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 · 14 May 1998
Coastal States Protection Act - Amends the Outer Continental Shelf Lands Act to prohibit the Secretary of the Interior from issuing a lease for mineral exploration, development, or production on submerged lands of the Outer Continental Shelf that are seaward or adjacent to lands beneath navigable waters of a coastal State whose Governor has placed a moratorium on such activities with respect to oil, gas, or other minerals.
United States · United States Congress · 5 May 1998
Lyme Disease Initiative Act of 1998 - Directs the Secretary of Health and Human Services (acting through the Director of the Centers for Disease Control and Prevention and the Director of the National Institute of Health and the Secretary of Defense to collaborate in: (1) establishing specified public health goals relating to activities providing for a reduction in the incidence and prevalence of Lyme disease; and (2) carrying out activities toward achieving the goals directly or through grant awards or contracts to public or nonprofit private entities. Requires the Secretaries to establish a five-year plan for carrying out such activities and coordinating the programs and activities conducted or supported by the Government. Lists as goals, in priority order: (1) developing a test to determine whether an individual has been bitten by a tick that has Lyme disease and a test for determining whether a patient has been cured; (2) reviewing the U.S. system for Lyme disease surveillance and reporting; (3) determining the average number of doctor visits before the disease is diagnosed; and (4) significantly increasing the number of physicians who have appropriate knowledge regarding the disease. (Sec. 4) Establishes the Lyme Disease Task Force to provide advice to the Secretaries on achieving the goals. (Sec. 5) Requires the submission of annual reports by the Secretaries to the Congress until the goals are met. (Sec. 7) Authorizes appropriations. (Sec. 8) Expresses the sense of the Congress that the Food and Drug Administration should: (1) conduct a rapid and thorough review of new drug applications for drugs to immunize individuals against Lyme disease; and (2) ensure that the labeling approved for such drugs specifically indicates the particular strains of Lyme disease for which the drugs provide immunization, the duration of the period of immunization, and the drugs' reliability rate.
United States · United States Congress · 30 April 1998
Crime Identification Technology Act of 1998 - Directs the Attorney General, through the Department of Justice's Bureau of Justice Statistics (BJS), to make a grant to each State, to be used in conjunction with local governments, State and local courts, and other States, to establish or upgrade an integrated approach to develop information and identification technologies and systems to: (1) upgrade criminal history and criminal justice record systems; (2) improve criminal justice identification; (3) promote compatibility and integration of national, State, and local systems for criminal justice purposes, firearms eligibility determinations, identification of sexual offenders and domestic violence offenders, and background checks for other authorized purposes; and (4) capture information for statistical and research purposes to improve criminal justice administration. Sets forth permissible grant uses, such as for programs to establish, develop, update, or upgrade: (1) State centralized, automated, adult and juvenile criminal history record information systems; (2) automated fingerprint identification systems that are compatible with standards established by the National Institute of Standards and Technology and interoperable with the Federal Bureau of Investigation's Integrated Automated Fingerprint Identification System; (3) ballistics identification and information programs that are compatible and integrated with the National Integrated Ballistics Network; and (4) DNA programs for forensic and identification purposes. Requires a State, to be eligible to receive such a grant, to provide assurances to the Attorney General that the State has the capability to contribute pertinent information to the national instant criminal background check system established under the Brady Handgun Violence Prevention Act. Authorizes appropriations, subject to specified limitations on the percent of funds that may be used for salaries and administrative expenses, and for technical assistance, training and evaluations, and BJS-commissioned studies. Requires the Attorney General to ensure the amounts are distributed on an equitable geographic basis.
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 · 28 April 1998
Medicare Home Health Equity Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997 (BBA), to: (1) restore the per visit cost limit to 112 percent of the mean (currently, 105 percent of the median) with regard to payments to home health agencies under Medicare; and (2) revise the interim payment system (IPS) for home health agency services. Directs the Director of the Congressional Budget Office to estimate annually the amount of savings to the Medicare program resulting from the IPS for home health agency services that was established by the BBA. Provides that, if the Director determines that the estimated amount exceeds the amount of savings to the Medicare program that the Director estimated immediately prior to enactment of the BBA by reason of such IPS, then the Director shall certify such excess to the Secretary of Health and Human Services. Requires the Secretary, in turn, when an excess is certified, to prescribe rules under which appropriate adjustments are made to the amount of payments to home health agencies in the case of outliers: (1) where events beyond the home health agency's control or extraordinary circumstances, including the agency's case mix, create reasonable costs for a payment year which exceed the applicable payment limits; or (2) in any other case where the Secretary deems such an adjustment appropriate.
United States · United States Congress · 24 April 1998
Amends the Brady Handgun Violence Prevention Act to prohibit the transfer of a handgun by a licensed dealer unless the transferee submits a written statement that the transferee is not subject to a court order that: (1) restrains the transferee from harassing, stalking, or threatening an intimate partner or child of such intimate partner or transferee or from engaging in conduct that would place such partner or child in reasonable fear of bodily injury; and either (2) includes a finding that the transferee represents a credible threat to the physical safety of such partner or child; or (3) explicitly prohibits the use or threat of physical force against such partner or child that would reasonably be expected to cause bodily injury.
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 · 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 · 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 · 26 March 1998
TABLE OF CONTENTS: Title I: Department of State Activities Title II: Commission on International Religious Persecution Title II: National Security Council Title IV: Sanctions Subtitle I: Targeted Responses to Religious Persecution Abroad Subtitle II: Strengthening Existing Law Title V: Promotion of Religious Freedom Title VI: Refugee, Asylum, and Consular Matters Title VII: Miscellaneous Provisions International Religious Freedom Act of 1998 - Declares it to be U.S. policy to: (1) condemn religious persecution, and to promote, and to assist other governments in the promotion of, the fundamental right to religious freedom; and (2) seek to channel U.S. security and development assistance to governments that are found not to be engaged in gross violations of human rights, including the right to religious freedom. Title I: Department of State Activities - Establishes within the Department of State an Office on International Religious Freedom which shall be headed by an Ambassador at Large on International Religious Freedom. (Sec. 102) Directs the Ambassador at Large to assist the Secretary of State in preparing those portions of the Human Rights Reports that relate to freedom of religion and religious discrimination, and to submit to the appropriate congressional committees, in conjunction with the Human Rights Reports, an Annual Report on Religious Persecution: (1) identifying foreign countries that engage in or tolerate acts of religious persecution; and (2) describing U.S. policies in support of religious freedom in such countries. (Sec. 103) Requires the Ambassador at Large, in order to facilitate access by nongovernmental organizations (NGOs) and the public around the world to international documents on the protection of religious freedom, to establish an Internet site containing major international documents relating to religious freedom, the Annual Report on Religious Persecution, and any other relevant documentation or references to other sites. (Sec. 104) Amends the Foreign Service Act of 1980 to direct the Secretary and the Ambassador at Large to establish as part of the standard training for Foreign Service officers, including chiefs of mission, instruction in the field of internationally-recognized human rights. (Sec. 105) Directs U.S. chiefs of mission to seek out and meet with religious NGOs, including imprisoned religious leaders where appropriate. (Sec. 106) Expresses the sense of the Congress that: (1) U.S. diplomatic missions in countries where the government engages in or tolerates religious persecution should develop, as part of annual program planning, a strategy to promote freedom of religion; and (2) in allocating funds or recommending candidates for U.S. programs and grants, U.S. missions should give particular consideration to those programs and candidates deemed to assist in the promotion of the right to religious freedom. (Sec. 107) Directs the Secretary to permit, on terms no less favorable than that accorded other nongovernmental activities, access to the premises of U.S. diplomatic missions by U.S. citizens seeking to conduct religious activities. (Sec. 108) Expresses the sense of the Congress that, in order to encourage involvement with religious persecution concerns at every possible opportunity and by all appropriate U.S. Government representatives, officials of the executive branch should promote increased advocacy with respect to the preparation of issue briefs consisting of lists of persons believed to be imprisoned for their religious faith during meetings between executive branch and congressional leaders and foreign dignitaries. Title II: Commission on International Religious Persecution - Establishes the United States Commission on International Religious Persecution. (Sec. 202) Makes the Commission's primary responsibility to: (1) consider the facts and circumstances of religious persecution presented in the Annual Report on Religious Persecution, as well as information from other appropriate sources; and (2) make appropriate policy recommendations to the President, the Secretary, and the Congress. Title III: National Security Council - Amends the National Security Act of 1947 to express the sense of the Congress that there should be within the staff of the National Security Council a Special Adviser to the President on Religious Persecution, serving as a resource for executive branch officials, compiling information on the facts and circumstances of religious persecution and violations of religious freedom, and making policy recommendations. Title IV: Sanctions - Subtitle I: Targeted Responses to Religious Persecution Abroad - Directs the President, for each foreign country in which the government engages in or tolerates religious persecution, to oppose that persecution by certain measures and promote the right to freedom of religion in that country. Prescribes a procedure for determining, before the President imposes any sanctions or commensurate actions, whether a foreign government has engaged in a consistent pattern of gross violations of the right to religious freedom. (Sec. 403) Directs the President to: (1) consult with the violating foreign government prior to imposing such sanctions; and (2) report to the Congress. (Sec. 405) Specifies among the measures and sanctions the President may take: (1) public condemnation; (2) cancellation of scientific and cultural exchanges; (3) withdrawal, limitation, or suspension of U.S. development assistance and U.S. security assistance; (4) withdrawal, limitation, or suspension of certain preferential tariff treatment; (5) instruction of U.S. executive directors of international financial institutions to vote against loans primarily benefiting the foreign government responsible for such persecution; (6) restrictions on the issuance of licenses to export any goods or technology to such foreign government; (7) prohibition against the making, guaranteeing, or insuring of loans, or extension of credit by certain U.S. financial institutions to the violating government; and (8) prohibition of U.S. Government procurement of goods or services from such government. Provides for commensurate actions in substitution for any of such measures and sanctions. Declares that any such action may not: (1) prohibit or restrict the provision of humanitarian assistance; or (2) impede any U.S. Government action to enforce the right to maintain intellectual property rights. (Sec. 407) Authorizes the President to waive the requirements of this Act if certain conditions are met. (Sec. 409) Provides for congressional review of any sanctions imposed, or the waiver of any requirements, under this Act. Subtitle II: Strengthening Existing Law - Amends the Foreign Assistance Act of 1961 and the International Financial Institutions Act to add as a factor for consideration in formulating U.S. development assistance, military assistance, and multilateral assistance programs whether the government of a foreign country has: (1) engaged in gross violations of the right to freedom of religion; or (2) failed to undertake serious and sustained efforts to combat gross violations of the right to freedom of religion, when such efforts could have been reasonably undertaken. (Sec. 423) Requires the inclusion on the list of crime control and detection instruments or equipment controlled for export or reexport under the Export Administration Act of 1979 (and so subject to mandatory licensing) items the Secretary of State has determined are being used or are intended for use directly and in significant measure to carry out gross violations of the right to freedom of religion. Declares that the prohibition on the issuance of a license for export of crime control and detection instruments or equipment under the Foreign Assistance Act of 1961 shall apply to the export or reexport of such items. Title V: Promotion of Religious Freedom - Amends the Foreign Assistance Act of 1961 to authorize the use of development assistance funds to carry out programs and activities in foreign countries which will encourage and promote the right to free religious belief and practice. (Sec. 502) Amends the International Broadcasting Act of 1994 and the Mutual Educational and Cultural Exchange Act of 1961 with respect to promoting respect for freedom of religion. (Sec. 504) Amends the Foreign Service Act of 1980 to state that service in the promotion of internationally recognized human rights, including the right to religious freedom, shall serve as a basis for the award of performance pay and Foreign Service awards to Foreign Service employees. Title VI: Refugee, Asylum, and Consular Matters - Requires the Annual Report on Religious Persecution to serve as a resource for immigration judges and consular, refugee, and asylum officers in cases involving claims of persecution on the grounds of religion. (Sec. 602) Directs the Attorney General to provide all U.S. officials adjudicating refugee cases with the same training provided to officers adjudicating asylum cases, including training on the right to religious freedom and religious persecution. Requires the Attorney General and the Secretary of State to develop and implement guidelines that address potential hostile biases in Immigration and Naturalization Service personnel hired abroad and involved with duties which could constitute an effective barrier to a refugee claim if such personnel carry a hostile bias toward the claimant on the grounds of religion, race, nationality, membership in a particular social group or political opinion. Requires the Attorney General and the Secretary of State to: (1) develop guidelines to ensure uniform procedures to the extent possible with Joint Voluntary Agencies; and (2) ensure that the Joint Voluntary Agencies process is enhanced, and faulty preparation of claims does not result in the failure of a genuine claim to refugee status. (Sec. 603) Requires the Attorney General and the Secretary of State to develop guidelines to ensure that interpreters with hostile biases, including personnel of airlines owned by governments known to be involved in practices which would meet the definition of persecution under international refugee law, shall not in any manner be used to interpret conversations between aliens and inspection or asylum officers. Requires the Attorney General to provide training to all officers adjudicating asylum cases on the right to religious freedom and the nature of religious persecution abroad, including country-specific conditions. Requires the Executive Office of Immigration Review of the Department of Justice to incorporate into its initial and ongoing training of immigration judges training on the extent and nature of religious persecution internationally, including country-specific conditions. (Sec. 604) Amends the Immigration and Nationality Act to make inadmissible for naturalization any alien (including a spouse and children) who, while serving as a foreign government official, directly engaged in gross violations of the right to religious freedom. Title VII: Miscellaneous Provisions - Expresses the sense of the Congress that transnational corporations operating in countries in which the government engages in gross violations of the right to religious freedom should adopt codes of conduct: (1) upholding the right to religious freedom of their employees; and (2) ensuring that a worker's religious views in no way affect the status or terms of his or her employment. (Sec. 702) Expresses the sense of the Congress that in negotiating the definitions of crimes to be included in the subject matter jurisdiction of the International Criminal Court, the President should pursue the inclusion of gross violations of the right to religious freedom, to the extent they fall within the meaning in international law of crimes against humanity or genocide.
United States · United States Congress · 25 March 1998
Declares three named individuals to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act upon payment of the required visa fees.
United States · United States Congress · 24 March 1998
Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment, through August 1, 1999, to the personal effects of, and other equipment imported and used by, participants, their families and associated members, and officials involved in the 1999 Women's World Cup.
United States · United States Congress · 24 March 1998
Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment to skating boots for use in the manufacture of in-line roller skates (valued over $12 a pair).
United States · United States Congress · 23 March 1998
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2001, the duty on organic luminescent pigments, dyes, and fibers for security applications.
United States · United States Congress · 23 March 1998
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2001, the duty on polymethine photosensitizing dyes for photo-imaging applications.
United States · United States Congress · 23 March 1998
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2001, the duty on potassium hexafluorozirconate and hexafluorozirconium acid (fluorozirconium compounds).
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
Amends the Harmonized Tariff Schedule of the United States to reduce, through December 31, 2000, the duty on benzenepropanal, 4- (1,1-dimethylethyl)- methyl.
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 · 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 · 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
Urges the President to: (1) call for the creation of a United Nations (UN) commission to establish an international record of the criminal culpability of Saddam Hussein and other Iraqi officials; (2) call for the UN to form an international criminal tribunal for the purpose of indicting, prosecuting, and imprisoning Hussein and other Iraqi officials who are responsible for crimes against humanity, genocide, and other international law violations; and (3) seek, upon the creation of such a tribunal, the reprogramming of necessary funds to support the tribunal's efforts.
United States · United States Congress · 27 February 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 · 26 February 1998
Expresses the sense of the Senate that the Congress should save social security first by reserving any unified budget surplus until legislation is enacted to make social security actuarially sound and capable of paying future retirees the benefits to which they are entitled.
United States · United States Congress · 25 February 1998
Wetlands and Wildlife Enhancement Act of 1998 - Amends the North American Wetlands Conservation Act and the Partnerships for Wildlife Act to extend the authorization of appropriations to carry out such Acts through FY 2003.
United States · United States Congress · 25 February 1998
Expresses the sense of the Senate that March 2, 1998, shall be known as Read Across America Day, in honor of Dr. Seuss's birthday. Encourages reading with children on that day.
United States · United States Congress · 12 February 1998
Economic Development Partnership Act of 1998 - Amends the Public Works and Economic Development Act of 1965 (the Act) to direct the Secretary of Commerce to cooperate with States and other entities to assure that Federal economic development programs are compatible with and further the objectives of State, regional, and local economic development plans and comprehensive economic development strategies. Directs the Secretary to: (1) provide appropriate technical assistance to such entities in order to alleviate economic distress, encourage partnerships for economic development strategies, and stimulate modernization and technological advances in the generation and commercialization of goods and services; and (2) prescribe regulations for intergovernmental review of proposed economic development projects. Authorizes the Secretary to enter into appropriate economic development agreements with two or more adjoining States. Authorizes the Secretary to appoint a National Public Advisory Committee on Regional Economic Development to make recommendations to the Secretary, including regarding the coordination of activities. Authorizes the Secretary to make grants to eligible recipients (defined later under this Act) for acquisition or development of land improvements for public works, public service, or development facility usage, as well as the acquisition, design and engineering, construction, rehabilitation, alteration, expansion, or improvement of such facilities. Provides assistance conditions relating to the establishment of industrial or commercial plants and the increase of employment in the area. Prohibits more than 15 percent of the appropriations made for such assistance from being expended in any one State. Allows grants to be increased due to construction cost increases. Authorizes the Secretary to make direct grants for economic development planning and related administrative expenses. Requires such planning to be a continuous process and to be prepared as part of a comprehensive economic development strategy for the area involved. Requires State certification of an economic development plan's consistency with local and economic development district plans. Provides a Federal cost-share limit of 50 percent of project costs. Authorizes the Secretary to make supplementary grants for a project for which the applicant is eligible but for which the applicant cannot supply the required matching share. Provides supplementary grant conditions and requirements, authorizing the Secretary to reduce or waive the required non-Federal share in such cases. Authorizes the Secretary to make direct grants for training, research, and technical assistance for alleviating or preventing conditions of excessive unemployment or underemployment. Allows such grants to include amounts for relocation assistance. Authorizes the Secretary to make direct grants for public facilities, public services, business development, planning, technical assistance, training and other assistance which demonstrably furthers the economic adjustment objectives of the Act. Allows such grant to be used in either direct expenditures by the recipient or through redistribution to other public and private entities, but prohibits any such redistribution to a private profit-making entity. Authorizes the Secretary to: (1) approve the use of grant funds for projects the scope or purpose for which changes after the grant has been made; (2) use funds for projects constructed for less than the projected costs to improve such projects; and (3) make assistance available for projects to be carried out at a military or Department of Energy installation. Prohibits any assistance under the Act which would produce unfair commercial competition. Requires reports from grant and assistance recipients. Defines as an eligible recipient for purposes of this Act an area that: (1) has a per capita income of 80 percent or less of the national average or an unemployment rate one percent above such average; (2) has experienced or is about to experience a sudden economic dislocation resulting in significant job losses; (3) is a community or neighborhood which has a large concentration of low-income individuals, substantial out-migration, or substantial unemployment; (4) has long-term economic deterioration; (5) has a special need to meet an expected rise in unemployment; (6) contains a population of 250,000 or less with growth potential; or (7) is experiencing severe out-migration. Requires from recipients: (1) documentation of meeting such criteria; and (2) evidence of a comprehensive economic development strategy which identifies the economic problems to be addressed through such assistance, as well as related information. Authorizes the Secretary, in order to plan and carry out economic development projects of broader geographic significance, to designate appropriate economic development districts and economic development centers within such districts. Provides geographic, population, and other requirements with respect to each such designation. Directs the Secretary to prescribe standards for the termination of such districts and centers. Authorizes the Secretary to increase by up to ten percent of project costs the amount of grant assistance otherwise provided in the Act for projects within designated districts. Requires each designated district to provide to the Appalachian Regional Commission a copy of such district's comprehensive economic development strategy. Authorizes the Secretary to provide assistance to a district area which does not meet the requirements of an eligible recipient under the Act when such assistance will be of substantial direct benefit to a qualifying area in such district. Directs the Secretary to administer this Act with the assistance of an Assistant Secretary of Commerce for Economic Development. Directs the Secretary to serve as a central information clearinghouse on all matters relating to economic development and adjustment, disaster recovery, and defense conversion programs and activities of Federal and State governments and to help applicants for such assistance. Requires appropriate consultation with other persons and agencies. Authorizes the Secretary to furnish procurement divisions of the Federal Government with a list of business firms located in distressed areas which desire Government supplies and services contracts. Imposes penalties upon persons who: (1) make false statements in order to obtain assistance under the Act; and (2) embezzle or commit other fraud-related crimes while connected in any capacity with the Secretary in the administration of the Act. Sets forth: (1) conflict-of-interest provisions; and (2) recordkeeping requirements for the Secretary and recipients regarding assistance under this Act. Provides that assistance under the Act shall supplement and not supplant other Federal assistance. Authorizes appropriations for FY 1999 through 2002. Authorizes additional appropriations for defense conversion activities and disaster economic recovery activities.
United States · United States Congress · 12 February 1998
TABLE OF CONTENTS: Title I: Healthy Kids Trust Fund Subtitle A: General Provisions Subtitle B: Payments Title II: FDA Jurisdiction Over Tobacco Products Title III: Youth Smoking Reduction Targets and Incentives to Reduce Youth Smoking Rates Title IV: Tobacco Transition Assistance Fund Title V: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title VI: Public Health and Other Programs Subtitle A: Research Programs Subtitle B: Education and Prevention Programs Subtitle C: Miscellaneous Programs Title VII: Liability Protection; Consent Decrees; National Protocol Subtitle A: Liability Protection and Attorney Fees Subtitle B: Consent Decrees Subtitle C: National Tobacco Control Protocol Title VIII: Miscellaneous Provisions Title IX: Provisions Relating to Native Americans Healthy Kids Act - Title I: Healthy Kids Trust Fund - Subtitle A: General Provisions - (Sec. 101) Establishes the Health Enhancement and Lowered Tobacco Hazards for Young Kids Trust Fund (HEALTHY Kids Trust Fund)(Fund). Appropriates to the Fund the initial payment under section 102 of this Act and 75 percent of annual assessments under section 102, fines or penalties under section 103, and amounts repaid or recovered under title III. Authorizes appropriations to the Fund as repayable advances. Makes specified percentages of Fund amounts available without further appropriation for carrying out provisions of this Act, for the Hospital Insurance Trust Fund, and for reducing the Federal debt subject to limit. Excludes amounts for the Hospital Insurance Trust Fund and the debt from consideration for the Emergency Deficit Control Act of 1985, the Congressional Budget Act of 1974, and House Concurrent Resolution 67 of the 104th Congress. (Sec. 102) Requires each tobacco product manufacturer (including repackers, labelers, and relabelers) to pay annually to the Fund amounts based on that manufacturer's stock market capitalization as compared to the average stock market capitalization of all manufacturers. Mandates annual assessments on each manufacturer based on the number of specified products removed during the year. Provides for floor stock treatment. Makes the initial capitalization-based payment and any penalties under title III not tax deductible. Amends the Federal bankruptcy code regarding the priority of unsecured Federal claims for payments, assessments, or penalties to be paid into the Fund. Prohibits manufacturers from using any liability insurance to make payments into the Fund. Mandates regulations regarding placing a Healthy Kids Stamp on each tobacco product package for which an assessment has been paid. Exempts a manufacturer who has consent decrees with more than 25 States before 1998 from the initial payment and certain portions of annual payments. (Sec. 103) Establishes a tobacco manufacturer licensing program. Requires a manufacturer or importer to be licensed to manufacture, distribute, or import tobacco products and to be eligible for protections under subtitle A of title VII. Mandates, for assessment nonpayment, manufacturer and importer license ineligibility and license revocation or suspension. (Sec. 104) Imposes a minimum monetary penalty for noncompliance with section 102. Subtitle B: Payments - Chapter 1: To States - Requires that funds under section 101 be made available to reimburse each eligible State for: (1) State expenditures under title XIX (Medicaid) of the Social Security Act for the treatment of individuals with tobacco-related conditions; (2) other State expenses incurred in providing treatment for tobacco-related conditions; and (3) providing funds to local governments. Requires States, in order to receive the funds, to: (1) agree to resolve any State civil action against a tobacco manufacturer, distributor, or retailer; (2) submit a plan regarding payments to local governments; and (3) have procedures to provide an equitable portion of the funds to local government entities for the local entities' tobacco-related health costs. Chapter 2: Federal Health Programs - Establishes the National Institutes of Health Trust Fund for Health Research (Research Fund), transferring to it amounts made available under section 101. Sets forth the portions of Research Fund amounts to be used for specified purposes. Chapter 3: Investments for Children - Requires use of amounts under section 101: (1) working through the Child Care and Development Block Grant Act of 1990, to improve child care, early childhood development, school-aged care, parent education and supportive services, health services, and services for children with disabilities; and (2) for grants to State and local educational agencies to train, recruit, and hire elementary school teachers, thus reducing average class size for certain grades. (Sec. 133) Amends Medicaid provisions regarding presumptive eligibility for children to include in the definition of "qualified entity" elementary or secondary schools, child care resource and referral agencies, and agencies authorized to determine child eligibility for health assistance under title XXI (Children's Health Insurance) of the Social Security Act. Modifies requirements regarding certain Medicaid expenditures that are counted against individual State allotments. Allows an alien who lawfully entered the United States after August 22, 1996, to be eligible for child health assistance under title XXI and Medicaid, notwithstanding the five-year means-tested public benefit waiting period or any other provision of law. Declares that a State does not have the authority to determine the Medicaid eligibility of a qualified alien. Makes the above amendments of this section effective as if they had been included in the Balanced Budget Act of 1997. Mandates a performance bonus payment to each State relating to increases in the number of Medicaid-enrolled children. (Sec. 134) Mandates a demonstration project providing for payment under title XVIII (Medicare) of the Social Security Act of routine patient care costs that are provided to an individual with cancer and enrolled in Medicare as part of the individual's participation in a clinical trial and that are not otherwise eligible for Medicare payment. Requires use of amounts available under section 101 to carry out this section. Title II: FDA Jurisdiction Over Tobacco Products - Deems specified regulations to have been promulgated under the Federal Food, Drug, and Cosmetic Act (FDCA) as amended by this title. (Sec. 203) Amends the FDCA to include nicotine in tobacco products in the definition of "drug" and tobacco product delivery components in the definition of "device." Authorizes regulation of any tobacco product as a drug, device, or both. Deems tobacco misbranded if it: (1) states or implies that it presents a reduced health risk unless the product will achieve the best public health result; or (2) violates the FDCA or its regulations. Makes noncompliance with specified provisions added to the FDCA by this Act a prohibited act under the FDCA. Makes provisions preempting State and local requirements inapplicable to tobacco product devices. (Sec. 204) Exempts tobacco products from device Class II special controls if the Secretary of Health and Human Services finds that special controls will achieve the best public health result. Declares that, for the purposes of listed provisions, the safety and effectiveness of a tobacco product device need not be found if the action to be taken under any such provision would achieve the best public health result. Authorizes a tobacco product recall if the best public health result would be achieved. (Sec. 205) Establishes the Scientific Advisory Committee to assist the Secretary, examine the effects of tobacco product nicotine yield level alteration, examine whether there is a nicotine threshold below which dependence is not produced, and review other safety, dependence, or health issues regarding tobacco products. Authorizes the Secretary to adopt a tobacco product performance standard regardless of whether the product has been classified under device classification provisions. Allows the standard to include: (1) reduction or elimination of nicotine; or (2) reduction or elimination of other constituents. Authorizes the Secretary to require that a manufacturer test, report, and disclose tobacco and tobacco smoke constituents, including in labeling and advertising. Requires manufacturers to annually submit: (1) an ingredient list for each brand it manufactures; and (2) a safety assessment for each new ingredient it desires to make a part of the product, with current ingredients receiving a safety assessment within five years after enactment of this Act. Requires that the safety assessment demonstrate that the ingredient will not present any risk to consumers or the public in the intended quantities. Mandates regulations to prohibit any ingredient if: (1) no safety assessment has been submitted as required; or (2) the Secretary finds that safety has not been demonstrated. Requires tobacco product packages to disclose: (1) all ingredients; and (2) the percentages of domestic and foreign tobacco. Authorizes the Secretary to require disclosure of an ingredient that relates to a trade secret if the Secretary determines that the disclosure will promote the public health. Mandates specified warnings on cigarette and smokeless tobacco packages and advertising. Preempts related State or local requirements. Declares that nothing in this paragraph relieves any person from liability to any other person at common law or under State statutory law. Makes it unlawful to advertise tobacco products on electronic communications subject to Federal Communications Commission jurisdiction. Directs the Secretary to restrict the access of minors to tobacco products. Requires States, in order to receive amounts under section 111 of this Act, to have a program meeting or exceeding the requirements of the model State program under which a retailer would be required to obtain a State or local license to distribute tobacco products. Includes in minimum model program requirements: (1) licensing fees to defray program administration; (2) prohibiting retail distribution without a license; (3) prohibiting distribution to minors; (4) monetary penalties for violations; and (5) suspension and revocation for repeated distribution to minors or violation of State or local law. Provides for specified penalties for distribution to minors, including penalties imposed on employees of retailers, minors (including loss of driving privileges), and retailers. Authorizes enforcement grants to States. Authorizes the Secretary to enforce the prohibition of distribution to minors. Declares that the provisions of this paragraph do not preempt State or local laws providing greater restrictions than these provisions. Mandates a Federal tobacco licensing program regarding military installations, U.S. embassies, Federally-owned facilities, duty-free shops, and any other Federal entity or Federal property. Treats an Indian tribe or tribal organization as a State for applying and enforcing the provisions of this paragraph regarding Indian reservations. Requires each manufacturer to submit to the Secretary each document in the manufacturer's possession: (1) relating to tobacco-caused health effects in humans or animals (including addiction), control of nicotine, tobacco sale or marketing, or research involving safer tobacco products; or (2) produced, or ordered to be produced, in any health-related civil or criminal proceeding, including attorney-client and other documents produced, or ordered to be produced, for in camera inspection. Directs the Secretary to make the documents available to the public. Exempts from public disclosure trade secrets and attorney-client privilege materials unless the Secretary determines disclosure is necessary to promote the public health. Authorizes any individual to begin a civil action: (1) against any person allegedly in violation of these provisions; or (2) against the Secretary or the Commissioner of Food and Drugs for alleged failure to perform as required. Prohibits regulations having the effect of placing burdens on tobacco producers in excess of the burdens generally placed on other agricultural commodity producers. Repeals the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986. Title III: Youth Smoking Reduction Targets and Incentives to Reduce Youth Smoking Rates - Mandates an annual survey of the percentage of individuals under 18 using tobacco products. (Sec. 303) Requires annual determinations of whether the required percentage reduction in underage tobacco use has been achieved. Specifies the required reductions in cigarette and smokeless tobacco products. Requires each manufacturer to reduce the percentage of children who use the manufacturer's brand accordingly. (Sec. 304) Mandates industry-wide and individual manufacturer monetary penalties if targets are not met for a year. Multiplies the penalties for consecutive failure years. Requires regulations to prohibit the sale of single packs of a manufacturer's tobacco products in cases of repeated noncompliance with required reductions and to require generic packaging in severe repeated noncompliance. Authorizes regulations requiring reductions in the use of other tobacco products by individuals under 18, including manufacturer monetary penalties for reduction failures. Title IV: Tobacco Transition Assistance Trust Fund - Establishes the Tobacco Transition Trust Fund and transfers to it amounts available under section 101. Authorizes appropriations to the Fund as repayable advances as necessary for Fund expenditures. Makes the Fund available for transition assistance to tobacco producers and tobacco-growing communities to adjust to reduced demand for tobacco, including economic development assistance, producer and factory worker retraining, or producer scholarships. Makes those amounts available only if a law is enacted by January 1, 2000, specifically prescribing Fund authorized uses. Declares that this title constitutes budget authority in advance of appropriations Acts. Terminates the authority of this title unless such a prescribing law is enacted. Title V: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Amends the Occupational Safety and Health Act of 1970 to require the responsible entity for each non-residential public building (regularly entered by at least ten individuals at least one day per week (except certain types of facilities)) to implement a smoke-free environment policy. Allows designated smoking areas meeting specified requirements. Sets forth special rules for: (1) schools and other facilities serving children; and (2) public transportation. Requires States, in order to receive funds under this Act, to demonstrate enforcement. Title VI: Public Health and Other Programs - Subtitle A: Research Programs - Mandates programs (through grants, contracts, or otherwise) to: (1) promote expanded research concerning specified aspects of tobacco and health; and (2) for the conduct of research on the cultural, social, behavioral, neurological, and psychological reasons that individuals refrain from using, begin, continue, or quit using tobacco products. (Sec. 603) Mandates surveillance and evaluation to monitor patterns of tobacco use and determine the effectiveness of various anti-tobacco programs funded under this Act. Requires that funding be made available for the activities under this subtitle. Subtitle B: Education and Prevention Programs - Mandates a program of grants to States for: (1) school-, college-, or university-based education programs concerning tobacco product use dangers; and (2) community-based prevention programs. Requires that funding be made available. Subtitle C: Miscellaneous Programs - Requires a program to reduce tobacco use through national and local media-based (such as counter-advertising campaigns) and nonmedia-based education, prevention, and cessation campaigns. Requires that funding be made available. (Sec. 622) Establishes the National Tobacco Cessation Program. Authorizes grants, contracts, and cooperative agreements. Requires making funding available. (Sec. 623) Establishes a program to provide assistance and compensation to individuals (and entities providing services to individuals) suffering from tobacco-related conditions, targeting uninsured or underinsured individuals who can demonstrate financial hardship. Requires making funding available. (Sec. 624) Authorizes multilateral assistance to foreign countries to assist in reducing and preventing the use of tobacco in foreign countries, focusing on preventing use by minors. Requires making funding available. Establishes in the District of Columbia a private, nonprofit corporation to be known as the American Center on Global Health and Tobacco (ACT). Requires that an International Advisory Council advise ACT. Mandates the annual transfer of a specified amount to carry out this paragraph. Makes ACT and its grantees subject to the oversight and supervision of the Congress. (Sec. 625) Mandates the National Event Sponsorship Program, authorizing grants for the sponsorship of athletic or other social or cultural events that, before enactment of this Act, was provided by a tobacco manufacturer or distributor. Requires making funding available. Terminates the Program ten years after enactment of this Act. (Sec. 626) Requires a program of grants to States to augment existing programs to reduce alcohol and illicit drug use by individuals under 18. Requires making funding available. Title VII: Liability Protection; Consent Decrees; National Protocol - Subtitle A: Liability Protection and Attorney Fees - Requires that, in order to receive funds under section 111, a State resolve any existing, and agree not to start any new, civil action seeking recovery for expenditures attributable to tobacco-related conditions commenced by the State against a manufacturer, distributor, or retailer and pending at enactment of this Act. Bars the Federal Government from starting any such action. Prohibits construing these provisions to limit an individual's right to start a civil action for past, present, or future conduct by tobacco product manufacturers, distributors, or retailers. (Sec. 702) Establishes an Arbitration Panel to award attorney's fees and expenses relating to litigation affected by, or legal services resulting in, this Act. Prohibits any Panel award from affecting any fee payments required under any provision of this Act. Subtitle B: Consent Decrees - Requires that, in order to receive funds under section 111 a State, and in order to receive liability protections under subtitle A tobacco manufacturer, enter into consent decrees under this subtitle. Allows a State to qualify with good faith but unsuccessful efforts. Requires that the decrees resolve State actions for claims associated with manufacturer conduct before this Act. Sets forth required terms, conditions, and limitations. Makes the decrees enforceable by the signatories and the Attorney General. Requires, prior to decree entry by a court, that the decrees be: (1) approved by the Secretary and the Attorney General; (2) fair and reasonable; and (3) in the public interest. Subtitle C: National Tobacco Control Protocol - Chapter 1: Establishment - Requires that a tobacco manufacturer, in order to receive liability protections under subtitle A, enter into a National Tobacco Control Protocol with the U.S. Attorney General and the attorney general of each State that does not opt out. Requires that the Protocol be a binding contract embodying the terms of this subtitle and designed to be enforceable in Federal or State courts. Chapter 2: Terms and Conditions - Declares that this chapter is a part of the Protocol. (Sec. 726) Prohibits tobacco advertising: (1) outdoors; (2) except as allowed in this Act, in any arena or stadium where athletic or other social or cultural activities occur; (3) using a human image or cartoon character; (4) on the Internet, unless inaccessible in or from the United States; and (5) subject to exception, at the point of sale. (Sec. 727) Prohibits a manufacturer from using a trade or brand name of a non-tobacco product for a cigarette or smokeless tobacco product, unless in use before 1998. Sets forth situations in which tobacco brand names or other identification indicia may, with prior notice to the Secretary, be used in advertising and labeling. Prohibits payment for the placement of tobacco products in television programs, motion pictures, or videos or on video game machines. Prohibits direct or indirect payment or consideration for promoting tobacco product image or use through print, film, or broadcast media that appeals to individuals under 18 or through a live performance artist that appeals to such individuals. (Sec. 728) Allows, subject to exceptions, tobacco product labeling and advertising to use only black text on a white background. Limits audio (alone or with video) to words only, prohibiting music and sound effects. (Sec. 729) Prohibits: (1) the use of a tobacco product brand name, logo, symbol, motto, selling message, recognizable color or pattern of colors, or any other indicia of product identification on any service or nontobacco item; (2) offering tobacco purchasers any non-tobacco item in consideration of purchase; and (3) manufacturers, distributors, and retailers from sponsoring athletic or other social or cultural event in which any indicia of product identification is used (but allows sponsorship under the corporate name, if in use before 1995 and if the corporate name does not include any indicia of product identification). Chapter 3: Enforcement - Allows the Attorney General to bring an action for enforcement, or restrain a breach, of the Protocol. Allows restraining orders, orders of specific performance, civil monetary penalties, and (for officers of manufacturers who knowingly violate the Protocol) criminal penalties, including incarceration. Authorizes grants and contracts for State enforcement. Authorizes use of amounts from the HEALTHY Kids Trust Fund and Department of Justice funds for Attorney General enforcement. (Sec. 732) Authorizes the attorney general of a State to bring an action for enforcement, or to restrain a breach, of the Protocol if the alleged violation occurred in that State. Provides for concurrent Federal and State court jurisdiction in such actions. Allows the remedies specified in section 731. (Sec. 733) Authorizes a manufacturer to file an action seeking a declaration of its Protocol rights and obligations. Authorizes any person to bring an action to enforce the Protocol, with any damages remitted to the Treasury. Entitles any manufacturer to intervene as a matter of right in any Federal or State Attorney General enforcement action. Title VIII: Miscellaneous Provisions - Prohibits the use of funds made available by appropriations or otherwise for specified actions, including: (1) promoting the export, reexport, sale, manufacture, advertising, or use of tobacco products to or in a foreign country; or (2) subject to exception, seeking the removal or reduction of any foreign restriction on the importation, export, sale, manufacture, advertising, use, imposition of tariffs, or taxation of tobacco products. (Sec. 802) Prohibits reprisals against a whistleblower employee of any tobacco product manufacturer, distributor, or retailer for disclosing to specified Federal agencies or State or local authorities information regarding a violation of law related to this Act or related State or local laws. Allows the whistleblower to receive a portion of a payment to the Government resulting from the whistleblower's disclosure. (Sec. 803) Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to make it unlawful for any domestic concern, directly or through a foreign subsidiary or affiliate, to use the mails or interstate commerce to contribute to: (1) the foreign sale or distribution of tobacco products to children or the foreign advertising of tobacco products in a way that appeals to children; and (2) the tobacco product export from any country without a package warning label in the primary language or languages of the country of sale or distribution that complies with domestic labeling requirements. Adds the unlawful acts of this section to the FDCA list of prohibited acts and entitles a person who provides information leading to a related criminal conviction to a portion of the criminal fine collected. (Sec. 804) Allows State or local measures to further this Act's purposes not less stringent than the requirements of this Act. Title IX: Miscellaneous Provisions - Declares that the provisions of this Act shall apply to the manufacture, distribution, and sale of tobacco products in any area in tribal or tribal organization jurisdiction, with exceptions for religious practices. Mandates regulations applying the Federal Food, Drug, and Cosmetic Act requirements regarding tobacco products to such areas. Provides for the treatment of tribes and tribal organizations under various provisions of this Act. Prohibits manufacturers from engaging in any activity in such areas that is prohibited under the Protocol. Requires that amounts made available under certain portions of section 101 be provided to the Indian Health Service for anti-tobacco-related consumption and cessation activities. Allows tribes and tribal organizations to: (1) take measures to further this Act's purposes in addition to the requirements of this Act; and (2) have rules or practices providing greater protection from the health hazards of environmental tobacco smoke. Prohibits a State from imposing requirements regarding the application of this Act to Indian tribes and tribal organizations.
United States · United States Congress · 12 February 1998
Historic Battleship Preservation Act - Amends the National Defense Authorization Act for Fiscal Year 1996 to repeal a requirement that the Secretary of the Navy list on the Naval Vessel Register at least two of the Iowa-class battleships that were stricken from such Register in February 1995.
United States · United States Congress · 12 February 1998
Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, to delay from FY 1998 to FY 1999 the effective date of the per beneficiary limits under the interim payment system for home health agencies. Changes from FY 1994 to FY or (at the home health agency's election) calendar 1995 the base year for calculating new payment rates under the system for cost reporting periods beginning on or after October 1, 1998.
![Official portrait of Sen. Lautenberg, Frank R. [D-NJ]](https://www.congress.gov/img/member/l000123_200.jpg)