United States · United States Congress · 7 October 1998
Amends the Pacific Northwest Electric Power Planning and Conservation Act to: (1) decrease the funding available to the fish and wildlife protection program of the Northwest Power Planning Council; (2) extend such program to September 30, 2002; and (3) prescribe specified procedures for the review of programs or measures proposed in a Federal agency budget to be reimbursed or directly paid for by the Bonneville Power Administration with respect to Columbia Basin fish and wildlife.
United States · United States Congress · 23 September 1998
Natural Resources Institute Act of 1998 - Establishes the Natural Resources Institute at the Idaho National Engineering and Environmental Laboratory to provide a neutral forum to develop scientific solutions that improve the economic and environmental viability of the Intermountain West region of the United States. Defines such region to include Montana, Idaho, Wyoming, Utah, and the far eastern areas of Oregon and Washington. Lists as duties of the Institute: (1) to perform multidisciplinary research regarding natural resources; (2) to support formulation and implementation of natural resources public policy; (3) to act as an information resource center; and (4) to provide education and training. Creates a Board of Stakeholders for the Institute which shall incorporate the vested interests and stakeholder prospectuses into the design and operation of the Institute. Requires the Board to appoint, and define the requirements of, the Director of the Institute who shall exercise all authority granted to the Institute. Establishes a Science Advisory panel to: (1) oversee development and implementation of the Institute's technical strategy; and (2) provide oversight of the quality of science and recommendations for the research and development portfolio structure of the Institute. Authorizes the Institute to acquire from any Federal agency any unclassified data and nonproprietary knowledge and information obtained by Federal agencies to assist the Institute. Directs the Institute to work with Federal and State agencies, universities, the public, and the private sector to ensure that the Institute's information and products are useful and accessible.
United States · United States Congress · 22 September 1998
Library of Congress Bicentennial Commemorative Coin Act of 1998 - Directs the Secretary of the Treasury to mint and issue five-dollar gold coins and one-dollar silver coins emblematic of the Library of Congress. Authorizes the Secretary to mint and issue $10 bimetallic coins of gold and platinum in lieu of the gold coins. Requires payment of coin sale surcharges to the Library of Congress Trust Fund Board to support Library activities.
United States · United States Congress · 21 September 1998
Directs the Secretary of the Interior to convey the Tunnison Lab Hagerman Field Station and site in Gooding County, Idaho, excluding water rights, to the University of Idaho for use for fish research. Requires the University to: (1) comply with the National Historic Preservation Act for all ground disturbing activities; and (2) protect prehistoric and historic resources in accordance with the Archaeological Resources Protection Act of 1979.
United States · United States Congress · 21 September 1998
Declares that the Congress supports the existing Federal legal process for determining the safety and efficacy of drugs and opposes efforts to circumvent this process by legalizing marijuana, and other Schedule I drugs, for medicinal use without valid scientific evidence and Food and Drug Administration approval. Directs the Attorney General to report to the House and Senate Judiciary Committees, regarding specified years, on: (1) the total quantity of marijuana eradicated in the United States; and (2) the annual number of arrests and prosecutions for Federal marijuana offenses. Requires the Commissioner of Food and Drugs to report to specified congressional committees on the specific efforts underway to enforce specified provisions of the Federal Food, Drug, and Cosmetic Act regarding marijuana and other Schedule I drugs.
United States · United States Congress · 8 September 1998
Federalism Enforcement Act of 1998 - Directs executive agencies, when formulating and implementing policies that have federalism implications, to: (1) strictly adhere to constitutional principles and closely examine the constitutional and statutory authority supporting any Federal action that would limit the policy making direction of the States; (2) take Federal action limiting the policy making discretion of the States only where constitutional authority for the action is clear and certain and the national activity is necessitated by the presence of a problem of national scope; (3) recognize the distinction between problems of national scope and problems that are merely common to the States; (4) recognize that constitutional authority for Federal action is clear and certain only when authority for the action may be found in a specific provision of the Constitution, when there is no provision in the Constitution prohibiting Federal action, and when the action does not encroach upon authority reserved to the States; (5) encourage States to develop their own policies to achieve program objectives and to work with officials in other States; (6) refrain from establishing uniform, national standards for programs and, when possible, defer to the States to establish standards; and (7) consult with officials and organizations representing the States in developing national standards when required. States that: (1) the national Government should grant the States the maximum administrative discretion possible with respect to national policies administered by the States; and (2) intrusive Federal oversight of State administration is neither necessary nor desirable. Requires observation of the following special requirements for preemption of State law: (1) agencies should construe a Federal statute to preempt only when it contains an express preemption provision, when there is some other firm and palpable evidence compelling the conclusion that the Congress intended preemption, or when the exercise of State authority directly conflicts with the exercise of Federal authority under the statute; (2) such agencies should construe any authorization in the statute for the issuance of regulations as authorizing preemption only when the statute expressly authorizes issuance of preemptive regulations or when there is other evidence compelling the conclusion that the Congress intended to delegate preemption authority; (3) any regulatory preemption should be restricted to the minimum level necessary to achieve the objectives of the statute; (4) an agency that foresees the possibility of a conflict between State law and federally protected interests should consult with State officials and organizations to avoid such a conflict; and (5) an agency that proposes to act through adjudication or rulemaking should provide all affected States notice and an opportunity for participation in the proceedings. Expresses the sense of the Congress that executive departments and agencies should not submit to the Congress legislation that would: (1) regulate the States so as to interfere with functions essential to the their separate and independent existence or their freedom to structure integral operations; (2) attach to Federal grants conditions unrelated to such grant; or (3) preempt State law unless consistent with the principles of federalism and unless a clearly legitimate national purpose cannot otherwise be met. Requires the head of each executive department and agency to designate an official responsible for implementing this Act, who shall determine which proposed policies have sufficient federalism implications to warrant the preparation of a federalism assessment. Provides assessment requirements. Directs the Office of Management and Budget to ensure that the policies of executive departments and agencies are consistent with the principles, criteria, and requirements set forth under this Act. Requires such departments and agencies to identify proposed regulatory and statutory provisions that have significant federalism implications and to address any substantial federalism concerns.
United States · United States Congress · 1 September 1998
Requests the President to advance: (1) the late Rear Admiral Husband E. Kimmel to the grade of admiral on the retired list of the Navy; and (2) the late Major General Walter C. Short to the grade of lieutenant general on the retired list of the Army. Prohibits any change in compensation or benefits based on the military service of such officers as a result of such advancements. Expresses the sense of the Congress that such officers performed their duties competently and professionally and that losses incurred by the United States in attacks on military targets on Oahu, Hawaii, on December 7, 1941, were not a result of their dereliction of duty.
United States · United States Congress · 31 July 1998
Small Business Programs Restructuring and Reform Act of 1998 - Amends the Small Business Act to increase from $8 million to $12 million, for FY 1999 and thereafter, the authorization of appropriations for the women's business center program. Repeals a provision concerning the terms of assistance to certain organizations under the program. Directs the Comptroller General (CG) to review the administration of such program and report review results to the congressional small business committees. Requires a follow-up report from the CG. (Sec. 3) Amends provisions of the Act relating to the Small Business Innovative Research Program (SBIR) to: (1) direct the Small Business Administration (SBA) to encourage Federal agencies to fund programs for the research and development of assistive and universally designed technology intended to lead to new products for individuals with disabilities; (2) increase for FY 2001 and thereafter the amounts required to be expended by certain Federal agencies for uses specifically connected with SBIR programs; (3) revise SBIR limitations relating to administrative costs; and (4) repeal a provision which terminates the SBIR on October 1, 2000. (Sec. 5) Amends the Small Business Investment Act of 1958 to direct the SBA to authorize certain qualifying State and local development companies to foreclose and liquidate loans in the portfolios of those companies that are funded with the proceeds of debentures guaranteed by the SBA under the Small Business Development Company Program. Outlines development company qualification requirements. Requires a qualified development company to submit to the SBA a proposed liquidation plan, and authorizes such a company to submit a proposed workout plan. Prohibits any action by a State or local development company that would result in a conflict of interest with any third party lender participating in the liquidation or foreclosure of the loan. Authorizes the SBA to suspend or revoke the authority of a qualified company under appropriate circumstances. Directs the SBA to report annually to the small business committees on the results of the delegation of authority to liquidate and foreclose such loans. Terminates the current SBA loan liquidation pilot program on the date on which final regulations implementing this section are promulgated. (Sec. 6) Directs the SBA to submit to the small business committees certain information concerning the participation in Federal procurement contracts by small businesses, including those owned and controlled by socially and economically disadvantaged individuals and by women. (Sec. 7) Establishes in the SBA: (1) the position of Associate Administrator for Veterans Business Development; and (2) an Office of Veterans Business Development, to be administered by the Associate Administrator. Establishes the Advisory Committee on Veterans Business Affairs to serve as an independent source of advice and policy recommendations to the SBA Administrator, the Congress, and the President. Directs the Administrator to enter into a memorandum of understanding with the Service Corps of Retired Executives (SCORE) for the appointment by SCORE of a National Veterans Business Coordinator, who shall establish and administer the provision of entrepreneurial counseling and training to veterans through SCORE chapters in the United States. Requires notification of the availability of such services through a toll-free telephone number and an Internet website. Directs the Administrator to report annually to the small business committees on the needs of small businesses owned and controlled by veterans and service-disabled veterans. Requires the SBA's Office of Advocacy to evaluate Federal and private efforts to assist small businesses owned by veterans and service-disabled veterans and to make appropriate recommendations to the Administrator and the Congress. Adds the provision of assistance to veterans to authorized purposes and activities under the Microloan Program.
United States · United States Congress · 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
National Uniformity for Food Act of 1998 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to prohibit any State or political subdivision from establishing or continuing in effect as to any food in interstate commerce any requirement for food labeling or food that is not identical to specified FDCA provisions. Prohibits any State or political subdivision from establishing or continuing in effect any notification requirement for a food that provides for a warning concerning the food's safety that is not identical to FDCA provisions. Allows a State to petition for an exemption and for a national standard regarding any requirement under the FDCA or the Fair Packaging and Labeling Act relating to food regulation. Allows a State to establish a requirement that would otherwise violate FDCA provisions relating to national uniform nutrition labeling or this paragraph if the requirement is needed to address an imminent hazard to health that is likely to result in serious adverse health consequences and if other requirements are met.
United States · United States Congress · 27 July 1998
Declares that the Congress honors the memory of Detective John Michael Gibson and Private First Class Jacob Joseph Chestnut of the U.S. Capitol Police for the selfless acts of heroism they displayed on July 24, 1998, in sacrificing their lives in the line of duty so that others might live. Provides that, when the Senate and the House of Representatives adjourn on this date, they shall do so out of respect for the memory of Officers Gibson and Chestnut.
United States · United States Congress · 27 July 1998
Authorizes the use of the rotunda of the Capitol for a memorial service for Detective John Michael Gibson and Private First Class Jacob Joseph Chestnut of the U.S. Capitol Police. Directs the Architect of the Capitol to place a plaque in honor of the memory of Officers Gibson and Chestnut at an appropriate site in the U.S. Capitol, with the approval of the Speaker of the House of Representatives and the President Pro Tempore of the Senate. Directs the Sergeant at Arms of the House of Representatives to make arrangements for funeral services for Officers Gibson and Chestnut, including payments for travel expenses of immediate family members, and for expenses incurred by Members of the House of Representatives in attending such services. Directs the Chief Administrative Officer of the House of Representatives to pay survivor's gratuities to the widows of Officers Gibson and Chestnut. Expresses the sense of the Congress that there should be established under law a U.S. Capitol Police Memorial Fund for the surviving spouses and children of members of the U.S. Capitol Police who are slain in the line of duty.
United States · United States Congress · 22 July 1998
Expresses the sense of the Senate that October 15, 1998, should be designated as National Inhalant Abuse Awareness Day, to be observed with appropriate activities. Requests the President to issue a proclamation designating such Day.
United States · United States Congress · 21 July 1998
Agricultural Job Opportunity Benefits and Security Act of 1998 - Directs the Secretary of Labor to establish a database system of U.S. agricultural worker registries to provide temporary and seasonal agricultural job opportunity and referral information. Bases registry coverage on job opportunities in a State or group of contiguous States with a common pool of workers. Sets forth individual registrant requirements, including validation of employment status. (Sec. 4) Requires an employer (including employer associations) prior to hiring a temporary agricultural worker to apply to the Secretary for a U.S. worker referral from the appropriate registry. Sets forth provisions regarding: (1) employer application and labor- related assurance requirements; and (2) registry search and worker referral by the Secretary, including alien worker visa issuances in cases of insufficient registered workers. (Sec. 7) Sets forth employer requirements regarding: (1) wages; (2) housing, including an allowance in lieu of housing; and (3) transportation reimbursement, including establishment of a pilot program to provide certain registered workers with vouchers to purchase employment location transportation. (Sec. 8) Directs the Secretary to establish an enforcement process with respect to employer application violations, including: (1) written notice of finding and opportunity for administrative appeal; (2) payment of back wages; (3) civil monetary penalties; and (4) temporary and permanent program disqualification. (Sec. 9) Amends the Immigration and Nationality Act to replace the existing H-2A temporary agricultural worker admissions program with an alternative admissions program. Sets forth provisions regarding: (1) admissibility criteria; (2) length of stay; (3) abandonment of employment; (4) issuance of identification and employment documents; and (5) extension of stay for aliens in the United States. Establishes a trust fund in the Treasury to administer such program, and to provide monetary incentives for alien workers to return to their country of origin upon a finding by the Attorney General that such financial inducements are necessary to assure departures. Prohibits admission of H-2A alien family members. (Sec. 10) Includes certain H-2A workers who have complied with applicable visa conditions in the employment-based immigration preference allocation. (Sec. 11) Amends the Head Start Act to make certain seasonal agricultural worker families eligible for the migrant and seasonal (as added by this section) Head Start program. Increases the set-aside for specified Head Start programs. (Sec. 13) States that additional funds for the registry program, if necessary, shall come from amounts available to Federal and State entities under the Wagner-Peyser Act.
United States · United States Congress · 17 July 1998
TABLE OF CONTENTS: Title I: Patients' Bill of Rights Subtitle A: Right to Advice and Care Subtitle B: Right to Information about Plans and Providers Subtitle C: Right to Hold Health Plans Accountable Title II: Individual Rights with Respect to Personal Medical Information Subtitle A: Access to Medical Records Subtitle B: Establishment of Safeguards Subtitle C: Enforcement; Definitions Title III: Genetic Information and Services Title IV: Healthcare Quality Research Title V: Women's Health Research and Prevention Subtitle A: Provisions Relating to Women's Health Research at the National Institutes of Health Subtitle B: Provisions Relating to Women's Health at the Centers for Disease Control and Prevention Subtitle C: Women's Health and Cancer Rights Title VI: Enhanced Access to Health Insurance Coverage Patients' Bill of Rights Act - Title I: Patients' Bill of Rights - Subtitle A: Right to Advice and Care - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan covering emergency medical care to provide coverage, without requiring preauthorization, for appropriate emergency medical screening examinations to the extent that a prudent layperson, possessing an average knowledge of health and medicine, would determine such examinations to be necessary to determine whether emergency medical care is necessary. (Sec. 101) Requires a plan to cover additional emergency medical services following such an examination to the extent that a prudent emergency medical professional would determine such services to be necessary to avoid specified serious consequences. Requires a plan (other than a small employer's plan) providing benefit coverage only through a defined set of participating health care professionals to offer the option of point-of-service coverage (of the same benefits provided by a nonparticipating health care professional), unless the plan offers multiple issuer or coverage options. Requires any plan offering gynecological, obstetric, or pediatric care not to require prior authorization from a participant's primary care provider if such provider is not a gynecologist, obstetrician, or pediatrician. Requires a plan to permit a participant or beneficiary undergoing a course of treatment to continue such treatment for a period of time even though the contract between the plan and a health care provider is terminated, or the schedule of benefits or coverage is terminated by a change in the terms of the provider's participation in the plan. Specifies a 90-day continuation of coverage generally, and other transitional periods for institutionalization (until discharge), pregnancy (through post-partum care), and terminal illness (remainder of life). Declares that a plan shall not prohibit a health care professional from advising a patient about the patient's health status, medical care, or treatment for the patient's condition or disease, regardless of whether coverage for such care or treatment is provided under the contract, if the professional is acting within the lawful scope of the practice. Applies the requirements of this subtitle to group health plans, but not to a health insurance issuer licensed by a State and subject to State insurance regulation while engaged in the business of insurance in such State. Subtitle B: Right to Information about Plans and Providers - Requires plans and group health insurance issuers to disclose specified plan information to enrollees and (upon request) potential enrollees. (Sec. 112) Directs the Secretary of Health and Human Services (HHS) to contract with the Institute of Medicine for a study and report to the appropriate congressional committees on: (1) health care professionals information currently available to patients, consumers, States, and professional societies, nationally and on a State-by-State basis; (2) the legal and other barriers to the sharing of information about health care professionals; and (3) recommendations for disclosure of such information on health care professionals, including their competencies and professional qualifications, to better facilitate patient choice, quality improvement, and market competition. Subtitle C: Right to Hold Health Plans Accountable - Revises requirements for plan provision of a procedure for appealing denied claims. (Sec. 121) Requires a plan or health insurance issuer conducting utilization review to have: (1) specified procedures in place for coverage determinations, including expedited determinations; (2) written procedures for addressing grievances between a plan and enrollees; (3) an internal procedure for coverage determination appeals; and (4) an external review procedure for enrollee appeals, involving specified entities and independent medical experts, whose determination shall be binding. Prescribes external review standards. Directs the General Accounting Office to study and report to the appropriate congressional committees on a statistically appropriate sample of completed external reviews. Title II: Individual Rights with Respect to Personal Medical Information - Personal Medical Information Access Act - Subtitle A: Access to Medical Records - Amends ERISA to require any health care provider, health plan, employer, health or life insurer, school, or university, except in specified circumstances, to: (1) permit an individual who is the subject of protected health information (or the individual's designee) to inspect and copy protected health information concerning the individual; (2) amend such information upon the individual's request; and (3) make reasonable efforts to inform any person to whom the unamended portion of the information was previously disclosed of any nontechnical amendment that has been made. (Sec. 212) Prescribes procedures for: (1) an entity's denial of a request to amend such information; and (2) an individual's filing of a statement of disagreement with such denial, which shall accompany any subsequent disclosure of the disputed portion of the information. (Sec. 213) Requires any health care provider, health plan, employer, health or life insurer, school, or university to post notice of the entity's confidentiality practices, including specified information. Requires the Secretary to develop and disseminate model notices of confidentiality practices. Subtitle B: Establishment of Safeguards - Requires any health care provider, health plan, employer, health or life insurer, school, or university to establish and maintain appropriate administrative, technical, and physical safeguards to protect the confidentiality, security, accuracy, and integrity of protected health information the entity creates, receives, obtains, maintains, uses, transmits, or disposes of. Subtitle C: Enforcement; Definitions - Prescribes civil money penalties for substantial and material failure to comply with this Act. (Sec. 232) Sets forth definitions. Title III: Genetic Information and Services - Genetic Information Nondiscrimination in Health Insurance Act of 1998 - Amends ERISA, the Public Health Service Act (PHSA), and the Internal Revenue Code to prohibit a health care plan or health insurance issuer from restricting enrollment or adjusting premium or contribution amounts for a group on the basis of predictive genetic information concerning an individual in the group or a family member of the individual (including information about a request for or receipt of genetic services). (Sec. 302) Prohibits a plan or issuer from requesting or requiring predictive genetic information concerning an individual or a family member of the individual (including information about a request for or receipt of genetic services). Permits a plan or issuer to request, but not require, such information for diagnosis, treatment, or payment purposes only. Title IV: Healthcare Quality Research - Healthcare Quality Research Act of 1998 - Amends PHSA to establish within the Public Health Service (PHS) an Agency for Healthcare Quality Research to replace the current Agency for Health Care Policy and Research. (Sec. 402) Directs the Agency to identify and disseminate methods or systems used to assess healthcare research results, particularly to rate the strength of the scientific evidence behind healthcare practice and technology recommendations in the research. Requires the Agency to employ research strategies and mechanisms that will link research directly with clinical practice in geographically diverse locations throughout the United States, including: (1) Healthcare Improvement Research Centers that combine demonstrated multidisciplinary expertise in outcomes or quality improvement research with linkages to relevant sites of care; (2) Practice-based Research Networks, including plan, facility, or delivery system sites of care (especially primary care), that can evaluate and promote quality improvement; and (3) other innovative mechanisms or strategies. Directs the Agency to: (1) award grants to enable eligible entities at geographically diverse locations throughout the United States to carry out research training programs dedicated to health services research training at the doctoral, post-doctoral, and junior faculty levels; and (2) provide specified scientific and technical support for private and public efforts to improve healthcare quality, including accrediting organizations. Directs the Secretary, acting through the Agency Director, to establish a demonstration program of grants for one or more centers to conduct: (1) state-of-the-art clinical research on drugs, biological products, and devices; (2) research on the comparative effectiveness, cost-effectiveness, and safety of drugs, biological products, and devices; and (3) other appropriate activities (excluding the review of new drugs). Requires the Agency Director to: (1) collect certain data on the cost and quality of healthcare; (2) support research on and initiatives to advance the use of information systems for the study of healthcare quality; and (3) provide ongoing administrative, research, and technical support for the Preventive Services Task Force, which shall review scientific evidence on the effectiveness, appropriateness, and cost-effectiveness of clinical preventive services regarding their usefulness in daily clinical practice. Establishes within the Agency a Center for Primary Care Delivery Research to serve as the principal funding source for HHS primary care delivery research and demonstrations with respect to the first contact when illness or health concerns arise, the diagnosis, treatment or referral to specialty care, preventive care, and the relationship between the clinician and the patient in the context of the family and community. Requires the Agency Director by specified activities to promote innovation in evidence-based clinical practice and healthcare technologies. Requires the Secretary, acting through the Director, to coordinate all research, evaluations, and demonstrations related to health services research and quality measurement and improvement activities undertaken and supported by the Federal Government. Requires the Secretary to contract with the Institute of Medicine to: (1) describe and evaluate current quality improvement research and monitoring processes; and (2) recommend options to improve the efficiency and effectiveness of such processes, and optimize public- private sector accreditation bodies. Directs the Secretary, acting through the Director, to establish a nonprofit, nongovernmental Foundation for Healthcare Research, which shall: (1) support the Agency and foster public-private partnerships to support Agency programs and activities; (2) advance collaboration with healthcare researchers from universities, industry, and nonprofit organizations; and (4) develop linkages with users of healthcare and quality research. Requires the Secretary, acting through the Agency Director, to make grants each fiscal year to support the Foundation. Establishes an Advisory Council for Healthcare Quality Research to replace the current Advisory Council for Health Care Policy, Research, and Evaluation. Requires the Agency Director to establish technical and scientific peer review groups to review each application for a grant, cooperative agreement, or contract under this title. Repeals the mandates for: (1) a demonstration program regarding centers for education and research on therapeutics; and (2) the Office of the Forum for Quality and Effectiveness in Health Care. Authorizes appropriations. (Sec. 404) Requires the Secretary, within 30 days after enactment of any Act providing for a qualifying health care benefit, to evaluate scientifically and report to the appropriate congressional committees on: (1) the safety, efficacy, cost, benefits and value of such benefit; (2) alternative approaches in improving care compared with such benefit; and (3) the benefit's overall impact on health care as measured through research. Title V: Women's Health Research and Prevention - Women's Health Research and Prevention Amendments of 1998 - Subtitle A: Provisions Relating to Women's Health Research at the National Institutes of Health - Amends PHSA to extend the authorization of appropriations for research on the drug diethylstilbestrol (commonly known as DES). Directs the Secretary, acting through PHS agency heads, to carry out a national program to educate health professionals and the public about DES. (Sec. 512) Extends the authorization of appropriations for research on: (1) osteoporosis, Paget's disease, and related bone disorders; (2) breast and ovarian cancers; and (3) aging processes relating to women. (Sec. 514) Requires the Director of the National Heart, Lung, and Blood Institute to expand, intensify, and coordinate research and related activities with respect to heart attack, stroke, and other cardiovascular diseases in women. (Sec. 516) Requires the Director of the National Institutes of Health (currently, the Director of the Office of Research on Women's Health) to appoint members of the Advisory Committee on Research on Women's Health. Subtitle B: Provisions Relating to Women's Health at the Centers for Disease Control and Prevention - Amends PHSA to extend the authorization of appropriations for: (1) the National Center for Health Statistics; (2) the National Program of Cancer Registries; (3) the National Breast and Cervical Cancer Early Detection Program; (4) Centers for Research and Demonstration of Health Promotion; and (5) community programs on domestic violence. (Sec. 523) Authorizes a State receiving a Federal grant to make grants to or contract with for-profit private entities to carry out programs of preventive health measures for breast and cervical cancers. Subtitle C: Women's Health and Cancer Rights - Women's Health and Cancer Rights Act of 1998 - Amends ERISA, PHSA, and the Internal Revenue Code to require certain group health plans and health insurance issuers to ensure specified minimum coverage regarding: (1) breast cancer mastectomies, lumpectomies, and lymph node dissections; (2) post-mastectomy breast reconstruction on both breasts; and (3) the costs of prostheses and complications of mastectomy, including lymphedemas. Prohibits: (1) denial of eligibility to a patient, and other related practices, solely to avoid the requirements of this subtitle; (2) incentives or rebates to encourage individuals to accept less than the minimum coverage; and (2) certain penalties or incentives to providers to evade application of this subtitle. (Sec. 535) Amends PHSA to apply the same requirements to health insurance issuers in the individual market. (Sec. 537) Directs the Agency for Health Care Policy and Research to study and report to the appropriate congressional committees on the scientific issues relating to prevention and treatment of breast cancer. Title VI: Enhanced Access to Health Insurance Coverage - Amends the Internal Revenue Code to: (1) allow the annual carryover of up to $500 of unused benefits from cafeteria plans, flexible spending arrangements, and health flexible spending accounts; (2) allow a full deduction from gross income of the health insurance costs of self-employed individuals; and (3) repeal the limitation of the availability of medical savings accounts (MSAs) to employees of small employers and the self-employed. (Sec. 603) Reduces from $1,500 to $1,000 (self-only coverage) and from $3,000 to $2,000 (family coverage) the minimum annual deductible of a high deductible health plan. Revises the formula for the monthly limitation on the allowable deduction for MSAs to increase the contribution limit to 100 percent of the annual deductible under a high deductible health plan. Waives the additional tax on MSA distributions not used for qualified medical expenses to the extent any payment or distribution does not reduce the fair market value of the MSA assets to an amount less than the annual deductible for the account holder's high deductible health plan. (Sec. 604) Authorizes the Office of Personnel Management to contract for or approve catastrophic FEHBP plans, whose covered expenses exceed $500. Amends Federal civil service law, with respect to Government contributions under the Federal Employees Health Benefits Program (FEHBP), to require an additional Government contribution, according to a certain formula, to an individual's MSA with respect to a catastrophic plan. Increases the Government's biweekly contribution to an employee's or annuitant's FEHBP catastrophic plan from 75 percent to 100 percent of the subscription charge.
United States · United States Congress · 13 July 1998
Amends the Older Americans Act of 1965 to extend through FY 2001 the authorization of appropriations for: (1) the Federal Council on the Aging; (2) administration; (3) grants for State and community programs on aging; (4) the availability of surplus commodities; (5) training, research, and discretionary projects and programs; (6) community service employment for older Americans; (7) grants for Native Americans; (8) allotments for Vulnerable Elder Rights Protection activities; and (9) the Native American program.
United States · United States Congress · 9 July 1998
Agriculture Export Relief Act of 1998 - Amends the Arms Export Control Act to exempt Department of Agriculture assistance for the purchase or other provision of food or other agricultural commodities (including fertilizer, medicines, and medical equipment) from the prohibition against extensions of U.S. Government credit, credit guarantees, or other financial assistance to countries involved in the transfer or use of nuclear explosive devices. Declares that such assistance shall be available only to the extent that an official budget request that includes designation of such assistance as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) is transmitted by the President to the Congress.
United States · United States Congress · 7 July 1998
Declares that the Congress affirms: (1) its longstanding commitment to Taiwan in accordance with the Taiwan Relations Act; (2) its expectation that the future of Taiwan will be determined by peaceful means with the consent of the people of Taiwan and that it considers any effort to determine Taiwan's future by other than peaceful means a threat to the peace and security of the Western Pacific and of grave concern to the United States; (3) its commitment to make available to Taiwan such defense articles and services as may be necessary to enable Taiwan to maintain a sufficient self-defense capability; and (4) its commitment that only the President and Congress shall determine the nature and quantity of defense articles and services needed by Taiwan. Urges the President to seek a public renunciation by the People's Republic of China of any use of force, or threat to use force, against democratic Taiwan.
United States · United States Congress · 26 June 1998
National Wildlife Refuge System Volunteer and Partnership Enhancement Act of 1998 - Amends the Fish and Wildlife Act of 1956 to provide that any gift or bequest made for the benefit of a particular national wildlife refuge or complex of refuges shall be disbursed only for such refuge's or refuges' benefit. Authorizes Federal matching funds. (Sec. 4) Directs the Secretary of the Interior (Secretary) to conduct a volunteer coordinator pilot project in at least two refuges (but not more than 20 nationwide) in each United States Fish and Wildlife Service region. Authorizes appropriations. Authorizes the Secretary and the Secretary of Commerce to provide volunteers in the United States Fish and Wildlife Service and the National Oceanic and Atmospheric Administration with awards and recognition, including nominal cash awards. Authorizes the Secretary to establish a Senior Volunteer Corps. (Sec. 5) Authorizes the Secretary to enter into cooperative agreements with community partnership organizations (private, corporate, academic, or State or local) to implement refuge related programs. Authorizes Federal matching funds. (Sec. 6) Directs the Secretary to develop guidance for, and programs of, refuge education. (Sec. 7) Authorizes appropriations.
United States · United States Congress · 25 June 1998
Amends the Idaho Admission Act regarding school land lease or sale to provide for: (1) establishment of an earnings reserve fund; (2) authorization of a land bank fund for additional land purchases; and (3) elimination of land lease-time restrictions.
United States · United States Congress · 24 June 1998
Education Flexibility Amendments of 1998 - Amends the Goals 2000: Educate America Act to authorize the Secretary of Education to allow all States to participate in the Education Flexibility Partnership Demonstration Act program. Directs the Secretary to make available funds to carry out such program for FY 1999 through 2003.
United States · United States Congress · 23 June 1998
Lewis and Clark Expedition Bicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar and half-dollar coins emblematic of the expedition of Lewis and Clark. Allocates surcharges from coin sales between the National Lewis and Clark Bicentennial Council and the National Park Service for activities associated with the bicentennial commemoration of the expedition.
United States · United States Congress · 16 June 1998
Superfund Recycling Equity Act of 1998 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental regulations or standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard or if such material is an item of scrap paper containing, at the time of recycling, a concentration of a hazardous substance determined to present a significant human health or environmental risk.
United States · United States Congress · 11 June 1998
Amends the Arms Export Control Act to exempt Department of Agriculture assistance for the purchase or other provision of food or other agricultural commodities from the prohibition against extensions of U.S. Government credit, credit guarantees, or other financial assistance to countries involved in the transfer or use of nuclear explosive devices.
United States · United States Congress · 10 June 1998
Disapproves the rule submitted by the Health Care Financing Administration, Department of Health and Human Services, on June 1, 1998, relating to surety bond requirements for home health agencies under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act.
United States · United States Congress · 22 May 1998
Congratulates the Philippines on the commemoration of its independence from Spain. Recognizes and supports the relationship between the Philippines and the United States. Supports Philippine efforts to strengthen democracy, human rights, the rule of law, and expansion of free market economics.
United States · United States Congress · 20 May 1998
National Fish and Wildlife Foundation Establishment Act Amendments of 1998 - Amends the National Fish and Wildlife Foundation Establishment Act (Act) to expand the National Fish and Wildlife Foundation's authority to accept and administer private gifts within the Departments of Commerce and the Interior. (Sec. 3) Increases the Foundation's Board of Directors from 15 to 25 members, including the Director of the United States Fish and Wildlife Service and the Under Secretary of Commerce for Oceans and Atmosphere. (Sec. 4) Authorizes the Foundation to have its principal offices in Washington, D.C. (as currently provided), or in the bordering counties of Maryland and Virginia. Sets forth conditions for the Foundation to: (1) acquire and convey property, including agency approval; and (2) invest and deposit Federal funds. Amends the Wild Bird Conservation Act of 1992 to repeal specified grant and audit provisions with respect to the Foundation. (Sec. 5) Authorizes appropriations for the Departments of Commerce and the Interior to carry out activities under the Act. Authorizes the Foundation to accept funds from a Federal agency under any other Federal law to further its conservation activities. Sets forth matching fund requirements.
United States · United States Congress · 19 May 1998
Expresses the sense of the Senate that: (1) the European Union should take immediate steps to waive the penalty for failure to use restitution subsidies for barley exported to the United States and establish procedures to ensure that restitution and other subsidies are not used for sales of agricultural commodities to the United States or other North American countries; (2) the President, the United States Trade Representative (USTR), and the Secretary of Agriculture should immediately consult with the European Union regarding the sale of European feed barley to the United States in order to avoid any future sale of such barley to the United States that is based on restitution or other subsidies; and (3) the USTR and the Secretary should report to the Congress on the terms and conditions of such sale, the results of the consultations, and the steps that are being taken or will be taken to address such situations in the future.
United States · United States Congress · 13 May 1998
Farm and Ranch Risk Management Act - Amends the Internal Revenue Code to allow individuals engaged in eligible farming businesses to deduct from gross income for any taxable year the amount (limited to 20 percent of the individual's taxable income for the year) paid into an interest-bearing Farm and Ranch Risk Management (FARRM) Account, created for the taxpayer's exclusive benefit. Requires withdrawal of contributions within five years, upon which they are taxable as ordinary income in the year of withdrawal. Deems a distribution, subject to income tax, of any deposits not actually distributed within five years, and prescribes an additional penalty tax of ten percent of any such deemed distribution.
United States · United States Congress · 12 May 1998
TABLE OF CONTENTS: Title I: Privacy Protection for Communications and Electronic Information Title II: Law Enforcement Assistance Title III: Exports of Encryption Products Encryption Protects the Rights of Individuals from Violation and Abuse in CYberspace (E-PRIVACY) Act - Title I: Privacy Protection for Communications and Electronic Information - Prohibits any person within the United States, and any U.S person in a foreign country, from using, developing, manufacturing, selling, distributing, or importing any encryption product, except as provided by this Act. Prohibits any U.S. agency or State from requiring, compelling, setting standards for, or conditioning any approval or the receipt of any benefit on, a requirement that a decryption key, access to a decryption key, key recovery information, or other plaintext access capability be: (1) given to any other person, including any U.S. or State agency, or any private sector entity; or (2) retained by any person using encryption. Prohibits any U.S. agency from requiring any person who is not an employee or agent of the United States or a State from using any key recovery or other plaintext access features for communicating or transacting business with any U.S. agency. Makes such prohibitions inapplicable to encryption used solely for the internal operations and telecommunications systems of the United States or a State. Directs that the use, development, manufacture, sale, distribution, and import of encryption products, standards, and services for purposes of assuring the confidentiality, authenticity, or integrity or access control of electronic information be voluntary and market driven. Prohibits any U.S. or State agency from establishing any condition, tie, or link between encryption products, standards, and services used for confidentiality and those used for authentication, integrity, or access control purposes. (Sec. 102) Authorizes a U.S. agency to purchase encryption products for: (1) the internal operations and telecommunications systems of the agency; or (2) use by, among, and between that agency and any other U.S. agency, and its employees or contractors. Prohibits the United States from purchasing any encryption product with a key recovery or other plaintext access feature that would interfere with use of the product's full encryption capabilities when interoperating with other commercial encryption products. (Sec. 103) Amends the Federal criminal code to authorize a governmental entity to require the disclosure of the contents of an electronic record in networked electronic storage: (1) by a provider of a remote computing service only if the person who created the record is accorded the same protections that would be available if the record had remained in that person's possession; and (2) only pursuant to a warrant or subpoena issued under the Federal Rules of Criminal Procedure or equivalent State warrant (subject to specified requirements), or upon the consent of the person who created the record. (Sec. 104) Requires a provider of mobile electronic communication service to provide to a governmental entity information generated by and disclosing, on a real time basis, the physical location of a subscriber's equipment only if the governmental entity obtains a court order issued upon a finding that there is probable cause to believe that an individual using or possessing the subscriber equipment is committing, has committed, or is about to commit a felony offense. (Sec. 105) Authorizes the court to enter an ex parte order: (1) authorizing the installation and use of a pen register or a trap and trace device within the court's jurisdiction if the court finds, based on the certification by the attorney for the Government or the State law enforcement or investigative officer, that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation; and (2) directing that the use of the pen register or trap and trace device be conducted in such a way as to minimize the recording or decoding of any electronic or other impulses that are not related to the dialing and signaling information utilized in call processing. Title II: Law Enforcement Assistance - Prohibits and sets penalties for knowingly and willfully, during the commission of a Federal felony, encrypting any incriminating communication or information relating to that felony with intent to conceal it to avoid detection by a law enforcement agency or prosecutor. Requires that an order authorizing the interception of a wire or electronic communication in criminal investigations and in foreign intelligence investigations, upon request of the applicant, direct that a provider of wire or electronic communication service furnish the applicant with the necessary decryption assistance, if the court finds that such assistance is necessary, subject to specified requirements. Prohibits: (1) persons possessing information capable of decrypting a wire or electronic communication of another person from disclosing that information or providing decryption assistance to an investigative or law enforcement officer, other than pursuant to an order under this Act; (2) disclosing a decryption key or providing decryption assistance pertaining to the contents of stored electronic communications or records to a governmental entity, with exceptions (and authorizes a delay in service of the copy of the warrant or subpoena on the person who created the communication under specified circumstances); and (3) any investigative or law enforcement officer from releasing a decryption key to a foreign government or to a law enforcement agency of a foreign government, or providing decryption assistance to such government or agency unless specified conditions are met. Establishes in the Department of Justice a National Electronic Technologies Center. Authorizes appropriations. Title III: Exports of Encryption Products - Grants the Secretary of Commerce exclusive authority to control exports of encryption products. (Sec. 302) Specifies that an encryption product that is generally available, or incorporates or employs in any form, implementation, or medium an encryption product that is generally available, shall be exportable without the need for an export license and without restrictions, other than those permitted under this Act, after a one-time 15-day technical review by the Secretary. Authorizes the manufacturer or exporter of an encryption product to request written assurance from the Secretary that an encryption product is considered generally available for such purposes. Directs the Secretary to make a determination whether to issue a written assurance within 30 days after receiving a request and notify the requester. Specifies that a manufacturer or exporter who obtains such assurance shall not be held liable, responsible, or subject to sanctions for failing to obtain an export license for the encryption product at issue. (Sec. 303) Provides that any product that does not itself provide encryption capabilities, but that incorporates or employs cryptographic application programming interfaces, shall be exportable without the need for an export license and without restrictions, other than those permitted under this Act, after a one-time, 15-day technical review by the Secretary. (Sec. 304) Specifies that: (1) technical assistance and technical data associated with the installation and maintenance of encryption products covered by sections 302 (license exception for mass market products) and 303 (license exception for products without encryption capable of working with encryption products) shall be exportable without the need for an export license and without restrictions, other than those permitted under this Act; and (2) an encryption product not qualifying under section 302 shall be exportable without the need for an export license and without restrictions, other than those permitted under this Act, after a one-time 15-day technical review by the Secretary, if an encryption product utilizing the same or greater key length or otherwise providing comparable security to such product, is, or will be within the next 18 months, commercially available outside the United States from a foreign supplier. Establishes the Encryption Export Advisory Board. Sets forth provisions regarding the Secretary's approval or disapproval of determinations by the Board and judicial review. Specifies that a product that incorporates or employs a foreign product, in the way it was intended to be used and that the Board has determined to be commercially available outside the United States, shall be exportable without the need for an export license and without restrictions other than those permitted under this Act, after a one-time 15-day technical review by the Secretary. (Sec. 306) Prohibits the Government from restricting the export of encryption products used for nonconfidentiality purposes. Specifies that those encryption products previously decontrolled and not requiring an export license as of January 1, 1998, as a result of administrative decision or rulemaking, shall not require an export license. (Sec. 307) Provides that nothing in this Act shall be construed to limit the President's authority under specified Acts to: (1) prohibit the export of encryption products to countries that have been determined to repeatedly provide support for acts of international terrorism; or (2) impose an embargo on exports to, and imports from, a specific country. Directs the Secretary to: (1) prohibit the export of particular encryption products to an individual or organization in a specific foreign country identified by the Secretary if the Secretary determines that there is substantial evidence that such encryption products will be used for military or terrorist end-use; and (2) identify foreign barriers to exports of U.S. encryption products, initiate appropriate actions to address such barriers and report to the Congress on actions taken under this section.
United States · United States Congress · 30 April 1998
Expresses the sense of the Senate that: (1) the European Union should take immediate steps to cancel the sale of European feed barley to the United States and establish procedures to ensure that restitution and other subsidies are not used for sales of agricultural commodities to the United States or other North American countries; (2) the President, the United States Trade Representative (USTR), and the Secretary of Agriculture should immediately investigate the sale of European feed barley to the United States and prevent any future sale of such commodities to the United States or other North American countries that is based on restitution or other subsidies; and (3) the USTR and the Secretary should report to the Congress on the terms and conditions of such sale and the steps that have been taken to cancel, and prevent the recurrence of, such sales in the future.
United States · United States Congress · 29 April 1998
Recognizes the historic significance of the 50th anniversary of the reestablishment of the State of Israel. Commends the Israeli people for their achievements in building a new state and a pluralistic democratic society in the Middle East. Reaffirms the bonds of friendship and cooperation between the United States and Israel. Extends congratulations and best wishes to the State of Israel and her people for a peaceful, prosperous, and successful future.
United States · United States Congress · 22 April 1998
Congratulates the U.S. Army Reserve on the 90th anniversary of its establishment on April 23, 1998. Recognizes and commends the Army Reserve for its service and recognizes Strom Thurmond, the president pro tempore of the Senate, for 36 years of service with distinction in the Army Reserve.
United States · United States Congress · 27 March 1998
American Missile Protection Act of 1998 - States as U.S. policy to deploy as soon as technologically possible an effective National Missile Defense system capable of defending U.S. territory against limited ballistic missile attack (whether accidental, unauthorized, or deliberate).
United States · United States Congress · 27 March 1998
Department of Energy Small Business and Industry Partnership Enhancement Act of 1998 - Amends the Atomic Energy Act of 1954 to direct the Nuclear Regulatory Commission (NRC) to make arrangements for the conduct of technology research and development activities within the mission of the Department of Energy (DOE). Revises NRC authority to conduct research and development activities and studies for others in its own contractor-operated facilities where private facilities are inadequate for the purposes. Prohibits the Secretary of Energy, when conducting such activities for others, from recovering more than the full cost of work incurred at DOE contractor-operated facilities. Declares that any costs incurred by DOE in connection with work performed by contractor-operated DOE facilities shall be funded from DOE departmental administration accounts. Prescribes guidelines for charges a DOE contractor-operated facility may assess for work performed for a non-DOE entity (external customer). Requires the Secretary and each contractor operating a DOE facility to develop jointly a system of measurements (metrics) to determine levels of specific areas of performance, which shall subsequently be specified in the contract for operation of a contractor-operated facility, and which shall be used to evaluate the effectiveness of the facility's partnership development. Instructs the Secretary to encourage partnerships and interactions with universities and private industry at each contractor-operated facility. Makes development and expansion of partnerships and interactions with universities and private industry a component in evaluating the annual performance of each contractor-operated facility. Requires each contractor operating a DOE facility to create a small business technology partnership program at each such facility. Requires the Secretary to evaluate program effectiveness annually with each contractor to ensure opportunities for small businesses to interact with and use the resources of each contractor-operated facility. Requires the use of program funds to cover a contractor-operated facility's costs of interactions with small businesses. Prohibits the use of such funds for direct monetary grants to small businesses.
United States · United States Congress · 26 March 1998
TABLE OF CONTENTS: Title I: Department of State Activities Title II: Commission on International Religious Persecution Title II: National Security Council Title IV: Sanctions Subtitle I: Targeted Responses to Religious Persecution Abroad Subtitle II: Strengthening Existing Law Title V: Promotion of Religious Freedom Title VI: Refugee, Asylum, and Consular Matters Title VII: Miscellaneous Provisions International Religious Freedom Act of 1998 - Declares it to be U.S. policy to: (1) condemn religious persecution, and to promote, and to assist other governments in the promotion of, the fundamental right to religious freedom; and (2) seek to channel U.S. security and development assistance to governments that are found not to be engaged in gross violations of human rights, including the right to religious freedom. Title I: Department of State Activities - Establishes within the Department of State an Office on International Religious Freedom which shall be headed by an Ambassador at Large on International Religious Freedom. (Sec. 102) Directs the Ambassador at Large to assist the Secretary of State in preparing those portions of the Human Rights Reports that relate to freedom of religion and religious discrimination, and to submit to the appropriate congressional committees, in conjunction with the Human Rights Reports, an Annual Report on Religious Persecution: (1) identifying foreign countries that engage in or tolerate acts of religious persecution; and (2) describing U.S. policies in support of religious freedom in such countries. (Sec. 103) Requires the Ambassador at Large, in order to facilitate access by nongovernmental organizations (NGOs) and the public around the world to international documents on the protection of religious freedom, to establish an Internet site containing major international documents relating to religious freedom, the Annual Report on Religious Persecution, and any other relevant documentation or references to other sites. (Sec. 104) Amends the Foreign Service Act of 1980 to direct the Secretary and the Ambassador at Large to establish as part of the standard training for Foreign Service officers, including chiefs of mission, instruction in the field of internationally-recognized human rights. (Sec. 105) Directs U.S. chiefs of mission to seek out and meet with religious NGOs, including imprisoned religious leaders where appropriate. (Sec. 106) Expresses the sense of the Congress that: (1) U.S. diplomatic missions in countries where the government engages in or tolerates religious persecution should develop, as part of annual program planning, a strategy to promote freedom of religion; and (2) in allocating funds or recommending candidates for U.S. programs and grants, U.S. missions should give particular consideration to those programs and candidates deemed to assist in the promotion of the right to religious freedom. (Sec. 107) Directs the Secretary to permit, on terms no less favorable than that accorded other nongovernmental activities, access to the premises of U.S. diplomatic missions by U.S. citizens seeking to conduct religious activities. (Sec. 108) Expresses the sense of the Congress that, in order to encourage involvement with religious persecution concerns at every possible opportunity and by all appropriate U.S. Government representatives, officials of the executive branch should promote increased advocacy with respect to the preparation of issue briefs consisting of lists of persons believed to be imprisoned for their religious faith during meetings between executive branch and congressional leaders and foreign dignitaries. Title II: Commission on International Religious Persecution - Establishes the United States Commission on International Religious Persecution. (Sec. 202) Makes the Commission's primary responsibility to: (1) consider the facts and circumstances of religious persecution presented in the Annual Report on Religious Persecution, as well as information from other appropriate sources; and (2) make appropriate policy recommendations to the President, the Secretary, and the Congress. Title III: National Security Council - Amends the National Security Act of 1947 to express the sense of the Congress that there should be within the staff of the National Security Council a Special Adviser to the President on Religious Persecution, serving as a resource for executive branch officials, compiling information on the facts and circumstances of religious persecution and violations of religious freedom, and making policy recommendations. Title IV: Sanctions - Subtitle I: Targeted Responses to Religious Persecution Abroad - Directs the President, for each foreign country in which the government engages in or tolerates religious persecution, to oppose that persecution by certain measures and promote the right to freedom of religion in that country. Prescribes a procedure for determining, before the President imposes any sanctions or commensurate actions, whether a foreign government has engaged in a consistent pattern of gross violations of the right to religious freedom. (Sec. 403) Directs the President to: (1) consult with the violating foreign government prior to imposing such sanctions; and (2) report to the Congress. (Sec. 405) Specifies among the measures and sanctions the President may take: (1) public condemnation; (2) cancellation of scientific and cultural exchanges; (3) withdrawal, limitation, or suspension of U.S. development assistance and U.S. security assistance; (4) withdrawal, limitation, or suspension of certain preferential tariff treatment; (5) instruction of U.S. executive directors of international financial institutions to vote against loans primarily benefiting the foreign government responsible for such persecution; (6) restrictions on the issuance of licenses to export any goods or technology to such foreign government; (7) prohibition against the making, guaranteeing, or insuring of loans, or extension of credit by certain U.S. financial institutions to the violating government; and (8) prohibition of U.S. Government procurement of goods or services from such government. Provides for commensurate actions in substitution for any of such measures and sanctions. Declares that any such action may not: (1) prohibit or restrict the provision of humanitarian assistance; or (2) impede any U.S. Government action to enforce the right to maintain intellectual property rights. (Sec. 407) Authorizes the President to waive the requirements of this Act if certain conditions are met. (Sec. 409) Provides for congressional review of any sanctions imposed, or the waiver of any requirements, under this Act. Subtitle II: Strengthening Existing Law - Amends the Foreign Assistance Act of 1961 and the International Financial Institutions Act to add as a factor for consideration in formulating U.S. development assistance, military assistance, and multilateral assistance programs whether the government of a foreign country has: (1) engaged in gross violations of the right to freedom of religion; or (2) failed to undertake serious and sustained efforts to combat gross violations of the right to freedom of religion, when such efforts could have been reasonably undertaken. (Sec. 423) Requires the inclusion on the list of crime control and detection instruments or equipment controlled for export or reexport under the Export Administration Act of 1979 (and so subject to mandatory licensing) items the Secretary of State has determined are being used or are intended for use directly and in significant measure to carry out gross violations of the right to freedom of religion. Declares that the prohibition on the issuance of a license for export of crime control and detection instruments or equipment under the Foreign Assistance Act of 1961 shall apply to the export or reexport of such items. Title V: Promotion of Religious Freedom - Amends the Foreign Assistance Act of 1961 to authorize the use of development assistance funds to carry out programs and activities in foreign countries which will encourage and promote the right to free religious belief and practice. (Sec. 502) Amends the International Broadcasting Act of 1994 and the Mutual Educational and Cultural Exchange Act of 1961 with respect to promoting respect for freedom of religion. (Sec. 504) Amends the Foreign Service Act of 1980 to state that service in the promotion of internationally recognized human rights, including the right to religious freedom, shall serve as a basis for the award of performance pay and Foreign Service awards to Foreign Service employees. Title VI: Refugee, Asylum, and Consular Matters - Requires the Annual Report on Religious Persecution to serve as a resource for immigration judges and consular, refugee, and asylum officers in cases involving claims of persecution on the grounds of religion. (Sec. 602) Directs the Attorney General to provide all U.S. officials adjudicating refugee cases with the same training provided to officers adjudicating asylum cases, including training on the right to religious freedom and religious persecution. Requires the Attorney General and the Secretary of State to develop and implement guidelines that address potential hostile biases in Immigration and Naturalization Service personnel hired abroad and involved with duties which could constitute an effective barrier to a refugee claim if such personnel carry a hostile bias toward the claimant on the grounds of religion, race, nationality, membership in a particular social group or political opinion. Requires the Attorney General and the Secretary of State to: (1) develop guidelines to ensure uniform procedures to the extent possible with Joint Voluntary Agencies; and (2) ensure that the Joint Voluntary Agencies process is enhanced, and faulty preparation of claims does not result in the failure of a genuine claim to refugee status. (Sec. 603) Requires the Attorney General and the Secretary of State to develop guidelines to ensure that interpreters with hostile biases, including personnel of airlines owned by governments known to be involved in practices which would meet the definition of persecution under international refugee law, shall not in any manner be used to interpret conversations between aliens and inspection or asylum officers. Requires the Attorney General to provide training to all officers adjudicating asylum cases on the right to religious freedom and the nature of religious persecution abroad, including country-specific conditions. Requires the Executive Office of Immigration Review of the Department of Justice to incorporate into its initial and ongoing training of immigration judges training on the extent and nature of religious persecution internationally, including country-specific conditions. (Sec. 604) Amends the Immigration and Nationality Act to make inadmissible for naturalization any alien (including a spouse and children) who, while serving as a foreign government official, directly engaged in gross violations of the right to religious freedom. Title VII: Miscellaneous Provisions - Expresses the sense of the Congress that transnational corporations operating in countries in which the government engages in gross violations of the right to religious freedom should adopt codes of conduct: (1) upholding the right to religious freedom of their employees; and (2) ensuring that a worker's religious views in no way affect the status or terms of his or her employment. (Sec. 702) Expresses the sense of the Congress that in negotiating the definitions of crimes to be included in the subject matter jurisdiction of the International Criminal Court, the President should pursue the inclusion of gross violations of the right to religious freedom, to the extent they fall within the meaning in international law of crimes against humanity or genocide.
United States · United States Congress · 17 March 1998
Declares that the Senate: (1) expresses gratitude to, and calls upon all Americans to show their gratitude to, John McCain and the men who were held as prisoners of war during the Vietnam conflict and for the return of Senator McCain to the United States; and (2) will not forget that more than 2,000 members of the armed forces remain unaccounted for from such conflict and will continue to press for the fullest accounting for such members.
United States · United States Congress · 17 March 1998
Expresses the sense of the Congress that the Government of Costa Rica should: (1) consider fundamental reform to protect the property rights and lives of all law-abiding residents and property owners of Costa Rica from acts of intimidation, violence, and property invasion; and (2) conduct a complete investigation into the death of Max Dalton (a U.S. citizen who was murdered in a dispute with squatters illegally occupying his property in the Pavones region of that country).
United States · United States Congress · 13 March 1998
Tropical Forest Conservation Act of 1998 - Amends the Foreign Assistance Act of 1961 to establish a Tropical Forest Facility in the Department of the Treasury to provide for the administration of debt reduction in accordance with this Act. Makes eligible for Facility benefits developing countries with tropical forests that: (1) meet certain requirements applicable to Latin American and Caribbean countries for eligibility for Enterprise for the Americas Facility benefits; and (2) have put in place major investment reforms, as evidenced by the conclusion of a bilateral investment treaty with the United States, implementation of an investment sector loan with the Inter-American Development Bank, World Bank-supported investment reforms, or other appropriate measures. Authorizes the President to: (1) reduce debt owed to the United States (outstanding as of January 1, 1998) by eligible countries as a result of concessional loans made under the Foreign Assistance Act of 1961 or predecessor foreign economic assistance legislation or credits extended under the Agricultural Trade Development and Assistance Act of 1954; and (2) sell to any eligible purchaser any concessional loans or credits or, on receipt of payment from an eligible purchaser, reduce or cancel such loans or credits (or portion thereof), only for the purpose of facilitating a debt-for-nature swap or debt buyback (by an eligible country of its own qualified debt) to support activities to preserve or restore tropical forests. Authorizes appropriations. Authorizes the Secretary of State to enter into a Tropical Forest Agreement with any eligible country concerning the operation and use of the Tropical Forest Fund which any eligible country must establish in order to receive payments of interest on new obligations issued under this Act. Requires the use of Funds to provide grants to preserve, maintain, and restore tropical forests in beneficiary countries. Provides that grants shall be made to: (1) nongovernmental environmental, conservation, and indigenous peoples organizations in beneficiary countries; (2) other appropriate local or regional entities; and (3) governments of such countries, in exceptional circumstances. Makes grants of more than $100,000 subject to veto by the U.S. Government or the government of the beneficiary country. Directs the Enterprise for the Americas Board established under the Agricultural Trade Development and Assistance Act of 1954 (in addition to its other required duties) to: (1) advise the Secretary of State on the negotiations of Tropical Forest Agreements; (2) ensure that a suitable administering body is identified for each Fund; and (3) review the programs, operations, and fiscal audits of each administering body. Requires the President to report annually to the Congress on the Facility.
![Official portrait of Sen. Kempthorne, Dirk [R-ID]](https://www.congress.gov/img/member/k000088_200.jpg)