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Bill· SS. 1912 (105th)referred
United States · United States Congress · 2 April 1998
Excludes from current limitations on the number of general or flag officers who may serve on active duty a general or flag officer who is on active duty under a call or order specifying a period of more than 179 days. Limits the total number of such officers to three percent of the total of all officers on active duty.
Bill· SS. 1921 (105th)referred
United States · United States Congress · 2 April 1998
TABLE OF CONTENTS: Title I: Individual's Rights Subtitle A: Review of Protected Health Information by Subjects of the Information Subtitle B: Establishment of Safeguards Title II: Restrictions on Use and Disclosure Title III: Sanctions Subtitle A: Criminal Provisions Subtitle B: Civil Sanctions Title IV: Miscellaneous Health Care Personal Information Nondisclosure Act of 1998 - Health Care PIN Act - Title I: Individual's Rights - Subtitle A: Access to Protected Health Information by Subjects of the Information - Requires specified parties to permit an individual who is the subject of protected health information to inspect, copy, and request amendment of the information (or, if amendment is refused, to append the individual's disagreement statement). (The list of specified parties varies from provision to provision throughout this Act. The list includes, in various provisions, such individuals and entities as health care providers, health plans, health researchers, health oversight agencies, public health authorities, employers, law enforcement officials, health or life insurers, schools, universities, and their agents.) Requires specified parties to post or provide notice of confidentiality practices. Mandates development of model notices. Subtitle B: Establishment of Safeguards - Requires specified parties to maintain safeguards to ensure the confidentiality, security, accuracy, and integrity of protected health information. Requires specified parties to maintain a disclosure record. Title II: Restrictions on Use and Disclosure - Prohibits specified parties from disclosing protected health information except as authorized under this title. Allows disclosure within such a party. (Sec. 202) Requires: (1) a single authorization form for each individual for disclosure in connection with treatment, payment, and health care operations; and (2) a separate authorization for other purposes, including for disclosure with intent to sell, transfer, or use protected health information for commercial advantage. Mandates disclosure to coroners and medical examiners. Requires development of model authorizations for circumstances other than treatment, payment and health care operations. (Sec. 204) Allows and regulates disclosure: (1) to next of kin (or another person identified by the information subject); (2) of directory information; (3) regarding a deceased individual; (4) in emergencies; (5) for oversight, public health, or health research; (6) in civil, judicial, and administrative procedures; and (7) for law enforcement. Sets forth the rights of minors. (Sec. 211) Mandates reporting, by code number rather than patient name, of adverse experiences regarding human drugs and licensed biological products. (Sec. 212) Allows disclosure, if an individual pays for health care using a debit or credit card or other electronic means, of only such information as is necessary for the processing of the payment transaction or the billing or collection of amounts. (Sec. 213) Mandates standards for disclosing, authorizing, and authenticating protected health information in electronic form. (Sec. 214) Regulates the exercise of an information subject's rights by that individual's representatives, including after death. (Sec. 215) Declares that: (1) Federal and State law enforcement officers shall not be personally liable for violations of this Act absent intentional conduct for commercial advantage, personal gain, or malicious harm; and (2) specified parties who make a disclosure permitted by this Act shall not be liable under common law. Title III: Sanctions - Subtitle A: Criminal Provisions - Amends the Federal criminal code to impose criminal penalties for knowingly and intentionally obtaining or disclosing protected health information in violation of title II of this Act. Mandates regulations and procedures to permit the debarment of specified parties from receiving benefits under any Federal health programs if the managers or officers of such parties are found guilty of criminal acts under this Act, have civil penalties imposed under subtitle B, or make false statements or obstruct justice regarding illegal disclosure. Authorizes the Attorney General to provide advice, technical assistance, and guidance to reduce improper disclosure. Subtitle B: Civil Sanctions - Imposes civil monetary penalties on specified parties if the Secretary of Health and Human Services determines a party has substantially and materially failed to comply with this Act. (Sec. 314) Allows any individual whose rights under this Act have been knowingly or negligently violated to bring a civil action to recover preliminary and equitable relief, compensatory (or specified liquidated) damages, punitive damages (for knowing violations), and attorney's fees. Sets a time limit for the commencement of actions. Title IV: Miscellaneous - Preempts, subject to exceptions, any State law directly relating to matters covered by this Act. Amends the Privacy Act of 1974 to require an agency that receives protected health information to promulgate rules to exempt a system of records within the agency from all but specified provisions of that Act. Provides for the application of this Act to the Departments of Defense, Transportation (regarding the Coast Guard), and Veterans Affairs. Mandates a report by the General Accounting Office on research issues regarding protected health information.
Bill· SS. 1917 (105th)referred
United States · United States Congress · 2 April 1998
Child Firearm Access Prevention Act - Amends the Federal criminal code to prescribe penalties in cases where a person keeps a loaded firearm or an unloaded firearm and ammunition to which a juvenile obtains access and causes death or injury, exhibits the firearm in a public place, or possesses the firearm in a school zone. Makes penalties inapplicable in cases where: (1) the person keeping the firearm uses a secure gun storage or safety device for the firearm; (2) the person is a peace officer or a member of the armed forces or National Guard and the juvenile obtains the firearm during, or incidental to, the performance of such person's official duties in that capacity; (3) the juvenile obtains or discharges the firearm in a lawful act of self-defense or defense of others; or (4) the person has no reasonable expectation that a juvenile is likely to be present on the premises where the firearm is kept. Directs the Secretary of the Treasury to ensure that a copy of the prohibition under this Act appears on the form required to be obtained by a licensed dealer from a prospective transferee of a firearm.
Bill· SS. 1915 (105th)referred
United States · United States Congress · 2 April 1998
Omnibus Mercury Emissions Reduction Act of 1998 - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations to establish standards for mercury and mercury compound emissions applicable to: (1) electric utility steam generating units; (2) coal- and oil-fired commercial and industrial boiler units that have a maximum design heat input capacity of ten mmBtu (millions of British thermal units) per hour or greater; (3) chlor-alkali plants that use the mercury cell production process; and (4) dust from Portland cement plants. Requires such units and plants to have permits no later than two years after this Act's enactment. Prescribes a minimum required emission reduction, such that a unit or plant reduce annual poundage of mercury emitted below its mercury emission baseline by at least 95 percent. Authorizes emission trading among electric utility or coal- and oil-fired units contained at a single site if the aggregate annual reduction from all units is at least 95 percent. Requires the Administrator to authorize methods of control of mercury emissions. Sets forth permit requirements, including requirements for monitoring and analysis, inspection, entry, compliance certification, and reporting. Establishes specific mercury emission baselines for classes of electric utility and coal- and oil-fired boiler units, including those in operation before January 1, 1995, and those beginning operation after this Act's enactment. Requires the regulations to ensure that mercury that is captured or recovered is disposed of in a manner that ensures that: (1) the mercury hazards are not transferred from one environmental medium to another; and (2) there is no release of mercury into the environment. Directs the Administrator to establish a program of long-term research to develop and disseminate information on methods such as separating, solidifying, recycling, and encapsulating mercury-bearing waste so that the mercury does not volatize, migrate to groundwater or surface water, or contaminate the soil. Requires the Administrator to make emission data for each unit and plant available annually to the public. (Sec. 5) Directs the Administrator to publish a list of mercury-containing items to be separated and removed from the waste steams that feed solid waste incineration units. Requires manufacturers of listed items to label items (or, in the case of button cell batteries, packages) to indicate that a product contains mercury. Directs the Administrator to promulgate regulations prescribing procedures for monitoring and analysis for mercury emissions from solid waste combustion flue gases and determining compliance with such requirements. Requires solid waste incineration units operating pursuant to permits issued under the Act to submit plans for: (1) separating and removing listed mercury-containing items from waste streams that feed such units; (2) transferring separated waste to a recycling facility or treatment, storage, or disposal facility permitted under Subtitle C of the Solid Waste Disposal Act; (3) monitoring and reporting on plan compliance; and (4) achieving full compliance with the plan within 18 months of plan approval. Directs the Administrator or a State to enforce plans for units without approved plans. Requires permits for solid waste incineration units to specify inspection, entry, monitoring, compliance certification, and reporting requirements. Directs the Administrator to make mercury emission data for each unit available annually to the public. (Sec. 8) Requires the Administrator to report to the Congress on the extent to which the annual poundage of mercury and mercury compound emissions from medical waste incinerators and hazardous waste combustors in the United States has been reduced below specific baselines. (Sec. 10) Directs the Secretary of Defense to report to the Congress on the use of mercury and mercury compounds by the Department of Defense. (Sec. 11) Requires the Administrator to report to the Congress on the sources and extent of mercury emissions in North America. (Sec. 12) Directs the Administrator to establish: (1) a program to characterize and quantify the potential mercury-related health effects on high-risk populations; and (2) a mercury public awareness and prevention program targeted at populations most at risk from exposure to mercury. Requires the Secretary of Health and Human Services and the Administrator to establish an advisory committee to report on the progress made by the Federal Government, State and local governments, industry, and other regulated entities in complying with the mercury-related amendments made by this Act. Directs the Administrator to submit to the Congress a report that characterizes mercury and mercury-compound sedimentation trends in Lake Champlain, the Chesapeake Bay, the Great Lakes, the finger lakes region of upstate New York, Tampa Bay, and other water bodies of concern. Requires the Administrator to evaluate: (1) data collected by EPA and each State concerning mercury contamination of fish; and (2) advisories to warn the public about the consumption of mercury-contaminated fish. Directs the Administrator to: (1) implement any changes necessary to improve the quality and ensure consistency from State to State of Federal and State data collection, reporting, characterization of mercury contamination, and thresholds above which advisories will be issued; and (2) make biennial reports available to the public concerning mercury levels in fish and any consumption advisories that have been issued.
Resolution· SRESS.Res. 209 (105th)passed
United States · United States Congress · 2 April 1998
Provides for specified estimated allocations of budget outlays and new budget authority for the Senate Committee on Appropriations for the nondefense, defense, violent crime reduction, and mandatory categories until a concurrent resolution on the budget for FY 1999 is agreed to by the Senate and the House of Representatives.
Bill· SS. 1903 (105th)referred
United States · United States Congress · 1 April 1998
Prohibits the President from transferring a veterans memorial object that was brought to the United States as a memorial of combat abroad to a foreign country or entity controlled by a foreign government, or to any person for ultimate transfer or conveyance to such a country or entity, unless specifically authorized by law.
Law· HRH.R. 3616 (105th)enacted
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Procurement Subtitle A: Authorization of Appropriations Subtitle B: Multi-Year Contract Authorizations Title II: Research, Development, Test, and Evaluation Subtitle A: Authorization of Appropriations Subtitle B: Other Matters Title III: Operation and Maintenance Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: Reserve Mobilization Income Insurance Fund Title V: Military Personnel Policy Subtitle A: Active Forces Subtitle B: Reserve Forces Title VI: Compensation and Other Personnel Benefits Subtitle A: Military Pay Subtitle B: Bonuses and Special and Incentive Pays Subtitle C: Other Matters Title VII: Acquisition Policy and Management Title VIII: Department of Defense Management Subtitle A: General Management Subtitle B: Department of Defense Personnel Management Title IX: General Provisions Subtitle A: Financial Matters Subtitle B: Miscellaneous Report Requirements and Repeals Subtitle C: Matters Relating to Terrorism Subtitle D: Matters Relating to Counter Drug Operations Subtitle E: Other Matters National Defense Authorization Act for Fiscal Year 1999 - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1999 to the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement. (Sec. 104) Authorizes appropriations for FY 1999 for: (1) defense-wide procurement; (2) the Defense Inspector General; (3) the Defense Health Program; and (4) the chemical demilitarization program. Subtitle B: Multi-Year Contract Authorizations - Authorizes the use of multiyear contracts by the Army and Navy for the procurement of certain vehicles, weapons, and aircraft. Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1999 for the armed forces for research, development, test, and evaluation, including activities of the Directors of Test and Evaluation and Operational Test and Evaluation. Subtitle B: Other Matters - Adds additional requirements for inclusion in the low-rate initial production of weapon systems. (Sec. 212) Extends through FY 2003 the authority of the Secretary of Defense (Secretary) to contract with commercial entities to conduct commercial test and evaluation activities at a major range and test facility installation. Title III: Operation and Maintenance - Authorizes appropriations for FY 1999 for operation and maintenance (O&M) for the armed forces and specified activities and agencies of the Department of Defense (DOD). (Sec. 302) Authorizes appropriations for FY 1999 for: (1) working capital and revolving funds; (2) the Armed Forces Retirement Home; and (3) the operation of Fisher houses, to be derived from the Fisher House Trust Fund. (Sec. 305) Authorizes the transfer of up to $150 million from the National Defense Stockpile Transaction Fund to specified O&M accounts. (Sec. 306) Authorizes the Secretary, using available amounts from the Department of Defense Base Closure Account 1990, to pay stipulated damages under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 assessed against McClellan Air Force Base, California. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Sets forth the authorized end strengths for active-duty forces as of the end of FY 1999. (Sec. 402) Repeals a requirement that such end strengths be sufficient to support two simultaneous major regional contingencies. (Sec. 403) Revises the due date of an annual manpower requirements report. (Sec. 404) Exempts from general and flag officer grade limits the position of Director, National Imagery and Mapping Agency. Makes permanent (currently ends October 1, 1998) the authority of the Chairman of the Joint Chiefs of Staff to designate up to 12 general and flag officers serving in joint duty positions for exclusion from such limits. Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 1999 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves. (Sec. 413) Sets forth the authorized end strengths as of the end of FY 1999 for Army and Air Force military technicians (dual status). (Sec. 414) Increases the number of officers and enlisted personnel authorized to serve on active duty in support of the reserves. (Sec. 415) Excludes from active-duty end strength limitations certain reserve personnel on active duty for 181 days or more in support of peacetime requirements of the military services and combatant commands. Subtitle C: Reserve Mobilization Income Insurance Fund - Authorizes appropriations for the Reserve Mobilization Income Insurance fund. Title V: Military Personnel Policy - Subtitle A: Active Forces - Authorizes the Secretary to determine the composition of selective early retirement boards convened for determining retirement status with respect to Naval Reserve rear admirals or Marine Corps Reserve major generals. (Sec. 503) Provides active status service requirements, for promotion consideration purposes, for Army and Air Force Reserve brigadier generals. (Sec. 504) Authorizes the posthumous appointment of officer commissions and warrants, making the date of appointment the date of death. (Sec. 505) Excludes regular chief warrant officers in the W-4 grade from provisions requiring involuntary retirement due to non-selection for promotion. (Sec. 506) Adds required procedures for the selection of judge advocate generals and assistant or deputy judge advocate generals of the military departments. (Sec. 507) Establishes a three-year term of office for the Chief of the Air Force Nurse Corps. (Sec. 508) Provides time-in-grade requirements for reserve general and flag officers who are involuntarily transferred from an active status. (Sec. 509) Eliminates the requirement for a board of review after a board of inquiry determination relating to an officer's substandard performance of duty or certain other findings. (Sec. 510) Authorizes retired and former officers to be considered for promotion by special promotion selection boards. Subtitle B: Reserve Forces - Authorizes the Secretary of the military department concerned to order members under his jurisdiction to perform functions in support of the defense agencies and either the active or reserve components. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Military Pay - Waives any FY 1999 military pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases the rate of basic pay of members of the uniformed services by 3.1 percent, effective January 1, 1999. Subtitle B: Bonuses and Special and Incentive Pays - Extends through FY 2001 certain bonuses and special pay for specially skilled military personnel, including nuclear-qualified personnel. (Sec. 612) Extends through FY 2000 certain bonuses and special pay authorities for reserve personnel. (Sec. 613) Extends through FY 2001 the special pay authority for nurse anesthetists. (Sec. 614) Provides reenlistment bonus eligibility for reserve personnel who perform active National Guard and Selected Reserve duty. (Sec. 615) Increases from $4,000 to $6,000 the maximum bonus for Army enlistment. Subtitle C: Other Matters - Authorizes the Secretary, or the Secretary of Transportation with respect to the Coast Guard when it is not operating under the Navy, to provide a transportation allowance for rest and recuperation travel during a period in which personnel perform at a duty station within a contingency operation, or in other appropriate circumstances as determined by such Secretary. Provides allowance limits. (Sec. 622) Deletes the Panama Canal Zone from inclusion within the definition of a U.S. possession. (Sec. 623) Allows for the storage of unaccompanied baggage of military dependent students. (Sec. 625) Provides for the restoration of annual leave lost due to the closure of an installation in the Republic of Panama in accordance with the Panama Canal Treaty of 1977. Extends through December 31, 2003, the period during which annual leave lost due to the closure of a military installation under a base closure law will be restored. (Sec. 627) Authorizes the Superintendent of a U.S. military academy to order a cadet or midshipman to be placed on involuntary leave without pay: (1) after a suspension pending separation; (2) to repeat an academic semester or year; or (3) for other good cause. (Sec. 628) Repeals the requirement that no more than ten percent of reenlistment bonuses paid during a fiscal year exceed $20,000. (Sec. 629) Amends the Defense Dependents' Education Act of 1978 to authorize the Secretary, and the Secretary of Transportation with respect to the Coast Guard in appropriate circumstances, to provide an educational allowance to the sponsors of military dependent students in overseas areas in which DOD has not established defense dependents' schools. (Sec. 630) Amends the Civilian Health Medical Program of the the Uniformed Services (CHAMPUS) concerning the defense plan for military dependents to: (1) revise the premium amount; and (2) authorize the integration of a basic dental benefit plan into the TRICARE Program (a DOD managed care program). (Sec. 631) Provides for the recovery, care, and disposition of remains of military personnel who die while hospitalized after having been retired by reason of medical disability for an injury, illness, or disease incurred while on active duty, as long as the hospitalization has been continuous since such retirement. (Sec. 632) Revises the voluntary separation incentive program to ensure continued eligibility for members who involuntarily lose membership in a reserve component due to age, years of service, failure of promotion, or medical disqualification. (Sec. 633) Revises the defense domestic dependent elementary and secondary school program to: (1) allow dependents of Federal employees not residing on a military installation to be enrolled in a school program for more than five consecutive school years, at the discretion of the Secretary, where the dependent is qualified, space is available, and the Secretary will be reimbursed for educational services provided. Authorizes the enrollment in such school of the dependent of military personnel assigned to a remote or unaccompanied assignment when such dependent is residing in a U.S. territory, commonwealth, or possession. (Sec. 634) Extends until October 1, 2003: (1) the period during which the Secretary concerned may reduce the required term of active service before qualification for retirement for regular or reserve commissioned officers; (2) the period of exemption from required retirement for certain limited duty Navy commanders and captains; and (3) the exemption from mandatory retirement for failure of promotion for certain Navy and Marine Corps officers designated for limited duty. Title VII: Acquisition Policy and Management - Limits the authority of the head of a defense procuring activity to delegate the approval of the use of noncompetitive procedures in the procurement process. Amends the Federal Property and Administrative Services Act of 1949 to set similar limits with respect to the head of a Federal procuring activity. (Sec. 702) Repeals a provision stating that a defense contractor or subcontractor who is granted a waiver from procurement cost or pricing data requirements shall be considered to have met such requirements for purposes of tiered contracts (contracts having one or more contractors and subcontractors). Makes a similar repeal under the Federal Property and Administrative Services Act of 1949 with respect to nondefense contractors or subcontractors. (Sec. 704) Repeals a provision requiring equal allocation of procurement technical assistance program funding among Defense Contract Administrative Services regions. (Sec. 705) Amends the Defense Acquisition Improvement Act of 1986 to repeal the requirement of certain Defense Inspector General oversight of undefinitized contractual actions. (Sec. 706) Amends the Contracts Disputes Act of 1978 to specify the date for the Government payment of interest on contractor cost claims. (Sec. 707) Requires personnel to be assigned to the following positions for no fewer than three years: (1) program manager or deputy manager for a significant nonmajor defense acquisition program; (2) program executive officer; (3) general or flag officer or equivalent position; or (4) senior contracting official. (Currently, such requirement extends only to critical acquisition positions.) (Sec. 708) Makes eligible for the defense acquisition corps certain personnel who served as a GS-13 or above but were downgraded below such level due to a reduction in force, a base closure, or reason other than for cause. (Sec. 709) Amends the Federal Acquisition Streamlining Act with respect to a test program within the Office of Federal Procurement Policy of alternative and innovative procurement procedures to: (1) remove the requirement that no more than one such test be conducted in any single procuring agency; (2) allow two (currently, one) contracts awarded for such tests to exceed $5 million; (3) reduce from 270 to 120 days before the conduct of a test the date by which a detailed test plan is required to be submitted to specified congressional committees; and (4) extend until January 1, 2003, the termination of the test program. (Sec. 710) Amends the National Defense Authorization Act for Fiscal Year 1991 to: (1) remove the word "Pilot" from the Mentor-Protege Pilot Program; (2) authorize DOD to conduct an initiative that would allow DOD to participate in the mentoring of women-owned small business proteges; and (3) expand the definition of a disadvantaged small business concern for purposes of such Program. (Sec. 711) Authorizes holding General Accounting Office protest proceedings in abeyance when the agency involved has agreed to suspend contract award or performance pending completion of any agency protest procedure and any subsequent protest timely filed before the Comptroller General. (Sec. 712) Amends the Department of Defense Appropriations Act, 1993 to revise restrictions on DOD procurement from foreign sources of cotton, silk, wool and other natural fibers and specified derivative products. Title VIII: Department of Defense Management - Subtitle A: General Management - Increases from $5 million to $10 million the authorized annual DOD expenditures for the humanitarian clearance of landmines. Prohibits more than ten percent of such funds from being used to pay reserve personnel performing duty in connection with landmine clearing training and related activities. (Sec. 802) Authorizes the Secretary to impose a surcharge for dishonored checks issued to the Defense Commissary Agency and to deposit collected amounts in the commissary trust revolving fund for payment of costs incurred in collecting on such checks. Provides authorized means of collection, including military pay or entitlements deductions, Federal withholdings, or the use of private collection agencies. (Sec. 803) Amends the Armed Forces Retirement Home Act of 1991 to revise generally the retirement home inspection requirements of the DOD Inspector General. (Sec. 804) Amends the National Security Act of 1947 to exempt operational files of the National Imagery and Mapping Agency (NIMA) from certain public search, review, publication, and disclosure requirements of the Freedom of Information Act. Provides for: (1) exceptions; and (2) judicial review of contested cases of withheld records. Requires the Directors of NIMA and Central Intelligence, at least every ten years, to review exempted records to determine whether they may be removed from exemption. Provides for judicial enforcement of such review requirement. (Sec. 805) Authorizes the Secretary to withhold from public disclosure any geodetic product that the Secretary has determined would, if disclosed, interfere or unfairly compete with an emerging or existing commercial industry or market operation. (Sec. 806) Repeals a provision of the National Defense Authorization Act for Fiscal Year 1998 which requires certain prior approval procedures with respect to the export of high performance computers. (Sec. 807) Amends the National Defense Authorization Act for Fiscal Year 1991 to repeal a provision concerning the authority to waive certain requirements prior to the transfer of the tactical airlift mission to the reserve components. (Sec. 808) Requires funds received from the Federal Republic of Germany representing its share of the costs of the George C. Marshall European Center for Security Studies to be used for Center costs. Authorizes the Secretary to waive reimbursement of certain Center costs for military officers and civilian officials of cooperation partner states of the North Atlantic Cooperation Council or the Partnership for Peace when determined to be in the national security interest. Provides a similar waiver with respect to the Asia Pacific Center for Security Studies for military officers and civilian officials of the Asia Pacific Region. Subtitle B: Department of Defense Personnel Management - Authorizes the Secretary to commence a demonstration project of proposals for improving the personnel management policies or procedures for the Defense Commissary Agency. Provides project terms and conditions, limiting the project's scope to the Agency's workforce. Provides project conditions with respect to employees covered by a collective bargaining agreement. (Sec. 812) Eliminates an employment preference program for the hiring of military spouses as DOD child care employees. (Sec. 813) Preserves certain civil rights protection for former Defense Mapping Agency employees who continue such employment with NIMA. (Sec. 815) Authorizes (currently requires) the Secretary to establish a program for U.S. scientists, engineers, and managers to learn Japanese language and culture. (Sec. 816) Authorizes the Secretary, for five years, to appoint scientific and engineering personnel to conduct experimental research and development through the Defense Advanced Research Projects Agency. Directs the Secretary to report annually to the defense committees on the use of such authority. Title IX: General Provisions - Subtitle A: Financial Matters - Repeals the requirement for a: (1) separate budget request for the procurement of reserve equipment; and (2) two-year DOD budget cycle. (Sec. 903) Amends the Department of Defense Authorization Act, 1986 to require the Director of the Federal Emergency Management Agency (FEMA) to administer a program to provide off-post emergency preparedness to protect the public in the vicinity of installations where lethal chemical agents and munitions are stored. Authorizes the Director to establish an incentive program to encourage States and local governments to achieve early, efficient, and cost-effective preparedness. Requires the Director to report annually to the Congress on program activities. Requires program funds to be set out in a separate defense-related FEMA account. (Sec. 904) Authorizes the Secretary to transfer funds from specified defense accounts for combating terrorism or for force protection. (Sec. 905) Authorizes the Secretary to transfer funds between DOD investment appropriations within acquisition category I and II programs or clearly defined groups of associated acquisition programs, with transfer limits of $500 million per year and $20 million per program. (Sec. 906) Requires annual amounts requested for activities of the Ballistic Missile Defense Organization to be set forth in accordance with specified program elements. Requires amounts requested for Theater and National Missile Defense major defense acquisition programs to be specified in individual dedicated program elements, and to be available only for Ballistic Missile Defense activities. Requires management and support requests to be included within the program elements. (Sec. 907) Authorizes the Secretary, after 30 days' prior notification to the appropriate congressional committees, to transfer funds from DOD O&M accounts to military personnel accounts, to be used for military family housing privatization projects. (Sec. 909) Authorizes the Secretary to pay licensing or other fees to foreign countries or international organizations in connection with the sale there of maps, charts, and navigational books. (Sec. 910) Authorizes the Secretary concerned to charge and retain fees for providing historical information to public requesters from the United States Army or Air Force Military History Institute or the Naval or Marine Corps Historical Center. Subtitle B: Miscellaneous Report Requirements and Repeals - Repeals a report: (1) concerning a NATO conventional defense assessment of allied performance, NATO conventional defense capabilities, and allied burdensharing; (2) relating to the joint training of special operations forces with friendly foreign forces; (3) on the Defense Business Operations Fund; (4) on the Defense Contract Audit Agency's authority to subpoena records of defense contractors; (5) on the use of funds from the lease of non-excess DOD property; (6) concerning the alternative utilization of military facilities; and (7) concerning a proposed contract for the sale of Gregg Circle Area, Fort Jackson, South Carolina. (Sec. 918) Requires the report on demonstration projects relating to the military health care delivery system to be submitted annually (currently, semiannually). (Sec. 922) Provides an exception from the requirement for a report from the Secretary concerned to the defense committees before entering into certain real property transactions with respect to any such transaction made in connection with a declaration of war, national emergency, or major disaster, a riot, or a contingency operation. Requires such a report within 30 days after entering into such a transaction. (Sec. 923) Repeals certain notification requirements with respect to DOD Inspector General investigations. (Sec. 924) Amends the Department of Defense Appropriations Act, 1989 to repeal the reporting of certain elements of DOD overseas basing costs. (Sec. 925) Directs the Secretary concerned to notify the appropriate congressional committees in the case of architectural and engineering services and construction design for which the estimated costs exceed $500,000 (currently $300,000). Subtitle C: Matters Relating to Terrorism - Authorizes the Chairman of the Joint Chiefs of Staff (currently, only the Secretaries of Defense and the military departments) to purchase right-hand drive motor vehicles for use in a foreign country. Authorizes each such official to purchase nontactical armored passenger vehicles under emergency situations for combating terrorism and for military force protection support. (Sec. 932) Authorizes the Secretary to make DOD personnel available to operate equipment with respect to a foreign or domestic counterterrorism operation or a rendition of a suspected terrorist from a foreign country to the United States for trial. Subtitle D: Matters Relating to Counter Drug Operations - Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 2004 DOD's authority to provide support to other Federal agencies and law enforcement officials for counter-drug activities. Authorizes the Secretary to conduct domestic outreach programs to reduce the demand for illegal drugs among youths. (Sec. 942) Amends the National Defense Authorization Act for Fiscal Year 1997 to: (1) authorize DOD to provide counter-drug support for specified Caribbean countries; (2) extend through FY 2004 the authority to provide such support; and (3) increase the amount authorized for such purpose. Subtitle E: Other Matters - Redefines "financial institution" for purposes of Federal Government reimbursement of charges incurred by military personnel or Federal employees because of Government error in the direct deposit of pay. (Sec. 952) Amends the Supplemental Appropriations Act, 1987 to authorize drug test results of civil service mariners of the Military Sealift Command to be released to the Coast Guard to the same extent that similar submissions are required from commercial vessel operators. (Sec. 953) Provides for the disposition of amounts collected through military claims services from third parties for loss or damage to personal property shipped or stored at Government expense. (Sec. 954) Allows polychlorinated biphenyls located outside of U.S. customs territory but in U.S. possession and control to be imported for disposal within U.S. customs territory. (Sec. 955) Authorizes the Secretary of the Army to lease up to 500 units in Italy and 800 units in Korea, subject to the maximum lease amount, for military family housing purposes. (Sec. 956) Authorizes the Secretary to conduct a pilot program under which the Secretary's agent would be exempt from providing a copy of notice or service as currently required when providing notice and taking action to enforce obligations for child support and alimony payments among military personnel under provisions of the Social Security Act. Requires a report describing the program from the Secretary to the Speaker of the House and the President of the Senate. Terminates the program at the end of FY 2000. (Sec. 957) Authorizes the Secretary of the Navy to enter into the long-term charter of three specified vessels in support of Navy submarine rescue, escort, and towing.
Bill· HRH.R. 3661 (105th)open
United States · United States Congress · 1 April 1998
Persian Gulf War Veterans' Health and Medical Research Act of 1998 - Requires the Director of the National Institutes of Health to establish and manage research activities within the Departments of Defense (DOD) and Veterans Affairs (VA) to ensure that a greater priority is given to research on: (1) effective treatment for ill Persian Gulf War veterans; and (2) exposure to all potentially hazardous substances and diseases encountered by military personnel mobilized or deployed in support of combat operations under the United States Central and Eastern European Commands during the period beginning on August 2, 1990, and ending on December 31, 1991, including chemical and biological warfare agents, pyridostigmine bromide, vaccinations, and any other manmade or naturally occurring toxic substances or diseases to which such veterans were exposed. Provides a research timetable. Requires the identification of all substances to which such veterans may have been exposed and all illnesses that such veterans are experiencing. Requires the Director to compile a list of chronic illnesses for which valid models of successful treatment are provided. Requires an interagency agreement between the Secretaries of Defense, Veterans Affairs, and Health and Human Services for the completion of requirements under this section. (Sec. 3) Requires the Director to establish a single comprehensive database and monitoring system for the collection, storage, and analysis of medical research data covering all Gulf War veterans in order to monitor their status and clinical progress. Requires such information to be available to the public. Authorizes appropriations. Requires the Director to submit a database development plan to the House and Senate Committees on Veterans' Affairs, the Senate Committee on Armed Services, the House Committee on National Security (designated committees), the Comptroller General, and Gulf War veterans' representatives. Requires the database to become operational within six months after enactment of this Act. Requires the Director to compile and analyze on an ongoing basis all database data likely to be scientifically useful in determining the association, if any, between the illnesses suffered by Gulf War veterans and their exposure to biological, chemical, or toxic agents, pyridostigmine bromide, vaccines, or other potentially hazardous substances. Requires an annual report from the Director to the designated committees. (Sec. 4) Requires a joint semiannual report from the Secretaries of Defense and Veterans Affairs to the designated committees on their research progress concerning the health of such veterans and the health status of veterans being tracked in the database. (Sec. 5) Directs the Comptroller General to carry out annual assessments of the research-related activities of the Director and the Secretaries of Defense and Veterans Affairs, requiring appropriate recommendations and reports to the designated committees. (Sec. 6) Requires the Director to review the research and database findings in order to provide new treatment protocols for individual and multiple toxic exposures. Requires a training program for DOD and VA physicians to implement such protocols. (Sec. 7) Requires the Director to carry out an outreach program to provide Gulf War veterans with information concerning the health risks of such service and available treatments. Requires the establishment of an ombudsman program to facilitate addressing complaints of such veterans regarding treatment for such health risks. Authorizes appropriations. Requires release to the public of all research findings and treatment protocols developed under this Act.
Bill· HRH.R. 3668 (105th)referred
United States · United States Congress · 1 April 1998
Provides for the issuance of burial flags for deceased members or former members of the Selected Reserve who: (1) completed at least one enlistment or period of initial obligated service; (2) were discharged before such completion for a disability incurred or aggravated in the line of duty; or (3) died while a member of such Reserve. Prohibits a flag from being furnished for any person whose last discharge was under less than honorable conditions.
Bill· HRH.R. 3683 (105th)referred
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Personal Retirement Program Title II: Tax-Exempt S.A.F.E. Accounts Title III: Conforming Amendments to the Social Security Act and the Internal Revenue Code of 1986 Savings Account for Every American Act of 1998 - Title I: Personal Retirement Program - Requires each covered employer to: (1) have in effect throughout each calendar year a S.A.F.E. account payroll deduction program for eligible employees; (2) deduct from the wages of each eligible employee and pay the prescribed employee contribution (6.2 percent of wages) on the employee's behalf to the employee's designated S.A.F.E. account; and (3) after the employee has maintained a S.A.F.E. account for 15 calendar years, pay into it the prescribed employer contribution (6.2 percent of wages). Prohibits the employer from receiving compensation for administering the S.A.F.E. account program. Allows amounts otherwise payable to be accumulated by the employer in certain cases. (Sec. 103) Sets forth guidelines for the designation of S.A.F.E accounts. (Sec. 104) Provides rules for the participation of self-employed individuals in the program (including contributions of 12.4 percent of wages). (Sec. 105) Allows any individual who has been assigned a social security account number, and has been paid wages or has derived self-employment income, to elect to be eligible for the S.A.F.E. account program on or after January 1, 1999. Makes an election ineffective if the individual is entitled to an old age or a disability insurance benefit under title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act. (Sec. 106) Sets forth penalties for failure to establish S.A.F.E. account payroll deduction programs, failure to make required deductions, and other specified program violations. (Sec. 107) Directs the Office of Personnel Management to study and report to the President and the Congress on how to provide for the application of this Act to Federal civilian and military personnel. Title II: Tax-Exempt S.A.F.E. Accounts - Amends the Internal Revenue Code to allow an individual taxpayer a deduction from gross income of the aggregate amount paid in cash during the taxable year by or on behalf of such individual to a S.A.F.E. account. (Sec. 201) Includes any amount distributed out of a S.A.F.E. account in the gross income of the distributee, unless: (1) the account beneficiary has attained age 59-and-a-half; (2) the account beneficiary has died; or (3) the distribution has paid for any qualified long-term health insurance contract, disability insurance, or term life insurance. Makes exceptions for certain other distributions as well. Subjects to an additional tax of 20 percent any account distribution which must be included in gross income. Exempts a S.A.F.E. account from income taxation unless it has terminated according to certain rules. Subjects excess contributions to S.A.F.E. accounts to the same excise tax for excess contributions to individual retirement accounts. Subjects S.A.F.E. accounts also to the excise tax for prohibited transactions. Title III: Conforming Amendments to the Social Security Act and the Internal Revenue Code of 1986 - Makes conforming amendments to the Internal Revenue Code and the Social Security Act, especially with regard to: (1) reductions in and exemptions from FICA (Federal Insurance Contributions Act), OASDI, and self-employment income taxes; (2) exclusion of eligible individuals from Old Age, Survivors and Disability Insurance coverage; and (3) the contents of mandatory annual social security account statements.
Bill· HRH.R. 3685 (105th)referred
United States · United States Congress · 1 April 1998
Prohibits the amount authorized to be appropriated for national defense functions for FY 1999 from exceeding the amount so authorized for FY 1998 ($268,301,837,000).
Bill· HRH.R. 3619 (105th)referred
United States · United States Congress · 1 April 1998
Disabled Veterans Special Housing Improvements Act of 1998 - Increases from $38,000 to $48,070 the maximum amount of authorized assistance from the Secretary of Veterans Affairs to permanently and totally disabled veterans for the purchase of specially adapted housing. Directs the Secretary to adjust such amounts annually for inflation, beginning in FY 1999.
Bill· HRH.R. 3653 (105th)referred
United States · United States Congress · 1 April 1998
Veterans Burial Rights Act of 1998 - Directs the Secretary of each military department to: (1) provide honor guard details at a veteran's funeral only upon request; and (2) ensure that such details consist of not less than five military personnel (one of whom shall be a bugler for the playing of "Taps"). Prohibits the performance of honor guard functions by a member of the Reserve from being considered a period of drill or training otherwise required. Repeals a Federal limitation on the availability of funds for National Guard honor guard functions. Requires the Secretary of Defense to submit to the Congress the directives prescribed by the Secretaries of the military departments to carry out this section.
Bill· HRH.R. 3631 (105th)referred
United States · United States Congress · 1 April 1998
Requires the Secretary of the Navy to study and report to the Congress on ordnance and munitions waste in the San Diego Bay.
Bill· HRH.R. 3618 (105th)referred
United States · United States Congress · 1 April 1998
Disabled Veterans Automobile Allowance Improvement Act of 1998 - Increases from $5,500 to $6,837 the maximum amount of authorized assistance from the Secretary of Veterans Affairs to certain disabled veterans for the purchase of an automobile and adaptive equipment necessary for its operation. Directs the Secretary to adjust such amount annually for inflation, beginning in FY 1999.
Bill· HRH.R. 3645 (105th)referred
United States · United States Congress · 1 April 1998
Prohibits the President from transferring a veterans memorial object that was brought to the United States as a memorial of combat abroad to a foreign country or entity controlled by a foreign government, or to any person for ultimate transfer or conveyance to such a country or entity, unless specifically authorized by law.
Bill· HRH.R. 3608 (105th)referred
United States · United States Congress · 31 March 1998
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to make certain employees of the Federal Emergency Management Agency, their State and local counterparts, and State and local employees of civil defense agencies eligible for public safety officers' death benefits.
Bill· HRH.R. 3603 (105th)open
United States · United States Congress · 31 March 1998
Authorizes the Secretary of Veterans Affairs to carry out major medical facility projects in specified amounts at Department of Veterans Affairs medical centers or outpatient clinics at the following locations: (1) Long Beach, California; (2) San Juan, Puerto Rico; (3) Washington, D.C.; (4) Palo Alto, California; (5) Cleveland, Ohio; (6) Tucson, Arizona; (7) Dallas, Texas; and (8) Auburn and Merced, California. Authorizes the Secretary to construct a parking structure at the Department Medical Center in Denver, Colorado. Authorizes the Secretary to enter into leases for satellite outpatient clinics in Baton Rouge, Louisiana, Daytona Beach, Florida, and Oakland Park, Florida. Authorizes appropriations to the Secretary for FY 1999 for the Construction, Major Projects, account, and for the Medical Care account, with limitations. Increases from $3 million to $4 million the threshold for a Department parking facility project to be considered a major medical facility project.
Bill· HRH.R. 3613 (105th)referred
United States · United States Congress · 31 March 1998
Military Health Care Fairness Act - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to allow certain eligible covered beneficiaries to enroll in any health benefits plan under the Federal Employee Health Benefits Program (FEHB) offering medical care comparable to that offered under CHAMPUS. Includes as an eligible beneficiary a military retiree (with an exception) or dependent who: (1) is not guaranteed access under TRICARE (a Department of Defense (DOD) managed care program) to health care comparable to health care provided under the FEHB; (2) is eligible to enroll in the TRICARE Program but is not so enrolled because of location, total enrollment limitations, or any other reason; or (3) is entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act. Limits eligible beneficiaries during the first two years of enrollment to military retirees who are: (1) 65 years of age or older; or (2) retired or separated due to physical disability. States that any eligible beneficiary shall not be required to satisfy any FEHB eligibility criteria as a condition for enrollment. Provides for: (1) an enrollment period and a three-year minimum enrollment term; (2) authorized treatment in a military medical treatment facility; (3) enrollment contributions; (4) participation management by the Director of the Office of Personnel Management (OPM); and (5) annual reports from the Secretary of Defense and the OPM Director concerning the provision of such care. Directs the Secretary, within four years after the date of enactment of the National Defense Authorization Act for Fiscal Year 1999, to report to the Congress on whether such health care option should be made permanent and on the estimated costs of such option. Directs the Secretary to: (1) begin to offer such option no later than six months after enactment of this Act; and (2) continue to offer such option through 2003, and to provide care to eligible beneficiaries through 2005. Provides program funding for FY 1999 through 2005 from amounts authorized for appropriation to DOD for military personnel.
Bill· SS. 1873 (105th)open
United States · United States Congress · 27 March 1998
American Missile Protection Act of 1998 - States as U.S. policy to deploy as soon as technologically possible an effective National Missile Defense system capable of defending U.S. territory against limited ballistic missile attack (whether accidental, unauthorized, or deliberate).
Law· HRH.R. 3579 (105th)enacted
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.
Bill· HRH.R. 3571 (105th)referred
United States · United States Congress · 27 March 1998
Persian Gulf Veterans Health Care Extension Act of 1998 - Extends through December 31, 2001, the authority of the Secretary of Veterans Affairs to provide priority health care to Persian Gulf War veterans.
Bill· HRH.R. 3580 (105th)open
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.
Bill· SS. 1868 (105th)open
United States · United States Congress · 26 March 1998
TABLE OF CONTENTS: Title I: Department of State Activities Title II: Commission on International Religious Persecution Title II: National Security Council Title IV: Sanctions Subtitle I: Targeted Responses to Religious Persecution Abroad Subtitle II: Strengthening Existing Law Title V: Promotion of Religious Freedom Title VI: Refugee, Asylum, and Consular Matters Title VII: Miscellaneous Provisions International Religious Freedom Act of 1998 - Declares it to be U.S. policy to: (1) condemn religious persecution, and to promote, and to assist other governments in the promotion of, the fundamental right to religious freedom; and (2) seek to channel U.S. security and development assistance to governments that are found not to be engaged in gross violations of human rights, including the right to religious freedom. Title I: Department of State Activities - Establishes within the Department of State an Office on International Religious Freedom which shall be headed by an Ambassador at Large on International Religious Freedom. (Sec. 102) Directs the Ambassador at Large to assist the Secretary of State in preparing those portions of the Human Rights Reports that relate to freedom of religion and religious discrimination, and to submit to the appropriate congressional committees, in conjunction with the Human Rights Reports, an Annual Report on Religious Persecution: (1) identifying foreign countries that engage in or tolerate acts of religious persecution; and (2) describing U.S. policies in support of religious freedom in such countries. (Sec. 103) Requires the Ambassador at Large, in order to facilitate access by nongovernmental organizations (NGOs) and the public around the world to international documents on the protection of religious freedom, to establish an Internet site containing major international documents relating to religious freedom, the Annual Report on Religious Persecution, and any other relevant documentation or references to other sites. (Sec. 104) Amends the Foreign Service Act of 1980 to direct the Secretary and the Ambassador at Large to establish as part of the standard training for Foreign Service officers, including chiefs of mission, instruction in the field of internationally-recognized human rights. (Sec. 105) Directs U.S. chiefs of mission to seek out and meet with religious NGOs, including imprisoned religious leaders where appropriate. (Sec. 106) Expresses the sense of the Congress that: (1) U.S. diplomatic missions in countries where the government engages in or tolerates religious persecution should develop, as part of annual program planning, a strategy to promote freedom of religion; and (2) in allocating funds or recommending candidates for U.S. programs and grants, U.S. missions should give particular consideration to those programs and candidates deemed to assist in the promotion of the right to religious freedom. (Sec. 107) Directs the Secretary to permit, on terms no less favorable than that accorded other nongovernmental activities, access to the premises of U.S. diplomatic missions by U.S. citizens seeking to conduct religious activities. (Sec. 108) Expresses the sense of the Congress that, in order to encourage involvement with religious persecution concerns at every possible opportunity and by all appropriate U.S. Government representatives, officials of the executive branch should promote increased advocacy with respect to the preparation of issue briefs consisting of lists of persons believed to be imprisoned for their religious faith during meetings between executive branch and congressional leaders and foreign dignitaries. Title II: Commission on International Religious Persecution - Establishes the United States Commission on International Religious Persecution. (Sec. 202) Makes the Commission's primary responsibility to: (1) consider the facts and circumstances of religious persecution presented in the Annual Report on Religious Persecution, as well as information from other appropriate sources; and (2) make appropriate policy recommendations to the President, the Secretary, and the Congress. Title III: National Security Council - Amends the National Security Act of 1947 to express the sense of the Congress that there should be within the staff of the National Security Council a Special Adviser to the President on Religious Persecution, serving as a resource for executive branch officials, compiling information on the facts and circumstances of religious persecution and violations of religious freedom, and making policy recommendations. Title IV: Sanctions - Subtitle I: Targeted Responses to Religious Persecution Abroad - Directs the President, for each foreign country in which the government engages in or tolerates religious persecution, to oppose that persecution by certain measures and promote the right to freedom of religion in that country. Prescribes a procedure for determining, before the President imposes any sanctions or commensurate actions, whether a foreign government has engaged in a consistent pattern of gross violations of the right to religious freedom. (Sec. 403) Directs the President to: (1) consult with the violating foreign government prior to imposing such sanctions; and (2) report to the Congress. (Sec. 405) Specifies among the measures and sanctions the President may take: (1) public condemnation; (2) cancellation of scientific and cultural exchanges; (3) withdrawal, limitation, or suspension of U.S. development assistance and U.S. security assistance; (4) withdrawal, limitation, or suspension of certain preferential tariff treatment; (5) instruction of U.S. executive directors of international financial institutions to vote against loans primarily benefiting the foreign government responsible for such persecution; (6) restrictions on the issuance of licenses to export any goods or technology to such foreign government; (7) prohibition against the making, guaranteeing, or insuring of loans, or extension of credit by certain U.S. financial institutions to the violating government; and (8) prohibition of U.S. Government procurement of goods or services from such government. Provides for commensurate actions in substitution for any of such measures and sanctions. Declares that any such action may not: (1) prohibit or restrict the provision of humanitarian assistance; or (2) impede any U.S. Government action to enforce the right to maintain intellectual property rights. (Sec. 407) Authorizes the President to waive the requirements of this Act if certain conditions are met. (Sec. 409) Provides for congressional review of any sanctions imposed, or the waiver of any requirements, under this Act. Subtitle II: Strengthening Existing Law - Amends the Foreign Assistance Act of 1961 and the International Financial Institutions Act to add as a factor for consideration in formulating U.S. development assistance, military assistance, and multilateral assistance programs whether the government of a foreign country has: (1) engaged in gross violations of the right to freedom of religion; or (2) failed to undertake serious and sustained efforts to combat gross violations of the right to freedom of religion, when such efforts could have been reasonably undertaken. (Sec. 423) Requires the inclusion on the list of crime control and detection instruments or equipment controlled for export or reexport under the Export Administration Act of 1979 (and so subject to mandatory licensing) items the Secretary of State has determined are being used or are intended for use directly and in significant measure to carry out gross violations of the right to freedom of religion. Declares that the prohibition on the issuance of a license for export of crime control and detection instruments or equipment under the Foreign Assistance Act of 1961 shall apply to the export or reexport of such items. Title V: Promotion of Religious Freedom - Amends the Foreign Assistance Act of 1961 to authorize the use of development assistance funds to carry out programs and activities in foreign countries which will encourage and promote the right to free religious belief and practice. (Sec. 502) Amends the International Broadcasting Act of 1994 and the Mutual Educational and Cultural Exchange Act of 1961 with respect to promoting respect for freedom of religion. (Sec. 504) Amends the Foreign Service Act of 1980 to state that service in the promotion of internationally recognized human rights, including the right to religious freedom, shall serve as a basis for the award of performance pay and Foreign Service awards to Foreign Service employees. Title VI: Refugee, Asylum, and Consular Matters - Requires the Annual Report on Religious Persecution to serve as a resource for immigration judges and consular, refugee, and asylum officers in cases involving claims of persecution on the grounds of religion. (Sec. 602) Directs the Attorney General to provide all U.S. officials adjudicating refugee cases with the same training provided to officers adjudicating asylum cases, including training on the right to religious freedom and religious persecution. Requires the Attorney General and the Secretary of State to develop and implement guidelines that address potential hostile biases in Immigration and Naturalization Service personnel hired abroad and involved with duties which could constitute an effective barrier to a refugee claim if such personnel carry a hostile bias toward the claimant on the grounds of religion, race, nationality, membership in a particular social group or political opinion. Requires the Attorney General and the Secretary of State to: (1) develop guidelines to ensure uniform procedures to the extent possible with Joint Voluntary Agencies; and (2) ensure that the Joint Voluntary Agencies process is enhanced, and faulty preparation of claims does not result in the failure of a genuine claim to refugee status. (Sec. 603) Requires the Attorney General and the Secretary of State to develop guidelines to ensure that interpreters with hostile biases, including personnel of airlines owned by governments known to be involved in practices which would meet the definition of persecution under international refugee law, shall not in any manner be used to interpret conversations between aliens and inspection or asylum officers. Requires the Attorney General to provide training to all officers adjudicating asylum cases on the right to religious freedom and the nature of religious persecution abroad, including country-specific conditions. Requires the Executive Office of Immigration Review of the Department of Justice to incorporate into its initial and ongoing training of immigration judges training on the extent and nature of religious persecution internationally, including country-specific conditions. (Sec. 604) Amends the Immigration and Nationality Act to make inadmissible for naturalization any alien (including a spouse and children) who, while serving as a foreign government official, directly engaged in gross violations of the right to religious freedom. Title VII: Miscellaneous Provisions - Expresses the sense of the Congress that transnational corporations operating in countries in which the government engages in gross violations of the right to religious freedom should adopt codes of conduct: (1) upholding the right to religious freedom of their employees; and (2) ensuring that a worker's religious views in no way affect the status or terms of his or her employment. (Sec. 702) Expresses the sense of the Congress that in negotiating the definitions of crimes to be included in the subject matter jurisdiction of the International Criminal Court, the President should pursue the inclusion of gross violations of the right to religious freedom, to the extent they fall within the meaning in international law of crimes against humanity or genocide.
Bill· HRH.R. 3556 (105th)referred
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.
Bill· SS. 1825 (105th)referred
United States · United States Congress · 24 March 1998
Veterans Burial Rights Act of 1998 - Directs the Secretaries of the military departments to: (1) provide honor guard details at a veteran's funeral only upon request; and (2) ensure that such details consist of not fewer than five military personnel (one of whom shall be a bugler for the playing of "Taps"). Prohibits the performance of honor guard functions by a member of the Reserve from being considered a period of drill or training otherwise required. Repeals a Federal limitation on the availability of funds for National Guard honor guard functions. Requires the Secretary of Defense to submit to the Congress the directives prescribed by the Secretaries of the military departments to carry out this section.
Bill· HRH.R. 3532 (105th)open
United States · United States Congress · 24 March 1998
TABLE OF CONTENTS: Title I: Authorization Title II: Other Provisions Nuclear Regulatory Commission Authorization Act for Fiscal Year 1999 - Title I: Authorization - Authorizes appropriations from the Nuclear Waste Fund for FY 1999 for: (1) the Nuclear Regulatory Commission (NRC); and (2) the NRC Office of Inspector General. (Sec. 102) Allocates such appropriations among: (1) Nuclear Reactor Safety; (2) Nuclear Materials Safety; (3) Nuclear Waste Safety; (4) Common Defense and Security and International Involvement; (5) Protecting the Environment; and (6) Management and Support. Restricts the NRC from using more than one percent of such allocations to make grants and enter into cooperative agreements with organizations such as universities, State and local governments, and not-for-profit institutions. Mandates NRC notification to the Congress as a prerequisite to specified reallocations. Restricts the use of Nuclear Waste Fund appropriations solely to NRC high-level nuclear waste activities. (Sec. 104) Authorizes the NRC to transfer specified funds from non-Nuclear Waste Fund appropriations to its Office of Inspector General. (Sec. 106) Requires that appropriations for NRC regulatory assistance to Federal agencies for activities that do not derive their funding from the Nuclear Waste Fund be excluded from the calculation of the aggregate amount of specified charges. (Sec. 107) Amends the Omnibus Budget Reconciliation Act of 1990 to extend through FY 2003 NRC authority to assess and collect user fees and annual charges. Title II: Other Provisions - Amends the Atomic Energy Act of 1954 to repeal the requirement that the NRC maintain an office for the service of process and papers within the District of Columbia. (Sec. 202) Provides that the initial duration of a combined construction and operating license for a production or utilization facility may not exceed 40 years from the date on which the NRC finds, prior to facility operation, that specified statutory acceptance criteria have been met. (Sec. 203) Establishes a fund in the Treasury to receive gifts, bequests, and donations of real and personal property to the NRC. Prescribes NRC duties regarding such acquisitions. (Sec. 204) Prescribes guidelines for the carrying of firearms and the authority to make arrests by employees or contractors of NRC licensees or certificate holders for the protection of property of significance to the common defense and security located at facilities owned or operated by an NRC licensee or certificate holder or being transported to or from such facilities. (Sec. 205) Revises the crime of sabotage of Federal nuclear facilities to cover any production, utilization, waste storage, treatment, disposal, uranium enrichment, or nuclear fuel fabrication facility subject to licensing or certification under this Act during its construction where the destruction or damage caused or attempted could affect public health and safety during facility operation. (Sec. 206) Authorizes the NRC to issue trespass regulations relating to property subject to its licensing or certification authority. (Sec. 207) Amends the Energy Reorganization Act of 1974 to prescribe guidelines for temporary continuation of service by an NRC commissioner whose term has expired.
Resolution· HCONRESH.Con.Res. 249 (105th)referred
United States · United States Congress · 24 March 1998
Expresses the sense of the Congress that substantial amounts of the proceeds received by the United States under any congressionally approved tobacco settlement should be allocated to the Department of Veterans Affairs.
Bill· SS. 1822 (105th)open
United States · United States Congress · 23 March 1998
Authorizes the Secretary of Veterans Affairs to examine, and include in the Department of Veterans Affairs Ionizing Radiation Registry Program, any veteran who received nasopharyngeal radium irradiation treatments while serving on active duty. Directs the Secretary to provide hospital care and outpatient or ambulatory care, and authorizes the Secretary to provide nursing home care, to such veterans.
Bill· SS. 1814 (105th)referred
United States · United States Congress · 23 March 1998
TABLE OF CONTENTS: Title I: Structural Changes Title II: Management Title III: Government Travel Reform Title IV: Procurement Provisions Title V: Operations - Use of Reserves Title VI: Intelligence Personnel Management Title VII: Defense Base Closure and Realignment Act of 1998 Department of Defense Reform Act of 1998 - Title I: Structural Changes - Eliminates: (1) the position of Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs; and (2) the requirement that such Assistant Secretary be Staff Director to the Joint Nuclear Weapons Council. (Sec. 102) Redesignates the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict as the Assistant Secretary of Defense for Special Operations and Humanitarian Activities. (Sec. 103) Directs the Under Secretary of Defense for Acquisition and Technology to establish policy and requirements for the educational programs of the defense acquisition university structure. (Sec. 104) Eliminates the position of Director of Acquisition Education, Training, and Career Development. (Sec. 105) Requires the Secretary of Defense (Secretary) to appoint a Chancellor for Education and Professional Development to exercise authority, direction, and control over Department of Defense (DOD) education and professional development programs, other than those related to professional military education and training. (Sec. 106) Allows (currently, requires) certain institutions to be included in the National Defense University and authorizes additional institutions to be included in the future. (Sec. 107) Amends the Department of Defense Appropriations Act, 1998 to repeal: (1) a fiscal year funding limitation on the relocation of a DOD organization or function into or within the National Capital Region; and (2) a limitation on the management of a Dod field operating agency. (Sec. 109) Repeals provisions requiring a phased reduction in the number of DOD management headquarters and headquarters support activities personnel. (Sec. 110) Amends the National Defense Authorization Act for Fiscal Year 1998 to repeal a limitation on the reorganization of airborne reconnaissance management. Title II: Management - Repeals provisions requiring an annual certification from the Secretaries of the military departments and the heads of defense agencies that civilian DOD employees have not been managed under any end strength limitations. (Sec. 202) Extends through FY 2003 certain early retirement provisions, separation benefits and incentives, and related force reduction transition authorities, including the use of educational benefits under the Montgomery GI Bill. Allows the Secretary to authorize a military department Secretary to reduce from three to two years the time-in-grade requirement for retention of grade upon voluntary retirement with respect to reserve officers. (Sec. 203) Revises the Federal employee early retirement program to require an employee, in order to be eligible for such program, to be employed continuously by the agency involved for more than 30 days, to be serving under an appointment that is not time-limited, and to not be under notice of involuntary separation for misconduct or unacceptable performance. Requires the agency involved to be undergoing a major reorganization, reduction in force, or transfer of function in order to offer such early retirement. Revises similarly early retirement provisions for the Senior Executive Service. Title III: Government Travel Reform - Revises military pay and allowances provisions to: (1) allow a member to receive a monetary allowance in lieu of the payment of household goods transportation costs; (2) require that such allowance provide an overall cost savings to the Government and be paid in advance of the transportation of such goods; and (3) make appropriations currently available for the payment of such transportation costs also available for the payment of such monetary allowances. (Sec. 302) Authorizes the Secretary to acquire official and unofficial travel services under a single procurement conducted under Federal defense procurement requirements and regulations. Allows contracts pursuant to such a procurement to provide for credits, discounts, commissions, or other fees based on the amount of travel-related sales generated by such services. Title IV: Procurement Provisions - Authorizes the Secretary to prescribe regulations that authorize verification using statistical sampling procedures, after payment, of the receipt and acceptance of goods and services. (Sec. 402) Redesignates "major defense acquisition programs" as "major systems." Revises provisions limiting the participation of contractor personnel in the DOD operational test and evaluation of a major system. Requires assurance of the impartiality of such employees and the integrity of the testing and evaluation, with certain verification steps to be taken by the Secretary when utilizing such personnel. (Sec. 403) Amends the Federal Property and Administrative Services Act of 1949 to allow Federal surplus property disposals, and contracts for such disposals, to be negotiated without the use of public advertisement and full and open competition: (1) when necessary in the public interest during a national emergency; (2) for public health, safety, or national security promotion; (3) for public exigency; (4) when public disposal would cause an adverse impact on an industry sufficient to affect the national economy; (5) when bid prices after public advertising are not reasonable; (6) when the character or condition of the property involved makes it impractical to advertise publicly; (7) when the disposal will be to U.S. states, territories, possessions, or subdivisions thereof; (8) when a non-advertised sale would be advantageous to the Government; and (9) when such a disposal is otherwise authorized by such Act or other law. (Sec. 404) Repeals procurement contract fee limitations with respect to: (1) performance of experimental, developmental, or research work; (2) architectural and engineering services; and (3) the employment of outside architects and engineers. Title V: Operations - Use of Reserves - Excludes from military personnel end strength limitations members of the reserves (enlisted and officer personnel) on active duty and National Guard personnel on full-time duty to participate in emergency preparedness programs involving the use of a weapon of mass destruction. Authorizes such personnel to perform any duties in support of such programs. Provides authority to order a member of the reserves to active duty for an additional 21 days beyond his or her prescribed duty period in order to perform such emergency preparedness assistance. Title VI: Intelligence Personnel Management - Repeals the authority of the Secretary to establish defense intelligence positions in the individual military departments (allowing such appointments only in DOD). (Sec. 602) Provides for the transfer of appropriate employees from the defense civilian intelligence personnel system to the Federal competitive service system. Title VII: Defense Base Closure and Realignment Act of 1998 - Defense Base Closure and Realignment Act of 1998 - Establishes an independent Defense Base Closure and Realignment Commission. Authorizes appropriations for the Commission. Terminates the Commission on December 31, 2005. (Sec. 703) Directs the Secretary, as part of the DOD budget justification for each of FY 2002 and 2006, to include a force structure plan for each military department based on an assessment of probable national security threats during the six-year period for which the budget request is made and of the anticipated funding levels that will be available during such period for national defense purposes. Requires the Secretary to publish in the Federal Register and transmit to the defense committees the proposed and final criteria to be used in making recommendations for the closure or realignment of military installations inside the United States. Directs the Secretary, on May 15, 2001, and May 16, 2005, to publish and transmit to such committees a list of installations recommended for closure or realignment on the basis of the such force structure and final criteria. Requires the inclusion of a summary of the selection process used in making such recommendations. Prohibits the Secretary, in making such recommendations, from taking into consideration any advance conversion planning undertaken by a community in anticipation of a closure or realignment. Directs the Secretary to make all information used in making base closure recommendations available to the Commission and the Comptroller General. Requires the following individuals, when submitting base closure or realignment information to the Secretary, to certify its accuracy and completeness: (1) the Secretaries of the military departments; (2) the heads of defense agencies; and (3) each person having duties which include personal and substantial involvement in the preparation and submission of such information. Directs the Commission, after receiving the Secretary's recommendations, to conduct public hearings and report to the President on its findings, conclusions, and recommendations for base closures and realignments. Allows the Commission to change a recommendation made by the Secretary when it finds that it deviates substantially from the force structure plan and final criteria. Prohibits the Commission, when making recommendations, from taking into account any advance conversion planning undertaken by an affected community in anticipation of a base closure or realignment. Directs the President, each year in which the Commission makes recommendations, to transmit to the Commission and the Congress a report containing the President's approval or disapproval of such recommendations, together with reasons therefor. (Sec. 704) Directs the Secretary to: (1) close or realign all military installations as recommended by the Commission; and (2) initiate all such closures and realignments within two years, and complete all such closures and realignments within six years, after the President transmits such report. Prohibits any such closure or realignment if disapproved by a congressional joint resolution. (Sec. 705) Outlines closure or realignment implementation requirements, including economic adjustment and community planning assistance for affected communities, environmental restoration, and outplacement assistance for displaced employees. Directs the Administrator of General Services to delegate to the Secretary appropriate authorities for disposing property at targeted installations. Directs the Secretary, before disposing or transferring such property, to consult with State governors and heads of local governments to consider any plan for the use of such property by the local community concerned. Allows for a transfer of property without consideration in the case of an installation located in a rural area whose closure or realignment will have a substantial adverse impact on local communities and on their prospects for economic recovery. Authorizes a transfer of property to the local redevelopment authority (RA) involved, under certain conditions. Requires a determination as to whether another Federal department or agency can use a portion of a closed or realigned installation or will accept transferred property to be made within six months after the date of closure or realignment approval. Requires an RA to which property is transferred to undertake outreach efforts to provide information on the buildings and property involved to representatives of the homeless. Requires such representative to submit to the RA specified information in a notice of interest in such buildings and property, including the homeless assistance program proposed to be carried out at the installation. Directs the RA for each covered installation to prepare and submit to the Secretaries of Defense and Housing and Urban Development (HUD) a redevelopment plan for the use of such installation to assist the homeless. Provides for reversion to the RA if the property is not used for such purposes. Directs the HUD Secretary to complete a review of such plan, taking into consideration and being receptive to the predominant views on such plan by the local communities, and to approve or disapprove of the plan (allowing an RA to revise disapproved plans). Directs the Secretary, upon a determination by the HUD Secretary that a plan meets appropriate requirements, to dispose of the buildings and property at such installation (requiring compliance with environmental requirements). Authorizes the Secretary, if it is considered to be in the best interests of the affected communities, to: (1) postpone or extend any deadline required under this section; or (2) enter into agreements with local governments for fire and police services, airfield operations, and other community services for closed or realigned installations, under certain conditions. Authorizes the Secretary to enter into an agreement to transfer property designated for an RA to any person who agrees to perform all required environmental restoration, waste management, and environmental compliance activities. Requires property recipients to pay at least 50 percent of all compliance costs. Authorizes the Secretary to transfer such property to a person who agrees, in exchange, to transfer to the Secretary housing units located at or near a military installation at which there is a shortage of suitable military housing, under certain conditions. Requires a report from the Secretary to the defense committees on any proposed exchange agreement. Authorizes the Secretary, in closing or realigning an installation, to purchase housing ownership interests of military personnel at manufactured housing parks established at an installation to be closed or realigned under this Act when: (1) it is in the best interest of the Federal Government to eliminate or relocate such park; and (2) such elimination or relocation would result in an unreasonable financial hardship to current owners. (Sec. 706) Establishes in the Treasury the Department of Defense Base Closure Account 1998, requiring Account funds to be used for environmental restoration and property management and disposal at installations closed or realigned under the Defense Base Closure and Realignment Act of 1990. Requires annual reports from the Secretary to the defense committees on deposits into, and expenditures from, the Account, and requires a report to such committees 60 days after termination of the Secretary's authority to close or realign an installation. (Sec. 707) Requires annual reports from the Secretary to the defense committees, beginning with the budget request for FY 2005, which shall include: (1) a schedule of the closure and realignment actions to be carried out, estimated total expenditures and cost savings, and any adverse environmental effects; and (2) a description of installations to which functions are to be transferred as a result of such closures and realignments. (Sec. 708) Outlines procedures for congressional consideration of a joint resolution disapproving a Commission recommendation of a base closure or realignment. (Sec. 709) Mandates that, during the period beginning on the date of enactment of this Act and ending on December 31, 2005, this title shall be the exclusive authority for selecting or carrying out the closure or realignment of a military installation inside the United States. Prohibits, with exceptions, any other DOD funds from being used for such closures or realignments.
Bill· SS. 1812 (105th)referred
United States · United States Congress · 23 March 1998
TABLE OF CONTENTS: Title I: Procurement Subtitle A: Authorization of Appropriations Subtitle B: Multi-Year Contract Authorizations Title II: Research, Development, Test, and Evaluation Subtitle A: Authorization of Appropriations Subtitle B: Other Matters Title III: Operation and Maintenance Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: Reserve Mobilization Income Insurance Fund Title V: Military Personnel Policy Subtitle A: Active Forces Subtitle B: Reserve Forces Title VI: Compensation and Other Personnel Benefits Subtitle A: Military Pay Subtitle B: Bonuses and Special and Incentive Pays Subtitle C: Other Matters Title VII: Acquisition Policy and Management Title VIII: Department of Defense Management Subtitle A: General Management Subtitle B: Department of Defense Personnel Management Title IX: General Provisions Subtitle A: Financial Matters Subtitle B: Miscellaneous Report Requirements and Repeals Subtitle C: Matters Relating to Terrorism Subtitle D: Matters Relating to Counter Drug Operations Subtitle E: Other Matters National Defense Authorization Act for Fiscal Year 1999 - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1999 to the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement. (Sec. 104) Authorizes appropriations for FY 1999 for: (1) defense-wide procurement; (2) the Defense Inspector General; (3) the Defense Health Program; and (4) the chemical demilitarization program. Subtitle B: Multi-Year Contract Authorizations - Authorizes the use of multiyear contracts by the Army and Navy for the procurement of certain vehicles, weapons, and aircraft. Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1999 for the armed forces for research, development, test, and evaluation, including activities of the Directors of Test and Evaluation and Operational Test and Evaluation. Subtitle B: Other Matters - Adds additional requirements for inclusion in the low-rate initial production of weapon systems. (Sec. 212) Extends through FY 2003 the authority of the Secretary of Defense (Secretary) to contract with commercial entities to conduct commercial test and evaluation activities at a major range and test facility installation. Title III: Operation and Maintenance - Authorizes appropriations for FY 1999 for operation and maintenance (O&M) for the armed forces and specified activities and agencies of the Department of Defense (DOD). (Sec. 302) Authorizes appropriations for FY 1999 for: (1) working capital and revolving funds; (2) the Armed Forces Retirement Home; and (3) the operation of Fisher houses, to be derived from the Fisher House Trust Fund. (Sec. 305) Authorizes the transfer of up to $150 million from the National Defense Stockpile Transaction Fund to specified O&M accounts. (Sec. 306) Authorizes the Secretary, using available amounts from the Department of Defense Base Closure Account 1990, to pay stipulated damages under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 assessed against McClellan Air Force Base, California. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Sets forth the authorized end strengths for active-duty forces as of the end of FY 1999. (Sec. 402) Repeals a requirement that such end strengths be sufficient to support two simultaneous major regional contingencies. (Sec. 403) Revises the due date of an annual manpower requirements report. (Sec. 404) Exempts from general and flag officer grade limits the position of Director, National Imagery and Mapping Agency. Makes permanent (currently ends October 1, 1998) the authority of the Chairman of the Joint Chiefs of Staff to designate up to 12 general and flag officers serving in joint duty positions for exclusion from such limits. Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 1999 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves. (Sec. 413) Sets forth the authorized end strengths as of the end of FY 1999 for Army and Air Force military technicians (dual status). (Sec. 414) Increases the number of officers and enlisted personnel authorized to serve on active duty in support of the reserves. (Sec. 415) Excludes from active-duty end strength limitations certain reserve personnel on active duty for 181 days or more in support of peacetime requirements of the military services and combatant commands. Subtitle C: Reserve Mobilization Income Insurance Fund - Authorizes appropriations for the Reserve Mobilization Income Insurance fund. Title V: Military Personnel Policy - Subtitle A: Active Forces - Authorizes the Secretary to determine the composition of selective early retirement boards convened for determining retirement status with respect to Naval Reserve rear admirals or Marine Corps Reserve major generals. (Sec. 503) Provides active status service requirements, for promotion consideration purposes, for Army and Air Force Reserve brigadier generals. (Sec. 504) Authorizes the posthumous appointment of officer commissions and warrants, making the date of appointment the date of death. (Sec. 505) Excludes regular chief warrant officers in the W-4 grade from provisions requiring involuntary retirement due to non-selection for promotion. (Sec. 506) Adds required procedures for the selection of judge advocate generals and assistant or deputy judge advocate generals of the military departments. (Sec. 507) Establishes a three-year term of office for the Chief of the Air Force Nurse Corps. (Sec. 508) Provides time-in-grade requirements for reserve general and flag officers who are involuntarily transferred from an active status. (Sec. 509) Eliminates the requirement for a board of review after a board of inquiry determination relating to an officer's substandard performance of duty or certain other findings. (Sec. 510) Authorizes retired and former officers to be considered for promotion by special promotion selection boards. Subtitle B: Reserve Forces - Authorizes the Secretary of the military department concerned to order members under his jurisdiction to perform functions in support of the defense agencies and either the active or reserve components. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Military Pay - Waives any FY 1999 military pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases the rate of basic pay of members of the uniformed services by 3.1 percent, effective January 1, 1999. Subtitle B: Bonuses and Special and Incentive Pays - Extends through FY 2001 certain bonuses and special pay for specially skilled military personnel, including nuclear-qualified personnel. (Sec. 612) Extends through FY 2000 certain bonuses and special pay authorities for reserve personnel. (Sec. 613) Extends through FY 2001 the special pay authority for nurse anesthetists. (Sec. 614) Provides reenlistment bonus eligibility for reserve personnel who perform active National Guard and Selected Reserve duty. (Sec. 615) Increases from $4,000 to $6,000 the maximum bonus for Army enlistment. Subtitle C: Other Matters - Authorizes the Secretary, or the Secretary of Transportation with respect to the Coast Guard when it is not operating under the Navy, to provide a transportation allowance for rest and recuperation travel during a period in which personnel perform at a duty station within a contingency operation, or in other appropriate circumstances as determined by such Secretary. Provides allowance limits. (Sec. 622) Deletes the Panama Canal Zone from inclusion within the definition of a U.S. possession. (Sec. 623) Allows for the storage of unaccompanied baggage of military dependent students. (Sec. 625) Provides for the restoration of annual leave lost due to the closure of an installation in the Republic of Panama in accordance with the Panama Canal Treaty of 1977. Extends through December 31, 2003, the period during which annual leave lost due to the closure of a military installation under a base closure law will be restored. (Sec. 627) Authorizes the Superintendent of a U.S. military academy to order a cadet or midshipman to be placed on involuntary leave without pay: (1) after a suspension pending separation; (2) to repeat an academic semester or year; or (3) for other good cause. (Sec. 628) Repeals the requirement that no more than ten percent of reenlistment bonuses paid during a fiscal year exceed $20,000. (Sec. 629) Amends the Defense Dependents' Education Act of 1978 to authorize the Secretary, and the Secretary of Transportation with respect to the Coast Guard in appropriate circumstances, to provide an educational allowance to the sponsors of military dependent students in overseas areas in which DOD has not established defense dependents' schools. (Sec. 630) Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) concerning the defense dental plan for military dependents to: (1) revise the premium amount; and (2) authorize the integration of a basic dental benefit plan into the TRICARE Program (a DOD managed care program). (Sec. 631) Provides for the recovery, care, and disposition of remains of military personnel who die while hospitalized after having been retired by reason of medical disability for an injury, illness, or disease incurred while on active duty, as long as the hospitalization has been continuous since such retirement. (Sec. 632) Revises the voluntary separation incentive program to ensure continued eligibility for members who involuntarily lose membership in a reserve component due to age, years of service, failure of promotion, or medical disqualification. (Sec. 633) Revises the defense domestic dependent elementary and secondary school program to: (1) allow dependents of Federal employees not residing on a military installation to be enrolled in a school program for more than five consecutive school years, at the discretion of the Secretary, where the dependent is qualified, space is available, and the Secretary will be reimbursed for educational services provided. Authorizes the enrollment in such school of the dependent of military personnel assigned to a remote or unaccompanied assignment when such dependent is residing in a U.S. territory, commonwealth, or possession. (Sec. 634) Extends until October 1, 2003: (1) the period during which the Secretary concerned may reduce the required term of active service before qualification for retirement for regular or reserve commissioned officers; (2) the period of exemption from required retirement for certain limited duty Navy commanders and captains; and (3) the exemption from mandatory retirement for failure of promotion for certain Navy and Marine Corps officers designated for limited duty. Title VII: Acquisition Policy and Management - Limits the authority of the head of a defense procuring activity to delegate the approval of the use of noncompetitive procedures in the procurement process. Amends the Federal Property and Administrative Services Act of 1949 to set similar limits with respect to the head of a Federal procuring activity. (Sec. 702) Repeals a provision stating that a defense contractor or subcontractor who is granted a waiver from procurement cost or pricing data requirements shall be considered to have met such requirements for purposes of tiered contracts (contracts having one or more contractors and subcontractors). Makes a similar repeal under the Federal Property and Administrative Services Act of 1949 with respect to nondefense contractors or subcontractors. (Sec. 704) Repeals a provision requiring equal allocation of procurement technical assistance program funding among Defense Contract Administrative Services regions. (Sec. 705) Amends the Defense Acquisition Improvement Act of 1986 to repeal the requirement of certain Defense Inspector General oversight of undefinitized contractual actions. (Sec. 706) Amends the Contracts Disputes Act of 1978 to specify the date for the Government payment of interest on contractor cost claims. (Sec. 707) Requires personnel to be assigned to the following positions for no fewer than three years: (1) program manager or deputy manager for a significant nonmajor defense acquisition program; (2) program executive officer; (3) general or flag officer or equivalent position; or (4) senior contracting official. (Currently, such requirement extends only to critical acquisition positions.) (Sec. 708) Makes eligible for the defense acquisition corps certain personnel who served as a GS-13 or above but were downgraded below such level due to a reduction in force, a base closure, or reason other than for cause. (Sec. 709) Amends the Federal Acquisition Streamlining Act with respect to a test program within the Office of Federal Procurement Policy of alternative and innovative procurement procedures to: (1) remove the requirement that no more than one such test be conducted in any single procuring agency; (2) allow two (currently, one) contracts awarded for such tests to exceed $5 million; (3) reduce from 270 to 120 days before the conduct of a test the date by which a detailed test plan is required to be submitted to specified congressional committees; and (4) extend until January 1, 2003, the termination of the test program. (Sec. 710) Amends the National Defense Authorization Act for Fiscal Year 1991 to: (1) remove the word "Pilot" from the Mentor-Protege Pilot Program; (2) authorize DOD to conduct an initiative that would allow DOD to participate in the mentoring of women-owned small business proteges; and (3) expand the definition of a disadvantaged small business concern for purposes of such Program. (Sec. 711) Authorizes holding General Accounting Office protest proceedings in abeyance when the agency involved has agreed to suspend contract award or performance pending completion of any agency protest procedure and any subsequent protest timely filed before the Comptroller General. (Sec. 712) Amends the Department of Defense Appropriations Act, 1993 to revise restrictions on DOD procurement from foreign sources of cotton, silk, wool and other natural fibers and specified derivative products. Title VIII: Department of Defense Management - Subtitle A: General Management - Increases from $5 million to $10 million the authorized annual DOD expenditures for the humanitarian clearance of landmines. Prohibits more than ten percent of such funds from being used to pay reserve personnel performing duty in connection with landmine clearing training and related activities. (Sec. 802) Authorizes the Secretary to impose a surcharge for dishonored checks issued to the Defense Commissary Agency and to deposit collected amounts in the commissary trust revolving fund for payment of costs incurred in collecting on such checks. Provides authorized means of collection, including military pay or entitlements deductions, Federal withholdings, or the use of private collection agencies. (Sec. 803) Amends the Armed Forces Retirement Home Act of 1991 to revise generally the retirement home inspection requirements of the DOD Inspector General. (Sec. 804) Amends the National Security Act of 1947 to exempt operational files of the National Imagery and Mapping Agency (NIMA) from certain public search, review, publication, and disclosure requirements of the Freedom of Information Act. Provides for: (1) exceptions; and (2) judicial review of contested cases of withheld records. Requires the Directors of NIMA and Central Intelligence, at least every ten years, to review exempted records to determine whether they may be removed from exemption. Provides for judicial enforcement of such review requirement. (Sec. 805) Authorizes the Secretary to withhold from public disclosure any geodetic product that the Secretary has determined would, if disclosed, interfere or unfairly compete with an emerging or existing commercial industry or market operation. (Sec. 806) Repeals a provision of the National Defense Authorization Act for Fiscal Year 1998 which requires certain prior approval procedures with respect to the export of high performance computers. (Sec. 807) Amends the National Defense Authorization Act for Fiscal Year 1991 to repeal a provision concerning the authority to waive certain requirements prior to the transfer of the tactical airlift mission to the reserve components. (Sec. 808) Requires funds received from the Federal Republic of Germany representing its share of the costs of the George C. Marshall European Center for Security Studies to be used for Center costs. Authorizes the Secretary to waive reimbursement of certain Center costs for military officers and civilian officials of cooperation partner states of the North Atlantic Cooperation Council or the Partnership for Peace when determined to be in the national security interest. Provides a similar waiver with respect to the Asia Pacific Center for Security Studies for military officers and civilian officials of the Asia Pacific Region. Subtitle B: Department of Defense Personnel Management - Authorizes the Secretary to commence a demonstration project of proposals for improving the personnel management policies or procedures for the Defense Commissary Agency. Provides project terms and conditions, limiting the project's scope to the Agency's workforce. Provides project conditions with respect to employees covered by a collective bargaining agreement. (Sec. 812) Eliminates an employment preference program for the hiring of military spouses as DOD child care employees. (Sec. 813) Preserves certain civil rights protection for former Defense Mapping Agency employees who continue such employment with NIMA. (Sec. 815) Authorizes (currently requires) the Secretary to establish a program for U.S. scientists, engineers, and managers to learn Japanese language and culture. (Sec. 816) Authorizes the Secretary, for five years, to appoint scientific and engineering personnel to conduct experimental research and development through the Defense Advanced Research Projects Agency. Directs the Secretary to report annually to the defense committees on the use of such authority. Title IX: General Provisions - Subtitle A: Financial Matters - Repeals the requirement for a: (1) separate budget request for the procurement of reserve equipment; and (2) two-year DOD budget cycle. (Sec. 903) Amends the Department of Defense Authorization Act, 1986 to require the Director of the Federal Emergency Management Agency (FEMA) to administer a program to provide off-post emergency preparedness to protect the public in the vicinity of installations where lethal chemical agents and munitions are stored. Authorizes the Director to establish an incentive program to encourage States and local governments to achieve early, efficient, and cost-effective preparedness. Requires the Director to report annually to the Congress on program activities. Requires program funds to be set out in a separate defense-related FEMA account. (Sec. 904) Authorizes the Secretary to transfer funds from specified defense accounts for combating terrorism or for force protection. (Sec. 905) Authorizes the Secretary to transfer funds between DOD investment appropriations within acquisition category I and II programs or clearly defined groups of associated acquisition programs, with transfer limits of $500 million per year and $20 million per program. (Sec. 906) Requires annual amounts requested for activities of the Ballistic Missile Defense Organization to be set forth in accordance with specified program elements. Requires amounts requested for Theater and National Missile Defense major defense acquisition programs to be specified in individual dedicated program elements, and to be available only for Ballistic Missile Defense activities. Requires management and support requests to be included within the program elements. (Sec. 907) Authorizes the Secretary, after 30 days' prior notification to the appropriate congressional committees, to transfer funds from DOD O&M accounts to military personnel accounts, to be used for military family housing privatization projects. (Sec. 909) Authorizes the Secretary to pay licensing or other fees to foreign countries or international organizations in connection with the sale there of maps, charts, and navigational books. (Sec. 910) Authorizes the Secretary concerned to charge and retain fees for providing historical information to public requesters from the United States Army or Air Force Military History Institute or the Naval or Marine Corps Historical Center. Subtitle B: Miscellaneous Report Requirements and Repeals - Repeals a report: (1) concerning a NATO conventional defense assessment of allied performance, NATO conventional defense capabilities, and allied burdensharing; (2) relating to the joint training of special operations forces with friendly foreign forces; (3) on the Defense Business Operations Fund; (4) on the Defense Contract Audit Agency's authority to subpoena records of defense contractors; (5) on the use of funds from the lease of non-excess DOD property; (6) concerning the alternative utilization of military facilities; and (7) concerning a proposed contract for the sale of Gregg Circle Area, Fort Jackson, South Carolina. (Sec. 918) Requires the report on demonstration projects relating to the military health care delivery system to be submitted annually (currently, semiannually). (Sec. 922) Provides an exception from the requirement for a report from the Secretary concerned to the defense committees before entering into certain real property transactions with respect to any such transaction made in connection with a declaration of war, national emergency, or major disaster, a riot, or a contingency operation. Requires such a report within 30 days after entering into such a transaction. (Sec. 923) Repeals certain notification requirements with respect to DOD Inspector General investigations. (Sec. 924) Amends the Department of Defense Appropriations Act, 1989 to repeal the reporting of certain elements of DOD overseas basing costs. (Sec. 925) Directs the Secretary concerned to notify the appropriate congressional committees in the case of architectural and engineering services and construction design for which the estimated costs exceed $500,000 (currently $300,000). Subtitle C: Matters Relating to Terrorism - Authorizes the Chairman of the Joint Chiefs of Staff (currently, only the Secretaries of Defense and the military departments) to purchase right-hand drive motor vehicles for use in a foreign country. Authorizes each such official to purchase nontactical armored passenger vehicles under emergency situations for combating terrorism and for military force protection support. (Sec. 932) Authorizes the Secretary to make DOD personnel available to operate equipment with respect to a foreign or domestic counterterrorism operation or a rendition of a suspected terrorist from a foreign country to the United States for trial. Subtitle D: Matters Relating to Counter Drug Operations - Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 2004 DOD's authority to provide support to other Federal agencies and law enforcement officials for counter-drug activities. Authorizes the Secretary to conduct domestic outreach programs to reduce the demand for illegal drugs among youths. (Sec. 942) Amends the National Defense Authorization Act for Fiscal Year 1997 to: (1) authorize DOD to provide counter-drug support for specified Caribbean countries; (2) extend through FY 2004 the authority to provide such support; and (3) increase the amount authorized for such purpose. Subtitle E: Other Matters - Redefines "financial institution" for purposes of Federal Government reimbursement of charges incurred by military personnel or Federal employees because of Government error in the direct deposit of pay. (Sec. 952) Amends the Supplemental Appropriations Act, 1987 to authorize drug test results of civil service mariners of the Military Sealift Command to be released to the Coast Guard to the same extent that similar submissions are required from commercial vessel operators. (Sec. 953) Provides for the disposition of amounts collected through military claims services from third parties for loss or damage to personal property shipped or stored at Government expense. (Sec. 954) Allows polychlorinated biphenyls located outside of U.S. customs territory but in U.S. possession and control to be imported for disposal within U.S. customs territory. (Sec. 955) Authorizes the Secretary of the Army to lease up to 500 units in Italy and 800 units in Korea, subject to the maximum lease amount, for military family housing purposes. (Sec. 956) Authorizes the Secretary to conduct a pilot program under which the Secretary's agent would be exempt from providing a copy of notice or service as currently required when providing notice and taking action to enforce obligations for child support and alimony payments among military personnel under provisions of the Social Security Act. Requires a report describing the program from the Secretary to the Speaker of the House and the President of the Senate. Terminates the program at the end of FY 2000. (Sec. 957) Authorizes the Secretary of the Navy to enter into the long-term charter of three specified vessels in support of Navy submarine rescue, escort, and towing.
Bill· SS. 1813 (105th)referred
United States · United States Congress · 23 March 1998
TABLE OF CONTENTS: Title XXI: Army Title XXII: Navy Title XXIII: Air Force Title XXIV: Defense Agencies Title XXV: North Atlantic Treaty Organization Security Investment Program Title XXVI: Guard and Reserve Forces Facilities Title XXVII: Expiration and Extension of Authorizations Title XXVIII: General Provisions Subtitle A: Military Construction Program and Military Family Housing Subtitle B: Other Matters Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 1999 - Title XXI (sic): Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units, to carry out architectural planning and design activities, and to improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 1998 for military construction, land acquisition, and military family housing functions of the Army. Authorizes appropriations for fiscal years after 1999 for: (1) Newport Army Depot, Indiana; (2) Fort Leavenworth, Kansas; (3) Aberdeen Proving Ground, Maryland; (4) the United States Military Academy, West Point, New York; (5) Fort Hood, Texas; and (6) Kwajalein Atoll, Kwajalein. Limits the total cost of construction projects authorized by this title. (Sec. 2105) Amends the Military Construction Authorization Act for Fiscal Year: (1) 1995 to increase the amounts authorized for projects at Pine Bluff Arsenal, Arkansas, and the Umatilla Army Depot, Oregon; and (2) 1998 to increase the amount authorized for a project at Fort Sill, Oklahoma. Title XXII: Navy - Provides, with respect to the Navy, authorizations paralleling those provided for the Army. Authorizes appropriations for fiscal years after 1999 for the Berthing Pier project authorized for Naval Station Norfolk, Virginia. Limits the total cost of construction projects authorized by this title. Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations paralleling those provided for the Army. Limits the total cost of construction projects authorized by this title. Title XXIV: Defense Agencies - Authorizes the Secretary of Defense (Secretary) to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to improve existing military family housing units in a specified amount. (Sec. 2403) Earmarks funds authorized under this title for the military family housing improvement program. (Sec. 2404) Authorizes the Secretary to carry out energy conservation projects. (Sec. 2405) Authorizes appropriations to the Department of Defense (DOD) for fiscal years after 1998 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title. (Sec. 2406) Amends the National Defense Authorization Act for Fiscal Year 1990 to increase the amount authorized for a project at the Portsmouth Naval Hospital, Virginia. Title XXV: North Atlantic Treaty Organization Security Investment Program - Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program. Authorizes appropriations for fiscal years after 1998 for such Program. Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1998 for the Guard and Reserve forces for acquisition, architectural and engineering services, and construction of facilities. Title XXVII: Expiration and Extension of Authorizations - Terminates all authorizations contained in the preceding titles of this Act on October 1, 2001, or the date of enactment of an Act authorizing funds for FY 2002, whichever is later, with exceptions. Extends certain prior-year military construction projects. Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing - Requires the Secretary of the military department concerned to notify the appropriate congressional committees in the case of architectural and engineering and construction design costs for which the estimated cost exceeds $500,000 (currently $300,000). (Sec. 2802) Authorizes the Secretary of the Air Force, if determined to be in the best interest of the Air Force, to purchase the developer's entire interest in the 366-unit leased military family housing project at Eielson Air Force Base, Alaska. Subtitle B: Other Matters - Requires a report from the Secretary concerned to the defense committees 30 days before entering a real property transaction exceeding $500,000 (currently $200,000). (Sec. 2806) Authorizes the Secretary concerned to require a Federal agency, as part of any lease, permit, license, or other grant of access for the use of lands of a military department, to remove improvements and take any other action necessary to restore the land to its condition prior to its use by such agency.
Bill· SS. 1806 (105th)referred
United States · United States Congress · 19 March 1998
American Missile Protection Act of 1998 - States as U.S. policy to deploy as soon as technologically possible a National Missile Defense system capable of defending U.S. territory against limited ballistic missile attack (whether accidental, unauthorized, or deliberate).
Bill· SS. 1799 (105th)referred
United States · United States Congress · 19 March 1998
Amends the Internal Revenue Code to provide that a member of the armed forces shall be treated as using a principal residence while away from home on extended active duty if that person used the residence as a principal residence prior to the extended duty period.
Bill· HRH.R. 3514 (105th)referred
United States · United States Congress · 19 March 1998
TABLE OF CONTENTS: Title I: Continuing the Commitment of the Violence Against Women Act Subtitle A: Law Enforcement and Prosecution Grants to Combat Violence Against Women Subtitle B: National Domestic Violence Hotline Subtitle C: Battered Women's Shelters and Services Subtitle D: Community Initiatives Subtitle E: Education and Training for Judges and Court Personnel Subtitle F: Grants to Encourage Arrest Policies Subtitle G: Rural Domestic Violence and Child Abuse Enforcement Subtitle H: National Stalker and Domestic Violence Reduction Subtitle I: Federal Victims' Counselors Subtitle J: Education and Prevention Grants to Reduce Sexual Abuse of Runaway, Homeless, and Street Youth Subtitle K: Victims of Child Abuse Programs Title II: Limiting the Effects of Violence of Children Subtitle A: Safe Havens for Children Subtitle B: Violence Against Women Prevention Among Youth in Schools Subtitle C: Family Safety Subtitle D: Domestic Violence and Children Subtitle E: Child Welfare Worker Training on Domestic Violence and Sexual Assault Subtitle F: Child Abuse Accountability Title III: Sexual Assault Prevention Subtitle A: Rape Prevention Education Subtitle B: Standards, Practice and Training for Sexual Assault Examinations Subtitle C: Prevention of Custodial Sexual Assault by Correction Staff Subtitle D: Hate Crimes Prevention Title IV: Domestic Violence Prevention Subtitle A: Domestic Violence Victims' Housing Subtitle B: Full Faith and Credit for Protection Orders Subtitle C: Victims of Abuse Insurance Protection Subtitle D: National Summit on Sports and Violence Subtitle E: Keeping Firearms From Intoxicated Persons Subtitle F: Access to Safety and Advocacy Subtitle G: Federal Witness Protection for Victims of Domestic Violence Title V: Violence Against Women in the Military System Subtitle A: Civil Jurisdiction for Crimes of Sexual Assault and Domestic Violence Subtitle B: Transitional Compensation and Health Care for Abused Dependents of Members of the Armed Forces Title VI: Preventing Violence Against Women in Traditionally Underserved Communities Subtitle A: Older Women's Protection From Violence Subtitle B: Protection Against Violence and Abuse for Women with Disabilities Subtitle C: Battered Immigrant Women Subtitle D: Conforming Amendments to the Violence Against Women Act Title VII: Violence Against Women and the Workplace Subtitle A: National Clearinghouse on Domestic Violence and Sexual Assault and the Workplace Grant Subtitle B: Victims' Employment Rights Subtitle C: Workplace Violence Against Women Prevention Tax Credit Subtitle D: Battered Women's Employment Protection Subtitle E: Education and Training Grants to Promote Responses to Violence Against Women Subtitle F: Workers' Compensation Title VIII: Educational Institutions and Violence Against Women Subtitle A: Grants to Reduce Violent Crimes Against Women on Campus Subtitle B: Student Safety Subtitle C: Violence against Women Training for Health Professions Subtitle D: Campus Hate Crimes Right to Know Title IX: Violence Against Women Intervention, Prevention, and Education Research Violence Against Women Act of 1998 - Title I: Continuing the Commitment of the Violence Against Women Act - Subtitle A: Law Enforcement and Prosecution Grants to Combat Violence Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (the Act) to authorize appropriations for grants to combat violent crimes against women. (Sec. 102) Revises grant allocation guidelines governing prosecution grants, victims' services and State court systems. Expands grant purposes to include training that addresses sexual assault, domestic violence, and stalking for State, local, and tribal judicial personnel. Directs the Attorney General to deny State grant applications that fail to provide documentation of collaborative efforts with other agencies or organizations. Redefines "victims' services" to include advocacy and assistance for victims seeking legal, social, and health care services. (Sec. 103) Directs the Attorney General to make grants to State domestic violence and sexual assault coalitions for purposes of coordinating with: (1) victim services activities; and (2) Federal, State, and local entities engaged in violence-against-women activities. Subtitle B: National Domestic Violence Hotline - Amends the Family Violence Prevention and Services Act (FVPSA) to authorize increased appropriations for the national domestic violence hotline grant. Requires grantees to submit a grant evaluation report to the Secretary of Health and Human Services (the HHS Secretary) for publication and public comment as a prerequisite to a grant award or renewal. Subtitle C: Battered Women's Shelters and Services - Battered Women's Shelters and Services Act - Amends the FVPSA to authorize appropriations for State grants. Modifies guidelines governing: (1) allotment of appropriations; (2) grants for information and technical assistance centers; and (3) authorization of appropriations. (Sec. 123) Instructs the HHS Secretary to award grants for: (1) State domestic violence coalitions and local domestic violence programs providing shelter or related assistance, in order to develop model strategies to address domestic violence in underserved populations; (2) each State domestic violence coalition for an emergency assistance fund for domestic violence victims; and (3) technical assistance and training for State and local domestic violence programs. Subtitle D: Community Initiatives - Authorizes appropriations for demonstration grants for community initiatives. Subtitle E: Education and Training for Judges and Court Personnel - Amends the Equal Justice for Women in the Courts Act of 1994 to permit training grants for judges and court personnel to include: (1) child custody, visitation, and safety issues raised by domestic violence and child sexual assault; and (2) the extent to which addressing domestic violence and victim safety contributes to the efficient administration of justice. Authorizes appropriations. Subtitle F: Grants to Encourage Arrest Policies - Amends the Act to reauthorize appropriations to implement the functions of the Bureau of Justice Statistics. (Sec. 153) Mandates that at least five percent of appropriated funds be used for grants to Indian tribal governments to treat domestic violence as a serious violation of criminal law. Subtitle G: Rural Domestic Violence and Child Abuse Enforcement - Amends the Safe Homes for Women Act of 1994 to authorize appropriations for rural domestic violence and child abuse enforcement. Mandates that five percent of such funds be used for grants to Indian tribal governments. Subtitle H: National Stalker and Domestic Violence Reduction - Amends the Safe Homes for Women Act of 1994 to authorize appropriations for grants to enter stalking and domestic violence data into crime information databases. Subtitle I: Federal Victims' Counselors - Amends the Safe Streets for Women Act of 1994 to authorize appropriations for the United States Attorneys to appoint Victim-Witness counselors for the prosecution of domestic violence and sexual assault crimes. Subtitle J: Education and Prevention Grants to Reduce Sexual Abuse of Runaway, Homeless, and Street Youth - Amends the Runaway and Homeless Youth Act to authorize appropriations for street-based outreach and education to prevent sexual abuse and exploitation. Subtitle K: Victims of Child Abuse Programs - Amends the Victims of Child Abuse Act of 1990 to authorize appropriations for: (1) the court-appointed special advocate program; and (2) child abuse training programs for judicial personnel and practitioners. (Sec. 191-3) Amends the Act to authorize appropriations for grants for closed-circuit televising of testimony of child abuse victims. Title II: Limiting the Effects of Violence on Children - Subtitle A: Safe Havens for Children - Authorizes the Attorney General to award grants to public or private nonprofit nongovernmental entities to establish and operate supervised visitation centers. Authorizes appropriations. Subtitle B: Violence Against Women Prevention Among Youth in Schools - Authorizes appropriations for the Secretary of Education to implement a program in primary, middle, and secondary schools to educate young people about violence against women. Subtitle C: Family Safety - Family Safety Act - Amends the Parental Kidnapping Prevention Act of 1980 to include among its purposes: (1) the promotion of cooperation between State and tribal courts to protect parents and children from domestic violence or sexual assault; (2) the promotion of realistic and protective standards for interstate relocation when parents dispute custody; (3) the avoidance of jurisdictional conflicts between State courts in matters of child custody and visitation consistent with not endangering or inappropriately punishing parents who are victims of domestic violence, or children who are victims of sexual assault. (Sec. 233) Amends Federal criminal law to provide as a defense to prosecution of either a criminal custodial interference or parental abduction charge, or criminal contempt of court relating to an underlying child custody or visitation determination, that the defendant was fleeing an incident or pattern of domestic violence or sexual assault of the child, or would otherwise have a defense under the International Parental Kidnapping Prevention Act. Directs the Attorney General to issue guidelines to assist U.S. Attorneys and the Federal Bureau of Investigation to determine whether to initiate or terminate an action due to the potential availability of such defense. (Sec. 234) Amends the Judicial Code to declare that the intent of full faith and credit doctrine in child custody determinations is to preempt inconsistent State law. Declares that a protection order regarding custody and visitation of a minor child that is consistent with this Act shall be given full faith and credit by the courts of any State where the party who sought the order seeks enforcement. Modifies State court jurisdiction guidelines governing: (1) relocation of the child due to domestic violence or sexual assault; and (2) court authority to decline to exercise jurisdiction on behalf of parents engaged in specified conduct. Subtitle D: Domestic Violence and Children - Expresses the sense of the Congress that for purposes of determining child custody: (1) it is in the best interest of children to have a presumption that their main physical residence should be with their primary caretaker parent unless such parent is unfit; (2) child abuse and sexual abuse allegations should be fully investigated regardless of when raised, or whether the child has withdrawn the allegation; (3) States should not order specified measures if they may endanger either parent or child; and (4) States should provide training to all relevant professionals on how domestic violence and sexual assault affects determinations of custody, child support, and visitation. Subtitle E: Child Welfare Worker Training on Domestic Violence and Sexual Assault - Directs the Attorney General to make grants jointly with the HHS Secretary to enable child welfare service agencies to train their staffs and modify their policies, procedures, programs, and practices in order to make them consistent with specified principles and goals. Sets forth grantee eligibility criteria. Authorizes appropriations. Subtitle F: Child Abuse Accountability - Child Abuse Accountability Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code of 1986 to permit the assignment or alienation of any pension benefit payable to a participant pursuant to a qualified child abuse order. Exempts qualified child abuse orders from preemption by ERISA. Title III: Sexual Assault Prevention - Subtitle A: Rape Prevention Education - Amends the Public Health Service Act to require the use of certain State funds for rape prevention and education programs conducted by rape crisis centers and nonprofit State sexual assault coalitions for specified programs. (Sec. 301) Instructs the HHS Secretary to establish a National Resource Center on Sexual Assault to provide resource information, policy, training, and technical assistance to Federal, State, and Indian tribal agencies, State and local sexual assault coalitions and programs, and to other interested parties. Mandates that State grantors ensure that at least 25 percent of the funds are devoted to educational programs targeted for middle school, junior high, and high school aged students. Authorizes appropriations. Subtitle B: Standards, Practice, and Training for Sexual Assault Examinations - Standards, Practice, and Training for Sexual Assault Examinations Act - Directs the Attorney General to: (1) evaluate standards of training and practice for licensed health care professionals performing sexual assault forensic examinations, and develop a national recommended training standard; (2) recommend sexual assault examination training for health care students to improve recognition of injuries suggestive of rape and sexual assault; and (3) establish a mechanism for nationwide dissemination of a national protocol on sexual assault for forensic examinations. Authorizes appropriations. Subtitle C: Prevention of Custodial Sexual Assault by Correctional Staff - Prevention of Custodial Sexual Assault by Correctional Staff Act - Directs the Attorney General to establish and disseminate to the States certain guidelines regarding the prevention of custodial sexual misconduct by correctional staff. Requires withholding of specified correctional facilities funds from any State that fails to implement: (1) such guidelines; or (2) criminal penalties explicitly prohibiting custodial sexual misconduct by correctional staff against prisoners. (Sec. 335) Directs the Attorney General to create a national, confidential, toll-free telephone hotline to collect data, and to provide information and assistance to prisoners who have experienced custodial sexual misconduct by corrections staff. Authorizes appropriations. Subtitle D: Hate Crimes Prevention - Hate Crimes Prevention Act of 1998 - Amends Federal criminal law to establish criminal penalties for willfully causing bodily injury because of a person's race, color, religion, or national origin. (Sec. 345) Directs the United States Sentencing Commission to study the issue of adult recruitment of juveniles to commit hate crimes, and, where appropriate, to amend Federal sentencing guidelines to provide sentencing enhancements for adult defendants who do such recruiting. (Sec. 346) Directs the Administrator of the Department of Justice Office of Juvenile Justice and Delinquency Prevention to make grants to State and local programs to combat hate crimes committed by juveniles. (Sec. 347) Authorizes appropriations for the Department of the Treasury and the Department of Justice (including the Community Relations Service), to increase the number of personnel to prevent and respond to such hate crimes. Title IV: Domestic Violence Prevention - Subtitle A: Domestic Violence Victims' Housing - Domestic Violence Victims Housing Act - Authorizes appropriations under the United States Housing Act of 1937 solely for public housing agencies and qualified nonprofit organizations to provide tenant-based rental assistance for families leaving a residence due to domestic violence. Subtitle B: Full Faith and Credit for Protection Orders - Amends Federal criminal law to require the Attorney General to reduce the amount of certain grants to any State that fails to comply with Federal full faith and credit requirements for protection orders. (Sec. 412) Authorizes the Attorney General to provide grants to assist governmental entities to develop and strengthen law enforcement and recordkeeping strategies to enforce protective orders issued by other governmental entities. Authorizes appropriations. Subtitle C: Victims of Abuse Insurance Protection - Victims of Abuse Insurance Protection Act - Prohibits an insurer from denying or restricting insurance coverage on the basis that the applicant or insured (or any employee or associated person) is, has been, or may be the subject of abuse or has incurred or may incur abuse-related claims. Confers enforcement jurisdiction upon the Federal Trade Commission. Authorizes a private cause of action by an applicant or insured adversely affected by a violation of this Act. Subtitle D: National Summit on Sports and Violence - Expresses the sense of the Congress that: (1) a national summit should be promptly convened to develop a multifaceted action plan to deter acts of violence, especially domestic violence and sexual assault; (2) the members of such summit should include sports, community, political, and media leaders, as well as Members of Congress and other governmental and community leaders with relevant expertise; and (3) summit members should assume leadership roles deterring acts of domestic violence and sexual assault. Subtitle E: Keeping Firearms from Intoxicated Persons - Amends Federal criminal law to declare unlawful the transfer of a firearm or ammunition to any person reasonably believed to be intoxicated. Subtitle F: Access to Safety and Advocacy - Access to Safety and Advocacy Act - Authorizes the Attorney General to make grants to designated grantees and services to improve legal assistance to victims of domestic violence through access to the justice system, legal advocacy, and representation. Authorizes appropriations. Subtitle G: Federal Witness Protection for Victims of Domestic Violence - Amends Federal criminal law to include victims of domestic violence within the Federal Witness Protection Program. Title V: Violence Against Women in the Military System - Subtitle A: Civilian Jurisdiction for Crimes of Sexual Assault and Domestic Violence - Amends Federal criminal law to declare that domestic violence and sexual assault offenses committed by persons formerly serving with, or presently employed by or accompanying the armed forces outside of the United States shall be subject to prosecution in the Federal District Court of the jurisdiction of origin of the person arrested. Provides for concurrent jurisdiction with other military tribunals and foreign governments. (Sec. 502) Amends Federal law governing separation from the armed forces to mandate that: (1) a copy of records of any penal action taken against the departing member of the armed forces be transmitted to the Director of the Federal Bureau of Investigation (FBI); and (2) any member convicted by court-martial of an offense of a sexual nature provide whatever specimen is necessary to conduct DNA analysis for inclusion in the Combined DNA Identification System of the FBI. Subtitle B: Transitional Compensation and Health Care for Abused Dependents of Members of the Armed Forces - Revises Federal guidelines governing transitional compensation and health care for abused dependents of former members of the armed forces. Mandates that an abused dependent of a former member be furnished with medical, dental, and mental health care in uniformed services' facilities with the same eligibility and benefits as were applicable during the former member's active service. Title VI: Preventing Violence Against Women in Traditionally Underserved Communities - Subtitle A: Older Women's Protection From Violence - Older Women's Protection From Violence Act - Chapter 1: Violence Against Women Act of 1994 - Amends the Violence Against Women Act of 1994 to direct the Attorney General to: (1) make grants to law school clinical programs to fund the inclusion of cases addressing issues of elder abuse, neglect, and exploitation, including domestic violence, and sexual assault against older individuals; and (2) develop curricula and provide for training programs in those issues for law enforcement officers and prosecutors. Authorizes appropriations. Chapter 2: Family Violence Prevention and Services Act - Amends the Family Violence Prevention and Services Act to require federally-funded State domestic violence coalitions to include within their scope of activities programs targeted to older individuals, including outreach, support groups, and counseling. (Sec. 604-3) Authorizes entities eligible for a community initiatives demonstration grant to include representatives of adult protective services entities. Chapter 3: Older Americans Act of 1965 - Amends the Older Americans Act of 1965 to direct the Assistant Secretary of Health and Human Services for Aging to consider the importance of research about the sexual assault of older women when establishing research priorities for grants or contracts for research and demonstration projects on elder abuse. (Sec. 605-3) Authorizes appropriations without fiscal year limitation for grants to implement a State long-term care ombudsman program. (Sec. 605-4) Directs such Assistant Secretary to develop curricula and implement continuing education training programs to improve the ability of health care and social services providers to recognize and address instances of elder abuse. (Sec.605-5) Directs the Assistant Secretary, when making grants and contracts, to give special consideration to projects designed to: (1) expand access to domestic violence shelters and programs for older individuals and encourage the use of certain facilities as emergency short-term shelters; and (2) promote research on legal, organizational, or training impediments to providing services to older individuals through shelters and programs. (Sec. 605-6) Authorizes appropriations for the ombudsman and the elder abuse prevention program. (Sec. 605-7) Directs the HHS Secretary to make grants to: (1) nonprofit private organizations to support projects in local communities to coordinate activities for intervention in and prevention of elder abuse, including domestic violence and sexual assault; and (2) develop outreach programs for assisting victims of elder abuse, including some for assisting individuals in certain senior housing facilities. Authorizes appropriations. Chapter 4: Public Health Service Act - Elder Abuse Identification and Referral Act of 1998 - Amends the Public Health Service Act to instruct the HHS Secretary, when awarding grants or contracts, to give preferences to health professions schools or programs that condition the awarding of their degrees or certificates upon significant student training in specified areas of elder abuse identification and treatment. Subtitle B: Protection Against Violence and Abuse for Women with Disabilities - Protections Against Violence and Abuse for Women with Disabilities Act - Makes the protection of women with disabilities eligible for grants and research under the following Acts: (1) the Omnibus Crime Control and Safe Streets Act of 1968; (2) Public Health and Human Services Act; (3) Family Violence Prevention and Services Act; (4) Safe Homes for Women Act of 1994; and Equal Justice for Women in the Courts Act of 1994. (Sec. 617) Authorizes the HHS Secretary to: (1) develop curricula and implement training programs to improve the ability of social service and health providers to recognize and address domestic violence directed against women with disabilities; and (2) make grants and enter into contracts for such training programs for health professionals. Authorizes appropriations. (Sec. 619) Directs the HHS Secretary to consider the importance of research about the sexual assault of, and violence against, women with disabilities in establishing certain research priorities. (Sec. 619-1) Authorizes the Attorney General to establish a grants program for States and nongovernmental private entities to provide education and technical assistance for information dissemination on abuse and violence against women with disabilities. Authorizes appropriations. Subtitle C: Battered Immigrant Women - Battered Immigrant Women's Protection Act - Expresses the sense of the Congress that it is contrary to the law enforcement purposes of the Violence Against Women Act for State law enforcement officers, prosecutors, or judges to: (1) inquire into the immigration status of a domestic violence victim who is seeking protection from crimes of domestic violence, battering, or extreme cruelty to herself or her children; and (2) report such victims to the Immigration and Naturalization Service. (Sec. 623) Amends the Immigration and Nationality Act to revise guidelines governing a battered spouse or child with respect to: (1) cancellation of removal and adjustment of status; (2) ineligibility for visas or admission; (3) procedures for granting immigrant status; (4) general classes of deportable aliens; (5) status adjustment of nonimmigrant to that of person admitted for permanent residence; (6) removal proceedings; and (7) married persons and employees for certain nonprofit organizations. (Sec. 630) Authorizes the Attorney General to grant certain battered applicants documentation signifying authorization of employment during the pendency of their application. (Sec. 631) Amends the Privacy Act of 1974 to permit Federal agency disclosure of records to the spouse or child of a naturalized citizen or lawful permanent resident who requests information from the Immigration and Naturalization Service regarding the immigration status of their spouse or parent, or who needs to obtain documentation for an immigration case or domestic violence-related judicial procedure. Excludes from such disclosure the records of victims of battering or extreme cruelty by a spouse or parent. (Sec. 632) Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to redefine "qualified alien" to include certain battered aliens for purposes of welfare and public benefits eligibility. Amends the Housing and Community Development Act of 1980, the Social Security Act, and the United States Housing Act of 1937, to declare restrictions on the use of assisted housing inapplicable to certain battered aliens. (Sec. 633) Amends the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1998 to provide that requirements and restrictions placed upon Legal Services Corporation funding shall not be construed to prohibit a recipient from providing related legal assistance to certain aliens who have been battered or subjected to extreme cruelty. (Sec. 634) Amends the Act to require each branch of the U.S. military to train its supervisory military officers in domestic violence dynamics in military families, and the protections available for battered immigrant women and children. Expands the purposes of training grants to combat violent crimes against women to include: (1) training immigration and asylum officers and judges; and (2) training justice system personnel on the judicial ramifications of the Violence Against Women Act, and the potential immigration consequences for perpetrators of domestic violence. (Sec. 635) Amends the Immigration and Nationality Act to express the intent of the Congress that statutory constraints upon the powers of immigration personnel not be construed as discouraging crime and domestic violence victims from reporting crimes to the police, from cooperating in criminal prosecutions, or from obtaining the legal relief needed for protection from ongoing violence. Subtitle D: Conforming Amendments to the Violence Against Women Act - Amends the Act to make technical and conforming amendments with respect to law enforcement and prosecution grants. Title VII: Violence Against Women and the Workplace - Subtitle A: National Clearinghouse on Domestic Violence and Sexual Assault and the Workplace Grant - Authorizes the Attorney General to award a grant to a private non-profit entity, including one operating within the boundaries of an Indian reservation, to provide for establishment of a national clearinghouse and resource center to disseminate information and assistance to employers and labor organizations responding to victims of domestic violence and sexual assault. Authorizes appropriations. Subtitle B: Victims' Employment Rights - Victims' Employment Rights Act - Prohibits an employer from taking any adverse job action against an employee based upon such employee's status, experience, or condition as a victim of crime, even if the crime alleged does not result in criminal prosecution or conviction. Prohibits any adverse job action for an employee's participation in related judicial proceedings requiring absence from work. Prescribes enforcement guidelines, including civil action by an affected employee for actual and treble punitive damages. Subtitle C: Workplace Violence Against Women Prevention Tax Credit - Workplace Violence Against Women Prevention Tax Credit Act - Amends the Internal Revenue Code to allow an employer a workplace safety program tax credit for 40 percent of the costs of implementing workplace safety and education programs to combat violence against women. Subtitle D: Battered Women's Employment Protection - Battered Women's Employment Protection Act - Amends the Internal Revenue Code of 1986 to provide for unemployment compensation for separation from employment as a direct result of an employee's experience of domestic violence. (Sec. 743) Amends the Social Security Act to provide for the training of claims reviewers and hearing personnel in the nature and dynamics of domestic violence, and in methods of ascertaining and keeping confidential information about domestic violence experiences so that employment separations stemming from such violence are identified and adjudicated while full confidentiality is provided for the employee's claim and submitted evidence. (Sec. 744) Amends the Family and Medical Leave Act of 1993 and the provisions concerning Federal employees to establish an entitlement for leave resulting from certain domestic violence situations. Prescribes confidentiality guidelines for an employee's situation of domestic violence. Requires that employees, under State law, be permitted to use existing leave for domestic violence situations. Empowers the Secretary of Labor to enforce the entitlement for leave due to an employee's domestic violence situation. Subtitle E: Education and Training Grants to Promote Responses to Violence Against Women - Authorizes the Attorney General to award grants to public and private nonprofit, nongovernmental organizations for the education and training of individuals who, as a result of their employment responsibilities, are likely to come into contact with victims of domestic violence or sexual assault. Authorizes appropriations. Subtitle F: Workers' Compensation - Expresses the sense of the Congress that State workers' compensation laws should: (1) provide benefits to eligible female victims of workplace violence, including full compensation for physical and nonphysical injuries; and (2) permit the employee to pursue an action at law (other than statutory workers' compensation benefits) against an employer's role in the act of workplace violence. Title VIII: Educational Institutions and Violence Against Women - Subtitle A: Grants to Reduce Violent Crimes Against Women on Campus - Amends the Act to authorize Department of Education grants to institutions of higher education for campus personnel and student organizations, and nonprofit, nongovernmental victim services programs to provide personnel, training, technical assistance, data collection, and other equipment for the more widespread apprehension, investigation, and adjudication of persons committing violent crimes against women on campus. (Sec. 801) Authorizes the Secretary of Education to request any Federal agency to use its authorities and resources in support of campus security, investigation, and victim services efforts. (Sec. 802) Directs the Secretary to provide for, and report to the Congress on, a national baseline study of university campus procedures when receiving a sexual assault report. Subtitle B: Student Safety - Student Safety Act - Amends the Higher Education Act of 1965 to: (1) revise guidelines governing crime logs and annual statistics of criminal offenses on campus; (2) exclude from educational records open to parental review specified records of campus disciplinary proceedings or criminal activity; and (3) modify eligibility criteria for Federal student financial aid services to require institution certification of comprehensive and accurate crime statistics. (Sec. 815) Requires the Attorney General and the Secretary of Education to publish annually and transmit to certain congressional committees and the general public a report identifying model programs for improving campus safety. Subtitle C: Violence Against Women Training for Health Professions - Violence Against Women Training for Health Professions Act - Amends the Public Health Service Act to direct the HHS Secretary, when making health care grants for rural areas, to give preference to a health professions entity that requires, as a condition of receiving a degree or certificate, each student to have had significant training in identification, examination, treatment, and referral of victims of domestic violence and sexual assault. Subtitle D: Campus Hate Crimes Right to Know - Campus Hate Crimes Right To Know Act - Amends the Higher Education Act of 1965 to mandate the separate collection and categorization of on-campus criminal offenses statistics that manifest prejudice based on race, gender, religion, sexual orientation, ethnicity, or disability. Title IX: Violence Against Women Intervention, Prevention, and Education Research - Amends the Violence Against Women Act of 1994 to direct the HHS Secretary and the Attorney General to establish a multi-agency task force coordinating research on violence against women. Authorizes appropriations. (Sec. 901) Directs the Department of Health and Human Services to make grants to entities to: (1) support research to further the understanding of the causes of violent behavior against women; and (2) evaluate education, prevention, and intervention programs. Authorizes appropriations. Directs the Departments of Health and Human Services and of Justice to make grants to domestic violence and sexual assault organizations, research organizations and academic institutions to expand knowledge about violence against women, with a particular emphasis on exploring such issues as they affect underserved communities. Authorizes appropriations. Directs the United States Sentencing Commission to study and report to the Congress on specified aspects of domestic violence. Directs the Secretary to award grants to designated entities to gather data on the experiences of women and girls who become pregnant as a result of sexual assault within State health care, judicial, and social services systems. Authorizes appropriations. Instructs the Attorney General to conduct a national study and report to the Congress on laws regarding rape and sexual assault offenses and their effectiveness in addressing those crimes and protecting the victims. Authorizes appropriations. Directs the Secretary and the Attorney General to establish three research centers to: (1) support the development of research and training programs that focus on violence against women; (2) provide collaboration mechanisms between researchers and practitioners; and (3) provide technical assistance for integrating research into service provision. Authorizes appropriations.
Bill· HRH.R. 3521 (105th)referred
United States · United States Congress · 19 March 1998
Authorizes the Secretary of the Army to convey to the Greeneview Local School District of Jamestown, Ohio, the Army Reserve Center in Jamestown, to be used for the benefit of students of Greeneview schools.
Bill· HRH.R. 3515 (105th)referred
United States · United States Congress · 19 March 1998
Excludes from income for purposes of the determination of a veteran's non-service-connected disability pension amounts received as part of a: (1) judgment against the Secretary of Veterans Affairs for damages of $25,000 or less; or (2) settlement or compromise under the Federal Tort Claims Act.
Bill· HRH.R. 3523 (105th)referred
United States · United States Congress · 19 March 1998
Health Care Claims Guidance Act - Amends Federal law relating to claims against the U. S. Government to prohibit any action under such provisions based on a claim submitted: (1) under a federally funded health care program unless the amount of damages alleged is a material amount; (2) in reliance on erroneous information supplied by a Federal agency or in reliance on written statements of Federal policy which affects such claim provided by a Federal agency; or (3) by a person that is in substantial compliance with a model compliance plan issued by the Secretary of Health and Human Services (in consultation with the Secretary of Defense). Requires that the Government prove an allegation of a false health care claim by clear and convincing evidence. Defines, for the amendments made by this Act, "federally funded health care program" to mean a program that provides health benefits, directly or otherwise, established under Social Security Act titles XVIII (Medicare), XIX (Medicaid), or XXI (Children's Health Insurance) or provisions of Federal law relating to the armed forces.
Bill· HRH.R. 3527 (105th)open
United States · United States Congress · 19 March 1998
Amends Federal law to prohibit the Department of the Interior from imposing fees for entrance to the City Point Unit of Petersburg National Battlefield, in the city of Hopewell, Virginia, unless: (1) the Secretary of the Interior has reimbursed the city for obligations and expenditures incurred for rehabilitation of National Park Service property located in the Unit adjacent to the James River; or (2) the fee does not apply to entrance by a city resident.
Bill· SS. 1794 (105th)referred
United States · United States Congress · 18 March 1998
Gulf War Veterans' Iraqi Claims Protection Act of 1998 - Authorizes the Foreign Claims Settlement Commission of the United States (U.S. Commission) to receive and determine the validity of claims by U.S. nationals against the Government of Iraq, giving first priority to non-commercial claims of members of the U.S. armed forces and other individuals arising out of Iraq's invasion and occupation of Kuwait, or out of the 1987 attack on the USS Stark. Authorizes the Secretary of the Treasury to establish in the Treasury an Iraq Claims Fund for the payment of such claims. Authorizes the President, subject to specified limitations, to vest and liquidate Iraqi Government assets in the United States that have been blocked pursuant to the International Emergency Economic Powers Act, and allocate the proceeds to the Fund to satisfy claims against the Government of Iraq by U.S. nationals, as well as claims of the U.S. Government that are outside the jurisdiction of the United Nations Compensation Commission. Provides for the reimbursement to the U.S. Government of expenses incurred in administering this Act. Establishes an order of priority for payment of claims. Directs the U.S. Commission to certify to the Secretary each award made under this Act. Sets forth a ten-year statute of limitations on any demand or claim for the payment of such an award.
Bill· HRH.R. 3484 (105th)referred
United States · United States Congress · 18 March 1998
Gulf War Veterans' Iraqi Claims Protection Act of 1998 - Authorizes the Foreign Claims Settlement Commission of the United States (U.S. Commission) to receive and determine the validity of claims by U.S. nationals against the Government of Iraq, giving first priority to non-commercial claims of members of the U.S. armed forces and other individuals arising out of Iraq's invasion and occupation of Kuwait, or out of the 1987 attack on the USS Stark. Authorizes the Secretary of the Treasury to establish in the Treasury an Iraq Claims Fund for the payment of such claims. Authorizes the President, subject to specified limitations, to vest and liquidate Iraqi Government assets in the United States that have been blocked pursuant to the International Emergency Economic Powers Act, and allocate the proceeds to the Fund to satisfy claims against the Government of Iraq by U.S. nationals, as well as claims of the U.S. Government that are outside the jurisdiction of the United Nations Compensation Commission. Provides for the reimbursement to the U.S. Government of expenses incurred in administering this Act. Establishes an order of priority for payment of claims. Directs the U.S. Commission to certify to the Secretary each award made under this Act. Sets forth a ten-year statute of limitations on any demand or claim for the payment of such an award.
Bill· SS. 1768 (105th)open
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.
Resolution· SRESS.Res. 196 (105th)passed
United States · United States Congress · 17 March 1998
Declares that the Senate: (1) expresses gratitude to, and calls upon all Americans to show their gratitude to, John McCain and the men who were held as prisoners of war during the Vietnam conflict and for the return of Senator McCain to the United States; and (2) will not forget that more than 2,000 members of the armed forces remain unaccounted for from such conflict and will continue to press for the fullest accounting for such members.
Bill· HRH.R. 3474 (105th)referred
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.
Law· SS. 1754 (105th)enacted
United States · United States Congress · 12 March 1998
TABLE OF CONTENTS: Title I: Health Professions Education and Financial Assistance Programs Subtitle A: Health Professions Education Programs Subtitle B: Nursing Workforce Development Subtitle C: Financial Assistance Title II: Office of Minority Health Title III: Selected Initiatives Title IV: Miscellaneous Provisions Health Professions Education Partnerships Act of 1998 - Title I: Health Professions Education and Financial Assistance Programs - Subtitle A: Health Professions Education Programs - Amends the Public Health Service Act to replace provisions relating to the training of health personnel from disadvantaged backgrounds with provisions mandating grants for programs of excellence in health professions education for underrepresented minority individuals, including to develop large applicant pools, enhance academic performance, train, recruit, and retain faculty, improve resources and curricula, and facilitate research. Authorizes appropriations. Authorizes grants to specified types of health professions schools for scholarships for students from disadvantaged backgrounds who have a financial need for a scholarship, with grant priority based on the proportion of graduates going into primary care, the proportion of underrepresented minority students, and the proportion of graduates working in medically underserved communities. Authorizes appropriations. Mandates a program of contracts for educational loan repayment (for individuals from disadvantaged backgrounds) in return for service as faculty members at specified types of health professions schools. Authorizes appropriations. Authorizes grants and contracts to increase the number of underrepresented minority faculty members. Authorizes appropriations. Authorizes grants and contracts to assist individuals from disadvantaged backgrounds to undertake education to enter a health profession and for scholarships for health professions education. Authorizes appropriations. Repeals provisions relating to obligated service regarding certain programs. (Sec. 102) Repeals provisions relating to area health education center programs. Modifies provisions relating to training in family medicine by adding: (1) references to internal medicine and general pediatrics; (2) provisions regarding the training of physician assistants; and (3) provisions regarding programs of general or pediatric dentistry. Authorizes appropriations. Repeals provisions regarding: (1) training in internal medicine, general pediatrics, general dentistry, physician assistants, and podiatric medicine; and (2) traineeships, fellowships, and the amount of grants. Establishes the Advisory Committee on Training in Primary Care Medicine and Dentistry. (Sec. 103) Replaces provisions relating to training in certain health professions with provisions requiring that, in order to receive assistance under the amendments made by this section, an academic institution use the assistance in collaboration with two or more disciplines. Requires the recipient to carry out innovative demonstration projects for strategic workforce supplementation to meet national goals for interdisciplinary, community-based linkages. Mandates grants and contracts for area health education center programs meeting certain objectives, including recruiting and training health professionals from and for underserved areas and underserved populations. Requires that, in order to be eligible for funds under this paragraph, a health education training center be an entity otherwise eligible for funds under the paragraph immediately above and meet other specified requirements, including addressing persistent and severe unmet health care needs in States bordering the United States and Mexico, in Florida, and other areas. Requires that funding be made available. Mandates grants and contracts for the establishment or operation of geriatric education centers. Authorizes grants and contracts for geriatric training projects to train physicians, dentists, and behavioral and mental health professionals who plan to teach geriatric medicine, geriatric behavioral or mental health, or geriatric dentistry. Mandates a program to provide Geriatric Academic Career Awards to promote the career development of individuals as academic geriatricians. Requires Award recipients to provide clinical geriatrics training. Authorizes grants or contracts to help fund interdisciplinary training projects involving: (1) training health practitioners for rural areas; (2) demonstrating cost-effective comprehensive health care; (3) delivering rural health care; (4) enhancing rural health care research; and (5) recruiting and retaining practitioners from rural areas and making rural practice more attractive. Allows the use of student stipends, post-doctoral fellowships, faculty training, and the purchase or rental of transportation and telecommunication equipment. Authorizes grants or contracts for: (1) expanding or establishing programs to increase the number of allied health professionals; (2) projects in preventive and primary care training for podiatric physicians in residency programs providing traineeships; and (3) demonstration projects involving collaboration between chiropractors and physicians to identify and provide effective treatment for spinal and lower back conditions. Mandates establishment of the Advisory Committee on Interdisciplinary, Community-Based Linkages. Authorizes appropriations to carry out this section. (Sec. 104) Replaces provisions relating to special training projects with provisions authorizing grants or contracts for information collection, analysis, research, and the development of a non-Federal analytic and research infrastructure, all related to the health professions workforce, related issues, and future directions. Authorizes appropriations. Amends the Health Professions Education Extension Amendments of 1992 to extend the dates for the final report and termination of the Council on Graduate Medical Education. Allows amounts otherwise appropriated under specified provisions to be used to support the Council's activities. Transfers the amended provisions to the Public Health Service Act. (Sec. 105) Amends the Public Health Service Act to authorize grants or contracts: (1) to increase the public health workforce and enhance its quality and ability to meet health care needs; and (2) for the operation of public health training centers. Authorizes grants for graduate or specialized training in public health, to assist in providing traineeships in health professions fields in which there is a severe shortage of health professionals. Authorizes grants and contracts for residency programs in preventive medicine and dental public health and related financial assistance to residency trainees. Authorizes grants for: (1) traineeships in health administration, hospital administration, or health policy analysis and planning; and (2) related preparation of students for employment with public or nonprofit private entities. Authorizes appropriations to carry out this section. (Sec. 106) Repeals or removes provisions of the Public Health Service relating to: (1) research on certain health professions issues; (2) chiropractic demonstration projects; (3) the submission of specified information in conjunction with applications for grants or contracts; and (4) the development and publication of certain statistics, the handling of certain personal data, and the submission of certain reports. Imposes new application requirements and lists permitted uses of funds. Requires competitive awarding of grants and contracts. Adds professional counselors to the list of health professions personnel about whom information may be collected and analyzed. (Sec. 107) Requires that programs that have graduated less than three classes be given funding priority if they meet certain criteria relating to serving underserved populations or underserved communities. (Sec. 108) Adds references to behavioral health and to counseling to various generally applicable to health professions education provisions. Includes in the definition of "medically underserved community" an area or population designated by a State governor as a shortage area or medically underserved community. Modifies the definition of "program for the training of physician assistants." Subtitle B: Nursing Workforce Development - Nursing Education and Practice Improvement Act of 1998 - Replaces Public Health Service Act title VIII (Nurse Education) (except provisions relating to student loans, the loan repayment program, and sex discrimination) with a new title on nursing workforce development. Requires that grants and contracts be awarded competitively. Authorizes grants and contracts to: (1) enhance advanced practice nursing education and practice and traineeships for individuals in advanced practice nursing programs; (2) increase nursing education opportunities for individuals from disadvantaged backgrounds by providing scholarships or stipends, pre-entry preparation, and retention activities; and (3) strengthen capacity for basic nurse education and practice. Authorizes appropriations. Establishes the National Advisory Council on Nurse Education and Practice. Subtitle C: Financial Assistance - Chapter 1: School-Based Revolving Loan Funds - Modifies requirements: (1) schools must (in order to participate in the student loan program under specified provisions) meet regarding the percentages of graduates going into primary care; and (2) regarding student noncompliance with loan agreements. Removes a requirement for an annual report to specified congressional committees regarding administration of provisions relating to student loan funds in the context of medical schools and primary care. (Sec. 132) Extends the authorization of appropriations for Federal capital contributions to student loan funds under provisions relating to students from disadvantaged backgrounds. Repeals the authorization effective October 1, 2002. (Sec. 133) Allows loan repayment to be extended for up to ten years in specified circumstances. Increases minimum principal and interest payments. Prohibits, notwithstanding any other provisions of Federal or State law, any limit on the period within which a nursing school may seek repayment. Specifies the consequences (applicable if so provided in the agreement) imposed on default concerning an agreement to provide service in consideration for an award of Federal funds regarding nursing education. (Sec. 134) Modifies provisions controlling the maximum limit on a loan made to a student for a school year. Allows repayment to be made over ten to 25 (currently, over ten) years, at the option of the institution. Increases minimum principal and interest payments. Prohibits, notwithstanding any other provisions of Federal or State law, any limit on the period within which a nursing school may seek repayment. Sets a deadline for obligation of amounts from student loan funds under certain provisions that are returned to the Secretary by health professions schools. Chapter 2: Insured Health Education Assistance Loans to Graduate Students - Authorizes loan payment deferral for up to three years while the borrower is providing health care services to Indians through an Indian health program. Removes a requirement that the Office for Health Education Assistance Loan Default Reduction submit an annual report to specified congressional committees. Allows collection of loan balances after the borrower's death. Limits the maximum annual dollar amount of a loan to a student in a graduate program in behavioral and mental health practice, including clinical psychology, and includes institutions offering such programs in the definition of "eligible institution." (Sec. 142) Removes provisions mandating performance standards for lenders and holders of loans. Allows Federal payment of the loan after default, unless the lender, holder, or servicer has a compliance performance rating under 97 percent, in which case payment must be made at 98 percent of the loss. (Sec. 143) Sets forth maximum limits for specified fiscal years on the total principal amount of new loans made and installments paid pursuant to lines of credit to borrowers covered by Federal loan insurance under provisions relating to insured health education assistance loans to graduate students. (Sec. 144) Allows, notwithstanding any other provision of Federal or State law, an insured loan to be discharged in bankruptcy. (Current law allows such discharge, but makes no reference to other provisions of law.) (Sec. 145) Prohibits construing specified provisions as prohibiting refinancing of a single loan. Title II: Office of Minority Health - Modifies the duties of the Office of Minority Health. Establishes the Advisory Committee on Minority Health. Requires that grants, cooperative agreements, and contracts be awarded on a competitive basis. Authorizes appropriations: (1) for the Office; and (2) to enable the National Center for Health Statistics to collect data on Hispanics and American Indians and to develop special area population studies on major Asian American and Pacific Islander populations. Locates the Office in the Office of Public Health and Science (currently, in the Office of the Assistant Secretary for Health). Title III: Selected Initiatives - Amends provisions relating to grants to States for operation of offices of rural health to remove a requirement that non-Federal matching funds be in cash. Extends the authorization of appropriations. Increases the dollar appropriation level after which additional grants are prohibited. (Sec. 302) Removes the minimum and maximum limits on the number of grants to States for certain programs concerning Alzheimer's disease or related disorders. Allows respite care under such programs to be provided to individuals living in single family homes or in congregate settings. Allows grant funds to be used to improve access to home-based or community-based long-term care services. Removes a grant duration limitation. Extends the authorization of appropriations. (Sec. 303) Extends the authorization of appropriations for immunization program grants for no-charge immunizations for children, adolescents, and adults (currently, for individuals). Title IV: Miscellaneous Provisions - Deems active service of Public Health Service commissioned officers to be active military service in the U.S. armed forces for purposes of all laws regarding discrimination on the basis of race and other specified factors. Authorizes leave without pay status for attendance at an educational institution or training program when it is in the best interest of the Service. Declares that provisions mandating confidentiality of certain substance abuse records do not apply to any interchange of records within the uniformed services (currently, within the armed forces). (Sec. 403) Requires that a person who has received a clinical traineeship in counseling under specified provisions serve for specified periods. (Sec. 404) Extends the authorization of appropriations for grants for screenings, referrals, and education regarding lead poisoning. (Sec. 405) Extends the authorization of appropriations for grants for the prevention, control, and elimination of tuberculosis. Authorizes the set-aside of a specified percentage (currently, a specified dollar amount) for areas with a substantial number of, or a substantial rate of increase in, cases. (Sec. 406) Authorizes establishment of technical and scientific peer review groups and scientific program advisory committees as needed to carry out the functions of the Centers for Disease Control and Prevention. (Sec. 407) Amends the Family Violence Prevention and Services Act to authorize appropriations to carry out provisions regarding grants for community projects to coordinate intervention and prevention of domestic violence. Provides for a study of the training needs of health professionals concerning the detection and referral of victims of family or acquaintance violence. (Sec. 408) Amends the Public Health Service Act to extend the authorization of appropriations for grants for programs to increase the availability of primary health services in health professional shortage areas. (Sec. 409) Allows reservation of up to $2.5 million (currently, requires reservation of $5 million) for construction, renovation, or other improvement of regional centers for primate research. (Sec. 410) Allows a grant or cooperative agreement (currently, a grant, cooperative agreement, or contract), the direct cost of which exceeds $50,000, to be made only if it is recommended after peer review and by the appropriate advisory council. (Sec. 411) Extends the authorizations of appropriations to carry out specified provisions relating to trauma care and to health information and health promotion. (Sec. 413) Limits grants for emergency medical services for children to three years with an optional fourth year (currently, to two years). Allows only three (currently, one) grant in a State per fiscal year. Extends the authorization of appropriations. (Sec. 414) Amends the National Institutes of Health Revitalization Act of 1993 to remove provisions requiring that entities receiving funds under that Act comply with specified provisions of the Act popularly known as the Buy American Act. (Sec. 415) Amends Public Health Service Act provisions relating to the determination of the amount of grants to States to improve the quality, availability, and organization of health care and support services for individuals and families with HIV disease to list the Virgin Islands and Guam with States. (Currently, they are listed with U.S. territories. Listing them with States changes the formula used for determining the amount of grants.)
Bill· SS. 1751 (105th)referred
United States · United States Congress · 12 March 1998
Amends the Combatting Proliferation of Weapons of Mass Destruction Act of 1996 to extend until 18 months after the first meeting of the Commission to Assess the Organization of the Federal Government to Combat the Proliferation of Weapons of Mass Destruction the due date of the Commission's report concerning the organization of the Federal Government, including the intelligence community, in combatting the proliferation of weapons of mass destruction.
Bill· HRH.R. 3444 (105th)referred
United States · United States Congress · 12 March 1998
Amends Federal veterans' benefits provisions to require (current law authorizes) the Secretary of Veterans Affairs, in the case of past-due benefits awarded to an individual in a veterans' claims adjudication, to direct that the payment of attorney's fees (not to exceed 20 percent of such award) be made out of such past due benefits.
Bill· SS. 1746 (105th)referred
United States · United States Congress · 11 March 1998
Removes the requirement that the Secretary of Veterans Affairs provide not less than 40 full-time positions in the Office of the Inspector General of the Department of Veterans Affairs in addition to the number of such positions in such Office on March 15, 1989.
Bill· SS. 1744 (105th)referred
United States · United States Congress · 11 March 1998
Redesignates the: (1) National Cemetery System of the Department of Veterans Affairs as the National Cemetery Administration; and (2) position of Director of the System as the Assistant Secretary for Memorial Affairs.
Bill· SS. 1745 (105th)referred
United States · United States Congress · 11 March 1998
Authorizes the Board of Veterans' Appeals to consider and decide an appeal later than its place on the docket if such delay is necessary to provide the appellant a hearing. Requires hearings held in areas served by a Department of Veterans Affairs regional office to be heard in accordance with the case's place on the Board's docket. Allows such hearings to be advanced on motion for an earlier hearing for good cause shown.