments, prosecutors, courts, and tribal jurisdictions to facilitate the widespread, including interstate, enforcement of protection orders. Instructs the Attorney General to give priority to grant applicants that: (1) have established cooperative agreements with neighboring jurisdictions to facilitate the enforcement of protection orders from other jurisdictions; and (2) will give priority to using the grant to develop and install data collection and communication systems linking police, prosecutors, courts, and tribal jurisdictions in order to identify and track protection orders and violations of such orders. Directs the Attorney General to compile and disseminate information about successful data collection and communication systems. Amends Federal criminal code provisions governing full faith and credit given to protection orders to provide that: (1) a State or Indian tribe shall not notify the party against whom a protection order has been made that the protection order has been registered or filed in the State or tribal jurisdiction unless requested to do so by the party protected under that order; and (2) nothing in this title may be construed to require prior filing or registration of such orders in the enforcing State as a prerequisite to enforcement by such State. Directs that a protection order that is otherwise consistent with this title shall be accorded full faith and credit and enforced notwithstanding the failure to provide notice to the party against whom the order is made of its registration or filing in the enforcing State or Indian tribe. (Sec. 102) Amends such Act to designate State, local, and Indian tribal courts as eligible grantees in the program to combat violent crimes against women. Revises allocation percentages for police and prosecutors, victim services, and State and local courts (not less than 25 percent, 30 percent, and ten percent, respectively). Amends the Equal Justice for Women in the Courts Act to expand training that may be provided under domestic violence training grants to include training with respect to issues concerning individuals with disabilities. Authorizes appropriations from the Violent Crime Reduction Trust Fund through FY 2002. Includes State, local, and tribal courts among the grantees eligible for Federal grants to encourage arrest policies. Earmarks a minimum of five percent of the total amount available for grants each fiscal year for grants to Indian tribal governments. (Sec. 103) Reauthorizes appropriations through FY 2002 for grants to combat violent crimes against women. Directs the Attorney General to make grants to State domestic violence and sexual assault coalitions for coordinating State victim services activities and for coordinating with Federal, State, and local entities engaged in violence against women activities. (Sec. 104) Instructs the Attorney General to transfer flunitrazepam (the "date-rape" drug) from schedule IV of the Controlled Substances Act to schedule I (the strictest level of Federal drug penalty and control). (Sec. 105) Reauthorizes appropriations through FY 2002 for grants to encourage arrest policies. (Sec. 106) Amends the Federal criminal code to provide that any person who, while employed by or accompanying the armed forces outside of the United States, engages in conduct that would constitute a domestic violence or sexual assault offense if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, shall be subject to prosecution in a U.S. district court. Sets forth provisions regarding concurrent jurisdiction and priority of exercise of jurisdiction. Authorizes the Secretary of Defense to designate and authorize any individual serving in a law enforcement position in the Department of Defense to arrest such a person outside of the United States if there is probable cause to believe that such person committed such an offense. Provides for the release of such arrested persons to civilian law enforcement authorities in specified circumstances. Provides for delivery of such persons to the appropriate authorities of a foreign country if: (1) delivery is requested for trial for such conduct as an offense under the laws of that country; and (2) delivery is authorized by a treaty or other international agreement to which the United States is a party. Requires the Secretary of the military department concerned to transmit to the Director of the Federal Bureau of Investigation a copy of records of any penal actions taken, including certain nonjudicial punishments imposed, against a member of the armed forces who is discharged, dismissed, or released from active duty. (Sec. 107) Prohibits and sets penalties for willfully causing bodily injury to any person or attempting, through the use of fire, a firearm, or an explosive device, to cause bodily injury to any person, whether or not acting under color of law, because of: (1) the actual or perceived race, color, religion, or national origin of any person; or (2) the actual or perceived religion, gender, sexual orientation, or disability of any person if, in connection with the offense, the defendant or the victim travels in interstate or foreign commerce, uses a facility or instrumentality of interstate or foreign commerce, or engages in any activity affecting interstate or foreign commerce, or the offense is in or affects such commerce. Authorizes appropriations to the Departments of the Treasury and of Justice through FY 2002 to increase the number of personnel to prevent and respond to such alleged violations. Directs the United States Sentencing Commission to study and, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements for adult defendants who recruit juveniles to assist in the commission of hate crimes. Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice to make grants to State and local programs designed to combat hate crimes committed by juveniles. Authorizes appropriations. (Sec. 108) Amends the Violence Against Women Act of 1994 to reauthorize through FY 2002: (1) rural domestic violence and child abuse enforcement grants (and allots not less than five percent of the total made available for each fiscal year for grants to Indian tribal governments); and (2) national stalker and domestic violence reduction grants. (Sec. 110) Modifies Federal criminal code provisions regarding interstate domestic violence, interstate stalking, and interstate violation of a protective order to cover situations where persons travel in interstate or foreign commerce or to or from Indian country. Deems a tribal court, for purposes of full faith and credit provisions, to have jurisdiction over any activity occurring in Indian country. Title II: Strengthening Services to Victims of Violence - Authorizes the Attorney General to make grants to private and nonprofit entities, publicly funded organizations not acting in a governmental capacity, and Indian tribal governments and affiliated organizations, to: (1) implement, expand, and establish cooperative efforts and projects between domestic violence and sexual assault victim advocacy organizations and civil legal assistance providers to strengthen a broad range of civil legal assistance for victims of domestic violence, stalking, and sexual assault; (2) implement, expand, and establish efforts and projects to strengthen a broad range of civil legal assistance for victims of domestic violence, stalking, and sexual assault by organizations with a demonstrated history of providing direct legal or advocacy services on behalf of these victims; and (3) provide training, technical assistance, and data collection to improve the capacity of grantees and other entities to offer civil legal assistance to victims of domestic violence, stalking, and sexual assault. Authorizes the Attorney General to: (1) make a grant to establish, operate, and maintain a national computer database of programs that provide civil legal assistance to victims of domestic violence, stalking, and sexual assault; and (2) evaluate the grants funded under this title through contracts or other arrangements with entities expert on domestic violence, stalking, and sexual assault and on evaluation research. Authorizes appropriations from the Violent Crime Reduction Trust Fund to carry out this title through FY 2002, with at least five percent of available amounts in each fiscal year used for grants for programs that assist victims of domestic violence, stalking, and sexual assault on lands within the jurisdiction of an Indian tribe. (Sec. 202) Amends the Family Violence Prevention and Services Act with respect to State demonstration grants for programs and projects to prevent family violence and provide immediate shelter and related assistance to victims. Requires grant applicants to provide documentation, including memoranda of understanding, of the specific involvement of the State domestic violence coalition and other knowledgeable individuals and interested organizations, in the development of the application. Earmarks funds to provide emergency assistance directly to victims of family violence, or their dependents, who are in the process of fleeing an abusive situation. Changes from a formula amount to $500,000 the minimum allotment to each State for such grants. Requires the Secretary of Health and Human Services to make grants to Indian tribes and organizations from any sums not distributed to them. Authorizes the Secretary to award grants to private nonprofit organizations for information, training, and technical assistance initiatives in specified subject areas. Authorizes appropriations under such Act through FY 2002. Revises the formula for the allocation of appropriations for grants for State coalitions. Directs the Secretary to conduct a nationwide needs assessment relating to family violence prevention and services programs. Authorizes the Secretary to award grants to up to ten State domestic violence coalitions, and up to ten local entities that carry out domestic violence programs providing shelter or related assistance, to develop and implement model community intervention strategies to address family violence in underserved populations. Prescribes formulae for the redistribution of funds available due to certain limitations. (Sec. 203) Prohibits any insurer from, directly or indirectly, taking any adverse action against: (1) an innocent insured; or (2) an applicant or insured on the basis that the applicant or insured, or any person employed by the applicant or insured or with whom the applicant or insured is known to have a relationship or association is, has been, or may be the subject of abuse. Defines an innocent insured as a subject of abuse insured under the same policy as the abuser, but who is not (in light of all the facts and circumstances) the cause of any claim incurred or that may incur. Requires any insurer taking an adverse action against a known subject of abuse to advise the applicant or insured in writing of the specific reasons for the action. Empowers the Federal Trade Commission (FTC) to enforce such prohibitions and policy. Provides for a private action against an insurer by an applicant or insured affected by a violation of this Act. (Sec. 204) Amends the Family Violence Prevention and Services Act to extend through FY 2002 the authorization of appropriations for the national domestic violence hotline. (Sec. 205) Amends the Violent Crime Control and Law Enforcement Act of 1994 to extend through FY 2002 and increase the authorization of appropriations for Federal victims' counselors. (Sec. 206) Amends the Family and Medical Leave Act of 1993 to entitle employees to leave to: (1) address domestic violence and its effects; or (2) care for a child or parent of the employee who is addressing domestic violence and its effects. Authorizes an employer to require an employee to provide documentation or other corroborating evidence. Amends Federal civil service law to entitle Federal employees to take such leave, subject to the same requirements. (Sec. 207) Amends the Internal Revenue Code to authorize unemployment compensation where an individual is separated from employment due to circumstances directly resulting from the individual's experience of domestic violence. Amends the Social Security Act to require State laws to provide for methods of administration that will ensure that claims reviewers and hearing personnel are adequately trained in the nature and dynamics of claims for unemployment compensation based on domestic violence, including methods of ascertaining and keeping information confidential. (Sec. 208) Amends the Immigration and Nationality Act, the Omnibus Crime Control and Safe Streets Act of 1968, and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 with respect to aliens who have been battered or subjected to extreme cruelty to provide for waiver of certain immigration requirements. (Sec. 209) Amends the Violence Against Women Act of 1994 to add a new Subtitle H (Elder Abuse, Neglect, and Exploitation, Including Domestic Violence and Sexual Assault Against Older Individuals). Directs the Attorney General to: (1) make grants to law school clinical programs for the purposes of funding the inclusion of cases addressing issues of elder abuse, neglect, and exploitation, including domestic violence, and sexual assault, against older individuals; and (2) develop curricula and offer, or provide for the offering of, training programs to assist law enforcement officers and prosecutors in recognizing, addressing, investigating, and prosecuting instances of such abuse, neglect, and exploitation. Authorizes appropriations. Amends the Family Violence Prevention and Services Act and the Older Americans Act of 1965 with respect to programs addressing such issues, including related training for health professionals. Amends the Older Americans Act of 1965 to authorize appropriations for programs and activities for the prevention of elder abuse, neglect, and exploitation. Requires the Secretary to make grants to: (1) support projects in local communities to coordinate activities concerning intervention in and prevention of elder abuse, neglect, and exploitation, including domestic violence, and sexual assault, against older individuals; and (2) develop and implement outreach programs directed toward assisting older individuals who are victims of elder abuse, neglect, and exploitation, including those in senior housing complexes and senior centers. Authorizes appropriations. Amends the Public Health Service Act (as amended by the Health Professions Education Partnerships Act of 1998) to require the Secretary to give preference in the award of certain grants and contracts to any health professions educational entity that requires, as a condition of receiving a degree or certificate, that each student have had significant training in the identification and referral of victims of elder abuse and neglect. Title III: Limiting the Effects of Violence on Children - Authorizes the Attorney General to make grants to States and Indian tribal governments to enable them to enter into contracts and cooperative agreements to assist public or private nonprofit entities in establishing and operating supervised visitation centers for purposes of facilitating supervised visitation and visitation exchange of children by and between parents. Requires that priority be given to States that consider domestic violence in making a custody decision and require findings on the record. (Sec. 302) Directs the Attorney General to study and report to Congress on Federal and State laws relating to child custody, including the Parental Kidnaping Prevention Act of 1980, and their effect on child custody cases in which domestic violence is a factor. Requires such study to examine the sufficiency of defenses to parental abduction charges available in cases involving domestic violence, and the burdens and risks encountered by victims of domestic violence arising from compliance with the full faith and credit (and judicial jurisdiction) requirements of that Act. Authorizes appropriations. (Sec. 303) Amends the Runaway and Homeless Youth Act to authorize appropriations for grants through FY 2002. Directs the Secretary to compile annually and disseminate, especially to community-based programs (including domestic violence and sexual assault programs), specified information about the use of amounts expended and the projects funded under such Act. (Sec. 304) Amends the Victims of Child Abuse Act of 1990 to authorize appropriations through FY 2002 for: (1) the court-appointed special advocate program; (2) child abuse training programs for judicial personnel and practitioners; and (3) grants for televised testimony. Directs the Attorney General to compile annually and disseminate, especially to community-based programs (including domestic violence and sexual assault programs), specified information about the use of amounts expended and the projects funded under such Act. Title IV: Strengthening Education and Training to Combat Violence Against Women - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, in awarding grants or contracts for health professions and nurse education, to give preference to a relevant health professions entity that requires, as a condition of receiving a degree or certificate, that a student has had significant training in the identification, examination, treatment, and referral of victims of domestic violence. (Sec. 401) Defines relevant health professions entity as a school of medicine, a school of osteopathic medicine, a graduate program in mental health practice, a school of nursing, a program for the training of physician assistants, or a program for the training of allied health professionals. (Sec. 402) Authorizes the Attorney General to make grants for the development and dissemination of model programs to provide education and training in appropriate and effective responses to victims of domestic violence and victims of sexual assault (including, as appropriate, the effects of domestic violence on children) to individuals (other than law enforcement officers and prosecutors) who are likely to come into contact with such victims during the course of their employment. Limits such grants to public and private nonprofit entities that have: (1) nationally recognized expertise in the areas of domestic violence and sexual assault; and (2) a record of commitment and quality responses to reduce domestic violence and sexual assault. Authorizes appropriations. (Sec. 403) Requires States to use certain transferred funds for rape prevention and education programs conducted by rape crisis centers, State sexual assault coalitions, and other public and private nonprofit entities for: (1) educational seminars; (2) hotlines; (3) training programs for professionals; (4) the preparation of informational material; (5) education and training programs for students and campus personnel designed to reduce the incidence of sexual assault at colleges and universities; and (6) other efforts to increase awareness of, or to help prevent, sexual assault, including efforts to increase awareness in underserved communities and awareness among individuals with disabilities. Requires at least 25 percent of grant funds are used for educational programs targeted for middle school, junior high, and high school students. Directs the Secretary, through the National Center for Injury Prevention and Control at the Centers for Disease Control and Prevention, to establish a National Resource Center on Sexual Assault (with a central resource library) to provide resource information, policy, training, and technical assistance to Federal, State, and Indian tribal agencies, as well as to State sexual assault coalitions and local sexual assault programs and to other professionals and interested parties on issues relating to sexual assault. Authorizes appropriations. (Sec. 404) Directs the Secretary to provide grants to individuals or organizations to carry out educational programs for elementary schools, middle schools, secondary schools, or institutions of higher education with respect to information regarding, and prevention of, domestic violence and violence among intimate partners. Authorizes appropriations. (Sec. 405) Directs the Attorney General to make grants to States and nongovernmental private entities to provide education and technical assistance for the purpose of providing training, consultation, and information on violence, abuse, and sexual assault against women who are individuals with disabilities. Authorizes appropriations for such grants through FY 2002. (Sec. 406) Amends the Family Violence Prevention and Services Act to make grants to groups that provide services to or advocate on behalf of individuals with disabilities eligible for demonstration grants for community initiatives. Authorizes appropriations for such grants through FY 2002. (Sec. 407) Directs the Attorney General to establish a multidisciplinary, multiagency national commission to: (1) evaluate standards of training and practice for licensed health care professionals performing sexual assault forensic examinations, and develop a national recommended training standard; (2) recommend minimum sexual assault forensic examination training for all health care students; (3) review national, State, and local protocols on sexual assault for forensic examinations, and develop a recommended national protocol and a mechanism for nationwide dissemination; and (4) study and evaluate State procedures for payment of forensic examinations for victims of sexual assault, and establish a recommended Federal protocol for such payment. Authorizes appropriations. (Sec. 408) Authorizes the Attorney General to make a grant to a private, nonprofit entity meeting certain requirements to establish a national clearinghouse and resource center to provide information and assistance to employers and labor organizations on appropriate workplace responses to domestic violence and sexual assault. Authorizes appropriations. (Sec. 409) Amends the Violence Against Women Act of 1994 to direct the Secretary to make grants to entities, including domestic violence and sexual assault organizations, research organizations, and academic institutions, to: (1) support specified research and evaluation of education, prevention, and intervention programs on violent behavior against women; and (2) address gaps in research and knowledge about violence against women, including violence against women in underserved communities. Directs the U.S. Sentencing Commission to report to Congress on: (1) Federal and State sentences for homicides or assaults in which the victim was a spouse, former spouse, or intimate partner of the offender; (2) the effect of illicit drugs and alcohol on domestic violence and the sentences imposed for offenses involving them in which domestic violence occurred; (3) the extent to which acts of domestic violence committed against the offender, including coercion, may have contributed to the commission of an offense; (4) an analysis delineated by race, gender, type of offense, and any other categories that would be useful for understanding the problem of domestic violence; and (5) recommendations with respect to all such offenses, including any basis for a downward adjustment in any applicable Federal sentencing guidelines determination. Directs the Secretary to make grants to nonprofit entities, including sexual assault organizations, research organizations, and academic institutions, in order to gather qualitative and quantitative data on the experiences of minors and adults who become pregnant as a result of sexual assault within State health care, judicial, and social services systems. Requires the Attorney General to study and report to Congress on the status of the law with respect to rape and sexual assault offenses and the effectiveness of the implementation of laws in addressing such crimes and protecting their victims. Authorizes appropriations. Title V: Extension of Violent Crime Reduction Trust Fund - Amends the Violent Crime Control and Law Enforcement Act of 1994 to authorize appropriations to the Violent Crime Reduction Trust Fund through FY 2002. Reduces discretionary spending limits for FY 2001 and 2002 in the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) by specified offsetting amounts.
United States · United States Congress · 19 January 1999
Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, to repeal a specified restriction on Medicare payment for certain hospital discharges to post-acute care.
United States · United States Congress · 19 January 1999
Telephone Services Fraud Prevention and Enforcement Act of 1999 - Amends the Communications Act of 1934 (the Act) to require a telecommunications carrier or reseller, in order to verify a subscriber's selection of a telephone exchange (local) or toll (long-distance) service provider, to require such subscriber to: (1) affirm that the subscriber is authorized to effect such selection; (2) acknowledge the type of service to be changed; (3) affirm the subscriber's intent to select such provider; (4) acknowledge that such selection will result in a change of service provider; and (5) provide other information as considered appropriate by the Federal Communications Commission (FCC) for the subscriber's protection. Requires the appropriate carrier or reseller to notify the subscriber, in writing, not more than 15 days after such a change has been processed. Provides carrier or reseller penalties for unauthorized subscriber changes, including disqualification from the provision of such services (with reinstatement under certain conditions). Requires local exchange carriers to submit to the FCC quarterly reports on the number of complaints of unauthorized changes submitted by its subscribers. Directs the FCC to use such information to identify carriers or resellers that engage in a pattern and practice of unauthorized changes. Provides criminal penalties against such carriers or resellers. (Sec. 3) Prohibits any person from causing a charge to be included on a subscriber's bill for exchange or toll service unless such charge has been specifically and knowingly authorized by the subscriber or is otherwise authorized or required by law. Requires billing agents to include on such bills certain information identifying and explaining such charges. Prohibits the disruption of telephone service based on a charge dispute. Requires a toll-free number for the resolution of disputed charges. Provides civil penalties for violations of such requirements. Requires local exchange carriers to submit to the FCC quarterly reports on the number of complaints of unauthorized bill charges. Directs the FCC to use such information to identify providers that engage in a pattern and practice of unauthorized charges. (Sec. 4) Authorizes the FCC to assess and recover any required penalty, fine, or forfeiture and to impose any other sanction required against an entity that is not a telecommunications carrier for a violation of any provisions of the Act to the extent that such entity provides billing services or other services for charges which appear on subscriber bills. (Sec. 5) Empowers the Federal Trade Commission (FTC) to prevent telecommunications carriers from using unfair or deceptive acts or practices in or affecting commerce. (Sec. 6) Directs the FCC to provide monthly to the FTC information collected by the FCC as a result of complaints regarding telephone services fraud, to be incorporated into such Commission's Consumer Sentinel online database. (Sec. 7) Directs the FCC to study and report to Congress on the feasibility and advisability of requiring telephone service billing agents to establish and provide consumer billing controls which permit subscribers to prevent the inclusion of unauthorized charges on telephone bills.
United States · United States Congress · 19 January 1999
Bipartisan Campaign Reform Act of 1999 - Title I: Reduction of Special Interest Influence - Amends the Federal Election Campaign Act of 1971 (FECA) with respect to "soft money" to, among other changes: (1) prohibit a national committee of a political party (including specified related entities) from soliciting or receiving contributions or making expenditures not subject to FECA; (2) require a State, district, or local committee of a political party to make Federal election year expenditures (with exceptions) for specified Federal election activities from funds subject to FECA; (3) prohibit a national, State, district, or local committee from soliciting or donating funds to a tax-exempt organization; and (4) prohibit an incumbent or candidate for Federal office from soliciting or receiving funds not subject to FECA, including funds for any Federal election activity. (Sec. 102) Establishes an individual annual limit of $10,000 for State committee contributions. Increases the aggregate individual contribution limit to $10,000. (Sec. 103) Requires national and State committees to report all receipts and disbursements. Repeals the building fund exception to the definition of contribution. Title II: Independent and Coordinated Expenditures - Subtitle A: Electioneering Communications - Amends FECA to: (1) require every person who makes a disbursement for broadcast electioneering communications, as defined, in an aggregate amount in excess of $10,000 per year to file, with the Federal Election Commission (FEC), a statement containing specified outlined information; (2) treat payment for any broadcast electioneering communication that is coordinated with a candidate or an authorized committee of such candidate, a Federal, State, or local political party or committee thereof, as a contribution to such candidate and as an expenditure by such candidate; and (3) set forth special operating rules prohibiting corporate and labor disbursements for electioneering communications. Subtitle B: Independent and Coordinated Expenditures - Amends FECA: (1) to define the term "independent expenditure" as an expenditure by a person expressly advocating the election or defeat of a clearly identified candidate and that is not provided in coordination with a candidate; (2) regarding independent expenditure reporting requirements; (3) to revise the penalty for knowing and willful violations Act involving statements by other than political committees, prohibiting conciliation agreements and authorizing a civil action for relief in such situations; (4) to prohibit a party making both independent and coordinated expenditures with respect to a candidate during the same election cycle; (5) to define the term "coordinated activity" to mean anything of value provided by a person in coordination with a candidate for the purpose of influencing a Federal election in which such candidate seeks nomination or election to Federal office (with specific listed examples); and (6) to consider such a coordinated activity to be a contribution to the candidate, and in the case of a limitation on expenditures, treats such activity as an expenditure by the candidate. Title III: Disclosure - Amends FECA with regard to the use of computers and fax machines in filing FEC reports to require filing in an electronic form accessible by computers if there are, or there is a reason to expect to have, aggregate contributions or expenditures in excess of a FEC- determined threshold amount. Directs the FEC to make such a report publicly accessible on the Internet within 24 hours of its receipt. Requires designations, statements, and reports filed by Senate candidates to be filed directly with the FEC. (Sec. 302) Prohibits the treasurer of a candidate's authorized committee from depositing, except in an escrow account, or otherwise negotiating a contribution from a person who makes an aggregate amount of contributions in excess of $200 during a calendar year unless the treasurer verifies specified contributor information. (Sec. 303) Amends audit provisions, authorizing FEC random audits and investigations to ensure voluntary FECA compliance. (Sec. 304) Modifies reporting requirements for contributions of $50 or more. (Sec. 305) Requires the name of each authorized committee to include the name of the candidate who authorized the committee and prohibits a political committee that is not an authorized committee (except in the case of a national, State, or local party committee) from using the name of any candidate in any activity on behalf of the committee in such a context as to suggest that the committee is an authorized committee of the candidate or that the use of the candidate's name has been authorized by the candidate. (Sec. 306) Prohibits any person from soliciting contributions by falsely representing himself or herself as a candidate or as a representative of a candidate, a political committee, or a political party. (Sec. 307) Sets forth provisions governing soft money disbursements of persons other than political parties. Defines the term "generic campaign activity" as an activity that promotes a political party and does not promote a candidate or non- Federal candidate. (Sec. 308) Revises campaign advertising provisions, establishing specified requirements for printed communications, and adding additional provisions governing broadcast and cablecast communications. Title IV: Personal Wealth Option - Amends FECA to establish a voluntary personal funds expenditure limit for eligible Senate candidates in primary and general elections, provided the candidate files with FEC a declaration that the candidate and the candidate's authorized committees will not exceed such limit. Sets the voluntary personal funds expenditure limit at $50,000. Gives the FEC authority to certify such a declaration. (Sec. 402) Exempts such certified candidates from specified FECA requirements. Title V: Miscellaneous - Amends the National Labor Relations Act to declare it to be an unfair labor practice for a labor organization to receive payments from an employee pursuant to an agreement requiring such non-member employee to make payments in lieu of organization dues or fees without establishing a specified objection procedure under which the non-member's fees are reduced by the percent that would be used to support political activities (thus codifying the U.S. Supreme Court decision in Communications Workers of America et al. v. Beck et al). (Sec. 502) Amends FECA to revise provisions on permitted and prohibited uses of contributed amounts by candidates and incumbents for certain purposes. Specifies prohibited kinds of conversion of such funds to personal use. (Sec. 503) Revises Federal law concerning permitted time frames for mailing franked mail to prohibit any mass mailing as franked mail during a year in which there will be an election for the seat held by the Member of Congress during the period between January 1 of that year and the date of the general election for that Office, unless the Member has made a public announcement that the Member will not be a candidate for reelection to that year or for election to any other Federal office. (Sec. 504) Amends the Federal criminal code to revise the prohibition against fundraising on Federal property. Prohibits an officer or employee of the Federal Government, including the President, Vice President, and Members, from soliciting a donation of money or other thing of value in connection with a Federal, State, or local election from any person while in any room or building occupied in the discharge of official duties by a Federal officer or employee. Imposes on violators a monetary penalty, imprisonment, or both. Excepts from the prohibition contributions received by the staff of the Executive Office of the President. (Sec. 505) Amends FECA to double the penalties for knowing and willful violations of FECA, the Presidential Election Campaign Fund Act (PECFA), and the Presidential Primary Matching Payment Account Act (such Acts). Permits conciliation agreements to correct or prevent such violations to include equitable remedies or penalties, including disgorgement of funds to the Treasury, or community service requirements (including requirements to participate in public education programs). Sets forth requirements for late filing of FECA reports, including requiring establishment of mandatory monetary penalties. (Sec. 506) Revises the ban on contributions by foreign nationals to, among other things, include a prohibition on donations by foreign nationals. (Sec. 507) Prohibits minors (age 17 or younger) from making contributions to candidates or contributions or donations to committees of political parties. (Sec. 508) Permits FEC to: (1) order expedited proceedings for certain complaints; and (2) refer, at any time, to the Attorney General possible violations of such Acts. (Sec. 509) Modifies the basis for mandatory FEC initiation of enforcement proceedings upon receipt of a complaint alleging a violation of such Acts by replacing "has reason to believe" a violation has been or is about to be committed with "has reason to investigate whether" such a violation has been or is about to be committed. Title VI: Severability; Constitutionality; Effective Date; Regulations - Sets forth provisions regarding severability, review of constitutional issues, effective date, and FEC regulations.
United States · United States Congress · 10 October 1998
TABLE OF CONTENTS: Title I: Extension of Expiring Provisions Subtitle A: Tax Provisions Subtitle B: Trade Provisions Title II: Other Tax Provisions Title III: Revenue Offset Title IV: Technical Corrections Tax Extension Act of 1998 - Title I: Extension of Expiring Provisions - Subtitle A: Tax Provisions - Amends the Internal Revenue Code (IRC) to temporarily extend provisions concerning the: (1) research credit; (2) work opportunity credit; (3) welfare-to-work credit; (4) contribution of stock to private foundations; (5) subpart F exemption for active financing income; (6) credit for producing fuel from a nonconventional source; and (7) disclosure of return information on income contingent student loans. Subtitle B: Trade Provisions - Amends the Trade Act of 1974 to extend the Generalized System of Preferences through December 31, 1999. Amends the Trade Act of 1974 to authorize appropriations for trade adjustment assistance (TAA) for workers, firms, and the training of workers adversely affected by import competition under the North American Free Trade Agreement transitional adjustment assistance program. Terminates the TAA programs July 1, 1999. Title II: Other Tax Provisions - Provides, starting January 1, 2002, for the deduction of 100 percent of the health insurance costs of self-employed individuals. Amends the Agricultural Market Transition Act to disregard specified payment options provided by the Emergency Farm Financial Relief Act. Permanently extends income averaging for farmers. Allows, for taxable year 1998, nonrefundable personal credits to fully offset regular tax liability. Title III: Revenue Offset - Amends provisions concerning liquidation of corporate subsidiaries to provide that if a corporation receives a distribution from a regulated investment company or a real estate investment trust which is considered as being in complete liquidation of such company or trust, then, notwithstanding other specified IRC provisions, such corporation shall recognize and treat as a dividend from such company or trust an amount equal to the deduction for dividends paid allowable to such company or trust by reason of such distribution. Title IV: Technical Corrections - Revises provisions of the IRC, the Internal Revenue Service Restructuring and Reform Act of 1998, the Taxpayer Relief Act of 1997, the Tax Reform Act of 1984, the Transportation Equity Act for the 21st Century, and title II (Old Age, Survivors and Disability Insurance) of the Social Security Act.
United States · United States Congress · 9 October 1998
Medicare Home Health Fair Payment Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act, with respect to the computation formula of the interim system of limited payments for services provided by home health agencies, as amended by the Balanced Budget Act of 1997, in order to: (1) create a new formula for cost reporting periods beginning on or after October 1, 1998 with the agency-specific per beneficiary annual limitation calculated on a different basis which still makes use of the agency's census division; (2) revise the rules for new providers for cost reporting periods beginning on or after October 1, 1998; (3) provide for a five percent increase in per visit cost limits for such cost reporting periods; (4) provide for a one year delay in establishment of a prospective payment system (PPS) for home health services and in implementation of the mandatory 15 percent reduction in cost and per beneficiary limits under such interim system; and (5) adjust the home health market basket update for home health services under PPS and such interim system, reducing it by a specified percentage for any cost reporting period beginning in FY 2000 or 2001, and increasing it by another specified percentage for any cost reporting period beginning in FY 2004. Amends the Internal Revenue Code to treat: (1) a taxpayer as having omitted a correct taxpayer identification number (TIN) for purposes of mathematical error assessment if information provided by the taxpayer on the return with respect to the individual whose TIN was provided differs from the information the Secretary of the Treasury obtains from the person issuing the TIN; and (2) as a mathematical error the inclusion on a return of a TIN if it is of an individual whose age affects the amount of the tax credit involved and the computation of such credit reflects the treatment of such individual as being of an age different from the individual's age based on such TIN. Adds the vaccine against rotavirus gastroenteritis to the list of taxable vaccines for Federal sales tax purposes. Limits specified liability losses for purposes of the net operating loss deduction to those attributable to a liability under a Federal or State law requiring the reclamation of land, decommissioning of a nuclear power plant (or any unit thereof), dismantlement of an offshore drilling platform, remediation of environmental contamination, or payment of workmen's compensation. Limits the rule waiving the accrual method requirement for any portion of payment amounts which will not be collected to persons performing services in the fields of health, law, engineering, architecture, accounting, actuarial science, performing arts, or consulting. Applies to any organization a significant trade or business of which is the lending of money the requirement of filing a return relating to the cancellation of indebtedness.
United States · United States Congress · 9 October 1998
Amends the Federal Agriculture Improvement and Reform Act of 1996 with respect to the farmland protection program to: (1) specify that the program shall be a matching grant program carried out through eligible entities such as State and local government, Indian tribes, and nonprofit conservation organizations; (2) eliminate acreage limits; and (3) increase the existing funding cap, revising it from a total program to a fiscal year cap.
United States · United States Congress · 9 October 1998
Amends the Federal Agriculture Improvement and Reform Act of 1996 with respect to the farmland protection program to: (1) specify that the program shall be a matching grant program carried out through eligible entities such as State and local government, Indian tribes, and nonprofit conservation organizations; (2) eliminate acreage limits; and (3) increase the existing funding cap, revising it from a total program to a fiscal year cap.
United States · United States Congress · 9 October 1998
Expresses the sense of the Congress that the Secretary of State should: (1) take measures to ensure that U.S. assistance and exports of equipment to Mexican security forces are used primarily for counter-narcotics purposes and do not contribute to human rights violations; (2) encourage the Government of Mexico to reduce political tension and violence in Chiapas by disarming paramilitary groups and decreasing its military presence there; (3) commend such Government for inviting the United Nations High Commissioner for Human Rights to visit to discuss the Chiapas conflict; (4) encourage such Government and the Zapatista National Liberation Army to create conditions for good faith negotiations that address the social, economic, and political causes of the conflict; (5) support efforts to provide and monitor relief assistance to displaced persons in Chiapas; and (6) seek a commitment from such Government to respect the rights of U.S. citizens and human rights monitors in Mexico in accordance with Mexican and international law.
United States · United States Congress · 7 October 1998
Establishes the National Museum of Women's History Advisory Committee. Directs the Advisory Committee to study matters relating to: (1) a site for the Museum in Washington, D.C.; (2) a business plan for the Museum's creation and maintenance, to be funded solely through private contributions; and (3) assisting the Museum's collection and programs. Directs the Secretary of the Interior to provide administrative services, facilities, support, and funds for the performance of the Advisory Committee's duties.
United States · United States Congress · 7 October 1998
Amends the Internal Revenue Code to expand the definition of "qualified foster care payment" to include a payment received by a licensed placement agency. (Current law requires an agency which is not a State or local agency to be a tax-exempt agency.)
United States · United States Congress · 7 October 1998
TABLE OF CONTENTS: Title I: Hemophilia Relief Fund Title II: Treatment of Certain Private Settlement Payments in Hemophilia-Clotting-Factor Suit under the Medicaid and SSI Programs Ricky Ray Hemophilia Relief Fund Act of 1998 - Title I: Hemophilia Relief Fund - Establishes in the Treasury the Ricky Ray Hemophilia Relief Fund. Authorizes appropriations. (Sec. 102) Mandates a payment of $100,000 from the Fund to any individual who has a human immunodeficiency virus (HIV) infection if the individual: (1) has a blood-clotting disorder (such as hemophilia) and was treated with blood-clotting agents between July 1, 1982, and December 31, 1987; (2) was treated with HIV-contaminated blood components or HIV-contaminated human tissue between January 1, 1982, and March 31, 1985; (3) is the lawful current or former spouse of such individual and was the lawful spouse of the individual at any time after a date within such period on which the individual was treated; or (4) acquired the HIV infection through perinatal transmission from a parent who is such an individual. Declares that this Act does not create or admit any claim against the United States relating to HIV infection, but makes an accepted payment full satisfaction of all such claims by that individual. Title II: Treatment of Certain Private Settlement Payments in Hemophilia-Clotting-Factor Suit under the SSI Programs - Prohibits a settlement payment in a specified class action lawsuit, payments related to a release of claims regarding that suit, or a payment under title I of this Act from being considered income or resources in determining a class member's eligibility for, or the amount of medical assistance under the Medicaid program or benefits under, the Supplemental Security Income program (titles XIX and XVI of the Social Security Act).
United States · United States Congress · 24 September 1998
Amends the Communications Act of 1934 to: (1) repeal a provision which prohibits a State or local government from regulating the placement, construction, or modification of personal wireless service facilities (communications towers) on the basis of the environmental effects of frequency emissions from such facilities when such facilities comply with Federal Communications Commission (FCC) regulations; (2) allow any person adversely affected by any final action or failure to act by a State or local government with respect to such facilities to commence an action in any court of competent jurisdiction within 30 days after exhaustion of any administrative remedies; (3) require that, in any action in which a person seeking to place, construct, or modify such a facility is a party, such person bear the burden of proof of its necessity; and (4) prohibit the FCC from adopting as a final rule a certain proposed rule which would preempt State and local zoning and land use restrictions on the siting, placement, and construction of broadcast station transmission facilities. Prohibits any provision of such Act from being interpreted to: (1) authorize any person to place, construct, or modify a broadcast or telecommunications tower in a manner that is inconsistent with State or local law or contrary to an official State decision if alternate technology is capable of delivering the broadcast or telecommunications signals without the use of such a tower; or (2) prohibit a State or local government from requiring a person seeking authority to locate such facilities within a local jurisdiction to produce appropriate documentation of compliance with FCC radio frequency exposure limits and aviation safety standards. Authorizes such State or local government to refuse to grant such location authority to any person who fails to produce such documentation.
United States · United States Congress · 17 September 1998
Multichannel Video Competition Act of 1998 - Amends the Communications Act of 1934 to state that the mandatory local television signal carriage provisions of such Act shall apply no later than January 1, 2002, to satellite carriers retransmitting television (TV) broadcast signals. Directs the Federal Communications Commission (FCC) to adopt regulations to facilitate the provision of all qualified local commercial and noncommercial TV stations, either through satellite or terrestrial means, by providers of direct broadcast satellite services (DBS) providing video programming. Requires DBS providers, prior to January 1, 2001, to either carry all eligible local TV stations or compensate any station not carried. Directs the FCC to prescribe a compensation formula. Provides procedures for such stations to petition for such compensation. Requires the payment of additional compensation when the petitioner demonstrates that the formula compensation is insufficient to allow such station to operate in the public interest. Requires petitions to be decided within 150 days. Requires eligible local TV stations to bear the costs of delivering a good quality signal for retransmission by the satellite carrier. States that satellite carriers retransmitting the signal of a distant network station to households within an area served by a local affiliate of such network and receiving service as of July 10, 1998, shall not be required to discontinue carriage of the distant station prior to February 28, 1999. Directs the FCC to complete a single rulemaking proceeding defining unserved areas or households. Authorizes a cable system or other multichannel video programming distributor to retransmit the signal of a broadcasting station in the case of public service stations. Authorizes the retransmission of a signal of a TV station outside the station's local market by a satellite carrier directly to subscribers if: (1) such station was a superstation on May 1, 1991; and (2) on December 31, 1997, such station was a network station and its signal was retransmitted by satellite carriers directly to at least 500,000 subscribers. Authorizes such a retransmission if: (1) such signal was obtained from a satellite carrier; (2) the originating station was a superstation on May 1, 1991; and (3) the originating station was a network station on December 31, 1997, and its signal was retransmitted by a satellite carrier directly to subscribers.
United States · United States Congress · 2 September 1998
TABLE OF CONTENTS: Title I: State Grant Programs Title II: National Activities Subtitle A: Rehabilitation Act of 1973 Subtitle B: Other National Activities Title III: Alternative Financing Mechanisms Title IV: Repeal and Conforming Amendments Assistive Technology Act of 1998 - Title I: State Grant Programs - Directs the Secretary of Education to provide continuity grants, for assistive technology (AT) for individuals with disabilities, to States that have received less than ten years of funding under the Technology-Related Assistance for Individuals with Disabilities Act of 1988. (Sec. 101) Sets forth the following mandatory activities for any State receiving such a continuity grant: (1) a public awareness program to provide information on availability and benefits of AT devices and services, with an electronic link to the National Public Internet Site; (2) interagency coordination to improve access to AT devices and services; (3) technical assistance and training to promote access to AT devices and services; and (4) outreach activities that support statewide and community-based organizations to assist individuals with disabilities, especially the elderly and rural populations, use AT devices and services. Sets forth the following discretionary activities that such States may undertake with such continuity grants: (1) alternative State-financed systems that increase access to, and funding for, AT; (2) demonstrations of AT devices; (3) assistance to individuals with disabilities related to securing AT devices and services; (4) a system for public access to information concerning any such discretionary activity; (5) partnerships and cooperative initiatives between public and private sectors to promote greater participation by business and industry in development, demonstration, and dissemination of AT devices and ongoing provision of information about new products to assist individuals with disabilities; and (7) advocacy services. Authorizes States to enter cooperative agreements with other States to expand their capacity to assist individuals with disabilities of all ages to learn about, acquire, use, maintain, adapt, and upgrade AT devices and services. Authorizes States to operate or participate in a computer system through which the State may communicate electronically with other States to gain timely technical assistance and avoid duplication of efforts. Authorizes a State to pay for expenses (including travel expenses) and services (including services of qualified interpreters, readers, and personal care assistants) necessary for access to the comprehensive statewide program of technology-related assistance by individuals with disabilities in financial need who are ineligible for such services through another public agency or private entity. Provides for such payments to States according to a formula based on the number of years or portions of amounts that would have been provided by extension grants under the Technology-Related Assistance for Individuals with Disabilities Act. Provides for payments to additional States under specified conditions. Limits the annual amount of any continuation grant to an outlying area. Sets forth continuation grant requirements for: (1) State designation of a lead agency; (2) State application supplements, including State goals, performance measures, involvement of individuals with disabilities and their families, and continuing obligations; and (3) options relating to funding for FY 1999 through 2004, under which a State may choose whether to receive a continuation grant or a challenge grant, but not both. (Sec. 102) Directs the Secretary to provide challenge grants to States for five years to maintain and improve consumer-responsive comprehensive statewide programs of technology-related assistance for individuals with disabilities. Sets forth the following mandatory activities for States receiving such challenge grants: (1) interagency coordination; (2) continuation and enhancement of a statewide information and referral system, including an accessible Website with links to other appropriate sites, such as the National Public Internet Site, for individuals with disabilities and service providers; (3) a public awareness program; (4) capacity building and advocacy activities, and technical assistance and training; and (5) outreach activities. Allows States to use challenge grants for additional activities authorized under the Technology-Related Assistance for Individuals with Disabilities Act, or other activities identified by the State or the Secretary, with the Secretary's approval. Limits the amount of such a grant to an outlying area. Provides for a minimum allotment to all States. Determines any additional amount of such grants to States through a formula based on relative population and population density. Sets forth challenge grant requirements for: (1) State technology plans, including designation of a lead agency, goals, performance measures, involvement of individuals with disabilities and their families, personnel training, and coordination with State councils; and (2) progress reports. (Sec. 103) Directs the Secretary to make competitive five-year supplementary millennium grants to States for State and local capacity building. Authorizes the Secretary to provide such grants to States that submit successful supplements to challenge grants, for one or more of the following State capacity-building activities: (1) obtaining compliance of all public agencies with specified AT-related requirements of the Rehabilitation Act; (2) developing, implementing, documenting, and reviewing a plan for enhancing the participation of all individuals with disabilities of the State in education, employment, transportation, communication, and general access in ways that complement and exceed what is required by the Americans with Disabilities Act of 1990 (ADA); (3) developing and implementing activities for incorporating the principles of universal design in the construction and renovation of facilities, information technology and telecommunications, and other products and services, such as transportation; (4) planning and adopting State personnel standards or professional certification procedures that apply to individuals or entities that provide AT services; (5) evaluating AT devices and AT; or (6) engaging in another activity, pursuant to a priority announced by the Secretary. Allows States to make competitive subgrants for local capacity building activities, including: (1) micro-loans and alternative financing programs; (2) equipment demonstrations; (3) long- and short-term equipment loan programs; (4) equipment recycling programs; (5) outreach and training, especially empowerment training; or (6) meeting unmet local AT-related needs. Provides for such grant payments to States and outlying areas. Requires matching funds when a grant exceeds a specified amount. Sets forth requirements for supplementary grant applications, including: (1) grant partners; (2) involvement of targeted individuals, especially individuals with disabilities who use AT, in grant development and activities; (3) data affecting selection grant focus; (4) State and other resources; (5) goals, activities, performance measures, and annual assessments; (6) limits on indirect costs; (7) joint submissions of applications with State technology plans, with distinct activities and separate budgets for challenge grants and supplementary grants; and (8) progress reports. (Sec. 104) Directs the Secretary to make a six-year grant to an entity in each State to support protection and advocacy services through systems established under the Developmental Disabilities Assistance and Bill of Rights Act to assist in acquiring, utilizing, or maintaining AT or AT services for individuals with disabilities. Requires such grants, in the case of certain States, to be made to a designated lead agency or the State Assistive Technology Office. (Sec. 105) Sets forth administrative requirements, for grant programs under this title, for: (1) review of participating entities; (2) corrective action and sanctions; and (3) annual reports of the Secretary to the President and the Congress. Declares that this title may not be construed as authorizing a Federal or a State agency to reduce medical or other assistance available, or to alter eligibility for a benefit or service, under any other Federal law. (Sec. 106) Authorizes the Secretary to fund a program to provide AT technical assistance to entities, principally those funded under any grant program under this title. Requires, in designing such program, consideration of input from the directors of comprehensive statewide programs of technology-related assistance and other appropriate individuals, especially: (1) individuals with disabilities who use AT and understand the barriers to the acquisition of AT and AT services; (2) family members, guardians, advocates, and authorized representatives of such individuals; and (3) individuals employed by protection and advocacy systems funded by grants under this title. Directs the Secretary, as part of such technical assistance program, to fund the establishment and maintenance of a National Public Internet Site to provide individuals with disabilities and the general public technical assistance and information on increased access to AT devices and services and to other disability-related resources. Requires that an entity eligible to maintain such Internet site be an institution of higher education that emphasizes research and engineering, has a multidisciplinary research center, and has demonstrated expertise in specified matters. Sets forth required features and minimum library components of such Internet site. Sets forth eligibility, application, and program requirements for entities to receive grants, contracts, or cooperative agreements under the technical assistance program. (Sec. 107) Authorizes appropriations for grants and other programs under this title. Title II: National Activities - Subtitle A: Rehabilitation Act of 1973 - Amends the Rehabilitation Act of 1973 (RA, as amended by the Workforce Investment Act of 1988) to require increased coordination on disability, AT, and universal design research among Federal departments and agencies that are members of the Interagency Committee on Disability Research and other Federal departments and agencies. Authorizes the Committee to recommend funding for research projects that are jointly undertaken or administered by at least two departments or agencies with representatives on the Committee. (Sec. 202) Directs the National Council on Disability to report to specified congressional committees on the barriers in Federal AT policy to increasing availability of and access to AT devices and services for individuals with disabilities. Requires the Council to obtain input for such report from the National Institute on Disability and Rehabilitation Research, the Association of Tech Act Projects, and targeted individuals. (Sec. 203) Directs the Architectural and Transportation Barriers Compliance Board (the Access Board) to provide training to Federal and State employees concerning their responsibilities under RA to make their electronic and information technology accessible. Subtitle B: Other National Activities - Authorizes the Secretary to: (1) enter into contracts with small businesses to assist them with design, development, and marketing of AT devices and services, giving preference to such businesses owned or operated by individuals with disabilities; and (2) make grants to small businesses to work with entities funded by the Secretary to evaluate and disseminate information on the effects of technology transfer on the lives of individuals with disabilities, and to utilize such technology transfer and market research services to bring new AT devices and services to commerce. (Sec. 212) Authorizes the Director of the National Institute on Disability and Rehabilitation Research (NIDRR) to collaborate in specified ways with the Federal Laboratory Consortium for Technology Transfer (the Consortium) to promote technology transfer that will further development of AT and products that incorporate universal design principles. Authorizes the Secretary to make grants to or contracts or cooperative agreements with commercial, nonprofit, or other organizations, including institutions of higher education, to facilitate interaction with the Consortium to promote such technology transfer related to AT and universal design. Amends the Stevenson-Wydler Technology Innovation Act of 1980 to require the Consortium to work with the NIDRR Director to compile a compendium of current and projected Federal Laboratory technologies and projects that have or will have an intended or recognized impact on the available range of AT for individuals with disabilities, including technologies and projects that incorporate universal design principles. (Sec. 213) Authorizes the Secretary to make grants to commercial or other enterprises and institutions of higher education for research and development of universal design concepts for products (including information technology) and the built environment. Requires preference to be given to enterprises and institutions owned or operated by individuals with disabilities. (Sec. 214) Authorizes the Secretary to make grants, enter into cooperative agreements, or provide financial assistance through other mechanisms, for specified AT outreach activities: (1) in rural or impoverished urban areas; and (2) for children and older individuals. (Sec. 215) Directs the Secretary to make grants, or enter into contracts, with public and private agencies and organizations, including institutions of higher education, for specified types of training of rehabilitation engineers and technicians in careers related to providing AT devices and services. (Sec. 216) Authorizes the Secretary to study and report with recommendations to specified congressional committees on the benefits of, and obstacles to implementing throughout the Federal Government, a single assistive technology taxonomy developed by the Secretary. (Sec. 217) Authorizes the President's Committee on Employment of People With Disabilities to design, develop, and implement programs to increase the voluntary participation of the private sector in making information technology accessible to individuals with disabilities, including increasing the involvement of such individuals in the design, development, and manufacturing of information technology. Includes a task force, outreach, and technical assistance among program activities. Requires the Committee to coordinate program activities with those of NIDRR and the Department of Labor. (Sec. 218) Authorizes appropriations. Title III: Alternative Financing Mechanisms - Directs the Secretary to make grants to States for the Federal share of alternative financing programs to allow individuals with disabilities and their family members, guardians, advocates, and authorized representatives to purchase AT devices and services. Requires such program to feature one or more alternative financing mechanisms, which may include: (1) a low-interest loan fund; (2) an interest buy-down program; (3) a revolving loan fund; (4) a loan guarantee or insurance program; (5) a program operated by a partnership among private entities for purchase, lease, or other acquisition of AT devices or services; or (6) another mechanism that meets the requirements of this title and is approved by the Secretary. (Sec. 301) Allows such a grant to be awarded for a one-year period. Limits each State to not more than one such grant. Limits the Federal share of program costs to not more than 50 percent. (Sec. 302) Limits the amount of such a grant to an outlying area. Sets minimum State grant allotments. Bases remaining State allotments on population and population density. (Sec. 303) Makes States eligible to compete for grants under this title if they are receiving or have received continuity grants or challenge grants under title I and comply with application requirements. Requires State assurances that the alternative financing program will: (1) continue on a permanent basis; (2) emphasize consumer choice and control; (3) have a permanent separate account; (4) only invest funds in low-risk securities in which a regulated insurance company may invest under the State law; and (5) not use more than ten percent of grant funds for indirect costs. Provides that interest and income from the program's investments shall not be taken into account in determining eligibility for any Federal program. (Sec. 304) Requires a State that receives a grant under this title to enter into a contract with a community-based organization (including a group of such organizations) that has individuals with disabilities involved in organizational decision making at all organizational levels, to administer the alternative financing program. Requires the community-based organization to contract with commercial lending institutions or organizations or State financing agencies to expand opportunities under this title and facilitate administration of the alternative financing program. (Sec. 305) Requires States that receive grants, and community-based organizations that contract with States, under this title to submit specified policies and procedures for administration of the alternative financing program, including ones to: (1) review and process in a timely manner requests for financial assistance for immediate and potential technology needs; (2) give program access to consumers regardless of type of disability, age, income level, location of residence in the State, or type of AT device or service requested; and (3) assure consumer-controlled oversight. (Sec. 306) Directs the Secretary to provide information and technical assistance (through grants, contracts, and cooperative agreements with public or private agencies and organizations, including institutions of higher education) to States to develop and implement alternative financing programs under this title. (Sec. 307) Directs the Secretary to report annually to specified congressional committees on the progress of each alternative financing program funded under this title. (Sec. 308) Authorizes appropriations. Title IV: Repeal and Conforming Amendments - Repeals the Technology-Related Assistance for Individuals With Disabilities Act of 1988.
United States · United States Congress · 31 July 1998
Rural Opportunity Communities Act of 1998 - Amends title XX (Block Grants to States for Social Services) of the Social Security Act (SSA) to entitle each State to Federal grants for: (1) each rural opportunity community in the State designated pursuant to this Act; and (2) each additional qualified empowerment zone in the State designated pursuant to the Taxpayer Relief Act of 1997. Specifies a formula for the amount of each grant, with separate base amounts for empowerment zones in urban or rural areas. Provides funding for the additional grants made available by this Act. Authorizes the Secretary of Agriculture to designate up to ten rural opportunity communities. Sets forth the criteria an area must meet to be designated as a rural opportunity community, including that the area must demonstrate economic distress resulting from poverty or certain other factors during the most recent five-year time period. Amends the Internal Revenue Code to provide that well-performing empowerment zones and enterprise communities: (1) may be given additional points in the designation process; and (2) shall be recognized annually, and their best practices disseminated to other designated empowerment zones and enterprise communities. Directs the Secretary of Health and Human Services to set aside ten percent of amounts otherwise made available for urban empowerment zones for use by any urban empowerment zone or enterprise community that the Secretary of Housing and Urban Development determines has completed or made satisfactory progress in implementing its approved ten year strategic plan.
United States · United States Congress · 30 July 1998
Conservation Tax Incentives Act of 1998 - Amends the Internal Revenue Code to provide a 50 percent exclusion of gain on the sale of land or interests in land or water to a governmental entity or qualified conservation nonprofit organization for conservation purposes.
United States · United States Congress · 30 July 1998
Clean Gasoline Act of 1998 - Amends the Clean Air Act to prohibit the manufacture, sale, supply, dispensation, transport, or introduction into commerce of motor vehicle gasoline that contains a concentration of sulfur exceeding 40 parts per million per gallon of gasoline. Provides that a person shall not be in violation of such prohibition if, during a one-year period, the person engages in such an activity with respect to gasoline that contains a sulfur concentration between 40 and 80 parts per million per gallon if the average concentration of sulfur in the gasoline during the period is less than 30 parts per million per gallon. Authorizes the Administrator of the Environmental Protection Agency to promulgate regulations to establish maximum and average allowable sulfur concentrations in motor vehicle gasoline that are lower than such concentrations if: (1) research conducted after this Act's enactment indicates that significant air quality benefits would result from a reduction in allowable sulfur concentration in such gasoline; or (2) advanced vehicle technologies have been developed that can significantly reduce emissions of air pollutants from motor vehicles but that require gasoline with a lower concentration of sulfur than that specified under this Act. Prescribes penalties for violations of this Act. Requires the Administrator to report to the Congress on the effects of the use of low sulfur motor vehicle gasoline on urban and regional air quality within six and eight years of this Act's enactment date.
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 Environmental Education Amendments Act of 1998 - Amends the National Environmental Education Act to require that curricula, materials, and training programs developed with support from the Environmental Protection Agency's (EPA) Office of Environmental Education be balanced and scientifically sound. (Sec. 2) Requires that implementation of the Act be through EPA. Eliminates requirements for a Director of the Office and a minimum number of staff. Allows activities to be carried out through grants, cooperative agreements, or contracts. (Sec. 3) Reduces from 25 percent to 15 percent the percentage of funds to be obligated for environmental education grants of not more than $5,000. Prohibits the use of grants for certain lobbying activities. Requires the EPA Science Advisory Board to review and approve any guidance by the EPA Administrator before it is issued to applicants for such grants. (Sec. 4) Repeals the authority for environmental internships and fellowships. (Sec. 5) Eliminates all environmental education awards provided for under such Act, except the President's Environmental Youth Awards. (Sec. 6) Revises requirements for membership on the National Environmental Education Advisory Council. Requires that membership on the Federal Task Force on Environmental Education be open to representatives of any Federal agency actively engaged in environmental education. (Under current law, membership must include specified agency representatives.) Repeals specific requirements for contents of Advisory Council reports. (Sec. 7) Changes the name of the National Environmental Education and Training Foundation to the National Environmental Learning Foundation. Increases the size of the Foundation's Board of the Directors. Repeals the prohibition on the transmission of logos or other means of identification on materials donated to the Foundation for environmental education and training use. Allows acknowledgement of donors, but prohibits such acknowledgement from: (1) appearing in educational material to be presented to students; and (2) identifying a donor by means of a logo, letterhead, or other corporate commercial symbol, slogan, or product. (Sec. 8) Extends through FY 2004 the authorization of appropriations to the EPA for such Act. Revises funding limitations. Limits to 25 percent the amount available for administrative costs. Directs the EPA Administrator to report on expenses annually to the Congress.
United States · United States Congress · 27 July 1998
Declares that the Congress honors the memory of Detective John Michael Gibson and Private First Class Jacob Joseph Chestnut of the U.S. Capitol Police for the selfless acts of heroism they displayed on July 24, 1998, in sacrificing their lives in the line of duty so that others might live. Provides that, when the Senate and the House of Representatives adjourn on this date, they shall do so out of respect for the memory of Officers Gibson and Chestnut.
United States · United States Congress · 27 July 1998
Authorizes the use of the rotunda of the Capitol for a memorial service for Detective John Michael Gibson and Private First Class Jacob Joseph Chestnut of the U.S. Capitol Police. Directs the Architect of the Capitol to place a plaque in honor of the memory of Officers Gibson and Chestnut at an appropriate site in the U.S. Capitol, with the approval of the Speaker of the House of Representatives and the President Pro Tempore of the Senate. Directs the Sergeant at Arms of the House of Representatives to make arrangements for funeral services for Officers Gibson and Chestnut, including payments for travel expenses of immediate family members, and for expenses incurred by Members of the House of Representatives in attending such services. Directs the Chief Administrative Officer of the House of Representatives to pay survivor's gratuities to the widows of Officers Gibson and Chestnut. Expresses the sense of the Congress that there should be established under law a U.S. Capitol Police Memorial Fund for the surviving spouses and children of members of the U.S. Capitol Police who are slain in the line of duty.
United States · United States Congress · 21 July 1998
TABLE OF CONTENTS: Title I: Expanding Coverage for Small Business Title II: Increasing Pension Access and Fairness for Women and Children Title III: Increasing Portability of Pension Plans Title IV: Strengthening Pension Security and Enforcement Title V: Encouraging Retirement Education Title VI: Reducing Red Tape Title VII: Plan Amendments Pension Coverage and Portability Act - Title I: Expanding Coverage for Small Business - Amends the Internal Revenue Code (IRC) and the Employee Retirement Income Security Act of 1974 (ERISA) to revise requirements relating to pension plan loans for Subchapter S owners, partners, and sole proprietors. (Sec. 102) Allows an employer to establish payroll deductions for contributions to employee individual retirement plans without incurring ERISA liability. (Sec. 103) Amends the IRC to allow an eligible employer to establish and maintain a SAFE annuity (an individual retirement annuity) or a SAFE trust (a trust forming part of a defined benefit plan), both to be funded by the employer. Makes the employer contributions deductible without limitation and otherwise provides for the treatment of contributions and distributions. Mandates a penalty for early withdrawals. Requires simplified employer reports for SAFE annuities and simplified actuarial reports for SAFE trusts. Amends the Employee Retirement Income Security Act of 1974 to exempt SAFE trusts from coverage requirements and SAFE annuities from certain employer reporting requirements. (Sec. 104) Amends the IRC to modify definitions applicable to special rules for top-heavy plans. Requires consideration of employer matching contributions in determining whether a defined contribution plan meets minimum contribution requirements. (Sec. 105) Allows employers to elect salary reduction only arrangements under Code requirements for simple plans. (Sec. 106) Establishes a small employer pension plan credit. (Sec. 107) Increases (from $6,000 to $8,000) limits for deferrals to simple plans. (Sec. 108) Provides that qualified staffing firms are to be considered employers for purposes of: (1) specified employment taxes; and (2) providing employee benefits. Provides for coverage of leased employees in employment benefit plans by: (1) applying to leased employees certain requirements concerning cash or deferred arrangements, matching contributions, and employee contributions; and (2) setting forth special rules for the leasing organization's plan. Revises safe harbor plan requirements. (Sec. 109) Amends ERISA to provide for a phase-in of an additional premium for new plans to pay to the Pension Benefit Guaranty Corporation (PBGC). (Sec. 110) Eliminates user fee requirements for requests to the IRS concerning the status of new pension plans. (Sec. 111) Declares the $150,000 compensation limit inapplicable to simple 401(k) arrangements. (Sec. 112) Provides that elective deferrals shall not be taken into account for purposes of limits on certain plan contributions. (Sec. 113) Repeals specified coordination requirements under the Code for deferred compensation plans of State and local governments and tax-exempt organizations. Title II: Increasing Pension Awareness for Women and Children - Sets forth requirements relating to equitable treatment for contributions of employees to defined contribution plans. Requires that certain contributions by church plans are not to be treated as exceeding a specified limit. (Sec. 202) Provides for faster vesting of certain employer matching contributions under the Code and ERISA. (Sec. 203) Amends Federal civil service law to revise requirements for deferred annuities for surviving spouses of Federal employees under both the Civil Service Retirement System (CARS) and the Federal Employees Retirement System (FERS). (Sec. 204) Revises requirements relating to tax treatment of division of section 457 plan benefits upon divorce. (Sec. 205) Amends the IRC and ERISA to provide for the spouse's right to know specified distribution information relating to survivor annuities. (Sec. 206) Revises minimum distribution rules under the Code. Revises provisions requirements for actuarial adjustment of benefit under a defined benefit plan. Directs the Secretary of the Treasury to: (1) simplify and finalize the regulations relating to minimum distribution requirements; and (2) modify such regulations to reflect increases in life expectancy, and revise required distribution methods so that, under reasonable assumptions, the amount of the required minimum distribution does not decrease over a participant's life expectancy. Provides that, during the first year that such revised regulations are in effect, required distributions for future years may be redetermined, with the opportunity to choose a new designated beneficiary and to elect a new method of calculating life expectancy. Excludes specified amounts from minimum distribution requirements. Repeals a rule relating to distributions begun before death occurs. Title III: Increasing Portability of Pension Plans - Permits rollovers from and to various types of plans under the Code. (Sec. 302) Permits individual retirement plan (IRA) rollovers only if certain conditions are met. (Sec. 303) Permits rollover of after-tax contributions in an exempt trust under specified conditions. Sets forth a hardship exception to the 60-day rule. (Sec. 304) Revises restrictions on distributions, including the same desk exception. Repeals business sale requirements. (Sec. 305) States that a transferee defined contribution plan shall not be treated as having failed to meet certain requirements because it does not provide for some or all of the distribution forms available under a transferor defined contribution plan. (Sec. 306) Authorizes trustee-to-trustee transfers to purchase permissive service credit with respect to governmental defined benefit plans. (Sec. 307) Authorizes employers to disregard rollovers for purposes of employee cash-out amounts under the Code and ERISA. Title IV: Strengthening Pension Security and Enforcement - Amends the IRC and ERISA to revise the percentage of current liability funding limit. Revises maximum contribution deduction rules and applies them to all defined benefit plan under the Code. (Sec. 402) Amends ERISA to direct the PBGC to prescribe rules relating to missing participants for multiemployer plans covered by the PBGC that terminate. (Sec. 403) Amends ERISA to make discretionary the imposition and amount of civil penalties for breach of fiduciary responsibility. Revises requirements for the applicable recovery amount and related rules. (Sec. 404) Prohibits plans from making loans to beneficiaries through any revolving credit arrangement. (Sec. 405) Amends the IRC to allow an employer, in determining the amount of nondeductible contributions for any taxable year, to elect not to take into account any contributions to a defined benefit plan except to the extent that they exceed the full-funding limitation. Title V: Encouraging Retirement Education - Requires that pension benefit statements be furnished annually (once every three years for defined benefit plans) or on request. Allows written or electronic statements. Requires multiemployer plans to furnish a statement (written or electronic) on request. (Sec. 502) Directs the Administrator of the Small Business Administration to prepare a plan to: (1) increase awareness of retirement benefits; and (2) update small business owners concerning such benefits. (Sec. 503) Treats the provision of certain retirement and financial planning services by an employer to an employee as a de minimis fringe benefit. (Sec. 504) Directs the Director of the Office of Personnel Management to develop a program under which Federal Government retirement education program strategies are made available to nongovernmental retirement plan sponsors. Title VI: Reducing Red Tape - Amends the IRC to provide intermediate sanctions for inadvertent failures. Provides for protection from disqualification upon timely correction or payment of fine under requirements for: (1) qualified pension, profit-sharing, and stock bonus plans; (2) qualified cash or deferred arrangements (section 401(k) plans); and (3) annuity contracts. Provides that, under requirements relating to taxability of the beneficiary of a nonexempt trust, income inclusion for disqualification is not applicable to nonhighly compensated employees. (Sec. 602) Amends the IRC and ERISA to revise requirements relating to timing of plan valuations. (Sec. 603) Amends ERISA rules for substantial owners relating to plan terminations to revise: (1) the phase-in of the guarantee; and (2) the allocation of assets. (Sec. 604) Amends IRC requirements for applicable dividends to allow dividends of employee stock ownership plans (ESOPs) to be reinvested without loss of dividend deduction. (Sec. 605) Directs the Secretary of the Treasury to modify the regulations regarding the exclusion allowance to render void the requirement that contributions to a defined benefit pension plan be treated as previously excluded amounts. (Sec. 606) Directs the Secretary to provide by regulation that a plan shall be deemed to satisfy specified requirements of the Code if it satisfies a certain facts and circumstances test, under specified conditions. (Sec. 607) Grants the Secretary discretion in applying a specified coverage test to a plan. (Sec. 608) Directs the Secretary to delete a specified rule under regulations relating to the cash-out rule. under the Code. (Sec. 609) Makes inapplicable to certain mirror plans specified Code requirements relating to deferred compensation plans of State and local governments and tax-exempt organizations. (Sec. 610) Revises the notice and consent period regarding distributions. Directs the Secretary to modify certain regulations under the Code to provide that the description of a participant's right, if any, to defer receipt of a distribution shall also describe the consequences of failing to defer such receipt. (Sec. 611) Sets forth conforming amendments relating to election to receive taxable cash compensation in lieu of nontaxable parking benefits. (Sec. 612) Repeals a transition rule relating to certain highly compensated employees under the Tax Reform Act of 1986. (Sec. 613) Extends to international organizations the moratorium on application of certain nondiscrimination rules applicable to State and local plans. (Sec. 615) Directs the Secretary to modify certain regulations with respect to certain plan participation by employees of tax-exempt entities under the Code. (Sec. 616) Repeals a multiple use test. Directs the Secretary prescribe regulations permitting appropriate aggregation of plans and contributions. Title VII: Plan Amendments - Prescribes requirements for plan amendments or annuity contract amendments under the Code and ERISA.
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 · 17 July 1998
Retirement Account Portability Act of 1998 - Amends the Internal Revenue Code to permit rollovers to and from State and tax-exempt instrumentality and public school retirement plans. (Sec. 3) Permits individual retirement plan rollovers only if the entire amount is deposited into another defined contribution retirement plan and certain other conditions are met. (Sec. 4) Removes certain restrictions on the rollover of after-tax contributions. (Sec. 5) Amends the Employee Retirement Income Security Act of 1974 to extend single employer missing participant provisions to multiemployer plans. (Sec. 6) Permits distributions upon severance from employment (currently, upon separation from service). (Sec. 7) States that a transferee defined contribution plan shall not be treated as having failed to meet certain requirements because it does not provide for some or all of the distribution forms available under a transferor defined contribution plan. (Sec. 8) Permits employers to disregard rollovers for purposes of cash-out amounts. (Sec. 9) Authorizes trustee-to-trustee transfers to purchase permissive service credit with respect to Federal or public school and State and tax-exempt instrumentality pension plans.
United States · United States Congress · 16 July 1998
Home Health Access Preservation Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Balanced Budget Act of 1997, with respect to the computation formula of the interim system of limited payments for services provided by home health agencies, in order to mandate a new interim system, as of October 1, 1998, with a revised formula and specific amounts for the agency-specific per beneficiary annual limitation, according to the census division in which an agency is located. Directs the Secretary of Health and Human Services to: (1) estimate the amount of savings (if any) to Medicare resulting from this Act for each fiscal year beginning after FY 1998 and before the first fiscal year in which the prospective payment system (PPS) for home health agencies applies; (2) prescribe rules for increased payments to such an agency, if there will be estimated savings; and (3) establish procedures to provide heightened scrutiny of claims for reimbursement under Medicare for items and services provided to certain agency beneficiaries. Amends SSA title XVIII to provide for a three percent increase in per visit cost limits for cost reporting periods beginning on or after October 1, 1997. Directs the Secretary to meet every 90 days with appropriate congressional committee staff to provide informal updates of progress in implementing the PPS above.
![Official portrait of Sen. Jeffords, James M. [I-VT]](https://www.congress.gov/img/member/j000072_200.jpg)