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201 records in US in 1998
United States · United States Congress · 14 May 1998
Amends the Child Nutrition Act (CNA) to eliminate the ten percent limitation on the transfer of State administrative expense funds under CNA and the National School Lunch Act. Extends through FY 2003 the authorization of appropriations for State administrative expenses under CNA.
United States · United States Congress · 13 May 1998
Farm and Ranch Risk Management Act - Amends the Internal Revenue Code to allow individuals engaged in eligible farming businesses to deduct from gross income for any taxable year the amount (limited to 20 percent of the individual's taxable income for the year) paid into an interest-bearing Farm and Ranch Risk Management (FARRM) Account, created for the taxpayer's exclusive benefit. Requires withdrawal of contributions within five years, upon which they are taxable as ordinary income in the year of withdrawal. Deems a distribution, subject to income tax, of any deposits not actually distributed within five years, and prescribes an additional penalty tax of ten percent of any such deemed distribution.
United States · United States Congress · 13 May 1998
Border Protection and Infrastructure Act of 1998 - Amends the Federal criminal code to prohibit and set penalties for committing (or attempting to commit) a crime of violence during and in relation to: (1) eluding customs, immigration, or agriculture inspection or failing to stop at the command of an officer of customs, immigration, or animal and plant and health inspection services; or (2) an intentional violation of specified arrival, reporting, entry, or clearance requirements (provides for imposition of a death sentence if death results). Specifies that if two or more persons conspire to commit such an offense, and one or more of such persons do any act to effect the object of the conspiracy, each shall be punishable as a principal, except that the death sentence may not be imposed. (Sec. 3) Increases the penalty for entry of goods by means of false statements. (Sec. 4) Prohibits the master, operator, or person in charge of a vessel of, or subject to the jurisdiction of, the United States from failing to obey an order to heave to that vessel upon being ordered to do so by an authorized Federal law enforcement officer. Prohibits any person on board from knowingly or willfully: (1) failing to comply with an order of such an officer in connection with the boarding of the vessel; (2) impeding or obstructing a boarding, arrest, or other law enforcement action authorized by Federal law; or (3) providing false information to such an officer during a boarding regarding the vessel's destination, origin, ownership, registration, nationality, cargo, or crew. Prohibits the pilot, operator, or person in charge of an aircraft which has crossed the U.S. border, or an aircraft subject to U.S. jurisdiction operating outside the United States, from knowingly failing to obey an order to land by such an officer who is enforcing U.S. laws relating to controlled substances or money laundering. Directs the Administrator of the Federal Aviation Administration to prescribe regulations governing the means by, and circumstances under which, such an officer may communicate an order to land. Authorizes a foreign nation to consent or waive objection to such enforcement of U.S. law by the United States by international agreement or, on a case-by-case basis, by radio, telephone, or similar oral or electronic means. Sets penalties for intentional violations. Authorizes seizure and forfeiture to the United States of an aircraft or vessel used in violations. (Sec. 5) Establishes civil penalties for failure to comply with vessel boarding. (Sec. 6) Directs the Attorney General to increase the number of positions for full-time, active-duty border patrol agents within the Immigration and Naturalization Service to achieve a level of 20,000 positions by FY 2003. (Sec. 7) Prohibits a U.S. Border Patrol agent, within ten miles of the U.S. international border, from ceasing pursuit of an alien suspecting of unlawfully entering the United States, or of an individual suspected of unlawfully importing a narcotic into the United States, until State or local law enforcement authorities are in pursuit of the alien or individual and have the alien or individual in their visual range. (Sec. 8) Authorizes: (1) the Border Patrol to interdict the importation of narcotics; and (2) the Attorney General to install multi-layered barriers and roads in the U.S. border vicinity to deter drug trafficking in high drug trafficking areas. Authorizes appropriations.
United States · United States Congress · 12 May 1998
Amends the Equity in Educational Land-Grant Status Act of 1994 to add the Eastern Oklahoma State College, on behalf of the Choctaw Nation, to the list of institutions to be considered as land-grant colleges established for the benefit of agricultural and mechanical arts and eligible to receive specified funds.
United States · United States Congress · 5 May 1998
Authorizes the Secretary of Agriculture to convey the administrative site for the Rogue River National Forest and use such proceeds for the construction or improvement of offices and support buildings for combined Forest Service-Bureau of Land Management use.
United States · United States Congress · 5 May 1998
Animal Waste Research Act of 1998 - Directs the Secretary of Agriculture, through the Agricultural Research Service, to: (1) establish an animal waste research program; (2) authorize grants to universities and other entities for field testing of disposal methods and technologies; and (3) provide a special grant for field trial studies to the Animal and Poultry Waste Management Center of North Carolina State University in Raleigh, North Carolina. Authorizes appropriations.
United States · United States Congress · 1 May 1998
Food Research, Education, Safety, and Health Act of 1998 - Directs the Secretary of Agriculture to make grants to States for consumer education food safety programs. Authorizes appropriations. (Sec. 4) Directs the Secretary to: (1) carry out consumer education initiatives on food irradiation, especially ground beef and poultry; and (2) study the cost and feasibility of fruit and vegetable irradiation, and of new irradiation technologies. Authorizes appropriations. (Sec. 5) Establishes a Food Safety Council which shall: (1) establish priorities for Federal food safety and related illness prevention activities, including necessary Federal agency updates; and (2) report annually to the appropriate committees. Authorizes appropriations. (Sec. 6) Directs the Secretary to make competitive grants to academic, governmental, and private entities for research to reduce the threat of food-borne pathogens. Authorizes appropriations. (Sec. 7) Directs the Secretary to conduct demonstration projects to reduce the threat of food-borne pathogens. Obligates Department of Agriculture funds for such purpose. (Sec. 8) Authorizes appropriations for Centers for Disease Control and Prevention detection of food-borne pathogens through equipment acquisition and new employment positions for scientists. Authorizes appropriations for National Institutes of Health research on treatment of food-borne illnesses. (Sec. 9) Directs the Secretary to establish a Food Safety Research Information Office in the National Agricultural Library. (Sec. 10) Directs the Secretary to conduct pathogen risk assessments with respect to food animals, fruits and vegetables, and home food safety practices. (Sec. 11) Authorizes appropriations for the Commissioner of Food and Drugs to decrease imported food health risks through equipment acquisition and new employment positions for microbiologists and inspectors.
United States · United States Congress · 30 April 1998
Expresses the sense of the Senate that: (1) the European Union should take immediate steps to cancel the sale of European feed barley to the United States and establish procedures to ensure that restitution and other subsidies are not used for sales of agricultural commodities to the United States or other North American countries; (2) the President, the United States Trade Representative (USTR), and the Secretary of Agriculture should immediately investigate the sale of European feed barley to the United States and prevent any future sale of such commodities to the United States or other North American countries that is based on restitution or other subsidies; and (3) the USTR and the Secretary should report to the Congress on the terms and conditions of such sale and the steps that have been taken to cancel, and prevent the recurrence of, such sales in the future.
United States · United States Congress · 30 April 1998
Plant Protection Act - Prohibits the import, export, movement in interstate commerce, or mailing of any plant pest unless authorized by the Secretary of Agriculture. Authorizes the Secretary to prohibit or restrict the import, export, or movement in interstate commerce of any plant, plant product, biological control organism, noxious weed, or means of conveyance to prevent the introduction or dissemination of a plant pest or noxious weed.
United States · United States Congress · 30 April 1998
Sound Science, Safe Imports, and Healthy Communities Act of 1998 - Prohibits the Secretary of Agriculture from implementing a final rule permitting importation of Brazilian papayas into the continental United States, Alaska, Puerto Rico, or the Virgin Islands until certain agricultural and environmental requirements have been met to prevent introduction of the Mediterranean and South American fruit flies and other plant pests and diseases into the United States (and specifically, Florida).
United States · United States Congress · 30 April 1998
Amends Federal law to extend the Secretary of Agriculture's authority to purchase lands within certain California national forests to include the Angeles National Forest and to expand the purposes for which such purchases may be made.
United States · United States Congress · 29 April 1998
Food for Peace Amendment Act of 1998 - Amends the Agricultural Trade Development and Assistance Act of 1954 (commonly called Public Law 480) to prohibit the Secretary of Agriculture and the Commodity Credit Corporation from imposing any penalty on, or assessing any damages against, a private person under an agreement to supply agricultural commodities to a developing country or private entity, if through no fault of the private person such commodities are not timely delivered.
United States · United States Congress · 24 April 1998
Amends the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to establish equal marketing order price adjustments for class I (fluid) milk for all marketing areas.
United States · United States Congress · 23 April 1998
Farmers Emergency Loan Reform Act of 1998 - Amends the Consolidated Farm and Rural Development Act with respect to emergency loan eligibility to: (1) eliminate the requirement that a borrower be unable to secure credit elsewhere; (2) make the disaster loan collateral requirements under the Small Business Act applicable; and (3) provide that certain prior loan forgiveness conditions shall not be disqualifying.
United States · United States Congress · 2 April 1998
TABLE OF CONTENTS: Title I: Deferral to State Regulation of Oil and Gas Lease Operations on Federal Lands Title II: Use of Cost Savings from State Regulation Title III: Streamlining and Cost Reduction Federal Oil and Gas Lease Management Improvement Act of 1998 - Title I: Deferral to State Regulation of Oil and Gas Lease Operations on Federal Lands - Authorizes a State to notify the Secretary of the Interior of its intent to accept authority for oil and gas lease operations on Federal lands within such State. Transfers such authority by operation of law from the Bureau of Land Management (BLM) to a State six months after the Secretary receives the State's notice. Title II: Use of Cost Savings from State Regulation - Instructs the Secretary to compensate any State for costs incurred to implement the transferred authorities. Amends the Mineral Leasing Act to direct the Secretary to exclude from the 50 percent deduction from oil, gas, and geothermal revenues, with respect to calculation of specified Federal payments to States, the costs of preparing resource management planning documents and analyses for areas in which oil and gas leasing is excluded, or areas in which the primary activity under review is not oil and gas leasing and development. Title III: Streamlining and Cost Reduction - Prohibits the Department of the Interior from recovering its costs with respect to applications and other documents relating to oil and gas leases. Prescribes guidelines for the decision-making process of the BLM and the Forest Service affecting oil and gas leases and operations. Directs the BLM and the Forest Service to assure that unwarranted denials and stays of lease issuance and unwarranted restrictions on lease operations are eliminated from the administration of oil and gas leasing on Federal lands. Sets forth a timetable for the Secretary of the Interior to: (1) report jointly with the Secretary of Agriculture to the Congress on the most efficient means of eliminating overlap and duplication between the BLM and the Forest Service; (2) publish notice in the Federal Register of a national inventory of oil and gas reserves and potential resources underlying Federal lands; and (3) report to the Congress a revised inventory of such reserves and resources as a result of public comment, and specifically indicate BLM steps to increase the percentage of lands open for oil and gas development.
United States · United States Congress · 2 April 1998
Cost of Production Safety Net Act of 1998 - Directs the Secretary of Agriculture to make nonrecourse commodity loans available at fair return rates to wheat or feed grain producers who agree to forgo obtaining marketing assistance loans. Sets forth loan provisions.
United States · United States Congress · 2 April 1998
Empowerment Zone Enhancement Act of 1998 - Amends title XX (Block Grants to States for Social Services) of the Social Security Act with respect to additional grants to: (1) provide for grant funding for additional empowerment zones; (2) set the amount of such grants for zones in urban ($10 million) and rural ($4 million) areas, as well as the timing of such grants (ten years of one-year grants); (3) provide funding for such grants; (4) authorize the use of grants to fund revolving loan funds and similar arrangements to make loans, guarantees, financial services, or related activities more accessible to residents, institutions, organizations, or businesses; (5) require environmental review by the Secretary of Housing and Urban Development (urban areas) and the Secretary of Agriculture (rural areas); and (6) require the lead implementing entity for an empowerment zone to establish a performance measurement system.
United States · United States Congress · 1 April 1998
Amends the Alcoholic Beverage Labeling Act of 1988 to modify the required label warnings on alcoholic beverages sold or distributed in the United States to include a statement that consumption of alcoholic beverages may lead to alcoholism (currently, "may cause health problems"). Adds a required warning statement that moderate consumption may cause health problems such as hypertension and breast cancer.
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Establishment, Administration, and Jurisdiction Title II: Management Provisions Title III: Transfer Provisions Title IV: Funding Land Between the Lakes Protection Act of 1998 - Title I: Establishment, Administration, and Jurisdiction - Establishes, after a specified transfer under this Act, the Land Between the Lakes National Recreation Area in Kentucky and Tennessee as a unit of the National Forest System. Directs the Secretary of Agriculture (Secretary) to manage the Area for multiple uses, including public recreation, fish and wildlife habitat conservation, plant and animal diversity, hunting and fishing, and environmental education. (Sec. 102) Provides for: (1) civil and criminal jurisdiction with respect to the Area; and (2) payments to States and counties in lieu of taxes, including payments by the Tennessee Valley Authority (TVA). (Sec. 104) Considers all Area paved roads as forest highways. Title II: Management Provisions - Directs the Secretary, as soon as practicable after the transfer, to prepare a land and resource management plan (plan) for the Area in conformity with the National Forest Management Act of 1976, allowing the existing TVA management plan to provide interim management direction. (Sec. 202) Establishes the Land Between the Lakes Advisory Board. Authorizes the Secretary to terminate the Board after the plan has been implemented. (Sec. 203) Authorizes the Secretary to charge reasonable fees for admission to and use of designated sites and activities within the Area, with receipts to be deposited into the Land Between the Lakes Management Fund and used for Area management expenses. (Sec. 204) Authorizes the Secretary to issue a special use authorization to the U.S. Fish and Wildlife Service (USFS) for USFS management of facilities and land agreed on by the Secretary and the Secretary of the Interior. Authorizes the charge of reasonable fees upon lands administered by USFS. Subordinates USFS fish and wildlife activities to overall Area management. (Sec. 207) Designates the North-South Trail in the Area as a national recreation trail under the National Trails System Act. (Sec. 208) Directs the Secretary to conduct an inventory of and ensure access to all Area cemeteries for visitation and maintenance. (Sec. 209) Withdraws Area lands from operation under the Federal mining and mineral leasing laws. Authorizes the Secretary to permit the use of mineral materials for Area development and maintenance. Directs the Secretary to permit hunting and fishing within the Area, with exceptions for reasons of public safety, administration, or public use and enjoyment. (Sec. 210) Makes the TVA and the Army Corps of Engineers responsible for all Area dams, impoundments, and other water facilities. (Sec. 211) Establishes the Land Between the Lakes Trust Fund for: (1) public education, grants, and internships relating to Area recreation, conservation, and multiple use land management; and (2) regional promotion in the Area. Directs the TVA to deposit $1 million annually into the Fund for each of five fiscal years beginning after the enactment of this Act. Title III: Transfer Provisions - Transfers administrative jurisdiction over the Area from the TVA to the Secretary, effective on October 1 of the first year for which the Congress does not appropriate to the TVA at least $6 million for the Area. Calls for the transfer to be completed in an efficient and cost-effective manner, with due consideration to minimum disruption of the personal lives of TVA and Forest Service employees and others affected by such transfer. Directs the Secretary and the TVA to enter into a memorandum of agreement implementing the transfer. Provides the Secretary with access to all TVA Area management records. (Sec. 305) Directs the TVA to: (1) provide the Secretary with an inventory of all Area property and facilities; and (2) use existing funds and current TVA Area personnel (eligible employees) to facilitate the transfer of necessary property and facilities. Authorizes the Secretary to declare as excess any personal property that cannot be efficiently managed and maintained either by the Forest Service or by lease or permit. (Sec. 306) Requires transfer compliance with all applicable environmental laws, under specified procedures. (Sec. 307) Authorizes the Secretary, with respect to the transfer, to hire appropriate personnel and retain eligible employees. Directs the TVA to notify all eligible employees of openings in other TVA units before notifying other individuals of such openings. Requires the Secretary and the heads of the Office of Personnel Management and the Tennessee Valley Authority Retirement System to enter into a memorandum of understanding for the transition of all eligible employees with respect to compensation made available through such System. Provides other employee transition provisions. Title IV: Funding - Makes current TVA funds for Area administration available to the Secretary, and makes funds currently available to the Secretary of the Interior available to the USFS for their Area administration. (Sec. 402) Authorizes appropriations to the Secretaries of Agriculture and the Interior for Area administration and activities.
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Establishment, Administration, and Jurisdiction Title II: Management Provisions Title III: Transfer Provisions Title IV: Funding Land Between the Lakes Protection Act of 1998 - Title I: Establishment, Administration, and Jurisdiction - Establishes, after a specified transfer under this Act, the Land Between the Lakes National Recreation Area in Kentucky and Tennessee as a unit of the National Forest System. Directs the Secretary of Agriculture (Secretary) to manage the Area for multiple uses, including public recreation, fish and wildlife habitat conservation, plant and animal diversity, hunting and fishing, and environmental education. (Sec. 102) Provides for: (1) civil and criminal jurisdiction with respect to the Area; and (2) payments to States and counties in lieu of taxes, including payments by the Tennessee Valley Authority (TVA). (Sec. 104) Considers all Area paved roads as forest highways. Title II: Management Provisions - Directs the Secretary, as soon as practicable after the transfer, to prepare a land and resource management plan (plan) for the Area in conformity with the National Forest Management Act of 1976, allowing the existing TVA management plan to provide interim management direction. (Sec. 202) Establishes the Land Between the Lakes Advisory Board. Authorizes the Secretary to terminate the Board after the plan has been implemented. (Sec. 203) Authorizes the Secretary to charge reasonable fees for admission to and use of designated sites and activities within the Area, with receipts to be deposited into the Land Between the Lakes Management Fund and used for Area management expenses. (Sec. 204) Authorizes the Secretary to issue a special use authorization to the U.S. Fish and Wildlife Service (USFS) for USFS management of facilities and land agreed on by the Secretary and the Secretary of the Interior. Authorizes the charge of reasonable fees upon lands administered by USFS. Subordinates USFS fish and wildlife activities to overall Area management. (Sec. 207) Designates the North-South Trail in the Area as a national recreation trail under the National Trails System Act. (Sec. 208) Directs the Secretary to conduct an inventory of and ensure access to all Area cemeteries for visitation and maintenance. (Sec. 209) Withdraws Area lands from operation under the Federal mining and mineral leasing laws. Authorizes the Secretary to permit the use of mineral materials for Area development and maintenance. Directs the Secretary to permit hunting and fishing within the Area, with exceptions for reasons of public safety, administration, or public use and enjoyment. (Sec. 210) Makes the TVA and the Army Corps of Engineers responsible for all Area dams, impoundments, and other water facilities. (Sec. 211) Establishes the Land Between the Lakes Trust Fund for: (1) public education, grants, and internships relating to Area recreation, conservation, and multiple use land management; and (2) regional promotion in the Area. Directs the TVA to deposit $1 million annually into the Fund for each of five fiscal years beginning after the enactment of this Act. Title III: Transfer Provisions - Transfers administrative jurisdiction over the Area from the TVA to the Secretary, effective on October 1 of the first year for which the Congress does not appropriate to the TVA at least $6 million for the Area. Calls for the transfer to be completed in an efficient and cost-effective manner, with due consideration to minimum disruption of the personal lives of TVA and Forest Service employees and others affected by such transfer. Directs the Secretary and the TVA to enter into a memorandum of agreement implementing the transfer. Provides the Secretary with access to all TVA Area management records. (Sec. 305) Directs the TVA to: (1) provide the Secretary with an inventory of all Area property and facilities; and (2) use existing funds and current TVA Area personnel (eligible employees) to facilitate the transfer of necessary property and facilities. Authorizes the Secretary to declare as excess any personal property that cannot be efficiently managed and maintained either by the Forest Service or by lease or permit. (Sec. 306) Requires transfer compliance with all applicable environmental laws, under specified procedures. (Sec. 307) Authorizes the Secretary, with respect to the transfer, to hire appropriate personnel and retain eligible employees. Directs the TVA to notify all eligible employees of openings in other TVA units before notifying other individuals of such openings. Requires the Secretary and the heads of the Office of Personnel Management and the Tennessee Valley Authority Retirement System to enter into a memorandum of understanding for the transition of all eligible employees with respect to compensation made available through such System. Provides other employee transition provisions. Title IV: Funding - Makes current TVA funds for Area administration available to the Secretary, and makes funds currently available to the Secretary of the Interior available to the USFS for their Area administration. (Sec. 402) Authorizes appropriations to the Secretaries of Agriculture and the Interior for Area administration and activities.
United States · United States Congress · 1 April 1998
Selective Agricultural Embargoes Act of 1998 - Amends the Agricultural Trade Act of 1978 to direct the President, if he or she takes action to embargo the export under an export sales contract of an agricultural commodity to a country that is not part of an embargo on all exports to the country, to report to the Congress, not later than five days after imposing the embargo, on the reasons for such embargo and its proposed duration. Sets forth congressional procedures for termination of the embargo. Directs exporters of certain agricultural commodities (including plant nutrient materials) to report on a weekly basis to the Secretary of Agriculture certain information regarding their export under an export sales contract.
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Amendments to the National School Lunch Act Title II: Amendments to the Child Nutrition Act of 1966 Title III: Amendments to the Commodity Distribution Reform Act and WIC Amendments of 1987 Child Nutrition and WIC Reauthorization Amendments of 1998 - Title I: Amendments to the National School Lunch Act - Amends the National School Lunch Act (NSLA) with respect to direct expenditures for agricultural commodities and other foods to repeal requirements for: (1) interim sources of funds pending supplemental appropriations; and (2) State matching funds for such interim funds and for cash donations in lieu of commodity donations. (Sec. 102) Allows State agencies to retain up to one-half of any program funds recovered during State-conducted audits or reviews of school food authorities, institutions, and service institutions participating in food assistance programs authorized under NSLA and the Child Nutrition Act of 1966 (CNA). Requires State agencies to use such funds for otherwise allowable program costs to improve management operations of such programs within the State, including by providing funds to school food authorities, institutions, and service institutions participating in such programs. (Sec. 103) Repeals a prohibition against requiring a State to match Federal funds for meals in private schools if the State educational agency is prohibited by law from disbursing State appropriated funds to private schools. Sunsets the Secretary of Agriculture's authority to disburse NSLA program funds to schools directly at the end of FY 2000. Requires the Secretary to provide training and technical assistance to State agencies which assume program administration from the Secretary on or before October 1, 2000. (Sec. 104) Requires all schools participating in the National School Lunch Program (lunch program) under NLSA or the School Breakfast Program (breakfast program) under CNA in which meals are prepared on site to obtain inspections twice during each school year that indicate food service operations meet State or local health and safety standards. (Sec. 105) Repeals the Secretary's authority, acting through the Administrator of the Food and Nutrition Service or through the Extension Service, to award grants for food and nutrition demonstration projects. Requires schools participating in the lunch program or breakfast program to make every effort to establish meal service periods that provide children adequate time to fully consume their meals in an environment conducive to eating. (Sec. 106) Directs the Secretary to require that schools in the contiguous United States purchase for the lunch program and breakfast program, whenever possible, only food products that are produced in the United States. (Sec. 107) Revises the NLSA summer food service program to apply to suppers and supplements the Secretary's authority to establish adjustments to reimbursement rates in the States of Alaska and Hawaii, and in specified territories, to reflect differences in costs from those in all other States. Revises the eligibility criteria for private nonprofit institutions under the summer food service program to increase from five to 25 the number of sites they may operate. Repeals certain summer food service program requirements relating to: (1) a March 1st deadline for indication of interest; (2) restrictions on meal contracting; and (3) vendor registration. Extends through FY 2002 the authorization of appropriations for the NLSA summer food service program. (Sec. 108) Reauthorizes through FY 2002 the NSLA commodity distribution program, which may use Commodity Credit Corporation (CCC) and other specified funds to purchase agricultural commodities for use in programs under NLSA, CNA, and the Older Americans Act of 1965. (Sec. 109) Revises NLSA child and adult care food program requirements for licensing and alternate approval for schools and outside school hours child care. Reinstates categorical eligibility, under the NLSA child care food program, for participants in the Even Start program of the Elementary and Secondary Education Act of 1965. (Extends such eligibility through FY 2002; it had ended with FY 1997.) Revises conditions for child and adult care program participation by institutions moving toward compliance with the requirement for tax exempt status. Repeals a notification requirement for incomplete applications. Requires State agencies, at least once every two years, to provide notification of child and adult care program availability, participation requirements, and application procedures to each nonparticipating institution or family or group day care home that is located in a needy area within the State, and has Federal, State, or local licensing or approval or receives funds under Social Security Act block grants to States for social services. Repeals the requirement that a participating State provide sufficient training, technical assistance, and monitoring to facilitate effective program operation. Repeals the Secretary's mandate to make funds available each fiscal year for State audits of participating institutions in the child care food program. Directs the Secretary to provide State agencies with increased levels of training and technical assistance for their management and oversight of the child and adult care program. Allows institutions that provide care to at-risk school children during after-school hours, weekends, or holidays during the regular school year to participate in the child care food program. Defines as at-risk any children who: (1) are age 12 through 18; and (2) live in a geographical area served by a school enrolling elementary students in which at least 50 percent of the total number of children enrolled are certified eligible to receive free or reduced price school meals under NSLA or CNA. Allows such institutions to claim reimbursements, at the free supplement rate, only for: (1) supplements served without charge to at-risk school children during after-school hours, weekends, or holidays during the regular school year; and (2) one supplement per child per day. Directs the Secretary to provide State agencies with information concerning the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC program) under CNA. Requires State agencies to ensure that each participating child care center (other than institutions providing care to school children outside of school hours) receives certain WIC program informational materials and updates, and provides such information to parents of enrolled children annually. Repeals specified termination dates to grant permanent authorization to demonstration projects for child care food program qualification of private for-profit organizations providing nonresidential day care services. (Sec. 110) Allows emergency shelter homeless programs to participate in the child and adult care food program. Allows shelters to claim reimbursements, at the free supplement rate, only for: (1) supplements served without charge to resident children through age 12; and (2) not more than three meals or two meals and a supplement per child per day. (Sec. 111) Repeals authority for certain demonstration projects involving: (1) meals and supplements outside of school hours; (2) fortified fluid milk; (3) fruits, vegetables, legumes, cereals, and grain-based products; (4) low-fat dairy products and lean meat and poultry products; and (5) reduced paperwork and application requirements and increased participation. (Sec. 112) Extends through FY 2002 the authorization of appropriations for training and technical assistance under the child and adult care food program. (Sec. 113) Extends through FY 1999 authority to fund the food service management institute, including mandatory and discretionary activities. (Sec. 114) Extends through FY 2002 the authorization of appropriations for compliance and accountability activities under the child and adult care food program. (Sec. 115) Extends through FY 1999 authority to fund an information clearinghouse for nongovernmental groups on food assistance and self-help activities for low-income individuals and communities. Makes the Secretary's authority to contract for such a clearinghouse discretionary rather than mandatory. Waives competition requirements for a contract with any organization that has performed satisfactorily under a previous clearinghouse contract. (Sec. 116) Repeals the requirement that the Secretary provide guidance and grant assistance to eligible entities for accommodating special dietary needs of individuals with disabilities who participate in covered programs under NSLA and CNA. Authorizes the Secretary to carry out accommodation activities, including guidance, technical assistance, training, and grants for State agencies and eligible entities. Title II: Amendments to the Child Nutrition Act of 1966 - Amends the Child Nutrition Act of 1966 (CNA) to Sunsets the Secretary of Agriculture's authority to disburse CNA program funds to schools directly at the end of FY 2000. Requires the Secretary to provide training and technical assistance to State agencies which assume program administration from the Secretary on or before October 1, 2000. (Sec. 202) Repeals specified requirements for reallocation of State administrative expense funds. Eliminates the ten percent limitation on the transfer of administrative expense funds under CNA and NSLA. Extends through FY 2002 the authorization of appropriations for State administrative expenses under CNA. (Sec. 203) Establishes additional program application requirements, involving physical presence, income documentation, and verification, for the special supplemental nutrition program for women, infants and children (WIC program). Authorizes the Secretary to provide bulk quantities of WIC program nutrition education materials to State agencies administering the Commodity Supplemental Food Program under the Agriculture and Consumer Protection Act of 1973 at no cost to that program. Extends through FY 2002: (1) the authorization of appropriations for the WIC program and for the WIC farmers market nutrition program; and (2) requirements to use certain WIC funds for allocations to State agencies for costs of nutrition services and administration, and for program infrastructure and information, projects of regional or national significance, and breastfeeding promotion and support activities. Revises WIC program requirements relating to: (1) infant formula procurement; (2) spend-forward authority; (3) matching funds requirement; (3) ranking criteria for farmers market nutrition program State plans; and (4) disqualification of certain vendors convicted of trafficking or illegal sales. (Sec. 204) Authorizes appropriations in necessary amounts (currently gives a specified amount for each fiscal year) for FY 1999 through 2002 for the nutrition education and training program under CNA. Title III: Amendments to the Commodity Distribution Reform Act and WIC Amendments of 1987 - Amends the Commodity Distribution Reform Act and WIC Amendments of 1987 to revise provisions relating to applicability and customer acceptability information. (Sec. 302) Adds to such Act food distribution requirements relating to the Secretary of Agriculture's authority to: (1) transfer commodities between programs; (2) resolve claims; (3) use specified funds to make payment of costs associated with management of commodities which pose a health or safety hazard; and (4) accept commodities donated by Federal sources.
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: National Food Safety Program Title II: Research and Education Title III: Enforcement Title IV: Authorization Consumer Food Safety Act of 1998 - Title I: National Food Safety Program - Declares that persons who produce or process food for human consumption are responsible for preventing or minimizing food safety hazards. Mandates a national program to protect human health by ensuring that the food industry has effective safety programs for food consumed in the United States. Includes in required program elements: (1) oversight procedures; and (2) health-based standards for possible food contaminants and safety and sanitation in food processing and handling. (Sec. 102) Requires that any food processing facility and importer register. (Sec. 103) Mandates regulations: (1) setting standards for sanitation and tolerances for biological, chemical, and physical hazards; (2) requiring process controls, recordkeeping, and sampling; and (3) providing for agency records access. (Sec. 104) Mandates unannounced inspections at least quarterly of processing and importing facilities. (Sec. 105) Mandates tolerances (including indicators) for contaminants, except for pesticide residues regulated under specified provisions of the Federal Food, Drug, and Cosmetic Act (FDCA). (Sec. 106) Authorizes assistance to a State in planning and implementing a food safety program (including advice, technical and laboratory assistance and training, and financial aid). Authorizes, under agreements with Federal, State, or local agencies, on a reimbursable basis or otherwise, use of the personnel, services, and facilities of such agencies. (Sec. 107) Mandates a comprehensive and efficient system to ensure imported food safety, including routine inspections of processing facilities in exporting nations and of imports at ports of entry. Prohibits importing, or withdrawing from a warehouse for U.S. consumption, of a food that appears unsafe, adulterated, or misbranded, is not marked or labeled as required, or does not comply with this section. Deems foods not so prohibited to be, and requires that they be treated (except for origin labeling) as, domestic. Authorizes the Secretary of Health and Human Services to enter into an agreement with any nation desiring to export food to the United States. Sets forth requirements for the agreement, including that the exporting nation agree to reciprocity regarding the treatment of food imports and exports between the United States and the exporting nation. Title II: Research and Education - Mandates: (1) inclusion of food in an active surveillance system and more accurate assessment of the frequency and sources of U.S. human illness associated with food; (2) establishment of guidelines for a sampling system; and (3) ranking of food categories based on their hazard to human health and identification of industry and regulatory approaches to minimize hazards. (Sec. 202) Requires: (1) a national food safety public education program; (2) regional and national food safety advisories; (3) standardized written and broadcast advisory formats; and (4) incorporation of State and local advisories into the national program. (Sec. 203) Mandates research to assist in the implementation of this Act. Title III: Enforcement - Amends the FDCA to require any person (other than an intended consumer) with a reasonable basis for believing that any food in interstate commerce (or held for sale after interstate shipment) may be in violation of this Act to notify the Secretary of the food's identity and location. Provides, if the Secretary finds that there is a reasonable probability that the food, if consumed, would present a public health threat, for voluntary and mandatory recalls. Authorizes civil monetary penalties for violations of this Act. Prohibits retaliation against employee or other whistleblowers or against a person who refuses to violate a law, rule, or regulation. Applies specified FDCA provisions to this Act for this Act's administration and enforcement. Authorizes the Secretary to impose traceability requirements on a type or class of food when necessary to assure the protection of public health. Allows any person to commence a civil action against: (1) any person who violated any rule, tolerance, order, or other action of the Secretary to ensure food safety; or (2) the Secretary for alleged failure to perform any nondiscretionary act or duty. Title IV: Authorization - Authorizes appropriations to carry out this Act.
United States · United States Congress · 1 April 1998
Tobacco Program Administrative Reform Act of 1998 - Directs the Secretary of Agriculture to: (1) estimate the annual (fiscal year) Department of Agriculture tobacco program costs; and (2) assess tobacco importers and product manufacturers based upon cost and market share. Establishes in the Treasury the Tobacco Assessment Fund.
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Assistance for Sub-Saharan Africa Title II: Worldwide Food Assistance and Agricultural Programs Subtitle A: Non-Emergency Food Assistance Programs Subtitle B: Bill Emerson Humanitarian Trust Act of 1998 Title III: Miscellaneous Provisions Africa: Seeds of Hope Act of 1998 - Declares it to be U.S. policy to support governments of sub-Saharan African countries, U.S. and African nongovernmental organizations, U.S. and African businesses, and international agencies to ensure secure livelihoods and adequate nutrition for all sub-Saharan individuals, through sustainable agricultural and rural development. Title I: Assistance for Sub-Saharan Africa - Directs the Administrator of the U.S. Agency for International Development (AID), in providing development assistance under the Africa Food Security Initiative, or any comparable or successor program, to: (1) use resources for programs and projects that improve the food security of children, women, or food-insecure households, or that improve the agricultural productivity, incomes, and marketing of the rural poor in Africa; (2) to solicit and take into consideration the views and needs of intended beneficiaries and program participants during the selection, planning, implementation, and evaluation phases of projects; and (3) ensure that program objectives and interventions are primarily developed and conducted by African and U.S. private and voluntary organizations and other such organizations, including cooperatives and local producer-owned cooperative marketing associations, that have a demonstrated expertise in addressing the needs of the poor, small-scale farmers, entrepreneurs, and rural workers, including women. (Sec. 101) Expresses the sense of the Congress that the Administrator of AID should increase resources to the Africa Food Security Initiative, or any comparable or successor program, for FY 2000 and subsequent fiscal years in order to meet the needs of the countries participating in such Initiative. (Sec. 102) Directs the Administrator of AID to provide, through bilateral and multilateral assistance, microenterprise assistance (including credit) to improve the efficiency of agricultural production in sub-Saharan Africa (specifically targeting the needs of women, small-scale farmers, and small rural entrepreneurs). (Sec. 103) Directs the President, acting through the Administrator of AID, to utilize foreign assistance programs and initiatives for sub-Saharan Africa to support producer-owned cooperative marketing associations there, including rural business associations that are owned by farmer shareholders. (Sec. 104) Expresses the sense of the Congress that the Overseas Private Investment Corporation (OPIC) should: (1) issue loans, guaranties, and insurance, and utilize existing equity funds and loan and insurance funds, to support agricultural and rural development in sub-Saharan Africa (particularly intermediary organizations that directly serve the needs of women, small-scale farmers, small rural entrepreneurs, and rural producer-owned cooperative marketing associations); and (2) jointly cooperate with AID to ensure that adequate administrative funds are available to carry out such activities. (Sec. 105) Directs the Administrator of AID to develop a comprehensive plan to coordinate the activities of AID-funded international agricultural research centers, U.S. land grant universities, and national agricultural research and extension centers in order that research and extension activities will respond to the needs of small-scale farmers while developing the potential and skills of researchers, extension agents, farmers, and agribusiness persons, and increasing the agricultural productivity, in sub-Saharan Africa. Expresses the sense of the Congress that the Administrator of AID: (1) has disproportionately reduced funding for international agriculture and rural development activities and the number of agricultural specialists who carry out such activities; and (2) should devote more resources and staff to such activities. Title II: Worldwide Food Assistance and Agricultural Programs - Subtitle A: Non-Emergency Food Assistance Programs - Sets forth general requirements for the administration of non-emergency assistance programs under title II of the Agricultural Trade Development and Assistance Act of 1954. Subtitle B: Bill Emerson Humanitarian Trust Act of 1998 - Bill Emerson Humanitarian Trust Act of 1998 - Amends the Food Security Commodity Reserve Act of 1996 to rename specified provisions of the Food for Development Program as the Bill Emerson Humanitarian Trust Act. (Sec. 212) Includes, as part of the established trust stock of wheat, rice, corn, or sorghum used to meet emergency humanitarian food needs in developing countries, certain funds for Commodity Credit Corporation programs under the Agricultural Trade Development and Assistance Act of 1954 that are available to acquire such eligible commodities through purchases from producers or in the market to replenish the trust. Authorizes the release of eligible commodities from the trust for emergency food assistance to developing countries, provided such release is at levels consistent with maintaining the long-term value of the trust. Makes permanent the authority for the trust. Subtitle C: International Fund for Agricultural Development - Expresses the sense of the Congress that the United States should maintain its leadership in support for the activities of the International Fund for Agricultural Development (IFAD). (Sec. 221) Directs the Administrator of AID and the Secretary of State to review the effectiveness of the current six-year agreement between AID and the Department of State as it relates to U.S. contributions to IFAD. Directs the Administrator of AID and the Secretary to determine the extent to which the Fund has made progress toward management reforms, self-sufficiency, and poverty reduction in determining the amount of future U.S. contributions to it. Title III: Miscellaneous Provisions - Directs the Administrator of AID to report to the Congress on AID's plans for meeting the goals and objectives of the Africa Food Security Initiative.
United States · United States Congress · 1 April 1998
Sets forth special application provisions under the crop insurance, marketing loan, and emergency operating loan programs for certain disaster-affected North Dakota and Minnesota counties.
United States · United States Congress · 1 April 1998
Agriculture Education Freedom Act - Amends the Internal Revenue Code to exclude from the gross income of an individual any gain from the sale of any animal raised and sold by such individual as part of his or her participation in the 4-H program under the Cooperative State Research, Education, and Extension Service of the Department of Agriculture, the Future Farmers of America, any tax-exempt similar organization, or any program of a tax-exempt educational organization.
United States · United States Congress · 1 April 1998
Food Banks Relief Act of 1998 - Amends the Emergency Food Assistance Act of 1983 to authorize appropriations for additional commodities purchase. Obligates specified amounts for emergency feeding organizations' distribution expenses.
United States · United States Congress · 1 April 1998
Empowerment Zone Enhancement Act of 1998 - Amends title XX (Block Grants to States for Social Services) of the Social Security Act with respect to additional grants to: (1) provide for grant funding for additional empowerment zones; (2) set the amount of such grants for zones in urban ($10 million) and rural ($4 million) areas, as well as the timing of such grants (ten years of one-year grants); (3) provide funding for such grants; (4) require environmental review by the Secretary of Housing and Urban Development (urban areas) and the Secretary of Agriculture (rural areas); and (5) require the lead implementing entity for an empowerment zone to establish a performance measurement system.
United States · United States Congress · 1 April 1998
Farm and Ranch Risk Management Act - Amends the Internal Revenue Code to allow individuals engaged in eligible farming businesses to deduct from gross income for any taxable year the amount (limited to 20 percent of the individual's taxable income for the year) paid into an interest-bearing Farm and Ranch Risk Management (FARRM) Account, created for the taxpayer's exclusive benefit. Requires withdrawal of contributions within five years, upon which they are taxable as ordinary income in the year of withdrawal. Deems a distribution, subject to income tax, of any deposits not actually distributed within five years, and prescribes an additional penalty tax of ten percent of any such deemed distribution.
United States · United States Congress · 31 March 1998
Marion National Fish Hatchery and Claude Harris National Aquacultural Research Center Conveyance Act - Directs the Secretary of the Interior to convey, without reimbursement, specified properties and related rights involving the Marion National Fish Hatchery and the Claude Harris National Aquacultural Research Center to the State of Alabama for use by its Department of Conservation and Natural Resources' Game and Fish Division, subject to the Division's offer to lease Research Center property, at no cost, to the Alabama Agriculture Experiment Station or, if the Station declines, to another public entity.
United States · United States Congress · 31 March 1998
TABLE OF CONTENTS: Title I: Incentives to Reduce Youth Tobacco Use Subtitle A: National Tobacco Trust Fund Subtitle B: Payments to States Subtitle C: Annual Youth Tobacco Use Reductions Title II: Regulation of the Tobacco Industry Subtitle A: Food and Drug Administration Jurisdiction and General Authority Subtitle B: Regulation of Tobacco Products Subtitle C: Manufacturer and Product Seller Licensing and Anti-Smuggling Subtitle D: Penalties Title III: Public Health Initiatives Subtitle A: State-Federal Anti-Tobacco Partnership Subtitle B: Health Research Program Subtitle C: Miscellaneous Provisions Title IV: Liability Provisions and Consent Decrees Subtitle A: Liability Provisions Subtitle B: Consent Decrees Title V: Tobacco Farm Family and Community Assistance Trust Fund Title VI: Reducing Exposure to Environmental Tobacco Smoke Title VII: Miscellaneous Provisions Kids Deserve Freedom From Tobacco Act of 1998 - KIDS Act - Title I: Incentives to Reduce Youth Tobacco Use - Subtitle A: National Tobacco Trust Fund - (Sec. 101) Establishes the National Tobacco Trust Fund. Appropriates and transfers to the Fund amounts received under section 102, paid under section 103, and repaid or recovered under subtitle B. Authorizes appropriations to the Fund as repayable advances. Requires that Fund amounts be appropriated by the Appropriations committees of the Congress exclusively for this Act's purposes. Allows those Committees to transfer funds among this Act's programs, prohibiting certain transfers. Requires that amounts be made available, according to tables of percentages of Fund amounts, for specified programs and activities. Prohibits taking into account amounts appropriated under this paragraph and outlays from those appropriations for any budget enforcement under the Congressional Budget of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985. Amends title XIX (Medicaid) of the Social Security Act to declare that certain Medicaid overpayment provisions do not apply to amounts recovered or paid to a State as part of a settlement or judgment reached in State litigation against tobacco manufacturers. Requires the Office of Management and Budget to annually determine whether section 102 payments decreased excise tax collections under Internal Revenue Code chapter 52 (Tobacco Products and Cigarette Papers and Tubes). Mandates, if there is a shortfall, a transfer from the Fund to the Treasury. (Sec. 102) Mandates initial and annual payments to the Fund by each manufacturer based on market share. Waives payments for a manufacturer in any year if that manufacturer's tobacco product is used by less than one half of one percent of all children who used any tobacco product that year. Applies this section to manufacturers who begin manufacturing tobacco products after enactment of this Act and imposes a penalty for failure of such manufacturers to make a payment. Exempts a manufacturer that has resolved tobacco civil actions with more than 25 States before January 1, 1998, and offers to enter similar agreements with all other States. Requires manufacturers to increase prices to reflect the assessment. Declares that, if a manufacturer fails to make a required payment: (1) the liability provisions of subtitle A of title IV do not apply; (2) penalties must be imposed under section 103; and (3) the manufacturer's license (under section 222) must be revoked until the assessment is paid. Makes 25 percent of the payment, and penalties under subtitle B, not an ordinary and necessary business expense for purposes of the Internal Revenue Code and 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. (Sec. 103) Directs the Secretary of the Treasury to enforce section 102 regarding nonpayment. Regulates the penalty amount. Declares that no financial responsibility or liability of any person under this Act shall be extinguished, reduced, or modified as the result of any bankruptcy proceeding. Subtitle B: Payments to States - (Sec. 111) Authorizes appropriations to reimburse each State for State expenditures for the treatment of tobacco-related conditions. Sets forth the percentages to be received by each State. Allows a State to use 50 percent for any activities determined appropriate by the State. Requires a State to use at least 50 percent for additional activities or services under: (1) Social Security Act titles IV (part A) (Temporary Assistance for Needy Families) (TANF), V (Maternal and Child Health Services), XIX (Medicaid), XX (Block Grants to States for Social Services), and XXI (Children's Health Insurance); (2) Public Health Service Act provisions relating to the community health center program and preventive health service block grants; (3) State-administered programs under the authority of the Substance Abuse and Mental Health Services Administration; (4) federally funded child welfare and abuse programs; (5) federally funded child care programs; (6) programs for disabled children; (7) specified provisions of the Child Nutrition Act of 1966, the Individuals With Disabilities Education Act, the Community Services Block Grant Act, the Head Start Act, the Food Stamp Act of 1977, and the Low-Income Home Energy Assistance Act of 1981; (8) the even start family literacy program under specified provisions of the Elementary and Secondary Education Act of 1965; (9) federally funded programs assisting general public elementary and secondary education; and (10) other anti-tobacco or health activities. (Sec. 112) Mandates an annual grant to each State that achieves high performance in underage reduction. Requires that amounts under section 101 be made available for the grants. Subtitle C: Annual Youth Tobacco Use Reductions - Mandates an annual survey to determine the percentage of individuals under 18 who use tobacco and their usual brand. Declares that, notwithstanding any other provision of law, the survey may be conducted involving minors if the results regarding the minors are kept confidential and not disclosed. (Sec. 133) Requires annual determinations of whether the required percentage underage use reductions have been achieved. Sets forth a schedule of required percentage reductions. (Sec. 134) Mandates an industry-wide penalty if required reductions are not achieved, increasing the penalty as the reduction achieved is further from the target and for consecutive year failures. Requires payment by each manufacturer based on market share for the type of tobacco product involved. Mandates a penalty on a manufacturer that does not achieve required percentage underage use reductions, increasing the penalty as the reduction achieved is further from the target and for consecutive year failures. Makes the penalties under this subtitle not ordinary and necessary business expenses for purposes of the Internal Revenue Code and not deductible. Specifies the portions of penalties to be used for smoking cessation, prevention, counter-advertising, and biomedical and applied research programs under certain provisions of this Act. (Sec. 135) Imposes a penalty on a manufacturer for failure to make any payment required under this subtitle. Title II: Regulation of the Tobacco Industry - Subtitle A: Food and Drug Administration Jurisdiction and General Authority - Deems specified regulations (relating to cigarettes and smokeless tobacco) to have been lawfully promulgated under the Food, Drug and Cosmetic Act (sic) and requires that they apply to all tobacco products. (Sec. 203) Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to add nicotine in tobacco products to the definition of "drug" and nicotine-containing tobacco products to the definition of "device." Adds the manufacture, labeling, distribution, advertising, and sale of tobacco in violation of the FDCA or this Act to the FDCA list of prohibited acts. Authorizes the Secretary of Health and Human Services to regulate tobacco as a drug, device, or both. (Sec. 204) Prohibits the Secretary from prohibiting the sale of tobacco products to adults that comply with performance standards. (Sec. 205) Declares that, for tobacco products, safety and effectiveness need not be assured if the Secretary finds that device class II special controls achieve the best public health result, determined considering the risks and benefits to the population as a whole, including users and nonusers. Authorizes recall of tobacco products if the Secretary finds that the best public health result would be achieved. Subtitle B: Regulation of Tobacco Products - Authorizes the adoption of a tobacco performance standard. Mandates establishment of a Scientific Advisory Committee to evaluate whether a level or range of levels exists at which nicotine does not produce drug dependence. (Sec. 212) Mandates a determination of whether persons under 18 are obtaining tobacco by mail. Authorizes regulatory and administrative action to restrict or eliminate mail tobacco sales. Mandates: (1) specified cigarette and smokeless tobacco package and advertising warning labels; and (2) regulations establishing warning labels for other tobacco products. Declares that this section does not relieve any person from liability at common law or under State statutory law. Deems misbranded any tobacco product in violation of this paragraph. Requires tobacco manufacturers to annually: (1) disclose to the Secretary tobacco product ingredients for each tobacco brand; and (2) submit a safety assessment for each new ingredient a manufacturer wants to include in a tobacco product. Requires tobacco packages to disclose all ingredients. Allows the Secretary to require public disclosure of any ingredient relating to a trade secret if the Secretary determines that disclosure will promote public health. Prohibits label or advertising statements implying a reduced health risk unless the manufacturer so demonstrates prior to making the statement. Requires any manufacturer that develops or acquires reduced risk technology to notify the Secretary. Requires each tobacco manufacturer to disclose to the Secretary all nonpublic information and research relating to addiction, dependency, or the health or safety of tobacco products. Requires that the Secretary have the same access to tobacco manufacturer records and information and inspection authority as is available regarding manufacturers of other medical devices. Mandates tobacco good manufacturing practice standards. (Sec. 213) Authorizes appropriations to carry out this subtitle. (Sec. 214) Repeals: (1) the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986 (except for specified sections of each); and (2) the Comprehensive Smoking Education Act of 1964. Subtitle C: Manufacturer and Product Seller Licensing and Anti-Smuggling - Establishes a minimum Federal licensing and registration program providing for a comprehensive system to support State efforts to collect State tobacco excise taxes and to prevent tobacco contraband activities. Requires use of amounts from section 101 to carry out this paragraph. (Sec. 223) Prohibits engaging in the business as a manufacturer, importer, exporter, or wholesaler of tobacco products without a license. Mandates a license fee and requires a separate license and fee for each place of business. Prohibits engaging in the business as a tobacco retailer without having registered with and paid a fee to the Secretary. Requires a separate registration and fee for each place of business. (Sec. 224) Makes it unlawful for any: (1) person except a licensed manufacturer, exporter, importer, or wholesaler or registered retailer to engage intentionally in the business of tobacco manufacturing, exporting, importing, wholesaling, or retailing; (2) licensed importer, manufacturer, or wholesaler intentionally to ship or receive tobacco products from or to any nonlicensed or nonregistered person; (3) registered retailer to intentionally receive tobacco products from a nonlicensed manufacturer, importer, or wholesaler or to sell or offer for sale more than 50 packages in a single transaction; (4) licensed exporter intentionally to ship, sell, or deliver for sale tobacco products to any nonlicensed manufacturer, nonlicensed importer, nonlicensed wholesaler, or foreign purchaser, receive tobacco products from any nonlicensed manufacturer, importer, or wholesaler, or ship, sell, or transfer tobacco products intended for export unless the package is marked for export only; or (5) person intentionally to ship, receive, possess, sell, distribute, or purchase contraband tobacco products in or affecting interstate commerce. (Sec. 225) Provides for criminal or civil penalties for violations of section 224. Mandates seizure and forfeiture of any conveyance, tobacco products, or monetary instrument involved in, or proceeds traceable to, a violation of this subtitle. (Sec. 226) Authorizes appropriations of amounts provided under section 101 to enable the Department of the Treasury to carry out certain activities under this subtitle. Mandates, in establishing a controlled commodity tracking system for tobacco, evaluation of an innovative anti-diversion system that can be implemented at the manufacturing level to track products to the point of retail sale. (Sec. 227) Authorizes the Secretary, in the Secretary's sole discretion, to set the licensing and registration fees in amounts as necessary to recover the administrative costs of this subtitle, including preventing contraband trafficking. (Sec. 232) Amends Federal criminal code provisions relating to trafficking in contraband cigarettes to decrease the number of cigarettes necessary to qualify as, and otherwise modify the definition of, "contraband cigarettes." Modifies recordkeeping and inspection requirements. Subtitle D: Penalties - Amends the FDCA to mandate civil monetary penalties on manufacturers for violations of the FDCA or this Act. Provides for the revocation or suspension of a license or registration of a manufacturer, exporter, importer, wholesaler, or retailer who violates any provision of this Act. Title III: Public Health Initiatives - Subtitle A: State-Federal Anti-Tobacco Partnership - Chapter 1: School- and Community-Based Programs - Establishes a program to award cooperative agreements to States for school-based programs concerning tobacco use dangers and community-based prevention programs, with the allocation of funds being made partly on the basis of population and partly on need. Authorizes appropriations of amounts provided under section 101 to carry out this section. (Sec. 302) Establishes the National Event Sponsorship Program of grants for the sponsorship of athletic, musical, artistic, or other social or cultural activity or team that was sponsored by a tobacco manufacturer or distributor before enactment of this Act. Authorizes appropriations of amounts provided under section 101 to carry out this section. Terminates the Program ten years after enactment of this Act. Chapter 2: Counter-Advertising Programs - Mandates programs to reduce tobacco usage through media-based (such as counter-advertising campaigns) and nonmedia-based education, prevention, and cessation campaigns. Establishes the Anti-Tobacco Public Education Board to make contracts and grants for the development and dissemination of public information to reduce tobacco use. Authorizes appropriations of amounts provided under section 101 to carry out this section. Chapter 3: National Cessation Program - Establishes the National Tobacco Cessation Program of grants, contracts, and cooperative agreements to expand the availability and use of tobacco use cessation products and services. Requires that: (1) at least $30 million of the amount available each year to carry out this section be made available to the Agency for Health Care Policy and Research to support and conduct periodic analyses of interventions for smoking cessation and strategies for disseminating and implementing those services; and (2) the Centers for Disease Control and Prevention (CDCP) conduct research on tobacco use cessation. Requires that amounts made available under section 101 be used to carry out this section. (Sec. 322) Mandates development of data sets for uniformly defining levels of youth and adult tobacco use. Declares that specified provisions of the Omnibus Budget Reconciliation Act of 1981 shall not apply regarding audits of funds allotted under this chapter. Subtitle B: Health Research Program - Chapter 1: National Fund for Health Research - Establishes in the National Tobacco Trust Fund the National Fund for Health Research (Research Fund). Authorizes appropriations of amounts provided under section 101 to carry out this section. Requires that appropriations be made under this section to each member Institute or Center of the National Institutes of Health in proportion to the amount otherwise annually appropriated for each Institute or Center. Chapter 2: Tobacco Prevention Research - Establishes the National Tobacco Research Task Force to foster coordination among groups that conduct or support tobacco-related research. (Sec. 336) Requires that the CDCP carry out tobacco-related research and surveillance and epidemiologic studies. Authorizes appropriations of amounts provided under section 101 to carry out this section. Subtitle C: Miscellaneous Provisions - Authorizes the use of up to specified percentages of amounts made available under this title's programs for administration. (Sec 342) Mandates withholding of funds from any State that does not use amounts provided under this title in accordance with requirements. (Sec. 343) Considers, for discrimination provisions of specified statutes relating to age, handicap, sex, race, color, or national origin, activities funded with funds made available under this title to be activities receiving Federal financial assistance. Prohibits discrimination on the basis of sex or religion in any activity funded by this title's funds. Authorizes a civil enforcement action by the Attorney General. (Sec. 344) Mandates assistance to foreign countries to assist in reducing and preventing the use of tobacco in foreign countries and in promoting use cessation. Authorizes providing funding and technical assistance. Authorizes appropriations of amounts provided under section 101 to carry out this section. Establishes the American Center on Global Health and Tobacco (ACT) in the District of Columbia as a private, nonprofit corporation. Mandates that an International Advisory Council provide advisory assistance to ACT. Title IV: Liability Provisions and Consent Decrees - Requires, in order for a State to be eligible to receive funds under section 111, that the State's attorney general: (1) resolve any civil action seeking recovery for expenditures for the treatment of tobacco-related conditions that was commenced by the State against a tobacco manufacturer, distributor, or retailer and is pending on enactment of this Act; and (2) agree not to commence a civil action against such a party for conduct before enactment of this Act seeking such recovery. Mandates establishment of procedures under which a State may elect not to resolve such an action or make such an agreement. Makes such a State ineligible to receive payments under section 111. Preempts, terminates, and settles any pending civil action for claims based on addiction or dependence filed by the Castano Plaintiffs Legal Committee. Subtitle A: Liability Provisions - (Sec. 401) Establishes in the National Tobacco Trust Fund the National Victims' Compensation Fund, to be used by the Attorney General solely for tobacco-related liability judgments and settlements based on manufacturer conduct. Mandates annual deposit into the Victims' Fund of amounts made available under section 101. Requires that the Victims' Fund establish a Contingency Reserve Account, mandating deposit into the Account of any amounts in the Victims' Fund unobligated at the end of each year. Requires, if payments from the Victims' Fund exceed the amount in the Victims' Fund in any year, that the excess amount (to a maximum of $4 billion in any year) be paid by manufacturers. Declares that amounts paid by a manufacturer to settle a civil action commenced by a State before enactment of this Act shall not apply in determining manufacturer liability under this paragraph. Requires, if payments exceed the amount in the Victims' Fund and the maximum manufacturer payment, that the excess be paid out of the Account. Requires any amounts unpaid after Account exhaustion to be paid in the subsequent year. Applies this section to a manufacturer that begins manufacturing after enactment of this Act. Requires, if such a manufacturer fails to make a payment required under this section, that the manufacturer pay to the Attorney General 150 percent of the amount the manufacturer would have paid under this section. Makes the manufacturer limit inapplicable to a manufacturer that has failed to comply with this Act. Requires, if the manufacturer limit is not reached in the year of failure to comply, that the previous sentence apply to the first year after the noncompliance year in which the limit is reached. (Sec. 403) Establishes an Arbitration Panel to award attorneys' fees and expenses relating to litigation involving a claim, brought by a Federal, State, or local governmental entity, affected by, or legal services that resulted in, this Act. Allows any attorney or group of attorneys involved in litigation affected by this Act the right to petition the Panel for fees and expenses. Makes the Panel's findings final, binding, and nonappealable. (Sec. 404) Mandates that a tobacco manufacturer comply with this section in order to eligible for a license. Requires manufacturers to establish the National Tobacco Document Depository. Requires each manufacturer to submit to the Depository every document (including those subject to a claim of attorney-client privilege, attorney work product, or trade secret protection) meeting specified criteria. Provides for the handling of materials subject to claims of attorney- client privilege, attorney work product, or trade secret protection. Mandates public availability of documents not subject to such claims. Establishes the Tobacco Documents Review Board to maintain the Depository and to resolve disputed claims of attorney-client privilege, attorney work product, or trade secret protection. Mandates a Board assessment against a manufacturer for full costs, and authorizes Board imposition of civil monetary penalties, if the Board finds assertion of such a claim to not have been in good faith. Authorizes a civil monetary penalty for failure to produce indexes and documents as required. Subtitle B: Consent Decrees - Requires a State, in order to be eligible to receive section 111 payments, and a manufacturer, in order to receive section 401 protection, to enter into consent decrees under this section. Allows a State to qualify with good faith but unsuccessful efforts. Requires that the consent decrees include: (1) an agreement not to pursue legal challenges to any aspect of this Act; (2) an agreement to pass through the costs of section 102 assessments to consumers through price increases; (3) restrictions on tobacco advertising and marketing aimed at preventing youth tobacco use and access; (4) restrictions on tobacco industry trade associations; (5) tobacco smoke constituent disclosure; (6) disclosure of nontobacco constituents in tobacco products; (7) disclosure of existing and future documents regarding health, toxicity, and addiction related to tobacco use; (8) manufacturer obligations to make payments for the benefit of States, private litigants, and the general public; (9) manufacturer obligations to interact only with exporters, importers, wholesalers, distributors, and retailers operating in compliance with Federal, State, or local tobacco marketing and sale laws; and (10) warning, labeling, and packaging requirements. Prohibits the agreements from including provisions relating to: (1) tobacco product design performance or modification; (2) manufacturing standards and good manufacturing practices; and (3) testing and regulation regarding toxicity and ingredients approval. Makes consent decree terms and conditions enforceable by the signatories and the Attorney General. Requires, prior to decree entry, that a decree have approval by the Secretary and the Attorney General, be fair and reasonable, and be in the public interest. Declares that, if any decree provisions are held unconstitutional or otherwise held not to apply to a manufacturer, section 401 liability protection ceases to apply to that manufacturer. Title V: Tobacco Farm Family and Community Assistance Trust Fund - Establishes in the National Tobacco Trust Fund the Trust Fund for Tobacco Farming Families and Communities, authorizing appropriations to it as provided in sections 101 and 102 and as repayable advances. Makes Farming Fund amounts available to assist tobacco-dependent farm families, workers, and communities, but only if a law is enacted before a specified date specifically prescribing authorized uses. Terminates this section's authority on that date unless such a law is enacted by that date. Title VI: Reducing Exposure to Environmental Tobacco Smoke - Requires that a specified amount be made available from section 101 amounts to enable States to: (1) conduct education and outreach regarding the health-related effects of environmental tobacco smoke; and (2)establish programs to reduce involuntary exposure to environmental tobacco smoke. Requires that a specified Executive Order (relating to protecting Federal employees and the public from exposure to tobacco smoke in the Federal workplace) apply to any public facility at which a covered employee (as defined in the Congressional Accountability Act of 1995) performs work. Title VII: Miscellaneous Provisions - Prohibits retaliation against an employee of a tobacco manufacturer, distributor, or retailer for disclosing to certain Federal, State, or local regulatory or enforcement authorities a substantial violation of law related to this Act or a State or local law furthering the purposes of this Act. (Sec. 702) Prohibits use of any funds by any Federal officer, employee, department, or agency to: (1) challenge tobacco-related laws or regulations meeting specified requirements in any country; (2) promote tobacco or tobacco product sale or exportation; or (3) support any events sponsored by individuals or entities involved in tobacco or tobacco product export, manufacture, promotion, distribution, or sale. Requires U.S. Diplomatic Posts to: (1) assist and promote tobacco control efforts in foreign countries; and (2) refer foreign tobacco-related laws or regulations meeting specified requirements to U.S. trade agencies if such laws or regulations may not comply with such requirements. (Sec. 703) Applies this Act's provisions to tobacco product manufacture, distribution, and sale within Indian tribe or tribal organization jurisdiction. Declares that nothing in this Act shall be construed to infringe on tribal or tribal member rights to transfer, acquire, possess, or use tobacco or tobacco products for religious, traditional, and ceremonial uses, but limits the quantities to those necessary to fulfill such purposes. Makes any tribe or tribal organization manufacturing tobacco products liable for a section 102 assessment. Authorizes assistance to a tribe or tribal organization in meeting and enforcing the requirements under related regulations. Applies FDCA requirements added by section 221 of this Act (relating to minors' tobacco access) to retailers in tribal or tribal organization jurisdiction. Requires, in order to be eligible for public health payments (below), that a tribe or tribal organization implement a tribal licensing program within tribal jurisdiction. Directs the Secretary to so implement if the tribe or tribal organization is not qualified to do so. Mandates annual grants to each tribe having an approved tribal anti-smoking plan, reducing section 111 amounts payable to a State in which the service areas of the tribe are located by the same amount. Provides for the amount determination, basing it on the reservation population as compared to the State population. Requires grants to be used to reimburse the tribe for smoking-related health expenditures and to further the purposes of this Act. Prohibits a participating manufacturer from engaging in any activity in tribal or tribal organization jurisdiction that is prohibited under this Act. Requires that amounts made available under section 101 be provided to the Indian Health Service for anti-tobacco-related consumption and cessation activities. Prohibits a State from imposing obligations or requirements regarding this Act's application to tribes and tribal organizations. (Sec. 704) Allows State and local governments, to the extent not inconsistent with this Act's purposes, to impose additional tobacco control measures (except labeling requirements) to further restrict or limit tobacco use by minors.
United States · United States Congress · 31 March 1998
Amends the Commodity Exchange Act to temporarily authorize an agricultural trade option outside a contract market (as defined by this Act).
United States · United States Congress · 30 March 1998
Amends the Taxpayer Relief Act of 1997 to permanently extend income averaging for farmers.
United States · United States Congress · 30 March 1998
Amends the Taxpayer Relief Act of 1997 to permanently extend income averaging for farmers.
United States · United States Congress · 27 March 1998
TABLE OF CONTENTS: Title I: Emergency Supplemental Appropriations Chapter 1: Department of Agriculture Chapter 2: Department of Defense Chapter 3: Department of Defense - Civil Chapter 4: Department of the Interior Chapter 5: Department of Defense - Military Construction Chapter 6: Department of Transportation Title II: Rescissions Title III: General Provisions - This Act 1998 Emergency Supplemental Appropriations Act - Makes emergency supplemental appropriations and rescissions for FY 1998. Title I: Emergency Supplemental Appropriations - Chapter 1: Department of Agriculture - Makes emergency supplemental appropriations for the Department of Agriculture for: (1) the Emergency Conservation Program; (2) the tree assistance program; (3) the Agricultural Credit Insurance Fund Program Account for emergency insured loans; (4) the Commodity Credit Corporation Fund for livestock and dairy production disaster assistance; and (5) the Natural Resources Conservation Service for watershed and flood prevention operations. Chapter 2: Department of Defense - Makes emergency supplemental appropriations for the Department of Defense (DOD) for: (1) military personnel, Army, Navy, Marine Corps, and Air Force and for reserve personnel, Navy; (2) operation and maintenance (O&M), Army, Navy, Marine Corps, Air Force, Army Reserve, Air Force Reserve, Army National Guard, and Air National Guard as well as defense-wide O&M; (3) the Overseas Contingency Operations Transfer Fund; (4) the Navy Working Capital Fund; (5) the Defense-Wide Working Capital Fund; and (6) the Defense Health Program. (Sec. 203) Appropriates an additional amount for DOD for the Reserve Mobilization Income Insurance Fund. (Sec. 204) Directs the Secretary of Defense to appoint an independent panel of experts to evaluate recent measures taken to improve the quality of care provided by the Military Health Services System. Requires the panel to: (1) review the DOD Access and Quality Improvement Initiative to assess whether all measures have been taken to ensure that the System delivers services in accordance with high professional standards; and (2) report findings and recommendations to the Secretary, to be forwarded to the Congress. Makes specified funds available for the panel and for any activity identified by the panel that will improve System health care. Chapter 3: Department of Defense - Civil - Makes emergency supplemental appropriations for DOD for the Army Corps of Engineers for general O&M for emergency repairs. Makes additional funds available for the Department of the Interior, Bureau of Reclamation for water and related resources to repair damage caused by natural disasters. Chapter 4: Department of the Interior - Makes emergency supplemental appropriations for the Department of the Interior for: (1) the U.S. Fish and Wildlife Service and the National Park Service for construction to repair damage caused by natural disasters; and (2) the U.S. Geological Survey for surveys, investigations, and research related to emergency expenses. Makes additional funds available for the Forest Service for State and private forestry and National Forest System emergency expenses. Chapter 5: Department of Defense - Military Construction - Makes emergency supplemental appropriations available for DOD for: (1) the Base Realignment and Closure Account, Part III for costs arising from El Nino damage; and (2) family housing, Navy and Marine Corps and Air Force for costs arising from Typhoon Paka and El Nino damage. Chapter 6: Department of Transportation - Makes emergency supplemental appropriations for the Department of Transportation for: (1) Federal-Aid Highways emergency expenses; and (2) the Federal Railroad Administration for emergency railroad rehabilitation and repair. Title II: Rescissions - Rescinds specified amounts of funds for: (1) the Department of Education for bilingual and immigrant education; (2) Federal Aviation Administration grants-in-aid for airports; (3) the Department of Housing and Urban Development for Section 8 reserves; and (4) the Corporation for National and Community Service for operating expenses of national and community service programs. Title III: General Provisions - This Act - Bars the use of funds made available by this Act for offensive operations by the armed forces against Iraq for purposes of obtaining compliance with United Nations Security Council resolutions relating to inspection and destruction of weapons of mass destruction unless such operations are authorized by a law enacted after this Act's enactment.
United States · United States Congress · 27 March 1998
TABLE OF CONTENTS: Title I: Supplemental Appropriations Chapter 1: Department of Agriculture Chapter 2: Department of State Chapter 3: Department of Energy Chapter 4: Foreign Operations, Export Financing, and Related Programs Chapter 5: Department of the Interior Chapter 6: Department of Health and Human Services Chapter 7: Legislative Branch Chapter 8: Department of Transportation and Related Agencies Chapter 9: Department of the Treasury Chapter 10: Department of Veterans Affairs Chapter 11: Department of Defense - Military Construction Title II: Rescissions Title III: General Provisions - This Act 1998 Supplemental Appropriations and Rescissions Act - Makes supplemental appropriations and rescissions for FY 1998. Title I: Supplemental Appropriations - Chapter 1: Department of Agriculture - Authorizes the Secretary of Agriculture to compensate for economic losses of persons who had or will have wheat stored in a storage facility that was, or may be, subject to an emergency action notice relating to the presence of Karnal bunt. Makes supplemental appropriations for the Department of Agriculture for: (1) departmental administration; (2) the Office of the General Counsel; and (3) the Agricultural Credit Insurance Fund Program Account for direct and unsubsidized guaranteed farm ownership loans, direct and guaranteed subsidized farm operating loans, and boll weevil eradication program loans. Makes additional funds available for salaries and expenses of the Food and Drug Administration. Chapter 2: Department of State - Makes supplemental appropriations for the Department of State for arrearage payments for the United Nations and assessed expenses of international peacekeeping. Prohibits the obligation or expenditure of funds for arrearages and international peacekeeping until the share of all assessed contributions for the regular United Nations budget does not exceed 22 percent (and 25 percent for each peacekeeping operation) for any single member. Chapter 3: Department of Energy - Makes an additional amount available for Department of Energy (DOE) departmental administration to cover increases in the cost of work for others, provided such costs are offset by revenue increases derived from specified fees under the Atomic Energy Act of 1954. (Sec. 301) Sets forth limitations on specified DOE projects. Chapter 4: Foreign Operations, Export Financing, and Related Programs - Makes supplemental appropriations for foreign operations, export financing, and related programs for: (1) an increase in the U.S. quota in the International Monetary Fund (IMF); and (2) loans to the IMF under the Bretton Woods Agreements Act pursuant to new arrangements to borrow. Declares that a specified amount of bilateral economic assistance should be made available for Bolivia. (Sec. 401) Prohibits the use of funds appropriated for the U.S. quota in the IMF until the Secretary of the Treasury reports to the appropriate congressional committees that it is IMF policy that arrangements in excess of $500 million involving the use of resources available to the IMF shall include provisions committing the borrowing country to: (1) comply with the terms of international trade agreements of which the country is a signatory; (2) eliminate the policy of Government-directed lending by financial institutions; and (3) guarantee nondiscriminatory treatment in debt resolution proceedings between domestic and foreign creditors and debtors and other concerned persons. (Sec. 402) Requires the Secretary to report to the appropriate congressional committees on: (1) the implementation of IMF-led financial stabilization programs in countries in connection with which the United States has made a commitment to provide or has provided financing from the exchange stabilization fund; and (2) impending disbursements to such countries. (Sec. 403) Directs the Secretary to establish an International Financial Institution Advisory Commission that shall report recommendations to the appropriate committees on the future role and responsibilities of the IMF and the International Bank for Reconstruction and Development. International Monetary Fund Reform and Authorization Act of 1998 - Amends the Bretton Woods Agreement Act to authorize the U.S. Governor of the IMF to consent, subject to appropriations, to a specified increase in the U.S. IMF quota of Special Drawing Rights. Makes such amendment effective only if the Secretary certifies to certain congressional committees that the investors and banks have made a significant contribution in conjunction with a financing package that, in the context of an international financial crisis, might include taxpayer supported official financing. (Sec. 406) Sets forth conforming amendments for Federal participation in new arrangements to borrow. (Sec. 407) Amends the International Financial Institutions Act (the Act) to direct the Secretary of the Treasury to instruct the U.S. Executive Director of the IMF to promote specified policies, including: (1) structuring programs and assistance so as to promote policies and actions that will contribute to exchange rate stability and avoid competitive devaluations; (2) promoting market-oriented reform, trade liberalization, economic growth, democratic governance, and social stability through certain measures; (3) strengthening financial systems in developing countries and encouraging the adoption of sound banking principles and practices; (4) facilitating the development and implementation of internationally acceptable domestic bankruptcy laws in developing countries; (5) promoting policies that aim at appropriate burden-sharing by the private sector so that investors and creditors bear more fully the consequences of their decisions; (6) fostering structural reforms, including procurement reform, that reduce opportunities for corruption, bribery, and drug-related money laundering; (7) designing IMF programs and assistance so that governments channel public funds away from unproductive purposes, including large showcase projects and excessive military spending, and toward investment in human and physical capital; (8) structuring IMF programs and assistance so that improvement of labor standards is incorporated as an integral goal in the policy dialogue with recipient countries; (9) discouraging practices which may promote ethnic or social strife in a recipient country; (10) promoting IMF recognition that macroeconomic developments and policies can affect and be affected by environmental conditions and policies; (11) facilitating greater IMF transparency and accountability; and (12) promoting structural reforms which facilitate credit to small businesses, including microenterprise lending, especially in the world's poorest, heavily indebted countries. Directs the Secretary to establish an IMF Advisory Committee to advise the Secretary on the extent to which individual country IMF programs meet the policy goals set out in the Act. (Sec. 408) Denies Federal funds to the IMF unless the Secretary certifies to specified congressional committees that the IMF has made certain meeting minutes and reviews of loan programs available for public inspection. (Sec. 409) Instructs the Secretary to certify to certain congressional committees that the U.S. Executive Director of the IMF will oppose further fund disbursements to Indonesia unless its government complies with the terms of its IMF reform package. (Sec. 410) Expresses the sense of the Congress that Japan should assume a greater regional leadership role, coinciding with its goal of promoting strong domestic demand-led growth and avoiding a significant increase in its external surplus with the United States and the countries of the Asia-Pacific region. (Sec. 412) Instructs the Secretary to submit status reports to certain congressional committees regarding progress made toward achieving specified objectives to strengthen safeguards in the global financial system, including measures to promote more efficient functions of global markets. Requires such a report also on progress the U.S. Executive Director of the IMF has made in influencing the IMF to adopt specified policies and reforms of its internal procedures. (Sec. 414) Directs the Secretary to certify to certain congressional committees that the Secretary has instructed the U.S. Executive Director of the IMF to facilitate timely access by the General Accounting Office (GAO) to IMF information and documents needed by GAO to perform financial reviews of the IMF that will facilitate the conduct of U.S. policy with respect to it. Instructs the Comptroller General to report annually to such congressional committees on IMF financial operations. Chapter 5: Department of the Interior - Makes supplemental appropriations for the Department of the Interior for: (1) the Minerals Management Service for royalty and offshore minerals management to meet increased demand and workload requirements stemming from leasing activity in the Gulf of Mexico; (2) the Abandoned Mine Reclamation Fund, to be derived from a transfer of funds; and (3) the Bureau of Indian Affairs (BIA) for operation of Indian programs and the Office of Special Trustee for American Indians for Federal trust programs to support litigation involving individual Indian trust fund accounts. Chapter 6: Department of Health and Human Services - Makes additional funds available for the Department of Health and Human Services for Health Care Financing Administration program management. (Sec. 602) Authorizes the obligation of a limited amount of funds in FY 1998 for contracts with Utilization and Quality Control Peer Review Organizations pursuant to the Social Security Act. Chapter 7: Legislative Branch - Makes supplemental appropriations for the legislative branch for: (1) payments to widows of specified Members of Congress; and (2) the Architect of the Capitol for Capitol building salaries and expenses and for the Capitol Square perimeter security plan. Chapter 8: Department of Transportation and Related Agencies - Provides additional funds for the Department of Transportation (DOT) for the Amtrak Reform Council and for National Transportation Safety Board salaries and expenses for expenses resulting from the crash of TWA Flight 800. Chapter 9: Department of the Treasury - Makes supplemental appropriations for the Department of the Treasury for: (1) automation enhancement; (2) Treasury building and annex repair and restoration; and (3) Financial Management Service salaries and expenses for year 2000 century date change conversion requirements. Chapter 10: Department of Veterans Affairs - Provides additional funds for the Veterans Benefits Administration for compensation and pensions. Prohibits requirements set forth in any carbon monoxide Federal implementation plan based on the Clean Air Act as in effect prior to the 1990 amendments from being imposed in Arizona. Authorizes the Administrator of the National Aeronautics and Space Administration to transfer specified funds to the account for human space flight for the International Space Station program. Chapter 11: Department of Defense - Military Construction - Directs the Secretary of the Navy to carry out beach replenishment in connection with the military construction project for North Island Naval Air Station, California. Title II: Rescissions - Rescinds specified amounts of Department of Agriculture funds for: (1) the Agricultural Research Service; (2) Animal and Plant Health Inspection Service salaries and expenses; (3) the Agricultural Marketing Service; (4) Grain Inspection, Packers and Stockyards Administration salaries and expenses; (5) the Food Safety and Inspection Service; (6) Farm Service Agency salaries and expenses; (7) unsubsidized guaranteed operating loans from the Agricultural Credit Insurance Fund; (8) Natural Resources Conservation Service operations; (9) Rural Housing Service salaries and expenses; and (10) Food and Nutrition Service food program administration. Limits specified funds available for salaries and expenses of personnel to carry out a conservation farm options program. Rescinds specified amounts of funds for the Department of the Interior for: (1) Bureau of Land Management management of lands and resources; (2) Oregon and California grant lands; (3) Fish and Wildlife Service resource management and construction; (4) National Park Service and BIA construction; and (5) the Bureau of Mines. Rescinds specified amounts of Forest Service funds for: (1) forest and rangeland research; (2) State and private forestry; (3) the National Forest System; (4) wildland fire management; and (5) reconstruction and construction. Rescinds specified amounts of DOT funds for: (1) payments to air carriers and small community air service; (2) the Federal Aviation Administration for facilities, engineering, and development and grants-in-aid for airports; and (3) the Federal Railroad Administration for Conrail labor protection. Rescinds specified amounts of Department of Treasury funds for: (1) Treasury building and annex repair and restoration; (2) Customs Service salaries and expenses; and (3) Internal Revenue Service information technology investments. Title III: General Provisions - This Act - Prohibits any part of an appropriation contained in this Act from remaining available for obligation beyond the current fiscal year unless provided otherwise.
United States · United States Congress · 25 March 1998
TABLE OF CONTENTS: Title I: Defense Title II: Other Discretionary Accounts Title III: Entitlements Title I: Defense - Directs the Secretary of Defense to reduce: (1) by FY 2004 the Department of Defense (DOD) strategic nuclear force to include a maximum of 300 Minuteman III intercontinental ballistic missiles; and (2) DOD theater missile defense programs by terminating the Navy sea-based area theater missile defense system, the Army Medium Extended Air Defense System, the Air Force airborne laser for destruction of missiles system, and the Space and Missile Tracking System. (Sec. 102) Prohibits funds from being appropriated to DOD for fiscal years after 1998 for the production of Trident II (D-5) missiles for the Navy. Requires the Secretary to retire eight Trident I submarines during FY 2001 through 2004. (Sec. 103) Prohibits funds from being appropriated to DOD for fiscal years after 1998 for: (1) assistance to Israel for development of the Arrow missile; and (2) research, development, test, and evaluation or for procurement for the Marine Corps V-22 Osprey aircraft program. (Sec. 105) Requires the Secretary to retire 20 Air Force KC-135E aircraft during each of FY 1999 through 2003. (Sec. 106) Directs the Secretary to assign to a unit of the armed forces members who are: (1) in transit during a scheduled move from one military installation to another; or (2) undergoing military training other than basic training. (Sec. 107) Amends the Arms Export Control Act to provide that any sale of major defense equipment approved under such Act shall include an appropriate charge for costs incurred by the United States in the research, development, and production of such equipment. Provides an exception. Repeals a provision of such Act which allows for the recovery of certain administrative expenses when such expenses are neither salaries of U.S. armed forces nor unfunded estimated costs of civilian retirement and other benefits. Title II: Other Discretionary Accounts - Requires the Administrator of the National Aeronautics and Space Administration (NASA) to terminate U.S. participation in the International Space Station program. Authorizes appropriations for termination costs. (Sec. 202) Amends the Rural Electrification Act of 1936 to require the interest rates on loans and advances under such Act to equal the coupon equivalent yield on Treasury obligations of comparable maturity at the most recent Treasury auction. Provides for loan origination fees from borrowers of loans made under such Act. Eliminates references to existing interest rates under such Act. (Sec. 203) Amends the National Forest Management Act of 1976 to eliminate below-cost timber sales from National Forest System lands. (Sec. 204) Repeals provisions of the Agricultural Trade Act of 1978 regarding the foreign market development cooperator program. (Sec. 205) Repeals provisions of the Food, Agriculture, Conservation, and Trade Act of 1990 regarding the Cochran Fellowship Program. (Sec. 206) Prohibits the NASA Administrator from obligating funds for the Advanced Subsonic Technology Program, High-Speed Research, or the National Aeronautics Facility. (Sec. 207) Repeals the Appalachian Regional Development Act of 1965 effective September 30, 1998. (Sec. 208) Amends the Tennessee Valley Authority Act of 1933 to prohibit the authorization of appropriations to carry out such Act after September 30, 1998. Title III: Entitlements - Requires, for any arrangement for the sale of electric power entered into by a Federal Power Marketing Administration after October 1, 1998, that: (1) the rate for the sale of power be the market rate established by competitive bidding and no discount be provided to any purchaser; and (2) no entity be entitled to any preference or priority right to contract for or purchase such power. Makes certain provisions of the Pacific Northwest Electric Power Planning and Conservation Act regarding a residential power exchange program inapplicable to arrangements for the purchase or sale of electric power entered into after October 1, 1998. Prohibits Federal Power Marketing Administrations from entering into or renewing a power marketing contract for a term that exceeds five years. (Sec. 302) Repeals provisions of the Agricultural Trade Act of 1978 regarding a market access program. (Sec. 303) Amends the Agricultural Act of 1949 to extend and increase tobacco price support program marketing assessments on producers, purchasers, and importers. (Sec. 304) Amends the Higher Education Act of 1965 to provide for the payment of in-school interest by certain student loan borrowers. (Sec. 305) Amends Federal veterans' provisions to increase from $2 to $5 the prescription drug copayment required from certain veterans. Extends such requirement through FY 2003.
United States · United States Congress · 25 March 1998
Family Farm Safety Net Act of 1998 - Amends the Agricultural Market Transition Act to revise marketing assistance loan formula ceilings for wheat, corn (feed grains), upland and extra long staple cotton, and soybeans and other oilseeds. Authorizes six-month loan extensions. Amends the Consolidated Farm and Rural Development Act to give rural industrial assistance priority to projects that encourage farmer-owned value-added processing facilities.
United States · United States Congress · 24 March 1998
New Mothers' Breastfeeding Promotion and Protection Act of 1998 - Amends the Civil Rights Act of 1964 to include breastfeeding or expression of milk from the breast to feed a child among those activities for which a woman may not be discriminated against in employment. (Sec. 4) Amends the Internal Revenue Code to allow a tax credit for 50 percent of employer expenses for providing an appropriate environment on business premises for employed mothers to breastfeed or express milk for their children. (Sec. 5) Directs the Secretary of Health and Human Services (HHS) to put into effect a performance standard for breast pumps irrespective of the class to which the device has been classified under the Federal Food, Drug, and Cosmetic Act, identifying those pumps appropriate for use on a regular basis in a place of employment based on the efficiency and effectiveness of the pump and on sanitation factors related to communal use. Requires the Secretary, acting through the Commissioner of Food and Drugs, to issue a compliance policy guide which will assure that women who want to breastfeed a child are given full and complete information about breast pumps. (Sec. 6) Amends the Family and Medical Leave Act of 1993 (FMLA), and Federal civil service law, to require family and medical leave for nursing mothers' breaks, if the lactating mothers are entitled to specified leave as private or public employees under such law. Directs the Secretary of Labor to promulgate regulations to implement such FMLA requirement. (Sec. 7) Directs the Secretary of HHS, acting through the Maternal and Child Health Bureau of the Health Resources and Services Administration and in cooperation with the Secretary of Agriculture and other appropriate Federal agency heads, to undertake a campaign aimed at health professionals and the general public to promote the benefits of breastfeeding for infants, mothers, and families, especially public and private health professionals providing health services under Federal programs (including those for Federal employees). (Sec. 8) Amends the Child Nutrition Act of 1966 to allow State agencies to use funds made available for food benefits (including savings from infant formula cost containment) for breastfeeding promotion and support activities under the special supplemental nutrition program for women, infants, and children (the WIC program).
United States · United States Congress · 24 March 1998
Forest Recovery and Protection Act of 1998 - Directs the Secretary of Agriculture to: (1) begin a national program of U.S. forest land recovery and protection; and (2) identify and prioritize recovery areas, and allocate amounts from the Forest Recovery and Protection Fund for such activities. Sets forth program provisions regarding: (1) project selection; (2) prohibited areas; and (3) reporting requirements. (Sec. 5) Establishes a Scientific Advisory Panel to assist the Secretary. (Sec. 6) Directs the Secretary to: (1) conduct an initial number of advance recovery projects; and (2) prepare a national pilot program monitoring plan. (Sec. 8) Establishes in the Treasury the Forest Recovery and Protection Fund, which shall be administered by the Chief of the Forest Service. (Sec. 9) Authorizes appropriations through the later of September 30, 2005, or September 30 of the fifth full fiscal year following the implementation date of this Act. (Sec. 10) Sets forth audit requirements. (Sec. 11) Directs the Secretary to: (1) establish a public and private forest inventory and analysis program; (2) prepare an annual forest inventory for each State; (3) develop and publish national standards and definitions for forest inventory and analysis; and (4) prepare a strategic implementation plan.
United States · United States Congress · 19 March 1998
Agricultural Credit Restoration Act - Amends the Consolidated Farm and Rural Development Act to exclude from "debt forgiveness": (1) loan rescheduling, consolidation, deferral, or reamortization; (2) one debt forgiveness due to natural disaster or family medical condition; and (3) loan restructuring, write-down, or buy-out as part of the resolution of a discrimination complaint against the Secretary of Agriculture (thus excluding such situations from the ban on lending program eligibility for producers with restructured farm debt). Increases the number of permitted loan (including direct operating and guaranteed loan) write-downs or buy-outs per borrower from one to two. Eliminates the aggregate limitation on per borrower debt forgiveness. Authorizes interstate allocation of unused funds for socially disadvantaged farmers and ranchers.
United States · United States Congress · 19 March 1998
Agricultural Credit Restoration Act - Amends the Consolidated Farm and Rural Development Act to exclude from "debt forgiveness": (1) loan rescheduling, consolidation, deferral, or reamortization; (2) one debt forgiveness due to natural disaster or family medical condition; and (3) loan restructuring, write-down, or buy-out as part of the resolution of a discrimination complaint against the Secretary of Agriculture (thus excluding such situations from the ban on lending program eligibility for producers with restructured farm debt). Increases the number of permitted loan (including direct operating and guaranteed loan) write-downs or buy-outs per borrower from one to two. Eliminates the aggregate limitation on per borrower debt forgiveness. Authorizes interstate allocation of unused funds for socially disadvantaged farmers and ranchers.
United States · United States Congress · 19 March 1998
Adjusts the boundary of: (1) the Lake Chelan National Recreation Area, Washington, to exclude a certain parcel of land and waters; and (2) the Wenatchee National Forest, to include such parcel. Transfers administrative jurisdiction over Federal land and waters in the parcel from the Secretary of the Interior to the Secretary of Agriculture. Considers the boundaries of the Forest to be those as of January 1, 1965, for purposes of Federal provisions concerning allocation of Land and Water Conservation Fund monies for Federal purposes.
United States · United States Congress · 17 March 1998
TABLE OF CONTENTS: Title I: Emergency Supplemental Appropriations for Recovery from Natural Disasters, and for Overseas Peacekeeping Efforts, for the Fiscal Year Ending September 30, 1998, and for Other Purposes Chapter 1: Subcommittee on Agriculture, Rural Development, and Related Agencies Chapter 2: Subcommittee on Defense Chapter 3: Subcommittee on Energy and Water Development Chapter 4: Subcommittee on Interior and Related Agencies Chapter 5: Subcommittee on Labor, Health and Human Services, and Education, and Related Agencies Chapter 6: Subcommittee on the Legislative Branch Chapter 7: Subcommittee on Military Construction Chapter 8: Subcommittee on Transportation and Related Agencies Chapter 9: Subcommittee on Treasury and General Government Chapter 10: Subcommittee on VA, HUD, and Independent Agencies Chapter 11: Offsets and Rescissions Title II: General Provisions--This Act 1998 Emergency Supplemental Appropriations Act for Recovery From Natural Disasters, and for Overseas Peacekeeping Efforts - Title I: Emergency Supplemental Appropriations for Recovery from Natural Disasters, and for Overseas Peacekeeping Efforts, for the Fiscal Year Ending September 30, 1998, and for Other Purposes - Chapter 1: Subcommittee on Agriculture, Rural Development, and Related Agencies - Makes emergency supplemental appropriations for FY 1998 for the Department of Agriculture for: (1) departmental administration; (2) the Office of the General Counsel; (3) the Farm Service Agency for the Agricultural Credit Insurance Fund Program Account; (4) the Emergency Conservation Program; (5) the Commodity Credit Corporation Fund for the implementation of a dairy and livestock disaster assistance program; and (6) the Natural Resources Conservation Service for watershed and flood prevention operations. Requires certain funds for employment and training under the Food Stamp Program to remain available until expended. Makes additional funds available for certain salaries and expenses of the Food and Drug Administration. Chapter 2: Subcommittee on Defense - Makes additional funds available to the Department of Defense (DOD) for: (1) military personnel, Army, Navy, Marine Corps, and Air Force and reserve personnel, Navy; (2) operation and maintenance (O&M), Army, Navy, Air Force, Army Reserve, Air Force Reserve, and Army National Guard as well as defense-wide O&M; (3) the Overseas Contingency Operations Transfer Fund; (4) the Navy Working Capital Fund; (5) the Defense-wide Working Capital Fund; and (6) the Defense Health Program. Makes additional funds available for overseas humanitarian, disaster, and civic aid. (Sec. 203) Urges the President to: (1) encourage other nations to contribute to preventing Iraq from using weapons of mass destruction; and (2) seek contributions to help defray the costs being incurred in this operation. Provides for the establishment of a special account in the Treasury to receive such contributions. Directs the Secretary of Defense to report to the Congress on the status of such effort and the results obtained in sharing the burden of common defense. Requires the Director of the Office of Management and Budget to report to the Congress on the establishment of the burden-sharing account. Chapter 3: Subcommittee on Energy and Water Development - Makes additional funds available to the Army Corps of Engineers for construction and O&M related to emergency repairs due to flooding and other natural disasters. Makes additional appropriations for the Department of Energy for atomic energy defense weapons activities and departmental administration to cover increases in the cost of Work for Others. (Sec. 302) Amends the Emergency Drought Relief Act of 1996 to direct the Secretary of the Interior to extend the period for repayment by the city of Corpus Christi, Texas, and the Nueces River Authority relating to the Nueces River reclamation project, Texas, until: (1) August 1, 2029, for repayment of the municipal and industrial water supply benefits of the project; and (2) August 1, 2044, for repayment of the fish, wildlife, and recreation benefits of the project. Requires the Secretary to extend the period for repayment by the Canadian River Municipal Water Authority relating to the Canadian River reclamation project, Texas, until October 1, 2021. (Sec. 303) Bars the Army Corps of Engineers, before final disposition of the civil action, Bonnichsen v. United States, from authorizing any action to stabilize, cover, or permanently alter land within 100 yards of where Kennewick Man remains were found unless the court determines such an action to be reasonable and necessary. Chapter 4: Subcommittee on Interior and Related Agencies - Makes additional funds available to the Department of the Interior for: (1) the U.S. Fish and Wildlife Service and the National Park Service (NPS) for construction expenses related to repair of damage caused by floods and other natural disasters; (2) the U.S. Geological Survey for surveys, investigations, and research related to emergency expenses resulting from floods and other natural disasters; (3) the Minerals Management Service for royalty and offshore minerals management for increased demand and workload requirements stemming from leasing activity in the Gulf of Mexico; (4) the Abandoned Mine Reclamation Fund, to be derived from a transfer of funds; and (5) the Bureau of Indian Affairs (BIA) for operation of Indian programs and the Office of Special Trustee for American Indians for Federal trust programs to support litigation involving individual Indian trust fund accounts. Makes additional funds available to the Forest Service for State and private forestry and the National Forest System for emergency expenses resulting from natural disaster damages. Makes an additional amount available for the Indian Health Service for suicide prevention counseling. (Sec. 404) Petroglyph National Monument Boundary Adjustment Act - Requires the Secretary, acting through the Director of the NPS, and the city of Albuquerque, New Mexico, to enter into negotiations for the management of storm water runoff and drainage within the Petroglyph National Monument. Directs the city of Albuquerque to provide design specifications to the Secretary prior to the initiation of construction within a specified corridor. Amends the Petroglyph National Monument Establishment Act of 1990 to remove a requirement that lands within the Monument boundary owned by the State of New Mexico or a political subdivision be acquired only by donation or exchange. Bars any land owned by New Mexico or a political subdivision from being acquired by purchase before: (1) the land is identified by New Mexico or the political subdivision for disposal; or (2) two years have elapsed after the date on which the Secretary has made a final offer to acquire all remaining private land at fair market value. Adjusts the boundary of the Monument to exclude the Paseo Del Norte corridor in the Piedras Marcadas Unit. Provides that the inclusion of such corridor within the Monument boundary before this Act's enactment shall have no effect on any future ownership, use, or management of the corridor. (Sec. 405) Permits the Chief of the Forest Service to authorize and execute any projects, including timber sales, that were previously scheduled for initiation or completion in FY 1998 or 1999 or that may be scheduled hereafter, notwithstanding any moratorium on construction of roads in roadless areas within the National Forest System. Provides funding to States for any previously scheduled projects. Directs the Chief, during such moratorium, to report to the Appropriations Committees on: (1) whether standards and guidelines in existing land and resource management plans compel or encourage entry into roadless areas within the National Forest System for purposes of constructing roads or undertaking any other ground-disturbing activities; (2) all roads within the System and the uses which they serve; and (3) the economic and social effects of the moratorium. Chapter 5: Subcommittee on Labor, Health and Human Services, and Education, and Related Agencies - Makes additional funds available to the Department of Health and Human Services for the Centers for Disease Control and Prevention for disease control, research, and training and program management of the Health Care Financing Administration. Chapter 6: Subcommittee on the Legislative Branch - Makes additional funds available to the Architect of the Capitol for Capitol buildings, salaries and expenses and Capitol grounds for the Capitol Square Perimeter Security Plan. Chapter 7: Subcommittee on Military Construction - Makes additional funds available to DOD for military construction, Navy and Air Force and family housing, Navy and Marine Corps and Air Force. Chapter 8: Subcommittee on Transportation and Related Agencies - Makes additional funds available to the Department of Transportation (DOT) for: (1) the Office of the Secretary for transportation planning, research, and development; (2) the Federal Aviation Administration (FAA) for operations and facilities and equipment for expenses relating to the year 2000 computer hardware and software problems; (3) Federal aid highways for the emergency relief program; and (4) salaries and expenses for the National Transportation Safety Board for expenses resulting from the crash of TWA Flight 800. Chapter 9: Subcommittee on Treasury and General Government - Makes additional funds available to the Department of the Treasury for year 2000 century date change conversion requirements and to the Financial Management Service for salaries and expenses related to such requirements. Chapter 10: Subcommittee on VA, HUD, and Independent Agencies - Makes additional funds available to the Veterans Benefits Administration for compensation and pensions. Chapter 11: Offsets and Rescissions - Rescinds specified amounts of funds for: (1) the Food Safety and Inspection Service; (2) the Farm Service Agency's Agricultural Credit Insurance Fund Program Account; (3) Rural Housing Service salaries and expenses; (4) the Bureau of Land Management; (5) Oregon and California grant lands; (6) U.S. Fish and Wildlife Service resource management and construction; (7) NPS construction; (8) the Bureau of Mines; (9) BIA construction; (10) DOT payments to air carriers and small community air service; (11) FAA grants-in-aid for airports; (12) Federal Railroad Administration Conrail labor protection; (13) Customs Service salaries and expenses; and (14) Internal Revenue Service information technology investments. Authorizes a limited amount of funds to be obligated in FY 1998 for contracts with Utilization and Quality Control Peer Review Organizations pursuant to the Social Security Act. Title II: General Provisions--This Act - Sets forth limitations on funds made available by this Act. (Sec. 2004) Requires the Federal Communications Commission (FCC) to report to the Congress on: (1) a revised structure consisting of a single entity to administer certain programs regarding universal service for schools and libraries and telecommunications services for rural health care providers; and (2) funding for such programs. Directs the FCC to prioritize assistance for the schools and library program on the basis of need. Imposes a cap on the compensation of individuals employed by the administering entity. Bars the FCC, before June 1, 1998, from: (1) adjusting the contribution factors for telecommunications carriers with respect to programs described by this section; or (2) collecting any contribution due for the third or fourth quarter of calendar year 1998.
United States · United States Congress · 17 March 1998
Amends the Consolidated Farm and Rural Development Act to increase maximum limits on guaranteed farm ownership and guaranteed farm operating loans. Provides for inflation indexing.
United States · United States Congress · 17 March 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 for Producers, Communities, and Other Persons 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 Title X: Tobacco Asbestos Trust 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 make an initial payment to the Fund based on that manufacturer's stock market capitalization as compared to the average stock market capitalization of all manufacturers. Mandates subsequent annual payments by each manufacturer based on that manufacturer's gross domestic tobacco sales 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: (1) reimburse each eligible State for State expenditures under title XIX (Medicaid) of the Social Security Act for the treatment of individuals with tobacco-related conditions or any other State expenses incurred in providing treatment for tobacco-related conditions; and (2) provide 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; and (2) submit a plan regarding payments to local governments. Prohibits the Secretary from approving a State plan unless the Secretary makes an explicit written finding that local entities will receive an equitable portion. 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. Requires States to ensure that: (1) teachers are qualified; and (2) when qualifications are temporarily waived, unqualified teachers are not disproportionately employed in high poverty schools. (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, agencies and contractors under title IV, part A (Temporary Assistance for Needy Families) (TANF) of the Social Security Act, Medicaid agencies, certain public housing agencies and contractors, 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. Makes eligible for Medicaid children lawfully present in the United States who would, but for specified provisions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (relating to a five-year means-tested public benefit waiting period), be eligible under other provisions. Allows a State to include such children in the term "targeted low-income child." Makes the above amendments of this section effective as if they had been included in the Balanced Budget Act of 1997. Authorizes an increase in the Federal medical assistance percentage to reward a State for certain 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 and related symbols 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. Declares that any authority granted to the Secretary for regulation of any tobacco product as a drug or device is not intended to include the authority to make regulations applicable to persons who grow or cure raw tobacco. 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 (and the percentage of each ethnic group of such individuals) who identify each manufacturer's tobacco product as the usual product used. (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. (Sec. 304) Mandates 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 for Producers, Communities, and Other Persons - Requires each cigarette manufacturer to purchase a minimum quantity of Flue-cured tobacco and Burley tobacco grown in the United States as determined under specified provisions. Authorizes, for a failure to make the minimum purchases, a monetary penalty and a prohibition of further sales until the penalty is paid. Requires penalty deposit in the No Net Cost Tobacco Fund of, or the No Net Cost Tobacco Account for, the producer-owned cooperative marketing associations handling the domestic tobacco that is the subject of the shortage producing the collection. (Sec. 402) 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: (1) transition payments to tobacco quota holders and quota lessees to compensate for lost crop value resulting from reduced demand for tobacco; (2) economic development assistance to producing communities; (3) producer, factory worker, and warehousemen retraining; (4) producer scholarships; (5) tobacco crop insurance; and (6) administrative costs of the Secretary of Agriculture associated with a tobacco price support program. Makes those amounts available only if a law is enacted by January 1, 2000, specifically prescribing Fund authorized uses, but allows administration of a price support program if all administrative costs are paid from the Fund. 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, 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 claim 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 claim. Prohibits construing these provisions to limit: (1) an individual's right to start a civil claim for past, present, or future conduct by tobacco product manufacturers, distributors, or retailers; or (2) criminal prosecution of tobacco 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 fee payments required under any provision of this Act. Declares that it is the sense of the House of Representatives that: (1) the legal services in the class actions filed by the Castano Plaintiffs Legal Committee provided public benefits on which the programs in title IV of this Act are modeled; and (2) such programs do not constitute an exclusive remedy for claims based on addiction or dependence on tobacco products. 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 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 any 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. Title X: Tobacco Asbestos Trust - Establishes the Tobacco Asbestos Trust Fund consisting of amounts appropriated or credited to it under section 102. (Sec. 1002) Transfers to the Fund, without further appropriation, amounts from manufacturer assessments under this section. Authorizes appropriations to the Fund as repayable advances. Directs the Secretary of the Treasury to assess each tobacco manufacturer an amount sufficient to provide the Fund with specified amounts in certain years. (Sec. 1003) Divides the Fund into Fund I and Fund II. Requires that each Fund be established as Qualified Settlement Funds (as permitted by the Internal Revenue Code). Declares that Fund I represents some portion of the amount of smoking-caused harm paid by asbestos trusts and defendants in the past. Requires that Fund I payments be used to provide credits to asbestos trusts and asbestos defendants who settled and paid asbestos claims of persons who had exposure to tobacco, for the sole purpose of making payment to asbestos claimants by Fund I trustees. Declares that the purpose of Fund II is to pay asbestos tobacco claims brought after enactment of this Act for the tobacco-caused portion of the claimant's harm. (Sec. 1004) Declares that no tobacco company shall be liable: (1) in any civil suit for harm caused by exposure to tobacco or exposure to asbestos to any person who receives compensation from Fund II; or (2) to any asbestos trust or defendant who receives credits from Fund I on any claim arising from payments or obligations to asbestos claimants made or incurred before enactment of this Act.
United States · United States Congress · 17 March 1998
California Spotted Owl Interim Protection Act of 1998 - Directs the U.S. Forest Service: (1) within six months, to begin using the preferred alternative contained in the revised version of the draft environmental impact statement (EIS) prepared by the Service in 1996 for the California spotted owl as its interim management direction for the owl in the ten national forests in the Sierran Province of Region 5 of the Service; and (2) to use such preferred alternative, modified as required below, as its interim management direction until such time as a final EIS and record of decision are released. Directs the Service: (1) before implementation of the preferred alternative, to evaluate and modify the assessment regarding fire and fuels reduction contained in the revised draft EIS to address the concerns raised in the December 1997 final report of the panel of scientists that was appointed by the Secretary of Agriculture to review the revised draft EIS; (2) within 18 months, to complete a final EIS and record of decision; and (3) within 12 months, to issue a proposed final EIS for public comment and review. Specifies that: (1) nothing in this Act shall preclude the Service from developing a long-term conservation strategy for the Sierra Nevada Mountains; and (2) the Secretary shall submit to the Congress a report every six months describing the Service's progress toward completion of the final EIS within the specified time periods.
United States · United States Congress · 16 March 1998
Amends the Agricultural Market Transition Act to authorize a six-month extension of marketing assistance loans.
United States · United States Congress · 12 March 1998
Authorizes the Secretary of Agriculture to convey certain administrative sites and use the proceeds for the acquisition of office sites and the acquisition, construction, or improvement of offices and support buildings for the Coconino, Kaibab, Prescott, and Tonto National Forests, in Arizona.