United States · United States Congress · 17 June 1998
TABLE OF CONTENTS: Title I: The Children's Firearm Safety Act of 1998 Title II: The Children's Firearms Age Limit Act of 1998 Title III: The Children's Firearm Dealer's Responsibility Act of 1998 Title IV: The Children's Firearm Access Prevention Act of 1998 Title V: The Children's Firearm Injury Surveillance Act of 1998 Title VI: The Children's Firearm Education Act of 1998 Title VII: The Children's Firearm Tracking Act of 1998 Children's Gun Violence Prevention Act of 1998 - Title I: The Children's Firearm Safety Act of 1998 - Amends the Brady Handgun Violence Prevention Act to prohibit the manufacture or importation of an unsafe handgun. Defines "unsafe handgun" as any semiautomatic pistol which does not have a magazine safety disconnect that prevents the pistol from being fired once the magazine or clip is removed from the weapon and any handgun: (1) which the Secretary of the Treasury determines, when new, fires in any of five successive trials in which the handgun is dropped onto a solid slab of concrete from a height of one meter from each of several specified positions; (2) without a child resistant trigger mechanism reasonably designed to prevent a child who has attained age five from operating the weapon when it is ready to fire; and (3) sold without a mechanism reasonably designed, under rules determined by the Secretary, to prevent the discharge of the weapon by unauthorized users. Exempts the manufacture or importation by a licensed manufacturer or importer for use by a department or agency of the United States, a State, or a political subdivision thereof, or for purposes of testing or experimentation authorized by the Secretary. (Sec. 102) Directs the Consumer Product Safety Commission to study and report to the Congress on how handgun safety can be improved so as to prevent unauthorized use or discharge of firearms by children who have not attained age 18. Authorizes appropriations for FY 1999. Title II: The Children's Firearms Age Limit Act of 1998 - Prohibits the sale, delivery, or other transfer of a semiautomatic assault weapon to a person the transferor knows or has reasonable cause to believe is a juvenile. (Sec. 202) Increases the penalty for transferring a handgun or semiautomatic assault weapon to a juvenile for use in a crime of violence. Title III: The Children's Firearm Dealer's Responsibility Act of 1998 - Directs the Secretary, after notice and opportunity for hearing, to revoke the license of a dealer who willfully sells a firearm to a minor. (Sec. 302) Prohibits a licensed importer, manufacturer, or dealer, 30 days after the Attorney General notifies licensees that the national instant criminal background check system is established, from transferring a firearm to any unlicensed person without verifying the identity of a purchaser known or reasonably believed to be under age 24 by examining two valid photograph identification documents. (Sec. 303) Directs the Secretary to issue final regulations that establish minimum firearm safety and security standards that shall apply to dealers who are issued a license, which shall include minimum standards for: (1) a place of business in which a dealer covered by the regulations conducts business or stores firearms; (2) windows, the front door, storage rooms, containers, alarms, and specified other items of a place of business; and (3) the storage and handling of the firearms contained in such place of business. Authorizes the Secretary to enter the place of business of a licensed dealer: (1) under specified conditions, where there is reasonable cause to believe a violation has occurred, to examine records of the safety and security measures taken by the dealer to ensure compliance with such regulations; and (2) without such reasonable cause or warrant not more than once during any 12-month period to ensure compliance. Sets penalties for licensed dealers who knowingly fail to comply with any applicable regulation issued pursuant to this section. Title IV: The Children's Firearm Access Prevention Act of 1998 - Children's Firearm Access Prevention Act of 1998 - Prohibits and sets penalties for keeping a loaded firearm, or an unloaded firearm and ammunition for it, that has been shipped or transported in or otherwise substantially affects interstate or foreign commerce, on premises under the custody or control of a person who knows or reasonably should know that a juvenile is capable of gaining access to the firearm without the permission of a parent or legal guardian, if a juvenile obtains access to the firearm and thereby causes death or bodily injury or exhibits the firearm in a public place or in a school zone. Makes an exception if: (1) the juvenile obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of others; (2) the person uses a secure gun storage or safety device for the firearm; (3) the person is a peace officer, member of the Armed Forces or National Guard, and the juvenile obtains the firearm during or incidental to the performance of official duties in that capacity; or (4) the person has no reasonable expectation that a juvenile is likely to be present on the premises on which the firearm is kept. Requires the Secretary to ensure that a copy of such prohibition and penalties appears on the form required to be obtained by a licensed dealer from a prospective firearm purchaser. Title V: The Children's Firearm Injury Surveillance Act of 1998 - Children's Firearm Injury Surveillance Act of 1998 - Directs the Secretary of Health and Human Services to: (1) make grants to State and local departments of health and law enforcement agencies for establishing and maintaining children's firearm-related injury surveillance systems; and (2) carry out this title through the Director of the Centers for Disease Control and Prevention, who shall carry out this title through the Director of the National Center for Injury Prevention and Control (Director). Requires the Director to: (1) ensure that such grants are used to establish systems for gathering information regarding fatal and nonfatal firearm injuries involving children who have not attained age 21; and (2) give priority to States and communities in which firearm- related injuries for children are a significant public health problem. Authorizes appropriations for FY 1999 through 2003. Title VI: The Children's Firearm Education Act of 1998 - Children's Firearm Education Act of 1998 - Authorizes the Secretary of Education or State educational agencies (if the amount appropriated to carry out this title exceeds $50 million) to award grants to eligible local educational agencies for purposes of educating children about preventing gun violence. Sets forth provisions regarding: (1) a formula for allocating appropriated funds to the States; (2) minimum allotments; (3) required assurances regarding the use of allocated funds; (4) priorities in awarding grants; (6) peer review of grant applications; (7) eligible grant recipients; (8) State and local applications, and reporting requirements; (9) authorized activities; and (10) requirements that funds received supplement, not supplant, funds that would otherwise be available from non-Federal sources and that persons hired by a local educational agency receiving a grant award not displace persons already employed. Authorizes appropriations for FY 1999 through 2001. (Sec. 603) Directs the Secretary of Education to: (1) include on the Internet site of the Department of Education a description of programs that receive grants pursuant to this title; and (2) publicize the competitive grant program through its Internet site, publications, and public service announcements. (Sec. 605) Amends the Safe and Drug-Free Schools and Communities Act of 1994 to provide for timely counseling and: (1) evaluations of any student who possesses, or threatens to bring or use, a weapon on school grounds; and (2) advice to public school students, staff, and administrators after an incident of gun-related violence on school grounds. Title VII: The Children's Firearm Tracking Act of 1998 - Directs the Secretary of the Treasury to: (1) endeavor to expand the number of cities and counties directly participating in the Youth Crime Gun Interdiction Initiative (YCGII) to 75 cities or counties by October 1, 2000, 150 by October 1, 2002, and 250 by October 1, 2003; (2) select cities and counties for participation in YCGII in consultation with Federal, State, and local law enforcement officials; (3) utilize the information provided by YCGII to facilitate the identification and prosecution of individuals illegally trafficking firearms to persons under age 24; (4) share information derived from YCGII with State and local law enforcement agencies through on-line computer access as soon as such capability is available; and (5) award grants to States, cities, and counties for purposes of assisting in the tracing of firearms and participation in YCGII. Authorizes such grants to be used to: (1) hire or assign additional personnel for the gathering, submission, and analysis of tracing data submitted to the Bureau of Alcohol, Tobacco and Firearms under YCGII; (2) hire additional law enforcement personnel to identify and arrest individuals illegally trafficking firearms; and (3) purchase additional equipment, including automatic data processing equipment and computer software and hardware, for the timely submission and analysis of tracing data.
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 · 9 June 1998
Religious Liberty Protection Act of 1998 - Prohibits a State (or any person acting under color of State law) from placing a substantial burden upon a person's religious exercise: (1) in a State-operated program or activity that receives Federal financial assistance; or (2) in or affecting international or interstate commerce. Declares that a State (or any person acting under color of State law) may substantially burden a person's religious exercise if such burden is: (1) in furtherance of a compelling governmental interest; and (2) the least restrictive means of furthering that compelling governmental interest. Declares that nothing in this Act shall be construed to authorize the United States to deny or withhold Federal financial assistance as a remedy for a violation of this Act. (Sec. 3) Places upon a State the burden of persuasion on all issues relating to an alleged violation supported by prima facie evidence of the Free Exercise Clause. Prohibits a State from imposing a land use regulation that: (1) substantially burdens religious exercise; (2) denies religious assemblies a reasonable location; or (3) excludes religious assemblies from areas in which nonreligious assemblies are permitted. Declares that this Act does not preempt State law that is equally or more protective of religious exercise. (Sec. 4) Subjects both a State and the Federal Government to liability for a violation of the Free Exercise Clause, including a civil action for money damages. (Sec. 5) Emphasizes that this Act does not: (1) authorize a State to burden any religious belief; (2) create any basis for the regulation of religious exercise or for claims against a religious organization not acting under color of law; (3) create or preclude a right of any religious organization to receive State funding or assistance; (4) authorize State regulation of the activities or policies of a person other than a government as a condition of receiving funding or other assistance; or (5) restrict any authority that may exist under other law to so regulate or affect, except as provided in this Act. (Sec. 6) Declares that nothing in this Act shall be construed to affect, interpret, or in any way address the Establishment Clause of the Constitution (prohibiting laws respecting an establishment of religion). (Sec. 7) Amends the Religious Freedom Restoration Act of 1993 to repeal its applicability to the States and to make it applicable only to the Federal Government, the District of Columbia, Puerto Rico, and U.S. territories and possessions. Redefines exercise of religion to mean an act or refusal to act that is substantially motivated by a religious belief, whether or not the act or refusal is compulsory or central to a larger system of religious belief.
United States · United States Congress · 9 June 1998
National Bone Marrow Registry Reauthorization Act of 1998 - Amends the Public Health Service Act to: (1) declare that the purpose of the National Bone Marrow Registry is to increase the number of transplants for recipients suitably matched to biologically unrelated bone marrow donors; (2) revise the membership and tenure of the Registry's board of directors; and (3) revise the Registry's functions. Directs the Secretary of Health and Human Services to ensure that the Registry develops, evaluates and implements a plan to: (1) effectuate efficiencies in the relationship between the Registry and donor centers; and (2) incorporate the findings and recommendations of the Bone Marrow Program Inspection conducted as of January 1997 by the Office of the Inspector General. Requires the Registry to: (1) implement a bone marrow donors recruitment program to identify populations underrepresented among potential Registry donors; (2) establish an office of patient advocacy, which shall provide individualized case management services directly to the patient; and (3) report annually to the Secretary on pretransplant costs. Directs the Secretary (acting through the Registry) to establish a scientific registry of information relating to recipients of bone marrow transplants from a biologically unrelated donor. Authorizes appropriations. Directs the Comptroller General to study and report to the Congress on the Registry, covering specified questions, including the extent to which the Registry has increased the representation of racial and ethnic minority groups among potential donors.
United States · United States Congress · 22 May 1998
Postal Employees Safety Enhancement Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) to apply it to the United States Postal Service (USPS) as an employer. Amends Federal law to prohibit USPS from: (1) considering compliance with OSHA in determining whether to close or consolidate a post office; or (2) restricting, eliminating, or adversely affecting any service it provides as a result of paying a penalty imposed under OSHA. Prohibits the Postal Rate Commission from considering compliance with OSHA in determining whether to increase rates. Provides that OSHA compliance shall not otherwise affect the service of the USPS.
United States · United States Congress · 22 May 1998
Expresses the sense of the Senate that the President should: (1) encourage the new political leadership in Indonesia to institute genuine democratic and economic reforms, including the establishment of an independent judiciary, civilian control of the military, and the release of political prisoners; (2) encourage the new political leadership in Indonesia to promote and protect the human rights and fundamental freedoms of all the people of Indonesia and East Timor; and (3) work actively, through the United Nations and with U.S. allies, to carry out the directives of existing U.N. resolutions on East Timor and to support an internationally supervised referendum on self-determination.
United States · United States Congress · 21 May 1998
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, and courts 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 use the grant to develop and install data collection and communication systems linking police, prosecutors, and the courts in order to identify and track protection orders and violations of such orders. (Sec. 101) 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 such provisions shall not be construed to: (1) require prior filing or registration of such orders in the enforcing State as a prerequisite to enforcement by such State; or (2) permit a State to notify the party against whom the order has been made that a protection order has been registered or filed in that State. Includes custody and visitation provisions in protection orders within the purview of Federal criminal law governing domestic violence and stalking. (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 for FY 1999 through 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 for FY 1999 through 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 for FY 1999 through 2002 for grants to encourage arrest policies. (Sec. 106) Authorizes the Attorney General to make grants to institutions of higher education for use by campus personnel and student organizations and nonprofit nongovernmental victim services programs to assist campus administrators and campus security personnel to develop and strengthen: (1) effective security and investigation strategies to combat violent crimes against women on campuses; and (2) services to victims of such crimes. Sets forth provisions regarding application requirements and certifications, grant disbursement, the Federal cost share, nonmonetary assistance, and regulations. Authorizes appropriations for FY 1999 through 2002. (Sec. 107) 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. 108) 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 for FY 1998 through 2000 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. 109) Amends the Violence Against Women Act of 1994 to reauthorize for FY 1999 through 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. 111) 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. Title II: Strengthening Services to Victims of Violence - Directs the Attorney General to make grants to public and private nonprofit entities: (1) to establish and expand cooperative efforts and projects between domestic violence victim advocacy organizations and civil legal assistance providers to strengthen civil legal assistance for victims of domestic violence; and (2) to establish and expand efforts and projects to strengthen such assistance by organizations with a demonstrated history of responsive direct legal or advocacy services on behalf of such victims. (Sec. 201) Requires the Attorney General, through contracts, grants, or other arrangements, to establish and operate a network of attorneys and lay advocates to provide legal assistance and other guidance to victims of domestic violence and sexual assault. Authorizes appropriations. (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 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 entitles employees to leave: (1) to address domestic violence and its effects; or (2) to 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 Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1998, 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: (1) legal assistance; and (2) 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 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. (Sec. 406) Amends the Family Violence Prevention and Services Act to make 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. (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 the 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. (Sec. 501) 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 · 20 May 1998
Campus Crime Disclosure Act of 1998 - Amends the Higher Education Act of 1965 with respect to the categories of crimes on which higher education institutions are required to report under the Crime Awareness and Campus Security Act of 1990. Adds reporting requirements for the offenses of manslaughter, larceny, arson, and for arrests or persons referred for campus disciplinary action for liquor law violations, drug-related violations, and weapons violations. (Sec. 4) Requires that an institution's campus crime reports be readily available to its students and employees through various media, such as resident advisors, electronic mail, school newspapers, and announcement postings throughout the campus. (Sec. 5) Revises the definition of campus, for purposes of such campus crime disclosures, to include: (1) any building or property owned and controlled by the institution, or by a student organization recognized by the institution, within the same reasonably contiguous geographic area of the institution; (2) all public property within such area that provides immediate access to the facilities of the institution; (3) any building or property owned, controlled, or used by the institution for educational purposes, and is used by students, even if is not within the contiguous area; and (4) all dormitories or other student residential facilities owned or controlled by the institution. (Sec. 5) Directs the Secretary of Education to: (1) report to the Congress each institution not in compliance with campus crime reporting requirements; and (2) provide data on successful campus security measures as well as technical assistance to institutions having difficulty with or not in compliance with such reporting requirements. Requires institutions to distinguish in their reports crimes committed: (1) on public property within the same reasonably contiguous geographic area of the institution; and (2) in student residential facilities or other facilities affiliated with the institution. (Sec. 7) Establishes civil penalties for institutions for certain violations of, failures to comply with, or misrepresentations with respect to such campus crime reporting requirements.
United States · United States Congress · 7 May 1998
Education Opportunity Zones Act of 1998 - Authorizes the Secretary of Education to award grants for specified activities to local educational agencies (LEAs), or LEA consortia, that: (1) have high concentrations of children from low-income families; (2) have a record of achieving high educational outcomes, in at least some of their schools; (3) are implementing standards-based systemic reform strategies to pursue further reforms and raise the academic achievement of all their students; and (4) are keeping their schools safe and drug-free. Sets forth requirements relating to: (1) grant applications; (2) grantee selection criteria; (3) grant amount, duration, and continuation; (4) authorized activities; (5) grantee LEA school eligibility for, and planning and implementation of, schoolwide programs under certain provisions of the Elementary and Secondary Education Act of 1965; (6) participation of private school students and teachers; (7) evaluation; and (8) reservation of certain funds for national activities. Directs the President to designate the school district served by each LEA selected by the Secretary to receive a grant under this title as an Education Opportunity Zone. Authorizes the President to instruct Federal agencies to provide grant recipients under this title with technical and other assistance. Authorizes appropriations.
United States · United States Congress · 7 May 1998
Children's Hospitals Education and Research Act of 1998 - Directs the Secretary of Health and Human Services to make payment as specified to each children's hospital for each hospital cost reporting period between FY 1998 and 2003 for the direct and indirect expenses associated with operating approved medical residency training programs. States that such payments are in lieu of certain Medicare payments to hospitals for inpatient hospital services, but shall not affect the amounts otherwise payable to such hospitals under a State Medicaid plan. Makes appropriations for such payments for such fiscal years.
United States · United States Congress · 30 April 1998
Breast and Cervical Cancer Treatment Act of 1998 - Amends title XIX (Medicaid) of the Social Security Act to give States the option of making medical assistance for breast and cervical cancer-related treatment services available to certain low-income women without creditable coverage during a presumptive eligibility period. Provides for an enhanced match with regard to such treatment services.
United States · United States Congress · 29 April 1998
Recognizes the historic significance of the 50th anniversary of the reestablishment of the State of Israel. Commends the Israeli people for their achievements in building a new state and a pluralistic democratic society in the Middle East. Reaffirms the bonds of friendship and cooperation between the United States and Israel. Extends congratulations and best wishes to the State of Israel and her people for a peaceful, prosperous, and successful future.
United States · United States Congress · 23 April 1998
Crime Victims With Disabilities Awareness Act - Directs the Attorney General: (1) to request to the National Research Council that the National Academy of Sciences' Committee on Law and Justice, acting through the Council, enter into a contract with the Attorney General to develop a research agenda to increase public awareness of, and reduce the incidence of, crimes against individuals with developmental disabilities; (2) to submit a report describing such agenda to specified congressional committees within two years; (3) as part of each National Crime Victims Survey, to include statistics relating to the nature and characteristics of crime victims who are individuals with developmental disabilities; and (4) to study and submit to the Congress and to each State a report on means by which each State may establish and maintain a centralized computer database on the incidence of crimes against individuals with disabilities within the State. Authorizes appropriations.
United States · United States Congress · 23 April 1998
Expresses congratulations and gratitude to the participants in, and supporters of, the negotiations resulting in the Northern Ireland Peace Agreement, particularly British Prime Minister Tony Blair, Irish Taoiseach (Prime Minister) Bertie Ahern, President Clinton, and Senator George Mitchell.
United States · United States Congress · 22 April 1998
Health Care for Working Families Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to establish a new title II, Health Benefits for Employees and Their Families. Requires each large employer to: (1) offer to each of its employees the opportunity to enroll in a qualifying health benefit plan that provides coverage for the employee and the employee's family; (2) contribute to the cost of such plan; and (3) withhold the employee share of the plan premium from the employee's wages. Defines a large employer as one that employed an average of at least 50 full-time employees on business days during the preceding calendar year and employs at least 50 employees on the first day of the plan year. Considers contract workers as employees for such purposes. Defines a qualifying health benefit plan as one that: (1) provides benefits for health care items and services that are actuarially equivalent or greater in value than those offered as of January 1, 1998, under the Blue Cross-Blue Shield (BC-BS) Standard Plan provided under the Federal Employees Health Benefit Program (FEHBP); and (2) meets applicable requirements under the Public Health Service Act. Sets the minimum required contribution by an employer at the same portion of the total premium as the Federal Government pays for such BC-BS Standard Plan under FEHBP. Sets forth a formula for determining such minimum employer contribution with respect to part-time workers who work less than 30 hours per week; but requires no employer contribution for employees working less than ten hours per week. Requires any employee covered under a Federal health insurance program (including Medicare, Medicaid, FEHBP, and the Civilian Health and Medical Program of the Uniformed Services) to accept an employer's offer of health insurance coverage and agree to payroll withholdings, or request the Federal health insurance program to pay the employee share of the premium. Exempts from this requirement: (1) an employee otherwise covered under an employment-based qualified health benefit plan; or (2) a family member of a non-electing employee, where the family member is otherwise covered under an employment-based qualified health benefit plan. Sets forth requirements relating to timing of coverage and withholding, enforcement, and preemption. Amends the Public Health Service Act to require a health insurance issuer that offers employee health insurance coverage to an employer to ensure that such coverage complies with requirements of title II of FLSA.
United States · United States Congress · 22 April 1998
Congratulates the U.S. Army Reserve on the 90th anniversary of its establishment on April 23, 1998. Recognizes and commends the Army Reserve for its service and recognizes Strom Thurmond, the president pro tempore of the Senate, for 36 years of service with distinction in the Army Reserve.
United States · United States Congress · 2 April 1998
Technical Workers Fairness Act of 1998 - Amends the Revenue Act of 1978, as amended by the Tax Reform Act of 1986, with respect to the standards that a taxpayer must apply to treat certain individuals as not being employees for employment tax purposes. Repeals the exception to such standards for an individual who, pursuant to an arrangement between the taxpayer and another person, provides services for such other person as an engineer, designer, drafter, computer programmer, systems analyst, or other similarly skilled worker (technical worker) engaged in a similar line of work. (Thus, restores the standards used for determining whether technical workers are not employees as in effect before the Tax Reform Act of 1986.)
United States · United States Congress · 2 April 1998
Child Firearm Access Prevention Act - Amends the Federal criminal code to prescribe penalties in cases where a person keeps a loaded firearm or an unloaded firearm and ammunition to which a juvenile obtains access and causes death or injury, exhibits the firearm in a public place, or possesses the firearm in a school zone. Makes penalties inapplicable in cases where: (1) the person keeping the firearm uses a secure gun storage or safety device for the firearm; (2) the person is a peace officer or a member of the armed forces or National Guard and the juvenile obtains the firearm during, or incidental to, the performance of such person's official duties in that capacity; (3) the juvenile obtains or discharges the firearm in a lawful act of self-defense or defense of others; or (4) the person has no reasonable expectation that a juvenile is likely to be present on the premises where the firearm is kept. Directs the Secretary of the Treasury to ensure that a copy of the prohibition under this Act appears on the form required to be obtained by a licensed dealer from a prospective transferee of a firearm.
United States · United States Congress · 1 April 1998
U.S. Holocaust Assets Commission Act of 1998 - Establishes the Presidential Advisory Commission on Holocaust Assets in the United States to: (1) study and develop an historical record of the collection and disposition of specified assets of Holocaust victims if they came into the possession or control of the Federal Government, including the Board of Governors of the Federal Reserve System and any Federal reserve bank, at any time after January 30, 1933; (2) coordinate its activities with those of private and governmental entities; (3) review comprehensively research conducted by other entities regarding such assets in the United States; and (4) report its recommendations to the President. Instructs the President to report recommendations for action to the Congress. Provides for funding of Commission activities.
United States · United States Congress · 31 March 1998
TABLE OF CONTENTS: Title I: Health Insurance Bill of Rights Subtitle A: Access to Care Subtitle B: Quality Assurance Subtitle C: Patient Information Subtitle D: Grievance and Appeals Procedure Subtitle E: Protecting the Doctor-Patient Relationship Subtitle F: Promoting Good Medical Practice Subtitle G: Definitions Title II: Application of Patient Protection Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act Title III: Amendments to the Employee Retirement Income Security Act of 1974 Title IV: Effective Dates; Coordination In Implementation. Patients' Bill of Rights Act of 1998 - Title I: Health Insurance Bill of Rights - Subtitle A: Access to Care - Requires any group health plan, or health insurance coverage offered by a health insurance issuer, providing emergency services benefits to cover emergency services furnished: (1) without the need for any prior authorization determination; (2) whether or not the health care provider furnishing such services is a participating health care provider; and (3) without regard to any other term or condition of such coverage (other than exclusion or coordination of benefits, or an affiliation or waiting period, permitted under the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), or the Internal Revenue Code, and other than applicable cost-sharing). (Sec. 101) Requires such coverage in a manner so that, if the emergency services are provided by a nonparticipating health care provider: (1) the participant, beneficiary, or enrollee is not liable for amounts exceeding the liability that would be incurred if the services were provided by a participating provider; and (2) the plan or issuer pays an amount that is not less than the amount paid to a participating provider for the same services. Prescribes the same coverage for maintenance care or post-stabilization care (subject to certain guidelines) by nonparticipating health care providers. (Sec. 102) Requires a plan or coverage that provides benefits only through participating providers to offer a participant the option to purchase point-of-service coverage for benefits provided by a nonparticipating provider, unless the plan offers the participant: (1) a choice of health insurance coverage through more than one health insurance issuer; or (2) two or more coverage options that differ significantly with respect to the use of participating providers or the networks of such providers that are used. (Sec. 103) Requires any plan and any health insurance issuer to permit each participant, beneficiary, and enrollee to receive: (1) primary care from any participating primary care provider available to accept such individual; and (2) (unless the plan or issuer clearly declares choice limitations) medically necessary or appropriate specialty care, pursuant to appropriate referral procedures, from any qualified participating provider available to accept such individual for such care. (Sec. 104) Requires any plan or issuer that requires or provides for designation of a participating primary care provider to permit a female participant, beneficiary, or enrollee to designate a participating physician who specializes in obstetrics and gynecology as the individual's primary care provider. Prohibits the plan or issuer, in the absence of such a designation, from requiring authorization or a referral by the individual's primary care provider or otherwise for coverage of routine gynecological care (such as preventive women's health examinations) and pregnancy-related services provided by a participating specialist in obstetrics and gynecology to the extent such care is otherwise covered. Permits a plan or issuer to treat the ordering of other gynecological care by such a participating physician as the primary care provider's authorization of such care. Requires the plan or issuer to refer to an available and accessible specialist any participant, beneficiary, or enrollee with a condition or disease of sufficient seriousness and complexity to require treatment by a specialist, and benefits for such treatment are covered. Requires a plan or issuer to refer an individual to a nonparticipating specialist: (1) only if a participating specialist is not available and accessible; and (2) only at no additional cost to the individual. Requires a plan or issuer to have a procedure by which an individual with an ongoing special condition (life-threatening, degenerative, or disabling) may be referred to a specialist who shall be responsible for and capable of providing and coordinating the individual's primary and specialty care, without referral from the individual's primary care provider. Requires standing referrals to a specialist for any condition requiring ongoing specialist care. (Sec. 105) Prescribes requirements for continuity of care for participants, beneficiaries, or enrollees in the event of a termination of a health care provider or of the contract between a plan and an issuer. (Sec. 106) Prescribes requirements for participation in approved clinical trials of individuals with life-threatening or serious illnesses for which no standard treatment is effective. Prohibits denial of participation in such trials, or discrimination against participants. Limits plan or issuer payments to routine patient costs. (Sec. 107) Requires any plan or issuer that provides prescription drug benefits limited to drugs included in a formulary to: (1) ensure participation of participating physicians and pharmacists in the development of the formulary; (2) disclose to providers, and upon request to participants, beneficiaries, and enrollees, the nature of the formulary restrictions; and (3) consistent with the standards for a utilization review program, provide for exceptions from the formulary limitation when a non-formulary alternative is medically indicated. Prohibits a plan or issuer from denying coverage of such a drug or device on the basis that the use is investigational, if certain labeling requirements are met. (Sec. 108) Requires each plan and issuer to have (in relation to the coverage) a sufficient number, distribution, and variety of qualified participating providers to ensure that all covered health care services, including specialty services, will be available and accessible in a timely manner to all participants, beneficiaries, and enrollees. Permits inclusion among such providers of Federally qualified health centers, rural health clinics, migrant health centers, and other essential community providers located in the service area. Requires inclusion of such providers if necessary to meet such number, distribution, and variety requirements. (Sec. 109) Prescribes nondiscrimination requirements. Subtitle B: Quality Assurance - Directs each plan and issuer to establish an ongoing, internal quality assurance and continuous quality improvement program meeting specified requirements. (Sec. 112) Requires each plan and issuer to: (1) collect uniform quality data, including a minimum uniform data set specified by the Secretary of Health and Human Services; (2) have a written process for the selection of participating health care professionals, including minimum professional requirements; and (3) establish and maintain, as part of any internal quality assurance and continuous quality improvement program including prescription drug benefits, a drug utilization program which encourages appropriate drug use and takes appropriate action to reduce the incidence of improper drug use and adverse drug reactions and interactions. (Sec. 115) Requires each plan and issuer to conduct (or arrange for qualified outside agents to conduct) benefit utilization review activities only in accordance with a utilization review program that meets certain requirements. Prohibits a program from permitting or providing contingent compensation arrangements with its employees, agents, or contractors in a manner that: (1) provides incentives, direct or indirect, for such persons to make inappropriate review decisions; or (2) is based, directly or indirectly, on the quantity or type of adverse determinations rendered. Requires a utilization review program to make determinations and notifications concerning: (1) prior authorization services within three business days after receiving any necessary information; (2) authorization for continued or extended health care services within one business day after receipt of such information; and (3) retrospective review of services previously provided, within 30 days of such receipt. (Sec. 116) Directs the President to establish an advisory board to provide information to Congress and the administration on issues relating to quality monitoring and improvement in the health care provided under group health plans and health insurance coverage. Subtitle C: Patient Information - Specifies benefits, access, emergency coverage, prior authorization, grievance and appeals, and other pertinent information which plans and issuers shall provide to participants and beneficiaries at the time of initial coverage, annually, within a reasonable period before or after the date of significant changes, and upon request. (Sec. 122) Requires plans and issuers to establish procedures to: (1) safeguard the privacy of any individually identifiable enrollee information; (2) maintain records and information in an accurate and timely manner; and (3) assure individuals timely access to such records and information. (Sec. 123) Provides for grants to States for creation and operation of a Health Insurance Ombudsman. Requires any State receiving such a grant to contract for such an Ombudsman with a not-for-profit organization that operates independent of group health plans and health insurance issuers. Requires the Secretary to provide through such a contract for an Ombudsman in any State that does not provide for one. Makes such an Ombudsman responsible to: (1) assist consumers in choosing among health insurance coverage or among coverage options offered within group health plans; and (2) provide counseling and assistance to enrollees dissatisfied with their treatment by issuers and plans, and with respect to grievances and appeals of coverage or plan determinations. Subtitle D: Grievances and Appeals Procedures - Requires each plan and issuer to establish a system for the presentation and resolution of oral and written grievances brought by participants, beneficiaries, or enrollees, or health care providers or other individuals acting on behalf of an individual and with the individual's consent. Requires the system to include grievances regarding access to and availability of services, quality of care, choice and accessibility of providers, network adequacy, and compliance with the requirements of this title. (Sec. 132) Requires each plan and issuer to establish an internal appeals process, and provide for an external appeals process, which meet certain requirements. Specifies the appeal rights of participants, beneficiaries, and their representatives, as well as the kinds of decisions which are appealable. Subtitle E: Protecting the Doctor-Patient Relationship - Prohibits any contract or agreement between a plan or issuer and a health care provider from: (1) prohibiting or restricting the provider from engaging in medical communications with the provider's patient; or (2) containing any provision purporting to transfer to the health care provider by indemnification or otherwise any liability relating to activities, actions, or omissions of the plan, issuer, or agent (as opposed to the provider). Declares null and void any such contract or agreement provisions. (Sec. 142) Prohibits any plan or issuer from operating any physician incentive plan that does not meet certain requirements under title XVIII (Medicare) of the Social Security Act. (Sec. 143) Requires any plan or issuer to establish reasonable procedures relating to the participation of health care professionals, including notice of participation rules, written notice of adverse participation decisions, and a process for appealing adverse decisions. (Sec. 144) Prohibits a plan or an issuer from retaliating against a participant, beneficiary, enrollee, or health care provider based on use of, or participation in, a utilization review or a grievance process. Prohibits a plan or an issuer from retaliating or discriminating against a protected health care professional because the professional in good faith: (1) discloses information relating to the care, services, or conditions affecting one or more participants, beneficiaries, or enrollees to an appropriate public regulatory agency, private accreditation body, or management personnel of the plan or issuer; or (2) initiates, cooperates, or otherwise participates in an investigation or proceeding by such an agency with respect to such care, services, or conditions. Defines good faith action. Subtitle F: Promoting Good Medical Practice - Prohibits a plan or issuer from arbitrarily interfering with or altering the decision of the treating physician regarding the manner or setting in which particular covered services are delivered if they are medically necessary or appropriate for treatment or diagnosis. Allows a plan or issuer to limit the delivery of services to one or more providers within a network. (Sec. 152) Prescribes standards for benefits for certain breast cancer treatments. Prohibits a plan or issuer from restricting benefits for any hospital length of stay: (1) in connection with a mastectomy to less than 48 hours; or (2) in connection with a lymph node dissection for the treatment of breast cancer to less than 24 hours. Prohibits a plan or issuer from requiring a provider to obtain its authorization for prescribing any such length of stay. Permits a discharge before expiration of the minimum length of stay otherwise required, if the decision is made by the attending provider in consultation with the woman involved, or in a case involving a partial mastectomy without lymph node dissection. Prohibits a plan or issuer from: (1) denying to a woman eligibility to enroll or renew coverage solely for the purpose of avoiding the requirements of this title; (2) providing monetary payments or rebates to encourage women to accept less than the minimum protections available under this title; (3) penalizing or otherwise reducing or limiting reimbursement because an attending provider gave care to a participant or beneficiary in accordance with this title; (4) providing incentives (monetary or otherwise) to induce an attending provider to provide care to a participant or beneficiary in a manner inconsistent with this title; or (5) restricting benefits (other than imposing deductibles, coinsurance, or other cost-sharing) for any portion of a period within a required hospital length of stay in a manner less favorable than the benefits provided for any preceding portion of such stay. (Sec. 153) Requires a plan or issuer to provide coverage for reconstructive breast surgery resulting from a mastectomy, including coverage: (1) for all stages of reconstructive breast surgery performed on a nondiseased breast to establish symmetry with the diseased when reconstruction on the diseased breast is performed; and (2) of prostheses and complications of mastectomy, including lymphedema. Prohibits denial of coverage on the basis that it is for cosmetic surgery. Subtitle G: Definitions - Sets forth definitions. Title II: Application of Patient Protection Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act - Amends the Public Health Service Act to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 202) Requires each health insurance issuer to comply with such requirements with respect to individual health insurance coverage. Title III: Amendments to the Employee Retirement Income Security Act of 1974 - Amends ERISA to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 302) Provides that nothing in ERISA shall be construed to invalidate, impair, or supersede any cause of action under State law to recover damages resulting from personal injury or wrongful death against any person (except employers and other plan sponsors): (1) in connection with the provision of insurance, administrative services, or medical services by that person to or for a group health plan; or (2) that arises out of the arrangement by that person for the provision of insurance, administrative services, or medical services by other persons. Allows such an action against an employer or other plan sponsor only if it is based on the employer's or sponsor's exercise of discretionary authority to decide a claim for covered benefits, and such exercise resulted in personal injury or wrongful death. Title IV: Effective Dates; Coordination in Implementation - Sets forth effective dates for provisions of this Act. (Sec. 402) Amends the Health Insurance Portability and Accountability Act of 1996 to provide for coordination in the implementation of this Act.
United States · United States Congress · 31 March 1998
TABLE OF CONTENTS: Title I: Health Insurance Bill of Rights Subtitle A: Access to Care Subtitle B: Quality Assurance Subtitle C: Patient Information Subtitle D: Grievance and Appeals Procedures Subtitle E: Protecting the Doctor-Patient Relationship Subtitle F: Promoting Good Medical Practice Subtitle G: Definitions Title II: Application to Group Health Plans Under the Internal Revenue Code of 1986 Title III: Effective Dates; Coordination in Implementation Patients' Bill of Rights Act of 1998 - Title I: Health Insurance Bill of Rights - Subtitle A: Access to Care - Requires any group health plan, or health insurance coverage offered by a health insurance issuer, providing emergency services benefits to cover emergency services furnished: (1) without the need for any prior authorization determination; (2) whether or not the health care provider furnishing such services is a participating health care provider; and (3) without regard to any other term or condition of such coverage (other than exclusion or coordination of benefits, or an affiliation or waiting period, permitted under the Public Health Service Act, the Employee Retirement Income Security Act of 1974, or the Internal Revenue Code, and other than applicable cost-sharing). (Sec. 101) Requires such coverage in a manner so that, if the emergency services are provided by a nonparticipating health care provider: (1) the participant, beneficiary, or enrollee is not liable for amounts exceeding the liability that would be incurred if the services were provided by a participating provider; and (2) the plan or issuer pays an amount that is not less than the amount paid to a participating provider for the same services. Prescribes the same coverage for maintenance care or post-stabilization care (subject to certain guidelines) by nonparticipating health care providers. (Sec. 102) Requires a plan or coverage that provides benefits only through participating providers to offer a participant the option to purchase point-of-service coverage for benefits provided by a nonparticipating provider, unless the plan offers the participant: (1) a choice of health insurance coverage through more than one health insurance issuer; or (2) two or more coverage options that differ significantly with respect to the use of participating providers or the networks of such providers that are used. (Sec. 103) Requires any plan and any health insurance issuer to permit each participant, beneficiary, and enrollee to receive: (1) primary care from any participating primary care provider available to accept such individual; and (2) (unless the plan or issuer clearly declares choice limitations) medically necessary or appropriate specialty care, pursuant to appropriate referral procedures, from any qualified participating provider available to accept such individual for such care. (Sec. 104) Requires any plan or issuer that requires or provides for designation of a participating primary care provider to permit a female participant, beneficiary, or enrollee to designate a participating physician who specializes in obstetrics and gynecology as the individual's primary care provider. Prohibits the plan or issuer, in the absence of such a designation, from requiring authorization or a referral by the individual's primary care provider or otherwise for coverage of routine gynecological care (such as preventive women's health examinations) and pregnancy-related services provided by a participating specialist in obstetrics and gynecology to the extent such care is otherwise covered. Permits a plan or issuer to treat the ordering of other gynecological care by such a participating physician as the primary care provider's authorization of such care. Requires the plan or issuer to refer to an available and accessible specialist any participant, beneficiary, or enrollee with a condition or disease of sufficient seriousness and complexity to require treatment by a specialist, and benefits for such treatment are covered. Requires a plan or issuer to refer an individual to a nonparticipating specialist: (1) only if a participating specialist is not available and accessible; and (2) only at no additional cost to the individual. Requires a plan or issuer to have a procedure by which an individual with an ongoing special condition (life-threatening, degenerative, or disabling) may be referred to a specialist who shall be responsible for and capable of providing and coordinating the individual's primary and specialty care, without referral from the individual's primary care provider. Requires standing referrals to a specialist for any condition requiring ongoing specialist care. (Sec. 105) Prescribes requirements for continuity of care for participants, beneficiaries, or enrollees in the event of a termination of a health care provider or of the contract between a plan and an issuer. (Sec. 106) Prescribes requirements for participation in approved clinical trials of individuals with life-threatening or serious illnesses for which no standard treatment is effective. Prohibits denial of participation in such trials, or discrimination against participants. Limits plan or issuer payments to routine patient costs. (Sec. 107) Requires any plan or issuer that provides prescription drug benefits limited to drugs included in a formulary to: (1) ensure participation of participating physicians and pharmacists in the development of the formulary; (2) disclose to providers, and upon request to participants, beneficiaries, and enrollees, the nature of the formulary restrictions; and (3) consistent with the standards for a utilization review program, provide for exceptions from the formulary limitation when a non-formulary alternative is medically indicated. Prohibits a plan or issuer from denying coverage of such a drug or device on the basis that the use is investigational, if certain labeling requirements are met. (Sec. 108) Requires each plan and issuer to have (in relation to the coverage) a sufficient number, distribution, and variety of qualified participating providers to ensure that all covered health care services, including specialty services, will be available and accessible in a timely manner to all participants, beneficiaries, and enrollees. Permits inclusion among such providers of federally qualified health centers, rural health clinics, migrant health centers, and other essential community providers located in the service area. Requires inclusion of such providers if necessary to meet such number, distribution, and variety requirements. (Sec. 109) Prescribes nondiscrimination requirements. Subtitle B: Quality Assurance - Directs each plan and issuer to establish an ongoing, internal quality assurance and continuous quality improvement program meeting specified requirements. (Sec. 112) Requires each plan and issuer to: (1) collect uniform quality data, including a minimum uniform data set specified by the Secretary of Health and Human Services; (2) have a written process for the selection of participating health care professionals, including minimum professional requirements; and (3) establish and maintain, as part of any internal quality assurance and continuous quality improvement program including prescription drug benefits, a drug utilization program which encourages appropriate drug use and takes appropriate action to reduce the incidence of improper drug use and adverse drug reactions and interactions. (Sec. 115) Requires each plan and issuer to conduct (or arrange for qualified outside agents to conduct) benefit utilization review activities only in accordance with a utilization review program that meets certain requirements. Prohibits a program from permitting or providing contingent compensation arrangements with its employees, agents, or contractors in a manner that: (1) provides incentives, direct or indirect, for such persons to make inappropriate review decisions; or (2) is based, directly or indirectly, on the quantity or type of adverse determinations rendered. Requires a utilization review program to make determinations and notifications concerning: (1) prior authorization services within three business days after receiving any necessary information; (2) authorization for continued or extended health care services within one business day after receipt of such information; and (3) retrospective review of services previously provided, within 30 days of such receipt. (Sec. 116) Directs the President to establish an advisory board to provide information to Congress and the administration on issues relating to quality monitoring and improvement in the health care provided under group health plans and health insurance coverage. Subtitle C: Patient Information - Specifies benefits, access, emergency coverage, prior authorization, grievance and appeals, and other pertinent information which plans and issuers shall provide to participants and beneficiaries at the time of initial coverage, annually, within a reasonable period before or after the date of significant changes, and upon request. (Sec. 122) Requires plans and issuers to establish procedures to: (1) safeguard the privacy of any individually identifiable enrollee information; (2) maintain records and information in an accurate and timely manner; and (3) assure individuals timely access to such records and information. (Sec. 123) Provides for grants to States for creation and operation of a Health Insurance Ombudsman. Requires any State receiving such a grant to contract for such an Ombudsman with a not-for-profit organization that operates independent of group health plans and health insurance issuers. Requires the Secretary to provide through such a contract for an Ombudsman in any State that does not provide for one. Makes such an Ombudsman responsible to: (1) assist consumers in choosing among health insurance coverage or among coverage options offered within group health plans; and (2) provide counseling and assistance to enrollees dissatisfied with their treatment by issuers and plans, and with respect to grievances and appeals of coverage or plan determinations. Subtitle D: Grievances and Appeals Procedures - Requires each plan and issuer to establish a system for the presentation and resolution of oral and written grievances brought by participants, beneficiaries, or enrollees, or health care providers or other individuals acting on behalf of an individual and with the individual's consent. Requires the system to include grievances regarding access to and availability of services, quality of care, choice and accessibility of providers, network adequacy, and compliance with the requirements of this title. (Sec. 132) Requires each plan and issuer to establish an internal appeals process, and provide for an external appeals process, which meet certain requirements. Specifies the appeal rights of participants, beneficiaries, and their representatives, as well as the kinds of decisions which are appealable. Subtitle E: Protecting the Doctor-Patient Relationship - Prohibits any contract or agreement between a plan or issuer and a health care provider from: (1) prohibiting or restricting the provider from engaging in medical communications with the provider's patient; or (2) containing any provision purporting to transfer to the health care provider by indemnification or otherwise any liability relating to activities, actions, or omissions of the plan, issuer, or agent (as opposed to the provider). Declares null and void any such contract or agreement provisions. (Sec. 142) Prohibits any plan or issuer from operating any physician incentive plan that does not meet certain requirements under title XVIII (Medicare) of the Social Security Act. (Sec. 143) Requires any plan or issuer to establish reasonable procedures relating to the participation of health care professionals, including notice of participation rules, written notice of adverse participation decisions, and a process for appealing adverse decisions. (Sec. 144) Prohibits a plan or an issuer from retaliating against a participant, beneficiary, enrollee, or health care provider based on use of, or participation in, a utilization review or a grievance process. Prohibits a plan or an issuer from retaliating or discriminating against a protected health care professional because the professional in good faith: (1) discloses information relating to the care, services, or conditions affecting one or more participants, beneficiaries, or enrollees to an appropriate public regulatory agency, private accreditation body, or management personnel of the plan or issuer; or (2) initiates, cooperates, or otherwise participates in an investigation or proceeding by such an agency with respect to such care, services, or conditions. Defines good faith action. Subtitle F: Promoting Good Medical Practice - Prohibits a plan or issuer from arbitrarily interfering with or altering the decision of the treating physician regarding the manner or setting in which particular covered services are delivered if they are medically necessary or appropriate for treatment or diagnosis. Allows a plan or issuer to limit the delivery of services to one or more providers within a network. (Sec. 152) Prescribes standards for benefits for certain breast cancer treatments. Prohibits a plan or issuer from restricting benefits for any hospital length of stay: (1) in connection with a mastectomy to less than 48 hours; or (2) in connection with a lymph node dissection for the treatment of breast cancer to less than 24 hours. Prohibits a plan or issuer from requiring a provider to obtain its authorization for prescribing any such length of stay. Permits a discharge before expiration of the minimum length of stay otherwise required, if the decision is made by the attending provider in consultation with the woman involved, or in a case involving a partial mastectomy without lymph node dissection. Prohibits a plan or issuer from: (1) denying to a woman eligibility to enroll or renew coverage solely for the purpose of avoiding the requirements of this title; (2) providing monetary payments or rebates to encourage women to accept less than the minimum protections available under this title; (3) penalizing or otherwise reducing or limiting reimbursement because an attending provider gave care to a participant or beneficiary in accordance with this title; (4) providing incentives (monetary or otherwise) to induce an attending provider to provide care to a participant or beneficiary in a manner inconsistent with this title; or (5) restricting benefits (other than imposing deductibles, coinsurance, or other cost-sharing) for any portion of a period within a required hospital length of stay in a manner less favorable than the benefits provided for any preceding portion of such stay. (Sec. 153) Requires a plan or issuer to provide coverage for reconstructive breast surgery resulting from a mastectomy, including coverage: (1) for all stages of reconstructive breast surgery performed on a nondiseased breast to establish symmetry with the diseased when reconstruction on the diseased breast is performed; and (2) of prostheses and complications of mastectomy, including lymphedema. Prohibits denial of coverage on the basis that it is for cosmetic surgery. Subtitle G: Definitions - Sets forth definitions. Title II: Application to Group Health Plans Under the Internal Revenue Code of 1986 - Amends the Internal Revenue Code to require a group health plan to comply with this Act. Deems this Act to be incorporated into the Internal Revenue Code. Title III: Effective Dates; Coordination in Implementation - Sets forth effective dates for provisions of this Act.
United States · United States Congress · 31 March 1998
Amends Federal criminal law to make it unlawful for any person to import a large capacity ammunition feeding device. Extends the ban on the transfer of such devices to those manufactured before enactment of the ban.
United States · United States Congress · 30 March 1998
TABLE OF CONTENTS: Title I: General Provisions Title II: Improving Teacher Quality Title III: Institutional Aid Title IV: Student Assistance Title V: Graduate and Post-Secondary Improvement Programs Title VI: International Education Programs Title VII: Related Programs and Amendments to Other Acts Higher Education Amendments of 1998 - Title I: General Provisions - Amends the Higher Education Act of 1965 (HEA) to repeal the current title I (Partnerships for Educational Excellence). (Sec. 102) Repeals a disclaimer that nothing in Federal law shall be construed to authorize any Federal agency, officer, or employee to exercise direction, supervision, or control over membership practices or internal operations of fraternal organizations, fraternities, sororities, private clubs, or religious organizations at higher education institutions that are financed exclusively by private funds and have facilities not owned by the institutions. (Sec. 103) Directs the Secretary of Education to: (1) publish the expiration dates of terms of members of the National Advisory Committee on Institutional Quality and Integrity; and (2) solicit nominations for vacancies on such Committee. (Sec. 104) Sets forth provisions relating to prior rights and responsibilities including authorization of appropriations) and to recovery of payments under HEA title VII (Construction, Reconstruction, and Renovation of Academic Facilities) (as in effect before title VII is repealed by this Act). Title II: Improving Teacher Quality - Revises, and transfers to title II, various teacher education provisions (currently in title V). Repeals various unfunded programs, replacing them with a comprehensive program to: (1) improve student achievement; (2) improve preparation of prospective teachers and professional development for teachers; and (3) make higher education institutions accountable for preparing teachers. (Sec. 201) Makes States eligible to compete for Teacher Quality Enhancement Grants to institute State-level reforms to ensure that current and future teachers possess necessary teaching skills and academic content knowledge in the subject areas in which they are assigned to teach. Provides for one-time Teacher Training Partnership Grants to local partnerships that: (1) shall include a school of arts and sciences, a school or program of education, a local educational agency (LEA), and a kindergarten-through-grade-12 school; and (2) may include State education agencies (SEAs), pre-kindergarten programs, non-profit groups, businesses, or teacher organizations. Sets forth accountability requirements for Enhancement and Partnership grants. Directs the Secretary of Education, through the National Center for Education Statistics, to study and report to the Congress on the ways teachers are trained and the extent to which teachers in the United States and other comparable countries () including all participants in the Third International Mathematics and Science Study (TIMSS)) are teaching in areas other than the teachers' field of study or expertise (out-of-field teaching). Authorizes appropriations. Directs the Secretary to award competitive grants to eligible partnerships of higher education institutions and LEAs serving underserved areas to award scholarships, and provide support and followup services, to students in a teacher preparation program, who shall within seven years of completing such program teach full-time for at least five years in a high-poverty school in an underserved geographic area, or repay the amount of the scholarship. Authorizes appropriations. Title III: Institutional Aid - Revises HEA title III to give special consideration to applications for Strengthening Institutions grants which propose to acquire high technology equipment for use in strengthening funds management and academic programs. Allows institutions to use up to 20 percent of such grants to establish or increase an endowment fund. Requires a two-year wait-out-period between the receipt of consecutive five-year grants. Revises the definition of Hispanic-serving institution and allows such institutions to use up to 20 percent of part A grants to establish or expand an endowment fund. Encourages such institutions to collaborate with community-based organizations on certain projects. (Sec. 304) Allows Historically Black Colleges and Universities (HBCUs) to use up to 20 percent of part B grants to establish or expand an endowment fund. Revises requirements for eligible professional or graduate institutions to: (1) require matching funds from non-Federal sources only for grants in excess of a specified amount; and (2) allow spending for any qualified graduate program. (Sec. 305) Revises requirements for endowment challenge funds for institutions eligible for assistance under part A or part B. (Sec. 306) Revises, and transfers to title III part D, requirements for HBCU Capital Financing (currently under title VII part B). Includes administrative facilities, student centers, and student unions as capital projects. Authorizes the Secretary to sell guaranteed qualified bonds to any party offering the best terms. (Sec. 307) Revises, and transfers to title III part E, requirements for the Minority Science Improvement Program (currently Minority Science and Engineering Improvement Programs under title X part B). Includes the behavioral sciences under such program. (Sec. 308) Extends the authorization of appropriations for title III programs. Title IV: Student Assistance - Part A: Grants to Students in Attendance at Institutions of Higher Education - Revises HEA title IV part A to repeal authority for: (1) Presidential Access Scholarships; (2) model program community partnership and counseling grants; (3) public information; (4) a National Student Savings Demonstration Program; (5) pre-eligibility forms; and (6) technical assistance for teachers and counselors. Repeals authority for special child care services for disadvantaged college students (but establishes a program of campus-based child care for low-income parents in postsecondary education). Repeals authority for the State postsecondary review program. (Sec. 412) Revises the Federal Pell Grant program to extend program authority and increase the Federal Pell Grant maximum awards. Changes the name of the program from Basic Education Opportunities Grants to the Federal Pell Grant program. Replaces the current mandatory 85 percent advance payments to institutions with an alternative system (to be determined by the Secretary) that provides accurate and timely Pell grant program payments to institutions. Revises Pell grant requirements pertaining to maximum and minimum grants. Limits the period of a student's eligibility to receive a Pell grant to 150 percent of the period normally required to complete a course of study (full-time or part-time, as appropriate), with exceptions for students with disabilities. Revises requirements relating to Pell grants for separate courses in English language proficiency. (Sec. 413) Revises requirements Federal Early Outreach and Student Services Programs (which include Federal Trio Programs and National Early Intervention Scholarship and Partnership Program, as well as programs added by this Act). Increases the minimum grant level for Federal TRIO programs. Revises procedures for awarding TRIO grants and contracts. Permits TRIO directors to administer more than one program for disadvantaged students. Extends the authorization of appropriations for TRIO programs. Includes in the Talent Search Program activities designed to acquaint youth with careers in which individuals from disadvantaged backgrounds are particularly underrepresented. Revises authorized activities in Upward Bound to include work-study positions where participating youth are exposed to careers requiring a postsecondary degree. Allows those in such work-study positions to receive a $300 monthly stipend during June, July, and August. Requires the Secretary, in awarding Student Support Services grants to institutions, to consider the institution's efforts and past history in maintaining each student's loan burden at a manageable level when fulfilling the requirement of offering financial assistance to meet full financial need. Authorizes the Secretary to make grants to TRIO project entities to work in partnership with non-TRIO entities to disseminate and replicate best practices of, and provide technical assistance for, TRIO projects. (Sec. 414) Extends the authorization of appropriations for the National Early Intervention Scholarship and Partnership program. (Sec. 415) Extends the authorization of appropriations for the Federal supplemental educational opportunity grants (SEOG) program. Eliminates a specific percentage requirement relating to use of SEOG funds for less-than-full-time or independent students. Revises the formula for distributing SEOG campus-based funds in excess of the base guarantee amounts by eliminating a pro rata requirement and allowing all such distribution to be based on fair share. Provides for carry-over and carry-back authority and reallocation with respect to an institution's SEOG funds. (Sec. 416) Extends the authorization of appropriations for the Grants to States for State Student Incentives (SSIG) program. Establishes a Special Leveraging Educational Assistance Partnership Program (LEAP) for grants to States for a one-third Federal share of the cost of assisting eligible needy students by: (1) increasing the dollar amount of SSIG aid; (2) carrying out transition programs from secondary to postsecondary education; (3) making funds available for community service work-study activities; (4) creating a postsecondary scholarship program for those who wish to enter teaching; (5) creating a scholarship program for those who wish to enter a program of study leading to a degree in mathematics, computer science, or engineering; (6) carrying out early intervention, mentoring, and career education programs; and (7) awarding merit or academic scholarships. Sets forth requirements relating to Federal-State relationships and State agreements under the SSIG program. (Sec. 417) Extends the authorization of appropriations for the high school equivalency program (HEP) and the college assistance migrant program (CAMP) for students whose families are engaged in migrant and seasonal farmwork. (Sec. 418) Extends the authorization of appropriations for the Robert C. Byrd Honors Scholarship Program. (Sec. 419) Establishes a campus-based child care program under a new subpart 7 (Child Care Access Means Parents in School (CAMPUS)). Authorizes the Secretary to award grants to institutions of higher education to assist them in providing campus-base child care services to low-income students. Authorizes appropriations. Part B: Federal Family Education Loan Program - Revises HEA title IV part B (Federal Family Education Loan Program) with respect to advances to reserve funds. (Sec. 422) Requires each guaranty agency to establish and deposit specified funds for certain uses into a Federal Student Loan Reserve Fund, with such funds to be invested in obligations issued or guaranteed by the United States or a State, or in other similarly low-risk securities selected by the guaranty agency. (Sec. 423) Requires each guaranty agency to establish and deposit specified funds for certain uses into an Agency Operating Fund, with such funds (except those transferred from the Reserve Fund) to be invested at the guaranty agency's discretion. (Sec. 424) Revises requirements regarding: (1) applicable interest rates for student loans; and (2) special allowances. (Sec. 425) Revises requirements for Federal payments to reduce student interest costs with respect to: (1) Federal interest subsidies; (2) insurance program agreements, including options for repayment plans; (3) guaranty agreements for reimbursing losses; (4) payments for the costs of certain activities; (5) lenders-of-last-resort; and (6) default aversion assistance. Repeals provisions for: (1) payment to guaranty agencies for lender referral services; and (2) a State share of default costs. (Sec. 426) Authorizes the Secretary to enter into voluntary flexible agreements with guaranty agencies. (Sec. 427) Revises provisions for Federal PLUS loans to parents to: (1) authorize the Secretary to specify additional eligibility criteria; and (2) make PLUS loan applicants subject to verification of immigration status and social security number. (Sec. 428) Revises requirements for Federal consolidation loans to exclude from eligibility for consolidating defaulted loans any borrowers from whom involuntary payments are secured through litigation or administrative wage garnishment. (Sec. 429) Revises conditions for multiple disbursements of student loans. Exempts institutions with low cohort default rates from certain disbursement and endorsement requirements. (Sec. 431) Revises requirements relating to eligible borrowers of unsubsidized Stafford loans. (Sec. 432) Repeals the demonstration program for loan forgiveness for nurses and individuals performing national community service (while retaining the program of loan forgiveness for teachers). (Sec. 433) Directs the Secretary to prescribe common application forms and promissory notes, or multiyear promissory notes, for student financial assistance. Allows guaranty agencies, borrowers, and lenders to use electronically printed versions of the common forms approved by the Secretary. (Sec. 434) Revises requirements for lender disclosure of student loan information to borrowers to permit disclosure by electronic means. (Sec. 435) Requires any institution appealing loss of eligibility to pay the Secretary, during the pendency of the appeal, the equivalent of interest, special allowance, reinsurance, and any related payments the Secretary makes (or is obligated to make) with respect to loans to attending students. Requires any institution exceeding the cohort default rate threshold percentage for two consecutive years to submit to the Secretary a satisfactory default management plan. Formulates a participation rate index. Exempts from loss of eligibility any institution whose participation rate index is equal to or less than 0.0375 for any of the three applicable indices. (Sec. 436) Prescribes requirements for delegation of functions by an eligible lender or guaranty agency. Repeals the authority of the government of the District of Columbia to establish a student loan insurance program. (Sec. 437) Revises requirements relating to the Secretary's collection of origination fees through deduction from interest and special allowance subsidies. (Sec. 438) Directs the Secretary of the Treasury to study, and report to specified congressional committees on, market-based mechanisms for determining student loan interest rates. Part C: Federal Work-Study Programs - Extends the authorization of appropriations for HEA title IV part C Federal Work-Study Programs. (Sec. 442) Revises work-study program grant requirements with respect to use of funds for independent and less-than-full time students. Sets the Federal share of work-study compensation for students employed in community service at not more than 90 percent. (Sec. 443) Revises requirements, and extends the authorization of appropriations, for work colleges. Part D: William D. Ford Federal Direct Loan Program - Amends HEA title IV part D (William D. Ford Federal Direct Loan Program) to revise criteria for selection of institutions for Federal direct loan program participation and origination. (Sec. 452) Revises the formula for applicable interest rates for Federal direct student loans. (Sec. 453) Revises direct loan program requirements for contracts for origination, servicing, and data systems. (Sec. 454) Sets forth requirements regarding funds for administrative expenses. Revises the calculation basis for account maintenance fees payable to guaranty agencies. (Sec. 455) Sets forth requirements for cancellation of Stafford-Ford loans for teachers. Part E: Federal Perkins Loans - Amends HEA title IV part E (Federal Perkins Loans) to extend the authorization of appropriations for the Perkins Loan program. (Sec. 462) Revises requirements for: (1) allocation of funds; and (2) institutional default rate calculation and penalties. (Sec. 463) Revises requirements for agreements with institutions of higher education. Requires institutions to report at least annually to credit bureaus any changes to information previously disclosed. (Sec. 464) Revises terms and conditions of loans. Eliminates loans to students in institutions that do not have agreements with the Secretary. Provides for loans of up to $8,000 for each of the third and fourth years of undergraduate study, and up to $10,000 for the first year of graduate study, for juniors who state in writing that they will study to become full-time elementary or secondary school teachers in schools meeting certain criteria. Sets forth conditions for discharge and rehabilitation of loans. Authorizes participating institutions of higher education to establish incentive repayment programs, with the Secretary's approval. (Sec. 465) Revises requirements for distribution of assets from student loan funds to extend the program. (Sec. 466) Repeals authority for a Perkins Loan Revolving Fund, and requires transfer of its funds to the Treasury. Part F: Need Analysis - Revises HEA title IV part F (Need Analysis) cost of attendance requirements to eliminate specified dollar ceilings on the cost of room and board. Increases income protection allowances for student and family contributions, requiring the Secretary to revise these allowances for each academic year. Replaces current requirements for student financial aid administrator adjustments to loan certifications for special circumstances with general authorization to refuse or adjust loan certifications, with written documentation. Part G: General Provisions - Revises or establishes HEA title IV part G General Provisions relating to: (1) compliance with a master calendar; (2) delay of effective date for late publications; (3) a common financial aid form; (4) use of applications via electronic forms; (5) payments for data; (6) a multiyear promissory note; (7) student eligibility (to include those who have met State requirements with respect to high school education in a home school setting); (8) verification of income data with the Internal Revenue Service; (10) institutional refunds; (11) institutional and financial assistance information for students; (12) electronic media for information dissemination and for exit counseling for borrowers; (13) disclosures required with respect to athletically related student aid; (14) disclosure of campus security policy and campus crime statistics; (15) the national student loan data system; (16) training in financial aid services; (17) specified information on the costs of higher education; (18) program participation agreements; (19) regulatory relief and improvement; (20) distance education demonstration programs; (21) the Advisory Committee on Student Financial Assistance; and (22) regional meetings and negotiated rulemaking. Part H: Program Integrity Triad - Revises HEA title IV part H (Program Integrity Triad) to replace authority for the State Postsecondary Review Program with requirements relating to State responsibilities and institutional responsibility. (Sec. 492) Revises, or establishes, program integrity requirements relating to: (1) standards for accrediting agency recognition; (2) operating procedures; (3) a single application form; (4) financial responsibility standards; (5) financial guarantees from owners; (6) applications and site visits; (7) eligibility time limitations and renewal; (8) provisional certification; (9) treatment of branches; (10) program review and data; and (11) special administrative rules. Part I: Administrative Provisions for Delivery of Student Financial Assistance - Establishes a performance-based organization (PBO) in the Department of Education to administer various functions relating to student financial assistance programs. (Sec. 495) Vests management of the PBO in a Chief Operating Officer (COO) appointed by the Secretary. Directs the Secretary and the COO to develop an annual performance agreement for the PBO establishing measurable goals and objectives for the organization. Authorizes appropriations. Title V: Graduate and Postsecondary Education Improvement - Sets forth a new HEA title V (Graduate and Postsecondary Education Improvement) programs to replace the current HEA title V (Educator Recruitment, Retention, and Development), hereby repealed. (Sec. 501) Transfers to title V (from current titles IX, X, and XI): (1) the Jacob K. Javits Fellowship Program; (2) Graduate Assistance in Areas of National Need; (3) Urban Community Service; and (4) the Fund for the Improvement of Postsecondary Education. Part A: Jacob K. Javits Fellowship Program - Extends the authorization of appropriations for the Jacob K. Javits Fellowship program. (Sec. 511) Increases the amount of the payment to an institution with respect to each individual awarded a fellowship under such program. Revises requirements for award of such fellowships to limit eligibility to students who demonstrate financial need. Sets forth requirements for the process and timing of the fellowship competition. Authorizes the Secretary to contract with a nongovernmental agency to administer the program. Part B: Graduate Assistance in Areas of National Need - Extends the authorization of appropriations for Graduate Assistance in Areas of National Need. (Sec. 521) Increases the amount of the payment to an institution with respect to each individual awarded a fellowship under such program. Revises requirements for designation of areas of national need and content of applications. Part C: Urban Community Service - Extends the authorization of appropriations for the Urban Community Service grants program. (Sec. 531) Requires the Secretary to give priority to applicant eligible institutions that demonstrate commitment to urban community service. Part D: Fund for the Improvement of Postsecondary Education - Extends the authorization of appropriations for the Fund for the Improvement of Postsecondary Education, and for its grants for planning and special projects. (Sec. 541) Allows a greater number of technical employees. Includes among authorized special projects: (1) institutional restructuring to improve learning and promote cost efficiencies; (2) evaluation and dissemination of model programs; and (3) articulation between two-year and four-year institutions, including developing innovative methods to ensure the successful transfer of students. Part E: Higher Education Access for Students with Disabilities - Sets forth a new title V part F (Higher Education Access for Students with Disabilities). (Sec. 551) Directs the Secretary to award competitive grants to higher education institutions to develop model programs to provide technical assistance, training, and professional development for faculty and administrators to teach effectively students with disabilities. Authorizes the Secretary to award grants to higher education institutions to disseminate their demonstrated exceptional programs for disabilities. Title VI: International Education Programs - Extends the authorization of appropriations for part A (International and Foreign Language Studies). (Sec. 601) Revises or establishes provisions for: (1) graduate and undergraduate national language and area centers and programs and authorized activities; (2) language resource centers; (3) incentives for new and existing undergraduate international studies and foreign language programs, and Federal share and use of funds for such programs; (4) research, studies, and reports; (5) selection of certain grant applicants; (6) equitable distribution of certain funds; (7) American overseas research centers; and (8) development grants for new such centers. (Sec. 602) Extends the authorization of appropriations for part B (Business and International Education Programs). Revises requirements for centers for international business education. (Sec. 603) Extends the authorization of appropriations for the Institute for International Public Policy. Raises from one-fourth to one-half the non-Federal matching funds requirement for the minority foreign service professional development program. Requires the non-Federal contribution to be from private sector sources. Revises requirements for the study abroad program to extend the program to students completing the third year of study in the case of a summer abroad program. Provides for an institutional development program of grants to historically Black colleges and universities, Hispanic-serving institutions, tribally controlled community colleges, and minority institutions, to strengthen their international affairs programs. (Sec. 604) Repeals provisions relating to preservation of pre-1992 programs. Title VII: Related Programs and Amendments to Other Laws - Part A: Indian Higher Education Programs - Amends the Tribally Controlled Community College Assistance Act of 1978 to rename it the Tribally Controlled College or University Act of 1978. (Sec. 711) Extends such Act's programs to colleges and universities. Increases the amount per Indian student of grants to such colleges and universities. Extends the authorization of appropriations for grants, endowment, and economic development programs. (Sec. 712) Amends the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act to extend the authorization of appropriations for the Institute of American Indian and Alaska Native Culture and Arts Development. Part B: Advanced Placement Fee Payment Program - Authorizes the Secretary to make grants to States to reimburse low-income individuals for the cost of advanced placement test fees. (This program is currently under the Higher Education Amendments of 1992.) (Sec. 721) Revises such program to: (1) encourage States to support advanced placement teacher training and related activities designed to increase the participation of low-income individuals; and (2) permit the use of up to five percent of funds to disseminate information about the availability of test fee payments. Extends the authorization of appropriations for such program. Part C: Institute for Peace Act - Amends the United States Institute for Peace Act to extend the authorization of appropriations for the Institute. Part D: Community Scholarship Mobilization - Community Scholarship Mobilization Act - Directs the Secretary of Education to award an endowment grant, on a competitive basis, to a national organization to support the establishment or ongoing work of regional, State or community program centers that foster development of local entities in high poverty areas to improve high school graduation rates and postsecondary attendance through academic support services and postsecondary scholarship assistance. (Sec. 745) Directs the Secretary to award one or more such endowment grants pursuant to an agreement with a national association which requires that: (1) 70 percent of endowment fund interest income in any fiscal year be used to assist such centers; (2) 30 percent of such income in any fiscal year be used for scholarships for students from low-income families, to be matched on a dollar-for-dollar basis from funds raised by the local entities; and (3) at least 50 percent of all the interest income from the endowment be allocated to establish new local entities or support regional, State or community program centers in high poverty areas. (Sec. 746) Authorizes appropriations. Part E: Grants to States for Workplace and Community Transition Training for Incarcerated Youth Offenders - Directs the Secretary of Education to carry out the program of Grants to States for Workplace and Community Transition Training for Incarcerated Youth Offenders (currently under HEA title X part E). (Sec. 751) Extends the authorization of appropriations for such program. Part F: Education of the Deaf - Education of the Deaf Amendments of 1998 - Amends the Education of the Deaf Act (EDA) to: (1) require elementary and secondary programs to comply with certain requirements under the Individuals With Disabilities Education Act; (2) revise requirements relating to agreements with Gallaudet University and the National Technical Institute for the Deaf (NTID); and (3) revise requirements for audits, reports, investments, and international students. (Sec. 768) Extends the authorization of appropriations for monitoring, evaluation, and reporting. (Sec. 769) Revises requirements for Federal endowment programs payments, and for withdrawals and expenditures. Extends the authorization of appropriations for Federal endowment programs (for Gallaudet University and NTID). (Sec. 771) Requires Gallaudet University and the NTID to: (1) establish and disseminate research priorities that reflect public input; and (2) submit reports to the Secretary of Education and specified congressional committees. (Sec. 772) Extends the authorization of appropriations for Gallaudet University and NTID programs under EDA. (Sec. 773) Directs the Secretary of Education to establish a Commission on the Education of the Deaf to identify those education-related factors in the lives of deaf individuals that: (1) result in barriers to successful postsecondary education experiences and employment; or (2) contribute to successful postsecondary education and employment experiences. Authorizes appropriations. Part G: Repeals - Repeals the following HEA provisions: (1) under title VII (Construction, Reconstruction, and Renovation of Academic Facilities), part A (Improvement of Academic and Library Facilities), part C (Loans for Construction, Reconstruction and Renovation of Academic, Housing, and Other Educational Facilities), part D (College Construction Loan Insurance Association), and part E (General Provisions); (2) title VIII (Cooperative Education); (3) under title IX (Graduate Programs), part A (Grants to Institutions and Consortia to Encourage Women and Minority Participation in Graduate Education), part B (Patricia Roberts Harris Fellowship Program), part E (Faculty Development Fellowship Program), part F (Assistance for Training in Legal Profession), and part G (Law School Clinical Experience Programs); (4) under title X (Postsecondary Improvement Programs), part B subpart 2 (Science and Engineering Access Programs), part C (Women and Minorities Science and Engineering Outreach Demonstration Program), and part D (Dwight D. Eisenhower Leadership Program); and (5) under title XI (Community Service Programs), part B (Innovative Projects). (Sec. 781) Repeals the following provisions under the Higher Education Amendments of 1992: (1) under title XIII (Indian Higher Education Programs), part E (Tribal Development Student Assistance Act), part F (American Indian Postsecondary Economic Development Scholarship), and part G (American Indian Teacher Training); (2) title XIV (Studies and Commissions); and (3) title XV (Related Programs and Amendments to Other Laws), including parts A (National Center for the Workplace), part B (National Clearinghouse for Postsecondary Education Materials), part C (School-Based Decisionmakers), part D (Grants for Sexual Offenses Education), and part E (Olympic Scholarships). Part H: Miscellaneous - Expresses the sense of the Congress that the Department of Education should: (1) assess immediately the extent of the risk to the operations of the student financial aid system posed by the year 2000 computer problem; (2) give the highest priority to correcting all two-digit date-related problems in the Department's computer systems to ensure that those systems continue to operate effectively in the year 2000 and beyond; and (3) develop contingency plans, with respect to the year 2000 computer problem, for those computer systems that the Department is unable to correct in time. (Sec. 791) Directs the Secretary of Education to report to specified congressional committees on the compliance status of all mission critical systems at the Department, as well as such contingency plans.
United States · United States Congress · 27 March 1998
High-Tech Immigration and United States Worker Protection Act - Amends the Immigration and Nationality Act to temporarily increase the annual number of skilled foreign worker visas. (Sec. 3) Directs the Comptroller General to study and report on the high technology market labor needs and the extent to which such jobs are likely to be unfulfilled in FY 2001 through 2006. (Sec. 4) Establishes in the Department of Labor a fund to assist U.S. workers obtain skills that are in short supply as evidenced by certain foreign worker applications. Obligates specified fund amounts for a related loan program. Directs the Secretary to provide grants to eligible entities for creation of Regional Skills Alliances to address market and labor needs. Provides for the establishment of a National Alliance for High Technology Skills which shall recommend worker training strategies to the President. (Sec. 5) Amends the Immigration and Nationality Act to revise labor condition application provisions, including: (1) authorizing the Secretary to initiate investigations; (2) increasing civil penalty amounts; and (3) establishing an employer-paid application fee. (Sec. 6) Requires an employer: (1) with certain exceptions, to recruit U.S. workers prior to seeking foreign workers; and (2) within certain time periods, to have not laid off or subsequently not lay off U.S. workers in order to replace them with foreign workers. (Sec. 8) Reduces the maximum admissions period for such foreign workers.
United States · United States Congress · 25 March 1998
TABLE OF CONTENTS: Title I: Establishment of Options Program Title II: Expanded Availability of Health Care Services Title III: Demonstration Projects and Outreach Title IV: Miscellaneous Work Incentives Improvement Act of 1998 - Title I: Establishment of Options Program - Amends title XI of the Social Security Act (SSA) to add a new part D (OPTIONS Program for Working Individuals with Disabilities). Directs the Commissioner of Social Security to establish the OPTIONS program under which an eligible working individual with a disability and an SSDI (Social Security Disability Insurance) Options program participant shall receive, without being subjected to a waiting period, work incentive services under SSA title XIX (Medicaid) to the extent the State in which the individual or participant resides makes such services available in accordance with title II of this Act, as well as work counseling and assistance. (Sec. 101) Requires an SSDI OPTIONS program participant to be provided, after having been entitled to receive cash benefits under the Disability Insurance Benefits (DIB) program under SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) for at least 24 months (or having participated in the OPTIONS program for at least such period), with the opportunity to purchase Medicare hospital insurance benefits and supplementary medical insurance benefits for as long as the individual participates in the OPTIONS program. Requires such SSDI OPTIONS program participant to choose: (1) to waive DIB cash benefits and acquire average monthly earnings from substantial gainful activity in excess of the amount designated to represent such activity by the Commissioner; or (2) if at the time the individual first elects to participate in the OPTIONS program, he or she has received DIB cash benefits for at least 24 months, to not waive such benefits, and to continue to be subject to the limitation imposed by the Commission for other disability beneficiaries under DIB with respect to average monthly earnings from substantial gainful activity. Outlines continuing disability and other work-related reviews with regard to SSDI OPTIONS program participants, as well as the rules applicable to such program participants who choose to retain cash DIB benefits. Provides that if an SSDI OPTIONS program participant terminates his or her employment, the participant shall: (1) no longer be considered an SSDI OPTIONS program participant; and (2) be presumed automatically eligible for cash DIB benefits and hospital insurance benefits under OASDI, and for Supplemental Security Income (SSI) benefits under SSA title XVI and medical assistance under SSA title XIX (Medicaid), and any month in which the participant participated in the OPTIONS program shall be included in the determination of the 24-month period required for hospital insurance benefits under OASDI. Such a participant shall continue to be eligible for work incentive services under a State work options program only to the extent that the individual's State of residence offers such services and the participant otherwise qualifies for them. Makes appropriations to carry out the OPTIONS program, except for work incentive counseling and assistance program components, which are to be funded out of amounts available for the OASDI and SSI programs. (Sec. 102) Amends title XI of the Social Security Act to direct the Commissioner to establish a community-based work incentive counseling and assistance program under which the Commissioner shall enter into agreements to provide counseling and assistance to eligible working individuals with a disability and SSDI OPTIONS program participants. Requires such agreements to be made with States and public and private agencies and organizations other than Social Security Administration Field Offices that the Commissioner determines have experience in providing rehabilitation services or independent living and social services to working individuals with disabilities, and are qualified to provide counseling and assistance in accordance with specified requirements. Title II: Expanded Availability of Health Care Services - Amends SSA title XIX (Medicaid) to provide for a State Work Options Program for States that elect through a plan amendment to provide work incentive services to qualified eligible working individuals with a disability and to work eligible individuals. Provides for certain limitations on premiums and cost-sharing under such program. Gives priority under such program for personal assistance services to 16- through 25-year-old work eligible individuals. (Sec. 201) Requires a State to provide a choice of provider models for receiving personal assistance services. Prohibits payment under the program for any work incentive services provided to an eligible participant who is also eligible for: (1) health benefits coverage offered by the individual's employer; or (2) any other coverage or payment available for such services, including a vocational rehabilitation program. (Sec. 202) Amends SSA title XVIII (Medicare) to provide for an extension of Medicare Hospital Insurance and Supplementary Medical Insurance for SSDI OPTIONS Program participants. Amends the Internal Revenue Code to provide for disclosure of taxpayer return information to the Social Security Administration for purposes of collecting premiums for SSDI OPTIONS Program participants receiving extended Medicare benefits. Title III: Demonstration Projects and Outreach - Amends the Social Security Disability Amendments of 1980 to provide for an extension of disability insurance program demonstration project authority to include any group of participants with impairments that reasonably may be presumed to be disabled. (Sec. 301) Amends SSA title XI to prescribe requirements for consideration of demonstration project waivers to reduce work disincentives for individuals with disabilities. Expresses the sense of the Congress that the Commissioner of Social Security and the Secretary of Health and Human Services should establish additional demonstration projects to assist individuals with disabilities to engage in work. (Sec. 302) Directs the Commissioner of Social Security to establish and conduct directly, or through grants, contracts, or interagency agreements, an ongoing program of outreach to individuals with disabilities who are potentially eligible to participate in the OPTIONS program or to engage in substantial gainful activity under SSI, and to the families of such individuals. Directs the Commissioner of Social Security to: (1) prepare and disseminate information explaining the OPTIONS program and the opportunity to engage in substantial gainful activity; and (2) work in cooperation with other Federal, State, and private agencies and nonprofit organizations that serve disabled individuals, and with agencies and organizations that focus on vocational rehabilitation and work-related training and counseling. Title IV: Miscellaneous - Requires the Commissioner of Social Security and the Secretary of Health and Human Services to report jointly to the Congress their recommendations for any administrative or legislative changes, including changes to the OPTIONS program for working individuals with disabilities, that they determine would be appropriate to reduce work disincentives for individuals with disabilities.
United States · United States Congress · 23 March 1998
Child Support Performance Improvement Act of 1998 - Directs the Secretary of Health and Human Services to make incentive payments to States, according to specified formulae, with respect to their performance in paternity establishment and child support order enforcement, including cost-effectiveness. (Sec. 2) Instructs the Secretary to study and report to the Congress on: (1) the implementation of such incentive payment system (especially on variations in State performance attributable to demographic or economic variables); and (2) the development of a performance measure based on State effectiveness in establishing and enforcing child medical support obligations (including recommendations for incorporating such measure into the incentive payment system in a revenue neutral manner). Requires the Secretary to implement recommendations in such reports, unless they are disapproved by a joint resolution of Congress enacted according to specified procedures. Repeals the predecessor incentive payment system. (Sec. 3) Requires the director of the Department of Health and Human Resources unit dealing with child support and establishment of paternity to: (1) ensure that data required for the operation of State programs is complete and reliable by providing Federal guidance, technical assistance, and monitoring; (2) develop jointly with the Secretary of Labor a National Standardized Medical Support Notice (Notice) for State enforcement of medical support orders, as well as appropriate procedures for State agency transmittal of the Notice to employers; (3) establish with the Secretary of Labor a medical support working group to identify impediments to effective enforcement of medical support by State agencies and recommend appropriate measures to address such impediments; and (4) promulgate implementing regulations. (Sec. 4) Requires States to have statutorily prescribed procedures under which all child support orders include child health care coverage that is enforced through use of the Notice. Prescribes enforcement guidelines for enrollment of the child in the health care coverage of the noncustodial parent's employer, as well as mandatory paycheck contributions by such parent to pay for such coverage. Amends the Employee Retirement Income Security Act of 1974 (ERISA) to declare such Notice a qualified medical child support order with which a plan administrator must comply. Directs the Secretary of Labor to report to certain congressional committees any recommendations for legislation to improve the effectiveness and enforcement of qualified medical child support orders under ERISA.
United States · United States Congress · 20 March 1998
Children's Health Insurance Accountability Act of 1998 - Amends the Public Health Service Act to require, if a group health plan (or a health insurer in connection with health insurance) requires or permits an enrollee to designate a participating primary care provider for the enrollee's child: (1) that the enrollee be permitted to designate a pediatrics specialist; and (2) if the enrollee has not designated the child's provider, that the plan consider pediatric expertise in mandatorily assigning a primary provider. Mandates that a plan or insurer, when required, refer a child to a participating specialist (or, if no participating specialist is available, to a nonparticipating specialist) with extensive experience or training who is available and accessible regarding the condition involved. Mandates a procedure for designation of a specialist as a primary provider for a child needing prolonged specialized care. Mandates standing referrals and treatment plans in certain circumstances. Requires that the plan or insurer ensure a sufficient number, distribution, and variety of providers. Requires that, if a plan or insurer provides emergency service coverage for children, that the coverage be without prior authorization, whether or not the provider is participating, and without regard to any other term or condition of coverage, subject to exception. Requires that the existence of an emergency medical condition be judged from the standard of a prudent layperson. Mandates coverage of otherwise-covered services provided as maintenance or post-stabilization care covered under the guidelines of title XVIII (Medicare) of the Social Security Act. Prohibits an insurer from imposing cost sharing for pediatric specialty services that exceed the cost sharing for other specialty care. Requires special consideration for children with special health care needs. Mandates continuity of care when a contract between an insurer and a provider is terminated. Requires an insurer to: (1) maintain an ongoing internal quality assurance program and conduct utilization review activities, both meeting specified minimum requirements; (2) maintain a complaint and appeal system; (3) provide for an independent external review process; and (4) provide specified information to enrollees, prospective enrollees, and the public. Allows State provisions at least as stringent on insurers as the requirements of this Act. Amends the Employee Retirement Income Security Act of 1974 (ERISA) to apply the amendments above to ERISA as if they were incorporated into ERISA. Mandates studies and reports regarding: (1) unique characteristics of illness, disability, and injury in children; (2) the development of measures of quality of care and outcomes regarding children's health care; (3) children's access to primary mental health services and the coordination of managed behavioral health services; (4) the structure and performance of non-governmental health plans, Medicaid (title XIX of the Social Security Act) managed care organizations, Medicaid plans, and the program under title XXI (Children's Health Insurance) of the Social Security Act serving the needs of children with special health care needs; (5) the structure and performance of non-governmental plans in serving children's needs as compared to Medicaid managed care organizations; and (6) the emphasis that private managed care plans place on primary care and the control of services as it relates to care and services provided to children with special health care needs.
United States · United States Congress · 19 March 1998
Fair Minimum Wage Act of 1998 - Amends the Fair Labor Standards Act of 1938 to increase the Federal minimum wage (currently $5.15 per hour) to: (1) $5.65 an hour during the year 1999; and (2) $6.15 an hour during the year 2000.
United States · United States Congress · 19 March 1998
Affordable Health Insurance Act of 1998 - Amends the Public Health Service Act to limit the premiums an insurer may charge for new or renewal individual enrollment for an individual who is eligible because of prior group coverage. Adds the same limit to provisions relating to State flexibility in individual market reforms.
United States · United States Congress · 17 March 1998
TABLE OF CONTENTS: Title I: Access to Medicare Benefits for Individuals 62-to- 65 Years of Age Title II: Access to Medicare Benefits for Displaced Workers 55-to-62 Years of Age Title III: COBRA Protection for Early Retirees Subtitle A: Amendments to the Employee Retirement Income Security Act of 1974 Subtitle B: Amendments to the Public Health Service Act Subtitle C: Amendments to the Internal Revenue Code of 1986 Title IV: Financing Medicare Early Access Act of 1998 - Title I: Access to Medicare Benefits for Individuals 62-to-65 Years of Age - Amends title XVIII (Medicare) of the Social Security Act (SSA) to add a new part D (Purchase of Medicare Benefits by Certain Individuals Age 62-to-65 Years of Age). Makes eligible to enroll in Medicare during a specified period individuals between the ages of 62 and 65 who: (1) are not eligible for coverage under group health plans or Federal health insurance; but (2) would be Medicare-eligible if age 65. Requires prior notification of each individual seeking to enroll of the deferred monthly premium amount for which the individual will be liable upon attaining age 65. (Sec. 101) Directs the Secretary of Health and Human Services to determine rates for: (1) the base monthly premium; (2) the base annual premium for individuals age 62 or older; and (3) the deferred premium for such individuals. Limits the maximum annual premium in a premium area to assure participation in all areas of the country. Directs the Secretary to provide for payment and collection of the base monthly premium. Makes the enrollee liable for the deferred monthly premium payment. Requires collection of both premiums in the same manner as for the payment of monthly premiums under Medicare part B (Supplementary Medical Insurance). Creates in the Treasury the Medicare Early Access Trust Fund (Trust Fund) to hold collected premiums as well as the savings from new fraud and abuse initiatives under the Medicare Fraud and Overpayment Act of 1998 which are transferred to it out of the Medicare trust funds. Directs: (1) the Trust Fund's Board of Trustees to report annually to the Congress on the need for adjustments in the new program in order to maintain its financial solvency; and (2) the Comptroller General to report periodically to the Congress on the adequacy of program financing along with appropriate recommendations to accomplish such end. Requires: (1) individuals enrolled under the new part D program to be treated for Medicare purposes as though they were entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under Medicare part B; and (2) new part D program benefits to be payable under Medicare to such individuals in the same manner as if they were so entitled and enrolled. Provides that the new part D program shall not be treated as Medicare for purposes of the Medicaid program under SSA title XIX, including the provision of Medicare cost-sharing assistance, nor for purposes of COBRA continuation requirements of the Public Health Service Act. Title II: Access to Medicare Benefits for Displaced Workers 55-to-62 Years of Age - Amends SSA title XVIII part D to rename the newly established part D program the Purchase of Medicare Benefits by Certain Individuals Age 55-to-65 Years of Age. Provides for part D coverage for certain displaced workers and spouses between the ages of 55 and 62 under arrangements similar to those in title I. Directs the Secretary to provide for continued enrollment of displaced workers who attain 62 years of age. Title III: COBRA Protection for Early Retirees - Subtitle A: Amendments to the Employee Retirement Income Security Act of 1974 - Amends the Employee Retirement Income Security Act of 1974 to extend specified group health plan insurance continuation coverage under COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985) to qualified retirees and their dependents, in cases of substantial reduction or termination of a retiree group health plan. Sets forth a special rule for certain dependents in case of termination or substantial reduction of retiree health coverage. Permits an increased level of premiums in the case of an individual provided continuation coverage by reason of the qualifying event. Subtitle B: Amendments to the Public Health Service Act - Amends the Public Health Service Act to extend specified group health plan insurance continuation coverage under COBRA to qualified retirees and their dependents, in cases of substantial reduction or termination of a retiree group health plan. Sets forth a special rule for certain dependents in case of termination or substantial reduction of retiree health coverage. Permits an increased level of premiums in the case of an individual provided continuation coverage by reason of the qualifying event. Subtitle C: Amendments to the Internal Revenue Code of 1986 - Amends the Internal Revenue Code to extend specified group health plan insurance continuation coverage under COBRA to qualified retirees and their dependents, in cases of substantial reduction or termination of a retiree group health plan. Sets forth a special rule for certain dependents in case of termination or substantial reduction of retiree health coverage. Permits an increased level of premiums in the case of an individual provided continuation coverage by reason of the qualifying event. Title IV: Financing - Requires any increase in payments under the Medicare program that results from the enactment of this Act to be offset by reductions in Medicare payments pursuant to the anti-fraud and -abuse provisions of the Medicare Fraud and Overpayment Act of 1998.
United States · United States Congress · 17 March 1998
Declares that the Senate: (1) expresses gratitude to, and calls upon all Americans to show their gratitude to, John McCain and the men who were held as prisoners of war during the Vietnam conflict and for the return of Senator McCain to the United States; and (2) will not forget that more than 2,000 members of the armed forces remain unaccounted for from such conflict and will continue to press for the fullest accounting for such members.
United States · United States Congress · 12 March 1998
TABLE OF CONTENTS: Title I: Health Professions Education and Financial Assistance Programs Subtitle A: Health Professions Education Programs Subtitle B: Nursing Workforce Development Subtitle C: Financial Assistance Title II: Office of Minority Health Title III: Selected Initiatives Title IV: Miscellaneous Provisions Health Professions Education Partnerships Act of 1998 - Title I: Health Professions Education and Financial Assistance Programs - Subtitle A: Health Professions Education Programs - Amends the Public Health Service Act to replace provisions relating to the training of health personnel from disadvantaged backgrounds with provisions mandating grants for programs of excellence in health professions education for underrepresented minority individuals, including to develop large applicant pools, enhance academic performance, train, recruit, and retain faculty, improve resources and curricula, and facilitate research. Authorizes appropriations. Authorizes grants to specified types of health professions schools for scholarships for students from disadvantaged backgrounds who have a financial need for a scholarship, with grant priority based on the proportion of graduates going into primary care, the proportion of underrepresented minority students, and the proportion of graduates working in medically underserved communities. Authorizes appropriations. Mandates a program of contracts for educational loan repayment (for individuals from disadvantaged backgrounds) in return for service as faculty members at specified types of health professions schools. Authorizes appropriations. Authorizes grants and contracts to increase the number of underrepresented minority faculty members. Authorizes appropriations. Authorizes grants and contracts to assist individuals from disadvantaged backgrounds to undertake education to enter a health profession and for scholarships for health professions education. Authorizes appropriations. Repeals provisions relating to obligated service regarding certain programs. (Sec. 102) Repeals provisions relating to area health education center programs. Modifies provisions relating to training in family medicine by adding: (1) references to internal medicine and general pediatrics; (2) provisions regarding the training of physician assistants; and (3) provisions regarding programs of general or pediatric dentistry. Authorizes appropriations. Repeals provisions regarding: (1) training in internal medicine, general pediatrics, general dentistry, physician assistants, and podiatric medicine; and (2) traineeships, fellowships, and the amount of grants. Establishes the Advisory Committee on Training in Primary Care Medicine and Dentistry. (Sec. 103) Replaces provisions relating to training in certain health professions with provisions requiring that, in order to receive assistance under the amendments made by this section, an academic institution use the assistance in collaboration with two or more disciplines. Requires the recipient to carry out innovative demonstration projects for strategic workforce supplementation to meet national goals for interdisciplinary, community-based linkages. Mandates grants and contracts for area health education center programs meeting certain objectives, including recruiting and training health professionals from and for underserved areas and underserved populations. Requires that, in order to be eligible for funds under this paragraph, a health education training center be an entity otherwise eligible for funds under the paragraph immediately above and meet other specified requirements, including addressing persistent and severe unmet health care needs in States bordering the United States and Mexico, in Florida, and other areas. Requires that funding be made available. Mandates grants and contracts for the establishment or operation of geriatric education centers. Authorizes grants and contracts for geriatric training projects to train physicians, dentists, and behavioral and mental health professionals who plan to teach geriatric medicine, geriatric behavioral or mental health, or geriatric dentistry. Mandates a program to provide Geriatric Academic Career Awards to promote the career development of individuals as academic geriatricians. Requires Award recipients to provide clinical geriatrics training. Authorizes grants or contracts to help fund interdisciplinary training projects involving: (1) training health practitioners for rural areas; (2) demonstrating cost-effective comprehensive health care; (3) delivering rural health care; (4) enhancing rural health care research; and (5) recruiting and retaining practitioners from rural areas and making rural practice more attractive. Allows the use of student stipends, post-doctoral fellowships, faculty training, and the purchase or rental of transportation and telecommunication equipment. Authorizes grants or contracts for: (1) expanding or establishing programs to increase the number of allied health professionals; (2) projects in preventive and primary care training for podiatric physicians in residency programs providing traineeships; and (3) demonstration projects involving collaboration between chiropractors and physicians to identify and provide effective treatment for spinal and lower back conditions. Mandates establishment of the Advisory Committee on Interdisciplinary, Community-Based Linkages. Authorizes appropriations to carry out this section. (Sec. 104) Replaces provisions relating to special training projects with provisions authorizing grants or contracts for information collection, analysis, research, and the development of a non-Federal analytic and research infrastructure, all related to the health professions workforce, related issues, and future directions. Authorizes appropriations. Amends the Health Professions Education Extension Amendments of 1992 to extend the dates for the final report and termination of the Council on Graduate Medical Education. Allows amounts otherwise appropriated under specified provisions to be used to support the Council's activities. Transfers the amended provisions to the Public Health Service Act. (Sec. 105) Amends the Public Health Service Act to authorize grants or contracts: (1) to increase the public health workforce and enhance its quality and ability to meet health care needs; and (2) for the operation of public health training centers. Authorizes grants for graduate or specialized training in public health, to assist in providing traineeships in health professions fields in which there is a severe shortage of health professionals. Authorizes grants and contracts for residency programs in preventive medicine and dental public health and related financial assistance to residency trainees. Authorizes grants for: (1) traineeships in health administration, hospital administration, or health policy analysis and planning; and (2) related preparation of students for employment with public or nonprofit private entities. Authorizes appropriations to carry out this section. (Sec. 106) Repeals or removes provisions of the Public Health Service relating to: (1) research on certain health professions issues; (2) chiropractic demonstration projects; (3) the submission of specified information in conjunction with applications for grants or contracts; and (4) the development and publication of certain statistics, the handling of certain personal data, and the submission of certain reports. Imposes new application requirements and lists permitted uses of funds. Requires competitive awarding of grants and contracts. Adds professional counselors to the list of health professions personnel about whom information may be collected and analyzed. (Sec. 107) Requires that programs that have graduated less than three classes be given funding priority if they meet certain criteria relating to serving underserved populations or underserved communities. (Sec. 108) Adds references to behavioral health and to counseling to various generally applicable to health professions education provisions. Includes in the definition of "medically underserved community" an area or population designated by a State governor as a shortage area or medically underserved community. Modifies the definition of "program for the training of physician assistants." Subtitle B: Nursing Workforce Development - Nursing Education and Practice Improvement Act of 1998 - Replaces Public Health Service Act title VIII (Nurse Education) (except provisions relating to student loans, the loan repayment program, and sex discrimination) with a new title on nursing workforce development. Requires that grants and contracts be awarded competitively. Authorizes grants and contracts to: (1) enhance advanced practice nursing education and practice and traineeships for individuals in advanced practice nursing programs; (2) increase nursing education opportunities for individuals from disadvantaged backgrounds by providing scholarships or stipends, pre-entry preparation, and retention activities; and (3) strengthen capacity for basic nurse education and practice. Authorizes appropriations. Establishes the National Advisory Council on Nurse Education and Practice. Subtitle C: Financial Assistance - Chapter 1: School-Based Revolving Loan Funds - Modifies requirements: (1) schools must (in order to participate in the student loan program under specified provisions) meet regarding the percentages of graduates going into primary care; and (2) regarding student noncompliance with loan agreements. Removes a requirement for an annual report to specified congressional committees regarding administration of provisions relating to student loan funds in the context of medical schools and primary care. (Sec. 132) Extends the authorization of appropriations for Federal capital contributions to student loan funds under provisions relating to students from disadvantaged backgrounds. Repeals the authorization effective October 1, 2002. (Sec. 133) Allows loan repayment to be extended for up to ten years in specified circumstances. Increases minimum principal and interest payments. Prohibits, notwithstanding any other provisions of Federal or State law, any limit on the period within which a nursing school may seek repayment. Specifies the consequences (applicable if so provided in the agreement) imposed on default concerning an agreement to provide service in consideration for an award of Federal funds regarding nursing education. (Sec. 134) Modifies provisions controlling the maximum limit on a loan made to a student for a school year. Allows repayment to be made over ten to 25 (currently, over ten) years, at the option of the institution. Increases minimum principal and interest payments. Prohibits, notwithstanding any other provisions of Federal or State law, any limit on the period within which a nursing school may seek repayment. Sets a deadline for obligation of amounts from student loan funds under certain provisions that are returned to the Secretary by health professions schools. Chapter 2: Insured Health Education Assistance Loans to Graduate Students - Authorizes loan payment deferral for up to three years while the borrower is providing health care services to Indians through an Indian health program. Removes a requirement that the Office for Health Education Assistance Loan Default Reduction submit an annual report to specified congressional committees. Allows collection of loan balances after the borrower's death. Limits the maximum annual dollar amount of a loan to a student in a graduate program in behavioral and mental health practice, including clinical psychology, and includes institutions offering such programs in the definition of "eligible institution." (Sec. 142) Removes provisions mandating performance standards for lenders and holders of loans. Allows Federal payment of the loan after default, unless the lender, holder, or servicer has a compliance performance rating under 97 percent, in which case payment must be made at 98 percent of the loss. (Sec. 143) Sets forth maximum limits for specified fiscal years on the total principal amount of new loans made and installments paid pursuant to lines of credit to borrowers covered by Federal loan insurance under provisions relating to insured health education assistance loans to graduate students. (Sec. 144) Allows, notwithstanding any other provision of Federal or State law, an insured loan to be discharged in bankruptcy. (Current law allows such discharge, but makes no reference to other provisions of law.) (Sec. 145) Prohibits construing specified provisions as prohibiting refinancing of a single loan. Title II: Office of Minority Health - Modifies the duties of the Office of Minority Health. Establishes the Advisory Committee on Minority Health. Requires that grants, cooperative agreements, and contracts be awarded on a competitive basis. Authorizes appropriations: (1) for the Office; and (2) to enable the National Center for Health Statistics to collect data on Hispanics and American Indians and to develop special area population studies on major Asian American and Pacific Islander populations. Locates the Office in the Office of Public Health and Science (currently, in the Office of the Assistant Secretary for Health). Title III: Selected Initiatives - Amends provisions relating to grants to States for operation of offices of rural health to remove a requirement that non-Federal matching funds be in cash. Extends the authorization of appropriations. Increases the dollar appropriation level after which additional grants are prohibited. (Sec. 302) Removes the minimum and maximum limits on the number of grants to States for certain programs concerning Alzheimer's disease or related disorders. Allows respite care under such programs to be provided to individuals living in single family homes or in congregate settings. Allows grant funds to be used to improve access to home-based or community-based long-term care services. Removes a grant duration limitation. Extends the authorization of appropriations. (Sec. 303) Extends the authorization of appropriations for immunization program grants for no-charge immunizations for children, adolescents, and adults (currently, for individuals). Title IV: Miscellaneous Provisions - Deems active service of Public Health Service commissioned officers to be active military service in the U.S. armed forces for purposes of all laws regarding discrimination on the basis of race and other specified factors. Authorizes leave without pay status for attendance at an educational institution or training program when it is in the best interest of the Service. Declares that provisions mandating confidentiality of certain substance abuse records do not apply to any interchange of records within the uniformed services (currently, within the armed forces). (Sec. 403) Requires that a person who has received a clinical traineeship in counseling under specified provisions serve for specified periods. (Sec. 404) Extends the authorization of appropriations for grants for screenings, referrals, and education regarding lead poisoning. (Sec. 405) Extends the authorization of appropriations for grants for the prevention, control, and elimination of tuberculosis. Authorizes the set-aside of a specified percentage (currently, a specified dollar amount) for areas with a substantial number of, or a substantial rate of increase in, cases. (Sec. 406) Authorizes establishment of technical and scientific peer review groups and scientific program advisory committees as needed to carry out the functions of the Centers for Disease Control and Prevention. (Sec. 407) Amends the Family Violence Prevention and Services Act to authorize appropriations to carry out provisions regarding grants for community projects to coordinate intervention and prevention of domestic violence. Provides for a study of the training needs of health professionals concerning the detection and referral of victims of family or acquaintance violence. (Sec. 408) Amends the Public Health Service Act to extend the authorization of appropriations for grants for programs to increase the availability of primary health services in health professional shortage areas. (Sec. 409) Allows reservation of up to $2.5 million (currently, requires reservation of $5 million) for construction, renovation, or other improvement of regional centers for primate research. (Sec. 410) Allows a grant or cooperative agreement (currently, a grant, cooperative agreement, or contract), the direct cost of which exceeds $50,000, to be made only if it is recommended after peer review and by the appropriate advisory council. (Sec. 411) Extends the authorizations of appropriations to carry out specified provisions relating to trauma care and to health information and health promotion. (Sec. 413) Limits grants for emergency medical services for children to three years with an optional fourth year (currently, to two years). Allows only three (currently, one) grant in a State per fiscal year. Extends the authorization of appropriations. (Sec. 414) Amends the National Institutes of Health Revitalization Act of 1993 to remove provisions requiring that entities receiving funds under that Act comply with specified provisions of the Act popularly known as the Buy American Act. (Sec. 415) Amends Public Health Service Act provisions relating to the determination of the amount of grants to States to improve the quality, availability, and organization of health care and support services for individuals and families with HIV disease to list the Virgin Islands and Guam with States. (Currently, they are listed with U.S. territories. Listing them with States changes the formula used for determining the amount of grants.)
United States · United States Congress · 10 March 1998
Expresses the sense of the Congress that trafficking: (1) consists of all acts involved in the recruitment or transportation of persons within or across borders involving deception, coercion or force, abuse of authority, debt bondage or fraud, for the purpose of placing persons in situations of abuse or exploitation; and (2) involves kidnapping, false imprisonment, rape, battering, forced labor, or slavery-like practices which violate fundamental human rights. Urges the Department of Justice Office of Violence Against Women to report to the Congress on: (1) efforts to identify instances of trafficking of persons into the United States within the last five years; (2) the successes or difficulties experienced in promoting interagency cooperation, cooperation between local, State, and Federal authorities, and cooperation with nongovernmental organizations; (3) the treatment and services provided and the disposition of trafficking cases in the criminal justice system; and (4) legal and administrative barriers to more effective governmental responses. Urges that trafficking victims be provided with support services and incentives to testify. Calls on the Secretary of State to: (1) develop curricula and conduct training for consular officers on the prevalence and risks of trafficking and the rights of victims; and (2) develop and disperse to visa seekers written materials describing the potential risks of trafficking. Commends the Department of State and the European Union for their joint initiative to promote awareness of the problem of trafficking throughout countries of origin in Eastern Europe and the independent states of the former Soviet Union. Urges their continued efforts to engage in similar programs in other regions and to ensure that the dignity and human rights of trafficking victims are protected in destination countries. Calls for: (1) the State Department's Bureau for International Narcotics and Law Enforcement Affairs to continue to provide and expand funding to support criminal justice training programs which include trafficking; and (2) the President's Interagency Council on Women to report to the Congress regarding implementation by the Secretary of State and the Attorney General of the duties described in this resolution.
United States · United States Congress · 6 March 1998
TABLE OF CONTENTS: Title I: Provisions Relating to Women's Health Research at the National Institutes of Health Title II: Provisions Relating to Women's Health at the Centers for Disease Control and Prevention Women's Health Research and Prevention Amendments of 1998 - Title I: Provisions Relating to Women's Health Research at the National Institutes of Health - Amends the Public Health Service Act to extend the authorization of appropriations for programs regarding diethylstilbestrol (DES). Mandates a program of education of health professionals and the public concerning DES. (Sec. 102) Extends the authorizations of appropriations for: (1) research on osteoporosis, Paget's disease, and related bone disorders; (2) the National Cancer Institute; (3) breast cancer programs; and (4) programs on ovarian and other cancers of the reproductive system of women. (Sec. 104) Mandates expansion, intensification, and coordination of research and related activities of the National Heart, Lung, and Blood Institute regarding heart attack, stroke, and other cardiovascular diseases in women. Authorizes appropriations. (Sec. 105) Extends the authorization of appropriations for the National Institute on Aging. (Sec. 106) Requires that the Director of the National Institutes of Health (currently, the Director of the Office of Research on Women's Health) appoint members of the Advisory Committee on Women's Health. Title II: Provisions Relating to Women's Health at the Centers for Disease Control and Prevention - Extends the authorization of appropriations for the National Center for Health Statistics and the National Program of Cancer Registries. (Sec. 203) Requires that certain breast and cervical cancer programs be carried out through public or private (currently, public or nonprofit private) entities. Extends authorizations of appropriations for various preventive health measures relating to breast and cervical cancers. (Sec. 204) Extends the authorizations of appropriations for: (1) centers for research and demonstration regarding health promotion and disease prevention; and (2) community projects to coordinate intervention and prevention of domestic violence.
United States · United States Congress · 5 March 1998
New American Citizenship Act - Directs the Attorney General to submit a plan (with monthly reporting requirements through a specified date) for ensuring backlog reduction at each Immigration and Naturalization Service (INS) district and regional office. (Sec. 4) Provides that INS standardized naturalization examinations shall: (1) have INS-certified proctors; and (2) not be administered by for-profit entities that also provide citizenship courses. Provides for: (1) an initial 24-month pilot testing program; and (2) dissemination of study materials. (Sec. 5) Directs the Attorney General to: (1) develop a plan to ensure the efficiency and integrity of the naturalization process, including a six-month maximum time for completion of such process; and (2) ensure that the naturalization fingerprint submission process deters naturalization fraud by requiring fingerprint cards to be sent directly to INS or the Federal Bureau of Investigation (FBI), and by procuring the technology to institute INS electronic fingerprint checks. (Sec. 7) Directs INS to ensure that a FBI criminal history background check is completed prior to an applicant's naturalization interview. Requires naturalization applicants to demonstrate basic English language speaking and comprehension abilities at the time of the standardized naturalization examination or interview. Requires INS to ensure that certificates of citizenship are not distributed prior to an applicant's taking the oath of allegiance. (Sec. 8) Obligates specified INS appropriations for backlog reduction and technological and infrastructure changes.
United States · United States Congress · 4 March 1998
TABLE OF CONTENTS: Title I: Helping Communities Renovate America's Schools Title II: Reducing Class Size Title III: Strengthening the 21st Century Community Learning Centers Act Title IV: Promoting Effective Use of Technology in the Classroom Title V: Education Opportunity Zones Revitalize and Empower Public School Communities to Upgrade for Long-Term Success Act - Title I: Helping Communities Renovate America's Schools - Public School Construction Act of 1998 - Amends the Internal Revenue Code to revise current incentives for education zones into incentives for qualified public school modernization bonds, including (currently existing) qualified zone academy bonds and (newly established) qualified school construction bonds. (Sec. 103) Allows a limited tax credit, computed according to a specified formula, to taxpayers holding such public school modernization bonds. Raises the national zone academy bond limitation from $400 million to $1.4 billion for calendar 1999 (and 2000), and eliminates the limitation after 2000. Prescribes requirements for national qualified school construction bonds, with a national limitation of $9.7 billion each for calendar 1999 and 2000, and no limit after 2000. (Sec. 104) Expresses the sense of the Senate that: (1) a specified minimum additional amount should be provided to begin construction of three new Bureau of Indian Affairs (BIA) school facilities and to increase funds available for the improvement and repair of existing facilities; and (2) the Congress should consider enacting legislation to establish other funding mechanisms that would leverage Federal investments on behalf of BIA schools to address the serious construction backlog which exists at tribal schools. Title II: Reducing Class Size - Establishes a program to help States and local educational agencies (LEAs) recruit, train, and hire 100,000 additional qualified teachers to: (1) reduce class sizes nationally, in grades one through three, to an average of 18 students per classroom; and (2) improve teaching in the early grades so that all students can learn to read independently and well by the end of the third grade. (Sec. 203) Authorizes appropriations. (Sec. 204) Entitles States with approved applications to allotments according to a specified formula. Reserves certain funds for evaluations, outlying areas, and BIA schools. (Sec. 205) Sets forth requirements for: (1) State applications and the Secretary's approval; (2) within-State allocations; (3) State level activities; (4) local uses of funds; matching funds; (5) carryover; accountability; (6) participation of private school teachers; and (7) evaluation. Title III: Strengthening the 21st Century Community Learning Centers Act - Amends the 21st Century Community Learning Centers Act to require that discretionary grants be awarded to local educational agencies (LEAs) for supporting certain programs of public elementary schools or secondary schools, including middle schools, that serve communities with substantial needs for expanded learning opportunities for children and youth. (Sec. 302) Increases the maximum duration of such a grant from three to five years. (Sec. 303) Requires the LEA to demonstrate that it will provide specified portions of the annual costs of project-assisted activities from sources other than such grant funds. (Sec. 304) Requires the use of grant funds to establish or expand community learning centers that provide activities that offer expanded learning opportunities for children and youth in the community (such as activities conducted before or after school), and which may include any of the currently authorized activities as well as mentoring and academic assistance programs, and drug, alcohol, and gang prevention activities. (Sec. 305) Authorizes continuation awards of FY 1998 grants. (Sec. 306) Extends through FY 2003 the authorization of appropriations for such Act. Title IV: Promoting Effective Use of Technology in the Classroom - Expresses the sense of Congress that it is in the national interest for the Federal Government to invest at least $4 billion in funding for Department of Education technology programs for FY 1999 through 2003. (Sec. 403) Internet Access Protection Act of 1998 - Amends the Communications Act of 1934 to require schools and libraries that receive universal service support for discounted telecommunications services to establish policies governing access to material that is inappropriate for children. (Sec. 404) Amends the Technology for Education Act of 1994 (TEA) to require each State educational agency (SEA) receiving school technology resource grant funds to give priority to awarding grants to local educational agencies (LEAs) that: (1) serve the highest number or percentage of children in poverty, and have the lowest level of technology resources, in the State; or (2) provide evidence in their applications of a substantial commitment to train teachers and staff in the effective use of education technology, as demonstrated by devoting not less than 30 percent of such grant funds for preparing teachers to use technology as a tool in conducting lessons and academic instruction in core academic subject areas. Requires each recipient SEA to provide matching non-Federal funds to be used to award grants to LEAs for each of FY 1999 through 2004. Requires that such Federal grant funds supplement, not supplant, State and local funds. (Sec. 405) Directs the Secretary to use a specified portion of funds to award national challenge grants for technology in education to consortia that: (1) have as members departments of education within institutions of higher education; and (2) demonstrate in their applications that they will focus the grant-assisted activities on professional development in the effective use of learning technologies and are carrying out such professional development. (Sec. 406) Establishes a discretionary grants program for technology training for preservice and novice teachers. Authorizes the Secretary to award competitive grants for specified activities for training teaching candidates and faculty at schools of education within institutions of higher education regarding the effective use and integration of education technology in teaching academic subjects to elementary and secondary school students. Makes eligible for such grants partnerships between two or more of the following: (1) an SEA; (2) a school of education within an institution of higher education; (3) an LEA that frequently employs individuals recently trained at a school of education; and (4) a nonprofit or other organization. Authorizes appropriations. (Sec. 407) Requires the Director of the Office of Educational Research and Improvement (OERI) and the Chairperson of the National Science Foundation (NSF), in conjunction with the Secretary's adviser on education technology, to establish an Education Technology Innovation and Evaluation Program. Requires such program through competitively awarded projects to: (1) support early stage research on new education technologies and innovative methods of integrating technology and academic instruction; (2) promote joint product development, adoption, and dissemination of high-quality software and instructional approaches with private sector firms; (3) conduct evaluative research into the effectiveness of integrating learning technology in raising student achievement (by conducting a large scale study comparing learning for students exposed to education technology to a control group); and (4) demonstrate how technology can be used to individualize instruction and capitalize on smaller teacher-student ratios. Authorizes appropriations. Title V: Education Opportunity Zones - Education Opportunity Zones Act of 1998 - Authorizes the Secretary to award grants for specified activities to LEAS that: (1) have high concentrations of children from low-income families; and (2) are implementing standards-based systemic reform strategies to pursue further reforms and raise the academic achievement of all their students. Sets forth requirements relating to: (1) grant applications; (2) grantee selection criteria; (3) grant amount, duration, and continuation; (4) authorized activities; (5) grantee LEA school eligibility for, and planning and implementation of, school wide programs under certain provisions of the Elementary and Secondary Education Act of 1965; (6) participation of private school students and teachers; (7) evaluation; and (8) reservation of certain funds for national activities. (Sec. 508) Directs the President designate the school district served by each LEA selected by the Secretary to receive a grant under this title as an Education Opportunity Zone. Authorizes the President to instruct Federal agencies to provide grant recipients under this title with technical and other assistance. (Sec. 515) Authorizes appropriations.
United States · United States Congress · 4 March 1998
Public School Modernization Act of 1998 - Amends the Internal Revenue Code to revise current incentives for education zones into incentives for qualified public school modernization bonds, including (currently existing) qualified zone academy bonds and (newly established) qualified school construction bonds. Allows a limited tax credit, computed according to a specified formula, to taxpayers holding such public school modernization bonds. Raises the national zone academy bond limitation from $400 million to $1.4 billion for calendar 1999 (and 2000), and eliminates the limitation after 2000. Prescribes requirements for national qualified school construction bonds, with a national limitation of $9.7 billion each for calendar 1999 and 2000 and no limit after 2000.
United States · United States Congress · 4 March 1998
Safety of Imported Food Act of 1998 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to deem imported food adulterated if it has not been prepared, packed, and held under conditions meeting FDCA requirements (or conditions otherwise achieving the protection required) for domestic food. Allows consideration of whether inspection, testing, or other procedures have been refused. Allows importation denial on the basis of such refusal and other relevant factors.
United States · United States Congress · 3 March 1998
Designates the Department of Housing and Urban Development headquarters at 451 Seventh Street, SW, Washington, D.C., as the Robert C. Weaver Federal Building.
United States · United States Congress · 3 March 1998
Expresses the sense of the Senate that: (1) it should be U.S. policy to support Israel's efforts to enter an appropriate United Nations (UN) regional group; (2) the President should instruct the U.S. Permanent Representative to the UN to carry out this policy; (3) the United States should insist that any effort to reform the UN, including the Security Council, also resolve this anomaly and should ensure that the principle of sovereign equality be upheld without exception; and (4) the Secretary of State should submit a report to the Congress on the steps taken by the United States, the UN Secretary General, and others to help secure Israel's membership in an appropriate UN regional group.
United States · United States Congress · 3 March 1998
Recognizes and celebrates 1998 as the 150th anniversary of the Women's Rights Movement and March 1998 as National Women's History Month under the theme "Living the Legacy of Women's Rights."
United States · United States Congress · 2 March 1998
TABLE OF CONTENTS: Title I: Child Care and Development Services Title II: Strengthening the 21st Century Community Learning Centers Act Title III: Crime Prevention Program America After School Act - Title I: Child Care and Development Services - Amends the Child Care and Development Block Grant Act of 1990 to authorize appropriations for FY 1999 through 2003 for new and expanded programs for child care and development services, including direct services provided outside of normal school hours, to promote the health and academic achievement of school age children, and assist the children in avoiding high risk behaviors. (Sec. 103) Requires each State that receives a block grant under such Act to make grants to elementary or secondary schools or community-based organizations to expand the availability and affordability of quality child care and development services, especially direct services provided outside of normal school hours (including before- and after-school care and weekend, holiday, and summer care) for school age children. Requires grant preference to entities that: (1) serve communities with a high rate of poverty and a high incidence of at-risk children; and (2) propose programs that make certain transportation services available to the children served. Requires the use of grant funds for direct services outside of normal school hours, related quality services, and indirect services. Title II: Strengthening the 21st Century Community Learning Centers Act - Amends the 21st Century Community Learning Centers Act to require that discretionary grants be awarded to local educational agencies (LEAs) for supporting certain programs of public elementary schools or secondary schools, including middle schools, that serve communities with substantial needs for expanded learning opportunities for children and youth. (Sec. 201) Increases the maximum duration of such a grant from three to five years. (Sec. 202) Requires the LEA to demonstrate that it will provide specified portions of the annual costs of project-assisted activities from sources other than such grant funds. (Sec. 203) Requires the use of grant funds to establish or expand community learning centers that provide activities that offer expanded learning opportunities for children and youth in the community (such as activities conducted before or after school), and which may include any of the currently authorized activities. (Sec. 204) Authorizes continuation awards of FY 1998 grants. (Sec. 205) Extends through FY 2003 the authorization of appropriations for such Act. Title III: Crime Prevention Program - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to establish the After School Crime Prevention program. Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to public and private agencies to fund effective after school juvenile crime prevention programs. Requires grantees to make available non-Federal matching funds in percentages determined by the Administrator. Requires grant priority to programs that: (1) are targeted to high crime neighborhoods or at-risk juveniles; (2) operate during the period immediately following normal school hours; (3) provide educational or recreational activities designed to encourage law-abiding conduct, reduce the incidence of criminal activity, and teach juveniles alternatives to crime; and (4) coordinate with State or local juvenile crime control and juvenile offender accountability programs. (Sec. 301) Authorizes appropriations for FY 1999 through 2003 for such grants.
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