Defence

A bill to amend title 38, United States Code, to authorize memorialization of deceased spouses and surviving spouses of veterans and deceased members of the Armed Forces whose remains are not available for interment.

United States · United States Congress · 11 March 1998

Directs the Secretary of Veterans Affairs to furnish a memorial headstone or marker for a deceased spouse or surviving spouse of a veteran whose remains are not available for interment (currently, only furnished for the veteran). Includes as a surviving spouse an unremarried surviving spouse who has a subsequent remarriage which was terminated by death or divorce. Directs the Secretary, when a memorial or marker has been furnished for a veteran, to add, when feasible, an inscription memorializing such veteran's surviving spouse in lieu of furnishing a headstone or marker for such spouse. Requires the erection of appropriate group memorials to honor the memory of such persons and of veterans who are missing in action.

Military Retirees Fairness Act of 1998

United States · United States Congress · 11 March 1998

Military Retirees Fairness Act of 1998 - States that the prohibition on the concurrent receipt of military retired pay and veterans' disability compensation shall not apply in the case of a person who has a service-connected disability if: (1) the person has completed at least 20 years of retirement-creditable military service; (2) the disability was incurred or aggravated in the line of duty; and (3) the person has attained the age of 65. Allows such a person, in addition to receiving the full amount of military retired pay, to receive: (1) 50 percent of the authorized veterans' disability compensation due, if such person is at least 65 but not yet 70; and (2) 100 percent, if such person is 70 or older. Requires military retired pay paid concurrently with disability compensation to be paid out of funds appropriated to the Department of Defense for that fiscal year. Makes the concurrent payment provisions effective for months beginning on and after October 1998, with a prohibition against the payment of retroactive benefits.

A bill to allow the National Park Service to acquire certain land for addition to the Wilderness Battlefield, as authorized by Public Law 102-541, by purchase or exchange as well as by donation.

United States · United States Congress · 10 March 1998

Amends Federal law to remove a provision that permits lands included within the Fredericksburg and Spotsylvania County Battlefields Memorial National Military Park (Wilderness Battlefield), Virginia, to be acquired only by donation.

To require additional public education, outreach, and participation with respect to the disposal of napalm and certain other materials owned or controlled by the Department of Defense, and for other purposes.

United States · United States Congress · 5 March 1998

Directs the Secretary of Defense to inform the public through an outreach program in communities near a disposal site (within ten miles) and along the disposal shipment route no later than 120 days before the disposal of: (1) napalm; (2) any material that includes polystyrene, gasoline, and benzene; (3) ammunition larger than small- caliber ammunition; or (4) explosives. Requires the Secretary to: (1) establish near the disposal site an outreach office (staffed by Department of Defense personnel) and information repositories; (2) provide a mobile outreach unit to service communities near the site; and (3) establish a Citizens' Advisory Committee to study and comment on disposal issues of concern to the community. Requires the Secretary, before carrying out a disposal project, to certify the training adequacy and capabilities of entities that are likely to respond to an emergency. Directs the Secretary to obtain from the: (1) Secretary of Health and Human Services (HHS) a certification that the health and welfare of the public and of workers are protected near the site and along the route; and (2) Occupational Safety and Health Administration a certification that the site is safe for disposal workers and that such workers are properly trained for such work. Requires the Secretary, after soliciting appropriate comments, to complete an environmental impact statement for any such disposal project. Directs the Secretary to provide funds to the HHS Secretary to monitor, collect, and review air, soil, and water samples near the site and along the route to ensure the protection during the project of human health and the environment. Requires the Secretary, before carrying out any such project, to study and test alternative technologies for the disposal. Directs the Secretary to obtain scientific and technical advice regarding such disposals from the National Academy of Sciences and to provide funds to the Academy to investigate the safety and performance of any disposal project. Requires the Secretary, for any such project, to develop a master implementation plan, with weekly plan updates, to be made available to the public through the information repositories required under this Act.

Next Generation Internet Research Act of 1998

United States · United States Congress · 4 March 1998

Next Generation Internet Research Act of 1998 - Declares the purposes of this Act to be to: (1) authorize research programs related to high-end computing and computation, human-centered systems, high confidence systems, and education, training, and human resources; and (2) provide for the development and coordination of a comprehensive and integrated U.S. research program on computer network infrastructure, high-speed data access, and networking technology. Amends the High-Performance Computing Act of 1991 (HPCA) to direct that the National High-Performance Computing Program provide for: (1) the development of technologies to advance Internet capacity and capabilities; and (2) high-performance testbed networks to develop and demonstrate advanced networking technologies and related advanced applications. Authorizes the National Science Foundation, the Departments of Defense, Energy, and Commerce, the National Aeronautics and Space Administration, and other participating agencies to support the Next Generation Internet Program (Program), with specified objectives for increasing Internet capabilities as well as the development of other networking technologies. Directs the Advisory Committee on High-Performance Computing and Communications, Information Technology, and the Next Generation Internet (created under the HPCA) to assess and make recommendations concerning the extent to which: (1) the Program carries out the purposes of this Act and addresses concerns relating to geographic penalties (costs imposed on Internet users in rural or small population areas that are greater than those imposed on users in large population areas or areas closer to network facilities) and technology transfer to and from the private sector; and (2) the role of each Federal department and agency involved in implementing the Program is clear, complementary, and non-duplicative. Requires the Advisory Committee to assess Program implementation and report at least annually to the President and specified congressional committees. Authorizes appropriations for FY 1999 and 2000 for the Program.

To name the Department of Veterans Affairs medical center in Gainesville, Florida, as the "Malcom Randall Department of Veterans Affairs Medical Center".

United States · United States Congress · 4 March 1998

Designates the Department of Veterans Affairs medical center in Gainesville, Florida, as the Malcom Randall Department of Veterans Affairs Medical Center.

To repeal the prohibition on the use of Robert Gray Army Airfield at Fort Hood, Texas, by civil aviation.

United States · United States Congress · 4 March 1998

Amends the National Defense Authorization Act for Fiscal Year 1987 to repeal a provision prohibiting the joint military and civil aviation use of the Robert Gray Army Airfield at Fort Hood, Texas.

Persian Gulf Veterans Act of 1998

United States · United States Congress · 26 February 1998

Persian Gulf Veterans Act of 1998 - Presumes to be service-connected (and therefore compensable or treatable under Federal veterans' benefits provisions) a disease or disability occurring in a Persian Gulf War veteran that: (1) the Secretary of Veterans Affairs determines to have a positive association with exposure to a biological, chemical, or other toxic agent or environmental or wartime hazard (agent or hazard) associated with service in the southwest Asia theater of operations during the Persian Gulf War; and (2) becomes manifest in a Gulf War veteran within a period to be prescribed by the Secretary. Requires such presumption even though there is no record of evidence of such disease or disability in the veteran during the period of service. Provides the same presumption for diseases and disabilities determined to be positively associated with such service by reason of having a prevalence among Persian Gulf veterans greater than such prevalence among matched peers who are veterans or active duty servicemembers of the same era who were neither deployed nor vaccinated for deployment (and which becomes manifest within the prescribed period). Requires the Secretary to make the above determinations based on sound medical and scientific evidence and within 60 days after receipt of reports submitted by the National Academy of Sciences (NAS) as required under this Act. (Sec. 3) Directs the Secretary to enter into an agreement under which NAS shall: (1) identify the agents or hazards to which Gulf War veterans may have been exposed; (2) identify the diseases that are manifest in such members; and (3) determine whether a disease occurs in a Persian Gulf veteran with a greater prevalence than in matched peers who were neither deployed nor vaccinated for deployment. Directs NAS to determine whether a statistical association exists between exposure to such agent or hazard and the disease, separately review potential treatment models and evolving technologies to identify such diseases, make recommendations for additional studies, perform subsequent reviews of available evidence and data, and report to the Secretary, the Secretary of Defense, and the veterans and defense committees (designated committees) concerning NAS activities under this Act. Terminates requirements and activities under this Act ten years after NAS submits its first report. Requires the Secretary to enter into an agreement with an alternative scientific organization if agreement cannot be reached with NAS. (Sec. 4) Directs the Secretary to develop and implement a plan for the establishment and operation of a single computerized information database for the collection, storage, and analysis of information on diseases of, and treatment provided to, Gulf War veterans. Requires such plan to be submitted to the Secretary of Defense, NAS, and the designated committees. Directs NAS to evaluate and report on such plan. Requires the Secretary to: (1) continually compile and analyze all appropriate clinical data contained in the database; and (2) report annually, along with the Secretary of Defense, to the designated committees with respect to such data analysis. (Sec. 5) Directs the Secretary to carry out a research program of the evolving technologies available to measure the exposure to certain agents or hazards associated with Gulf War service, as well as the diagnosis of diseases resulting from such exposure. Directs the Secretary and the Secretaries of Defense and Health and Human Services to jointly report to the designated committees on research results. (Sec. 6) Directs the Secretary and the Secretary of Defense to carry out an ongoing program to provide Gulf War veterans with information relating to: (1) any health risks determined to be associated with Persian Gulf service; and (2) any services or benefits available with respect to such health risks.

Proposing an amendment to the Constitution of the United States with respect to tax limitations.

United States · United States Congress · 26 February 1998

Constitutional Amendment - Requires that a bill to increase the internal revenue shall laws shall require for final adoption in each House the concurrence of two-thirds of the whole of the number of that House, unless the bill does not increase the internal revenue by more than a de minimis amount. Permits the waiver of such requirement, for up to two years, if there is a declaration of war or if the United States is engaged in a military conflict which causes an imminent and serious threat to national security and is so declared by a joint resolution which becomes law.

Directing the President pursuant to section 5(c) of the War Powers Resolution to remove United States Armed Forces from the Republic of Bosnia and Herzegovina.

United States · United States Congress · 26 February 1998

Directs the President to remove U.S. armed forces from the Republic of Bosnia and Herzegovina by June 30, 1998 (unless the President requests and the Congress authorizes a later date), except for a limited number of members of the armed forces sufficient only to protect U.S. diplomatic facilities and citizens, and noncombatant personnel to advise the North Atlantic Treaty Organization Commander in that Republic, unless and until a declaration of war or specific authorization for such use of U.S. forces has been enacted.

Expressing the sense of the Congress that the United States should not take military action against the Republic of Iraq unless that action is specifically authorized by law.

United States · United States Congress · 26 February 1998

Expresses the sense of the Congress that the United States should not take military action against Iraq unless that action is specifically authorized by a law enacted after the date of the adoption of this resolution.

Sue Bailey, of Maryland, to be an Assistant Secretary of Defense, vice Stephen C. Joseph, resigned.

United States · United States Senate · 25 February 1998

To amend title 38, United States Code, to establish an advisory board to review requests for waivers of eligibility requirements for burial in Arlington National Cemetary submitted to the Secretary of the Army.

United States · United States Congress · 24 February 1998

Establishes the Arlington National Cemetery Burial Advisory Board to: (1) review and evaluate applications for burial in such Cemetery of individuals who, in the opinion of the Superintendent of Arlington National Cemetery, do not meet its burial eligibility requirements; and (2) recommend to the Secretary of the Army that such applications be granted or denied. Requires the Board to: (1) make public all such recommendations; and (2) submit to the Congress a report explaining the reasons for each recommendation.

An original bill to encourage the disclosure to Congress of certain classified and related information.

United States · United States Congress · 23 February 1998

Directs the President to inform the employees of a covered agency (or of contractors having classified contracts with such agencies) that: (1) the disclosure to a congressional committee having as its primary responsibility the oversight of a Federal department, agency, or element of evidence of a false statement to the Congress on an issue of material fact, of gross mismanagement, waste of funds, abuse of authority, or substantial and specific danger to public health or safety, or of a violation of any law, rule, or regulation is not prohibited by law, executive order, or regulation; and (2) members of such committee are presumed to have a need to know and may receive such information only in their capacity as committee members. Defines "covered agencies" as the Central Intelligence Agency, the Defense Intelligence Agency, the National Imagery and Mapping Agency, the National Security Agency, the Federal Bureau of Investigation, and any other executive agency having as its principal function the conduct of foreign intelligence or counterintelligence activities.

A bill to amend section 2164 of title 10, United States Code, to clarify the eligibility of dependents of United States Service employees to enroll in Department of Defense dependents schools in Puerto Rico.

United States · United States Congress · 23 February 1998

Authorizes a dependent of a U.S. Customs Service employee who resides in Puerto Rico, but not on a military installation, to enroll in a Department of Defense overseas dependents' educational program in Puerto Rico. Allows such dependent to be removed from such program only for good cause as determined by the Secretary of Defense. Provides that, in the case of the death of the Customs employee in the line of duty, such dependent may remain enrolled until: (1) completion of the secondary education associated with such program; or (2) removal for good cause.

Economic Development Partnership Act of 1998

United States · United States Congress · 12 February 1998

Economic Development Partnership Act of 1998 - Amends the Public Works and Economic Development Act of 1965 (the Act) to direct the Secretary of Commerce to cooperate with States and other entities to assure that Federal economic development programs are compatible with and further the objectives of State, regional, and local economic development plans and comprehensive economic development strategies. Directs the Secretary to: (1) provide appropriate technical assistance to such entities in order to alleviate economic distress, encourage partnerships for economic development strategies, and stimulate modernization and technological advances in the generation and commercialization of goods and services; and (2) prescribe regulations for intergovernmental review of proposed economic development projects. Authorizes the Secretary to enter into appropriate economic development agreements with two or more adjoining States. Authorizes the Secretary to appoint a National Public Advisory Committee on Regional Economic Development to make recommendations to the Secretary, including regarding the coordination of activities. Authorizes the Secretary to make grants to eligible recipients (defined later under this Act) for acquisition or development of land improvements for public works, public service, or development facility usage, as well as the acquisition, design and engineering, construction, rehabilitation, alteration, expansion, or improvement of such facilities. Provides assistance conditions relating to the establishment of industrial or commercial plants and the increase of employment in the area. Prohibits more than 15 percent of the appropriations made for such assistance from being expended in any one State. Allows grants to be increased due to construction cost increases. Authorizes the Secretary to make direct grants for economic development planning and related administrative expenses. Requires such planning to be a continuous process and to be prepared as part of a comprehensive economic development strategy for the area involved. Requires State certification of an economic development plan's consistency with local and economic development district plans. Provides a Federal cost-share limit of 50 percent of project costs. Authorizes the Secretary to make supplementary grants for a project for which the applicant is eligible but for which the applicant cannot supply the required matching share. Provides supplementary grant conditions and requirements, authorizing the Secretary to reduce or waive the required non-Federal share in such cases. Authorizes the Secretary to make direct grants for training, research, and technical assistance for alleviating or preventing conditions of excessive unemployment or underemployment. Allows such grants to include amounts for relocation assistance. Authorizes the Secretary to make direct grants for public facilities, public services, business development, planning, technical assistance, training and other assistance which demonstrably furthers the economic adjustment objectives of the Act. Allows such grant to be used in either direct expenditures by the recipient or through redistribution to other public and private entities, but prohibits any such redistribution to a private profit-making entity. Authorizes the Secretary to: (1) approve the use of grant funds for projects the scope or purpose for which changes after the grant has been made; (2) use funds for projects constructed for less than the projected costs to improve such projects; and (3) make assistance available for projects to be carried out at a military or Department of Energy installation. Prohibits any assistance under the Act which would produce unfair commercial competition. Requires reports from grant and assistance recipients. Defines as an eligible recipient for purposes of this Act an area that: (1) has a per capita income of 80 percent or less of the national average or an unemployment rate one percent above such average; (2) has experienced or is about to experience a sudden economic dislocation resulting in significant job losses; (3) is a community or neighborhood which has a large concentration of low-income individuals, substantial out-migration, or substantial unemployment; (4) has long-term economic deterioration; (5) has a special need to meet an expected rise in unemployment; (6) contains a population of 250,000 or less with growth potential; or (7) is experiencing severe out-migration. Requires from recipients: (1) documentation of meeting such criteria; and (2) evidence of a comprehensive economic development strategy which identifies the economic problems to be addressed through such assistance, as well as related information. Authorizes the Secretary, in order to plan and carry out economic development projects of broader geographic significance, to designate appropriate economic development districts and economic development centers within such districts. Provides geographic, population, and other requirements with respect to each such designation. Directs the Secretary to prescribe standards for the termination of such districts and centers. Authorizes the Secretary to increase by up to ten percent of project costs the amount of grant assistance otherwise provided in the Act for projects within designated districts. Requires each designated district to provide to the Appalachian Regional Commission a copy of such district's comprehensive economic development strategy. Authorizes the Secretary to provide assistance to a district area which does not meet the requirements of an eligible recipient under the Act when such assistance will be of substantial direct benefit to a qualifying area in such district. Directs the Secretary to administer this Act with the assistance of an Assistant Secretary of Commerce for Economic Development. Directs the Secretary to serve as a central information clearinghouse on all matters relating to economic development and adjustment, disaster recovery, and defense conversion programs and activities of Federal and State governments and to help applicants for such assistance. Requires appropriate consultation with other persons and agencies. Authorizes the Secretary to furnish procurement divisions of the Federal Government with a list of business firms located in distressed areas which desire Government supplies and services contracts. Imposes penalties upon persons who: (1) make false statements in order to obtain assistance under the Act; and (2) embezzle or commit other fraud-related crimes while connected in any capacity with the Secretary in the administration of the Act. Sets forth: (1) conflict-of-interest provisions; and (2) recordkeeping requirements for the Secretary and recipients regarding assistance under this Act. Provides that assistance under the Act shall supplement and not supplant other Federal assistance. Authorizes appropriations for FY 1999 through 2002. Authorizes additional appropriations for defense conversion activities and disaster economic recovery activities.

Healthy Kids Act

United States · United States Congress · 12 February 1998

TABLE OF CONTENTS: Title I: Healthy Kids Trust Fund Subtitle A: General Provisions Subtitle B: Payments Title II: FDA Jurisdiction Over Tobacco Products Title III: Youth Smoking Reduction Targets and Incentives to Reduce Youth Smoking Rates Title IV: Tobacco Transition Assistance Fund Title V: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title VI: Public Health and Other Programs Subtitle A: Research Programs Subtitle B: Education and Prevention Programs Subtitle C: Miscellaneous Programs Title VII: Liability Protection; Consent Decrees; National Protocol Subtitle A: Liability Protection and Attorney Fees Subtitle B: Consent Decrees Subtitle C: National Tobacco Control Protocol Title VIII: Miscellaneous Provisions Title IX: Provisions Relating to Native Americans Healthy Kids Act - Title I: Healthy Kids Trust Fund - Subtitle A: General Provisions - (Sec. 101) Establishes the Health Enhancement and Lowered Tobacco Hazards for Young Kids Trust Fund (HEALTHY Kids Trust Fund)(Fund). Appropriates to the Fund the initial payment under section 102 of this Act and 75 percent of annual assessments under section 102, fines or penalties under section 103, and amounts repaid or recovered under title III. Authorizes appropriations to the Fund as repayable advances. Makes specified percentages of Fund amounts available without further appropriation for carrying out provisions of this Act, for the Hospital Insurance Trust Fund, and for reducing the Federal debt subject to limit. Excludes amounts for the Hospital Insurance Trust Fund and the debt from consideration for the Emergency Deficit Control Act of 1985, the Congressional Budget Act of 1974, and House Concurrent Resolution 67 of the 104th Congress. (Sec. 102) Requires each tobacco product manufacturer (including repackers, labelers, and relabelers) to pay annually to the Fund amounts based on that manufacturer's stock market capitalization as compared to the average stock market capitalization of all manufacturers. Mandates annual assessments on each manufacturer based on the number of specified products removed during the year. Provides for floor stock treatment. Makes the initial capitalization-based payment and any penalties under title III not tax deductible. Amends the Federal bankruptcy code regarding the priority of unsecured Federal claims for payments, assessments, or penalties to be paid into the Fund. Prohibits manufacturers from using any liability insurance to make payments into the Fund. Mandates regulations regarding placing a Healthy Kids Stamp on each tobacco product package for which an assessment has been paid. Exempts a manufacturer who has consent decrees with more than 25 States before 1998 from the initial payment and certain portions of annual payments. (Sec. 103) Establishes a tobacco manufacturer licensing program. Requires a manufacturer or importer to be licensed to manufacture, distribute, or import tobacco products and to be eligible for protections under subtitle A of title VII. Mandates, for assessment nonpayment, manufacturer and importer license ineligibility and license revocation or suspension. (Sec. 104) Imposes a minimum monetary penalty for noncompliance with section 102. Subtitle B: Payments - Chapter 1: To States - Requires that funds under section 101 be made available to reimburse each eligible State for: (1) State expenditures under title XIX (Medicaid) of the Social Security Act for the treatment of individuals with tobacco-related conditions; (2) other State expenses incurred in providing treatment for tobacco-related conditions; and (3) providing funds to local governments. Requires States, in order to receive the funds, to: (1) agree to resolve any State civil action against a tobacco manufacturer, distributor, or retailer; (2) submit a plan regarding payments to local governments; and (3) have procedures to provide an equitable portion of the funds to local government entities for the local entities' tobacco-related health costs. Chapter 2: Federal Health Programs - Establishes the National Institutes of Health Trust Fund for Health Research (Research Fund), transferring to it amounts made available under section 101. Sets forth the portions of Research Fund amounts to be used for specified purposes. Chapter 3: Investments for Children - Requires use of amounts under section 101: (1) working through the Child Care and Development Block Grant Act of 1990, to improve child care, early childhood development, school-aged care, parent education and supportive services, health services, and services for children with disabilities; and (2) for grants to State and local educational agencies to train, recruit, and hire elementary school teachers, thus reducing average class size for certain grades. (Sec. 133) Amends Medicaid provisions regarding presumptive eligibility for children to include in the definition of "qualified entity" elementary or secondary schools, child care resource and referral agencies, and agencies authorized to determine child eligibility for health assistance under title XXI (Children's Health Insurance) of the Social Security Act. Modifies requirements regarding certain Medicaid expenditures that are counted against individual State allotments. Allows an alien who lawfully entered the United States after August 22, 1996, to be eligible for child health assistance under title XXI and Medicaid, notwithstanding the five-year means-tested public benefit waiting period or any other provision of law. Declares that a State does not have the authority to determine the Medicaid eligibility of a qualified alien. Makes the above amendments of this section effective as if they had been included in the Balanced Budget Act of 1997. Mandates a performance bonus payment to each State relating to increases in the number of Medicaid-enrolled children. (Sec. 134) Mandates a demonstration project providing for payment under title XVIII (Medicare) of the Social Security Act of routine patient care costs that are provided to an individual with cancer and enrolled in Medicare as part of the individual's participation in a clinical trial and that are not otherwise eligible for Medicare payment. Requires use of amounts available under section 101 to carry out this section. Title II: FDA Jurisdiction Over Tobacco Products - Deems specified regulations to have been promulgated under the Federal Food, Drug, and Cosmetic Act (FDCA) as amended by this title. (Sec. 203) Amends the FDCA to include nicotine in tobacco products in the definition of "drug" and tobacco product delivery components in the definition of "device." Authorizes regulation of any tobacco product as a drug, device, or both. Deems tobacco misbranded if it: (1) states or implies that it presents a reduced health risk unless the product will achieve the best public health result; or (2) violates the FDCA or its regulations. Makes noncompliance with specified provisions added to the FDCA by this Act a prohibited act under the FDCA. Makes provisions preempting State and local requirements inapplicable to tobacco product devices. (Sec. 204) Exempts tobacco products from device Class II special controls if the Secretary of Health and Human Services finds that special controls will achieve the best public health result. Declares that, for the purposes of listed provisions, the safety and effectiveness of a tobacco product device need not be found if the action to be taken under any such provision would achieve the best public health result. Authorizes a tobacco product recall if the best public health result would be achieved. (Sec. 205) Establishes the Scientific Advisory Committee to assist the Secretary, examine the effects of tobacco product nicotine yield level alteration, examine whether there is a nicotine threshold below which dependence is not produced, and review other safety, dependence, or health issues regarding tobacco products. Authorizes the Secretary to adopt a tobacco product performance standard regardless of whether the product has been classified under device classification provisions. Allows the standard to include: (1) reduction or elimination of nicotine; or (2) reduction or elimination of other constituents. Authorizes the Secretary to require that a manufacturer test, report, and disclose tobacco and tobacco smoke constituents, including in labeling and advertising. Requires manufacturers to annually submit: (1) an ingredient list for each brand it manufactures; and (2) a safety assessment for each new ingredient it desires to make a part of the product, with current ingredients receiving a safety assessment within five years after enactment of this Act. Requires that the safety assessment demonstrate that the ingredient will not present any risk to consumers or the public in the intended quantities. Mandates regulations to prohibit any ingredient if: (1) no safety assessment has been submitted as required; or (2) the Secretary finds that safety has not been demonstrated. Requires tobacco product packages to disclose: (1) all ingredients; and (2) the percentages of domestic and foreign tobacco. Authorizes the Secretary to require disclosure of an ingredient that relates to a trade secret if the Secretary determines that the disclosure will promote the public health. Mandates specified warnings on cigarette and smokeless tobacco packages and advertising. Preempts related State or local requirements. Declares that nothing in this paragraph relieves any person from liability to any other person at common law or under State statutory law. Makes it unlawful to advertise tobacco products on electronic communications subject to Federal Communications Commission jurisdiction. Directs the Secretary to restrict the access of minors to tobacco products. Requires States, in order to receive amounts under section 111 of this Act, to have a program meeting or exceeding the requirements of the model State program under which a retailer would be required to obtain a State or local license to distribute tobacco products. Includes in minimum model program requirements: (1) licensing fees to defray program administration; (2) prohibiting retail distribution without a license; (3) prohibiting distribution to minors; (4) monetary penalties for violations; and (5) suspension and revocation for repeated distribution to minors or violation of State or local law. Provides for specified penalties for distribution to minors, including penalties imposed on employees of retailers, minors (including loss of driving privileges), and retailers. Authorizes enforcement grants to States. Authorizes the Secretary to enforce the prohibition of distribution to minors. Declares that the provisions of this paragraph do not preempt State or local laws providing greater restrictions than these provisions. Mandates a Federal tobacco licensing program regarding military installations, U.S. embassies, Federally-owned facilities, duty-free shops, and any other Federal entity or Federal property. Treats an Indian tribe or tribal organization as a State for applying and enforcing the provisions of this paragraph regarding Indian reservations. Requires each manufacturer to submit to the Secretary each document in the manufacturer's possession: (1) relating to tobacco-caused health effects in humans or animals (including addiction), control of nicotine, tobacco sale or marketing, or research involving safer tobacco products; or (2) produced, or ordered to be produced, in any health-related civil or criminal proceeding, including attorney-client and other documents produced, or ordered to be produced, for in camera inspection. Directs the Secretary to make the documents available to the public. Exempts from public disclosure trade secrets and attorney-client privilege materials unless the Secretary determines disclosure is necessary to promote the public health. Authorizes any individual to begin a civil action: (1) against any person allegedly in violation of these provisions; or (2) against the Secretary or the Commissioner of Food and Drugs for alleged failure to perform as required. Prohibits regulations having the effect of placing burdens on tobacco producers in excess of the burdens generally placed on other agricultural commodity producers. Repeals the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986. Title III: Youth Smoking Reduction Targets and Incentives to Reduce Youth Smoking Rates - Mandates an annual survey of the percentage of individuals under 18 using tobacco products. (Sec. 303) Requires annual determinations of whether the required percentage reduction in underage tobacco use has been achieved. Specifies the required reductions in cigarette and smokeless tobacco products. Requires each manufacturer to reduce the percentage of children who use the manufacturer's brand accordingly. (Sec. 304) Mandates industry-wide and individual manufacturer monetary penalties if targets are not met for a year. Multiplies the penalties for consecutive failure years. Requires regulations to prohibit the sale of single packs of a manufacturer's tobacco products in cases of repeated noncompliance with required reductions and to require generic packaging in severe repeated noncompliance. Authorizes regulations requiring reductions in the use of other tobacco products by individuals under 18, including manufacturer monetary penalties for reduction failures. Title IV: Tobacco Transition Assistance Trust Fund - Establishes the Tobacco Transition Trust Fund and transfers to it amounts available under section 101. Authorizes appropriations to the Fund as repayable advances as necessary for Fund expenditures. Makes the Fund available for transition assistance to tobacco producers and tobacco-growing communities to adjust to reduced demand for tobacco, including economic development assistance, producer and factory worker retraining, or producer scholarships. Makes those amounts available only if a law is enacted by January 1, 2000, specifically prescribing Fund authorized uses. Declares that this title constitutes budget authority in advance of appropriations Acts. Terminates the authority of this title unless such a prescribing law is enacted. Title V: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Amends the Occupational Safety and Health Act of 1970 to require the responsible entity for each non-residential public building (regularly entered by at least ten individuals at least one day per week (except certain types of facilities)) to implement a smoke-free environment policy. Allows designated smoking areas meeting specified requirements. Sets forth special rules for: (1) schools and other facilities serving children; and (2) public transportation. Requires States, in order to receive funds under this Act, to demonstrate enforcement. Title VI: Public Health and Other Programs - Subtitle A: Research Programs - Mandates programs (through grants, contracts, or otherwise) to: (1) promote expanded research concerning specified aspects of tobacco and health; and (2) for the conduct of research on the cultural, social, behavioral, neurological, and psychological reasons that individuals refrain from using, begin, continue, or quit using tobacco products. (Sec. 603) Mandates surveillance and evaluation to monitor patterns of tobacco use and determine the effectiveness of various anti-tobacco programs funded under this Act. Requires that funding be made available for the activities under this subtitle. Subtitle B: Education and Prevention Programs - Mandates a program of grants to States for: (1) school-, college-, or university-based education programs concerning tobacco product use dangers; and (2) community-based prevention programs. Requires that funding be made available. Subtitle C: Miscellaneous Programs - Requires a program to reduce tobacco use through national and local media-based (such as counter-advertising campaigns) and nonmedia-based education, prevention, and cessation campaigns. Requires that funding be made available. (Sec. 622) Establishes the National Tobacco Cessation Program. Authorizes grants, contracts, and cooperative agreements. Requires making funding available. (Sec. 623) Establishes a program to provide assistance and compensation to individuals (and entities providing services to individuals) suffering from tobacco-related conditions, targeting uninsured or underinsured individuals who can demonstrate financial hardship. Requires making funding available. (Sec. 624) Authorizes multilateral assistance to foreign countries to assist in reducing and preventing the use of tobacco in foreign countries, focusing on preventing use by minors. Requires making funding available. Establishes in the District of Columbia a private, nonprofit corporation to be known as the American Center on Global Health and Tobacco (ACT). Requires that an International Advisory Council advise ACT. Mandates the annual transfer of a specified amount to carry out this paragraph. Makes ACT and its grantees subject to the oversight and supervision of the Congress. (Sec. 625) Mandates the National Event Sponsorship Program, authorizing grants for the sponsorship of athletic or other social or cultural events that, before enactment of this Act, was provided by a tobacco manufacturer or distributor. Requires making funding available. Terminates the Program ten years after enactment of this Act. (Sec. 626) Requires a program of grants to States to augment existing programs to reduce alcohol and illicit drug use by individuals under 18. Requires making funding available. Title VII: Liability Protection; Consent Decrees; National Protocol - Subtitle A: Liability Protection and Attorney Fees - Requires that, in order to receive funds under section 111, a State resolve any existing, and agree not to start any new, civil action seeking recovery for expenditures attributable to tobacco-related conditions commenced by the State against a manufacturer, distributor, or retailer and pending at enactment of this Act. Bars the Federal Government from starting any such action. Prohibits construing these provisions to limit an individual's right to start a civil action for past, present, or future conduct by tobacco product manufacturers, distributors, or retailers. (Sec. 702) Establishes an Arbitration Panel to award attorney's fees and expenses relating to litigation affected by, or legal services resulting in, this Act. Prohibits any Panel award from affecting any fee payments required under any provision of this Act. Subtitle B: Consent Decrees - Requires that, in order to receive funds under section 111 a State, and in order to receive liability protections under subtitle A tobacco manufacturer, enter into consent decrees under this subtitle. Allows a State to qualify with good faith but unsuccessful efforts. Requires that the decrees resolve State actions for claims associated with manufacturer conduct before this Act. Sets forth required terms, conditions, and limitations. Makes the decrees enforceable by the signatories and the Attorney General. Requires, prior to decree entry by a court, that the decrees be: (1) approved by the Secretary and the Attorney General; (2) fair and reasonable; and (3) in the public interest. Subtitle C: National Tobacco Control Protocol - Chapter 1: Establishment - Requires that a tobacco manufacturer, in order to receive liability protections under subtitle A, enter into a National Tobacco Control Protocol with the U.S. Attorney General and the attorney general of each State that does not opt out. Requires that the Protocol be a binding contract embodying the terms of this subtitle and designed to be enforceable in Federal or State courts. Chapter 2: Terms and Conditions - Declares that this chapter is a part of the Protocol. (Sec. 726) Prohibits tobacco advertising: (1) outdoors; (2) except as allowed in this Act, in any arena or stadium where athletic or other social or cultural activities occur; (3) using a human image or cartoon character; (4) on the Internet, unless inaccessible in or from the United States; and (5) subject to exception, at the point of sale. (Sec. 727) Prohibits a manufacturer from using a trade or brand name of a non-tobacco product for a cigarette or smokeless tobacco product, unless in use before 1998. Sets forth situations in which tobacco brand names or other identification indicia may, with prior notice to the Secretary, be used in advertising and labeling. Prohibits payment for the placement of tobacco products in television programs, motion pictures, or videos or on video game machines. Prohibits direct or indirect payment or consideration for promoting tobacco product image or use through print, film, or broadcast media that appeals to individuals under 18 or through a live performance artist that appeals to such individuals. (Sec. 728) Allows, subject to exceptions, tobacco product labeling and advertising to use only black text on a white background. Limits audio (alone or with video) to words only, prohibiting music and sound effects. (Sec. 729) Prohibits: (1) the use of a tobacco product brand name, logo, symbol, motto, selling message, recognizable color or pattern of colors, or any other indicia of product identification on any service or nontobacco item; (2) offering tobacco purchasers any non-tobacco item in consideration of purchase; and (3) manufacturers, distributors, and retailers from sponsoring athletic or other social or cultural event in which any indicia of product identification is used (but allows sponsorship under the corporate name, if in use before 1995 and if the corporate name does not include any indicia of product identification). Chapter 3: Enforcement - Allows the Attorney General to bring an action for enforcement, or restrain a breach, of the Protocol. Allows restraining orders, orders of specific performance, civil monetary penalties, and (for officers of manufacturers who knowingly violate the Protocol) criminal penalties, including incarceration. Authorizes grants and contracts for State enforcement. Authorizes use of amounts from the HEALTHY Kids Trust Fund and Department of Justice funds for Attorney General enforcement. (Sec. 732) Authorizes the attorney general of a State to bring an action for enforcement, or to restrain a breach, of the Protocol if the alleged violation occurred in that State. Provides for concurrent Federal and State court jurisdiction in such actions. Allows the remedies specified in section 731. (Sec. 733) Authorizes a manufacturer to file an action seeking a declaration of its Protocol rights and obligations. Authorizes any person to bring an action to enforce the Protocol, with any damages remitted to the Treasury. Entitles any manufacturer to intervene as a matter of right in any Federal or State Attorney General enforcement action. Title VIII: Miscellaneous Provisions - Prohibits the use of funds made available by appropriations or otherwise for specified actions, including: (1) promoting the export, reexport, sale, manufacture, advertising, or use of tobacco products to or in a foreign country; or (2) subject to exception, seeking the removal or reduction of any foreign restriction on the importation, export, sale, manufacture, advertising, use, imposition of tariffs, or taxation of tobacco products. (Sec. 802) Prohibits reprisals against a whistleblower employee of any tobacco product manufacturer, distributor, or retailer for disclosing to specified Federal agencies or State or local authorities information regarding a violation of law related to this Act or related State or local laws. Allows the whistleblower to receive a portion of a payment to the Government resulting from the whistleblower's disclosure. (Sec. 803) Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to make it unlawful for any domestic concern, directly or through a foreign subsidiary or affiliate, to use the mails or interstate commerce to contribute to: (1) the foreign sale or distribution of tobacco products to children or the foreign advertising of tobacco products in a way that appeals to children; and (2) the tobacco product export from any country without a package warning label in the primary language or languages of the country of sale or distribution that complies with domestic labeling requirements. Adds the unlawful acts of this section to the FDCA list of prohibited acts and entitles a person who provides information leading to a related criminal conviction to a portion of the criminal fine collected. (Sec. 804) Allows State or local measures to further this Act's purposes not less stringent than the requirements of this Act. Title IX: Miscellaneous Provisions - Declares that the provisions of this Act shall apply to the manufacture, distribution, and sale of tobacco products in any area in tribal or tribal organization jurisdiction, with exceptions for religious practices. Mandates regulations applying the Federal Food, Drug, and Cosmetic Act requirements regarding tobacco products to such areas. Provides for the treatment of tribes and tribal organizations under various provisions of this Act. Prohibits manufacturers from engaging in any activity in such areas that is prohibited under the Protocol. Requires that amounts made available under certain portions of section 101 be provided to the Indian Health Service for anti-tobacco-related consumption and cessation activities. Allows tribes and tribal organizations to: (1) take measures to further this Act's purposes in addition to the requirements of this Act; and (2) have rules or practices providing greater protection from the health hazards of environmental tobacco smoke. Prohibits a State from imposing requirements regarding the application of this Act to Indian tribes and tribal organizations.

PAST Act

United States · United States Congress · 12 February 1998

TABLE OF CONTENTS: Title I: Regulation of Tobacco Products and Tobacco Product Development Title II: National Efforts to Reduce Youth Smoking Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title IV: Miscellaneous Provisions Preventing Addiction to Smoking Among Teens Act (or PAST Act) - States as national goals that the average annual incidence of daily use of tobacco products by individuals under 18 years of age (minors) be reduced: (1) by 30 percent during the fifth and sixth calendar years after the enactment of this Act; (2) by 50 percent during the seventh, eighth, and ninth calendar years thereafter; and (3) by at least 60 percent during the tenth and subsequent years thereafter. Makes the above reduction 25, 35, and 45 percent, respectively, during such periods with respect to smokeless tobacco products. Title I: Regulation of Tobacco Products and Tobacco Product Development - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to include as prohibited activities: (1) the introduction into interstate commerce of any tobacco product that does not comply with health and safety regulatory requirements prescribed pursuant to this Act; and (2) the failure by the manufacturer of a tobacco product to comply with a health risk management standard, a good manufacturing practice standard, or a product labeling, warning, or packaging standard prescribed pursuant to this Act. Subjects tobacco product facilities to inspections under such Act. Adds a new FDCA chapter concerning health and safety regulatory requirements for tobacco products. Directs the Secretary of Health and Human Services to: (1) receive, assess, and provide appropriate confidentiality regarding certain health information submitted by each manufacturer or importer of tobacco products; (2) develop and implement with respect to such products health risk reduction standards, good manufacturing practice standards, and product labeling, warning, and packaging standards; (3) enforce and revise the labeling, warning, and packaging standards; (4) develop and implement tobacco product reduced risk and marketing standards; (5) establish and oversee a tobacco products scientific advisory committee which shall provide advice on the establishment of tobacco product marketing standards; and (6) submit reports to the Congress evaluating the effectiveness of such chapter and this Act. Requires each manufacturer or importer of tobacco products to submit to the Secretary specified product information, including ingredients, substances, and compounds, nicotine content, and scientific and marketing research activities and findings. Requires such information to be updated on an annual basis. Provides for the confidentiality of such information. Allows a manufacturer to petition the Secretary for a partial exemption from such requirements based upon a trade secret, with a required petition determination procedure. Directs the Secretary to establish tobacco product health risk reduction standards. Authorizes the Secretary to amend or revoke such standards. Authorizes the Secretary to adopt a standard that requires the modification of a tobacco product that involves the gradual reduction of nicotine, the reduction or elimination of other harmful ingredients, substances, and compounds, and changes to reduce the likelihood of cigarette-induced fires. Requires standards adopted to have as their objective the reduction of overall health risk to the public. Prohibits the Secretary from delegating the authority to promulgate a regulation that results in a general prohibition of a class of tobacco products or the elimination of nicotine. Directs the Congress to review, and authorizes it to disapprove of, any rule establishing, amending, or revoking a standard. Requires adopted standards to include the assessment of health risks posed by the components of tobacco, including nicotine and tar, and by tobacco use, including carbon monoxide. Requires each tobacco manufacturer to submit to the Secretary a health risk assessment for each ingredient, substance, or compound of each tobacco product of such manufacturer. Allows such assessment to be carried out by a third party organization on behalf of one or more manufacturers. Allows the Secretary to prohibit the use of any ingredient, substance, or compound in a tobacco product if no assessment has been submitted within 12 months after enactment of this Act. Provides for the review and approval or disapproval of such assessments. Directs the Secretary to require that the methods, facilities, and controls used in the manufacture, packaging, and storage of a tobacco product conform to current good manufacturing practices. Directs the Secretary to establish a Tobacco Product Requirements Waiver Board to provide advice and make recommendations with respect to the approval or disapproval of petitions for an exemption or variance from such conformance requirements. Makes it unlawful for any person to manufacture, package, or import for sale or distribution any cigarettes the package of which fails to bear one of nine specified statements as to the harm or dangers posed by cigarette use. Requires one such statement to be used in any cigarette advertising. Requires such statements to appear on the upper portion of the front panel of the cigarette package and to occupy no less than 25 percent of such panel. Outlines related labeling requirements, with exceptions, for cigarette packaging and advertising. Requires the quarterly rotation of labeling statements. Makes it unlawful to advertise cigarettes and small cigars on any medium of electronic communications, subject to the jurisdiction of the Federal Communications Commission. Makes it unlawful for any person to manufacture, package, or import any smokeless tobacco product the package of which fails to bear one of four specified statements as to the harm or dangers posed by such use. Outlines labeling, advertising, and rotation requirements similar to those provided for cigarettes, above, including a prohibition on advertising. Requires all manufacturers of tobacco products (regular and smokeless) to include on their product a general use statement to the effect that use of such product is intended only for persons 18 years of age and older. Prohibits, with respect to all tobacco products: (1) any form of outdoor advertising, including in stadiums or arenas; (2) the use of human images or cartoons in advertising; (3) advertising on the Internet; and (4) point-of-sale advertising (with certain exceptions and limitations). Provides general restrictions concerning the use of product names. Prohibits payments from being made by a manufacturer, distributor, or retailer for the placement of any tobacco product package or advertisement: (1) as a prop in any television program or motion picture; or (2) in a video or on a video game machine. Prohibits such payments from being made to promote the image or use of such products through print or film media that appeals to individuals under 18 years old or through a live performance by an entertainment artist that appeals to such individuals. Requires (with exceptions) tobacco product labeling and advertising to use only black text on a white background. Prohibits tobacco product manufacturers, importers, distributors, and retailers from marketing, licensing, distributing, or selling any item other than such product which bears the same brand name or other recognizable symbol of such product. Prohibits the use of gifts, contests, and lotteries in conjunction with the sale of tobacco products. Prohibits the use of tobacco brand names for the sponsorship of events, but allows the use of the corporate name under certain conditions. Allows a product to be designated by the Secretary as a reduced risk tobacco product if such product delivers a substantially lower yield of toxic substances than that delivered by conventional tobacco products. Outlines application, research, and marketing requirements for the reduced risk products. Requires a manufacturer to provide written notice to the Secretary upon the development or acquisition of any technology that would reduce the health risk of such products. Authorizes the Secretary, upon a determination of a reduced health risk of a product, to require: (1) the disclosure and use of the technology providing such reduced risk; and (2) that manufacturers cease manufacturing and marketing products not incorporating such technology. Directs the Secretary to implement specified restrictions on the marketing of tobacco products to minors, including: (1) prohibitions against retailer distribution of such products to minors, out-of-package distribution, distritution of free samples, or distribution through a vending machine or self-service display; and (2) requirements for photo identification of purchasers under age 27 and for face-to-face transactions. Allows a tobacco product to be distributed through the mail if there is a procedure for verifying that minors are not receiving the mailed products (with a required review of such procedure by the Secretary within two years after enactment of this Act). Directs the Secretary to establish the Tobacco Products Scientific Advisory Committee to: (1) assist in establishing, amending, or revoking a regulation required in prior provisions of this Act; (2) examine and make recommendations concerning nicotine yield levels; and (3) review other safety, dependence, or health issues relating to tobacco products. Directs the Secretary to prepare and submit to the Congress biennial reports concerning: (1) current sales, advertising, and marketing practices for tobacco products; (2) tobacco product use, especially among individuals under 18 years old; and (3) certain health issues related to tobacco product use. Allows any person adversely affected by any regulation adopted under this Act to file with the District of Columbia Court of Appeals or any appropriate Federal circuit court a petition for review. Provides review procedures. Allows the Secretary to use certain fees required of manufacturers, distributors, and retailers under this Act for the regulation and control of tobacco products. Requires the Secretary to set the total yearly collected fees at $100 million. Allows the adoption of State and local product regulatory laws that are in addition to, or more stringent than, requirements established under this Act. Repeals the Comprehensive Smokeless Tobacco Health Education Act of 1986. Directs the Secretary, after certain consultation, to establish and implement a Federal tobacco licensing program to be applied to entities that sell or distribute tobacco products to military installations, U.S. embassies, other Federal entities, and duty-free shops. Treats Indian tribes and lands as a State for purposes of such program. Title II: National Efforts to Reduce Youth Smoking - Tobacco Use by Minors Prevention Act - Amends the Public Health Service Act to add a new title "National Efforts to Reduce Youth Smoking." Provides for the determination of the underage use base percentages for cigarettes and smokeless tobacco. Directs the Secretary to: (1) annually determine the average annual incidence of daily tobacco product use by minors; and (2) determine whether specified percentage reductions have been achieved. Mandates a surcharge on manufacturers if the reduction has not been achieved. Sets dollar limits on total surcharges during a calendar year. Makes the surcharge a joint and several obligation of all manufacturers as allocated by their market share. Allows abatement petitions. Mandates manufacturer license fee reductions if use reduction targets are exceeded. Requires a State, in order to be eligible for Federal payments for the treatment of health and medical problems related to tobacco product use, to have and enforce a law that prohibits the sale of tobacco products to minors and ensures compliance with such prohibition. Sets forth a model State law establishing a program under which a person is required to obtain a State or local license to sell or otherwise distribute tobacco products directly to consumers. Includes under the model law provisions: (1) prohibiting tobacco product distribution to minors; (2) requiring tobacco licenses for distributors; (3) requiring photo identification of buyers and face-to-face purchase transactions; and (4) prohibiting out-of-package distribution or product sampling. Outlines tobacco licensing requirements, including State approval or denial within 30 days after application. Provides civil and criminal penalties for licensees and their employees for the sale or distribution of tobacco products in violation of licensing requirements. Provides for the suspension or revocation of such licenses in appropriate circumstances, requiring an opportunity to be heard on the matter. Prohibits a minor from purchasing, receiving, possessing, or using tobacco products in public places (mandating parental notification of violation allegations). Mandates random, unannounced inspections of licensed establishments, using minors to test compliance. Regulates retail signage. Requires notification of retail tobacco employees of relevant requirements. Imposes employer liability if such employer pays an employee's penalty. Provides a no-license penalty of two times the applicable license fee and $250 for each day that distribution continues without such license. Makes $65 million available annually from the Tobacco Settlement Trust Fund (Fund) for FY 1999 through 2008 to carry out the licensing requirements, with a specified per-State allotment of such funds. Makes specified amounts available from the Fund for such fiscal years to States, on an allotted basis, for various State and community action programs and initiatives for tobacco use prevention and control. Provides State application requirements, including submission of a State plan and certification with respect to funds use, and the establishment of an advisory committee. Requires each State to submit annual reports on funds use and progress made in achieving program goals. Mandates public inspection of reports and State audits of expenditures. Authorizes the Secretary to withhold allotted funds from a State not using such funds for their intended purposes. Considers programs and activities funded under such program as programs receiving Federal financial assistance for purposes of the enforcement of Federal nondiscrimination regulations. Provides criminal penalties for false statements made in receiving or using allotted funds. Makes specified Trust funds available for FY 1999 through 2008, on an allotted basis, for a State and community smoking cessation program. Outlines application procedures similar to the above program, including State plan and certification, an advisory committee, annual reports, public inspections and State audits, withholding of funds for improper uses, enforcement of Federal nondiscrimination regulations, and criminal penalties. Directs the Secretary to contract with the Institute of Medicine for a study on the framework for a research agenda and research priorities to be used by the National Tobacco Task Force. Establishes the Task Force to foster coordination among public health agencies, academic bodies, and community groups that conduct or support tobacco-related biomedical, clinical, behavioral, health services, public health and community, and surveillance and epidemiology research activities. Provides Task Force funding from the Fund for ten fiscal years. Requires the Director of the Centers for Disease Control and Prevention to carry out tobacco-related surveillance and epidemiological studies and to develop tobacco control and prevention strategies. Provides funding from the Fund for FY 1999 through 2008. Establishes the Tobacco Use Prevention and Cessation Board to enter into contracts with or award grants to eligible public and nonprofit private entities to carry out public informational and educational activities designed to reduce the use of tobacco products. Provides funds from the Fund for FY 1999 through 2008. Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Amends the Occupational Safety and Health Act of 1970 to direct the Secretary, within 12 months after enactment of this title, to promulgate a final standard on indoor air quality in work environments. Title IV: Miscellaneous Provisions - Provides for the severability of provisions of this Act in the event that any provision is held invalid.

Historic Battleship Preservation Act

United States · United States Congress · 12 February 1998

Historic Battleship Preservation Act - Amends the National Defense Authorization Act for Fiscal Year 1996 to repeal a requirement that the Secretary of the Navy list on the Naval Vessel Register at least two of the Iowa-class battleships that were stricken from such Register in February 1995.

A resolution recognizing, and calling on all Americans to recognize, the courage and sacrifice of the members of the Armed Forces held as prisoners of war during the Vietnam conflict and stating that the American people will not forget that more that 2,000 members of the Armed Forces remain unaccounted for from the Vietnam conflict and will continue to press for the fullest possible accounting for all such members whose whereabouts are unknown.

United States · United States Congress · 12 February 1998

Expresses gratitude for the courage and sacrifice of the men who were held as prisoners of war during the Vietnam conflict on the occasion of the 25th anniversary of Operation Homecoming, their return from captivity. Calls for the fullest possible accounting of the more than 2,000 members of the U.S. armed forces who remain unaccounted for from such conflict.

Court of Veterans Appeals Act of 1998

United States · United States Congress · 12 February 1998

TABLE OF CONTENTS: Title I: Administrative Provisions Relating to the Court Title II: Staggered Retirement and Recall Provisions Title III: Renaming of Court Court of Veterans Appeals Act of 1988 - Title I: Administrative Provisions Relating to the Court - Authorizes the Court of Veterans Appeals (Court) to prescribe rules and regulations. Requires six months or more served as a Court judge to be credited toward years of service and less than six months to not be credited. Allows for a cost-of-living adjustment to the retired pay of a Court judge only up to an amount that would make such retired pay equal to the pay received by a current Court judge. Allows a Court judge to elect to participate in a survivor annuity within six months after marriage if such judge has retired. Reduces the percentage of pay reduction required of active judges as contributions toward retirement annuities. Prohibits interest payments on retirement pay deductions in the case of Court judges for any period during which such judges: (1) were separated from judicial service or service as a Member of Congress or congressional employee; and (2) were not receiving retired pay or annuities based on such service. Allows a survivor annuity to be paid to the survivors of a judge who dies after having rendered at least 18 months (currently five years) of creditable civilian service. Allows a survivor annuity without a creditable service requirement in the case of a judge who dies of an assassination. Repeals a current requirement that a surviving spouse be at least 50 years of age before receiving such annuity. Increases such annuities at the same time and by the same percentage by which annuities payable from the Judicial Survivors' Annuity Fund are increased. Exempts the Court of Veterans Appeals Retirement Fund from sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Provides a forfeiture of retired pay rights and benefits in the case of any Court judge who, after retirement, represents a client in a claim relating to veterans' benefits. Title II: Staggered Retirement and Recall Provisions - Allows only one individual each year to retire as a Court judge in the years 1999 through 2003. Provides retirement requirements, including age and years of service. Requires a judge to: (1) notify the President and the Court's chief judge of the intent to retire; and (2) retire during the fiscal year in which notification is provided but not earlier than 90 days after such notification is provided. Makes a retired Court judge eligible for recall upon providing the chief judge with written notification. Allows the chief judge to recall such a judge to meet the needs of the Court. Title III: Renaming of Court - Renames the Court as the United States Court of Appeals for Veterans Claims.

USERRA Amendments Act of 1998

United States · United States Congress · 12 February 1998

Allows a veteran claiming to be entitled to employment or reemployment rights with a State or private employer to request the Secretary of Labor to refer such claim to the Attorney General (current law) in the case of an unsuccessful effort to resolve such claim through the Secretary. Empowers U.S. district courts to hear cases commenced against a State or private employer by the Attorney General on behalf of such veterans, or against a private employer by a person. Requires direct payment to the veteran of any claim compensation which is considered lost wages or benefits or liquidated damages. Includes within the definition of "employee," for purposes of employment and reemployment rights, any person who is a citizen, national, or permanent resident alien of the United States employed in a foreign workplace by an employer that is an entity incorporated or otherwise organized in the United States or that is controlled by an entity organized in the United States. Provides that if a U.S. employer controls a foreign entity, then any denial of employment, reemployment, or benefits by such foreign entity shall be presumed to be by such employer. Provides an exception when employer compliance would violate the law of the foreign country in which the workplace is located. Authorizes a veteran claiming employment or reemployment rights to request the Secretary to refer such complaint to the Merit Systems Protection Board (current law), without regard as to whether such complaint accrued before, on, or after October 13, 1994 (the effective date of such provision).

Privacy Protection Act of 1998

United States · United States Congress · 12 February 1998

Privacy Protection Act of 1998 - Amends the Federal criminal code to prohibit and set penalties for persistently following or chasing any individual in the United States for the purpose of obtaining a visual image, sound recording, or other physical impression of that or another individual (the image) if: (1) the image was intended to be, or was in fact, sold, published, or transmitted in interstate or foreign commerce, or the person attempting to capture such image moved in commerce to do so; (2) the individual has a reasonable expectation of privacy from such intrusions and has taken reasonable steps to ensure that privacy; (3) the individual has a reasonable fear that death or bodily injury will result from that following or chasing; and (4) the obtaining of the image is for commercial purposes. Authorizes a person subjected to a violation to obtain appropriate relief in a civil action against the person engaging in the violation. Directs the court to allow the prevailing party a reasonable attorney's fee and other litigation costs. Specifies that it is not a defense to such a prosecution or civil action that no image was captured or sold. Subjects to a Federal criminal charge or civil liability only a person physically present at the time. Makes this Act inapplicable with respect to official law enforcement activities.

Arlington National Cemetery Burial Eligibility Act

United States · United States Congress · 12 February 1998

Allows the remains of the following persons to be interred at Arlington National Cemetery: (1) any member of the armed forces who dies while on active duty; (2) any retired member; (3) any former member who was separated for physical disability before October 1, 1949, who served on active duty, and who would have been eligible for disability retirement if such provisions had been in effect on such date; (4) any former member whose last active military service was terminated honorably and who has been awarded one of a number of specified military decorations; (5) any former prisoner of war who served honorably while such a prisoner, whose last active military service terminated honorably, and who died on or after November 30, 1993; (6) the President or any former President; (7) the spouse, surviving spouse, minor child, and, in the discretion of the Cemetery's Superintendent, unmarried adult child of an interred member (but only if buried in the same gravesite); (8) the spouse, surviving spouse, minor child, and unmarried adult child (again, discretionary) of a member buried as part of a group burial (but cannot be buried in the group gravesite); (9) the spouse, surviving spouse, minor child, or unmarried adult child of any person already buried in the Cemetery; (10) the widow or widower of a member who was lost or buried at sea or officially determined to be permanently absent in a missing or missing in action status; and (11) the parents of a minor child or unmarried adult child whose remains, based on the parent's eligibility, are already buried in the Cemetery. Makes such burial eligibility the exclusive eligibility for Cemetery burial. Prohibits the Secretary of the Army or any other responsible official from considering a request for Cemetery burial made before the death of the individual. Allows gravesite markers to be provided by the Secretary or at private expense, as long as certain marker and marker maintenance conditions are met. Directs the Secretary to maintain for the public a register of each individual buried in the Cemetery which shall include, for each individual buried there on or after January 1, 1998, a brief description of his or her eligibility for such burial. Requires the Secretary to publish an updated pamphlet describing Cemetery burial eligibility. Authorizes the cremated remains of the following persons to be placed in the Cemetery columbarium: (1) a person eligible for burial under this Act; (2) a veteran whose last period of active duty ended honorably; and (3) the spouse, surviving spouse, minor child, or unmarried adult child (discretionary) of such a veteran. Prohibits a memorial or marker: (1) from being placed in the Cemetery unless it commemorates the service of the individual or group whose memory is to be honored by such memorial or marker; or (2) that refers to a particular military event from being placed in the Cemetery until 25 years after such event.

Historic Battleship Preservation Act

United States · United States Congress · 12 February 1998

Historic Battleship Preservation Act - Amends the National Defense Authorization Act for Fiscal Year 1996 to repeal a requirement that the Secretary of the Navy list on the Naval Vessel Register at least two of the Iowa-class battleships that were stricken from such Register in February 1995.

To prohibit the use of funds appropriated to the Department of Defense from being used for the conduct of offensive operations by United States Armed Forces against the Republic of Iraq for the purpose of obtaining compliance by Iraq with United Nations Security Council resolutions relating to inspection and destruction of weapons of mass destruction in Iraq by the United Nations, unless such operations are specifically authorized by law.

United States · United States Congress · 12 February 1998

Prohibits the use of Department of Defense funds to conduct U.S. military offensive operations against Iraq to obtain Iraqi compliance with United Nations Security Council resolutions relating to the inspection and destruction of weapons of mass destruction, unless such operations are specifically authorized by law.

Recognizing, and calling on all Americans to recognize, the courage and sacrifice of the members of the Armed Forces held as prisoners of war during the Vietnam conflict and stating that the House of Representatives will not forget that more than 2,000 members of the United States Armed Forces remain unaccounted for from the Vietnam conflict and will continue to press for a final accounting for all such servicemembers whose fate is unknown.

United States · United States Congress · 12 February 1998

Expresses gratitude for the courage and sacrifice of the brave men, including current Congressmen Sam Johnson of Texas and Pete Peterson of Florida, who were held as prisoners of war during the Vietnam conflict. Urges States and localities to honor such courage and sacrifice with appropriate ceremonies and activities. Declares that the House of Representatives will continue to press for a final accounting of the more than 2,000 members of the U.S. armed forces who remain unaccounted for from such conflict.

Expressing the sense of Congress, congratulating the former International Support and Verification Commission of the Organization of American States (OAS-CIAV) for successfully aiding in the transition of Nicaragua from a war-ridden state into a newly formed democracy and providing continued support through the recently created Technical Cooperation Mission (OAS-TCM) which is responsible for helping to stabilize Nicaraguan democracy by supplementing institution building.

United States · United States Congress · 12 February 1998

Commends Santiago Murray, the first director of the International Support and Verification Commission of the Organization of American States (OAS-CIAV), Sergio Caramagna, the current director of the Technical Cooperation Mission (OAS-TCM), and all members of the OAS- CIAV and OAS-TCM team for their defense of human rights, promotion of peaceful conflict resolution, and contribution to the development of freedom and democracy in Nicaragua. Supports the continuation of the OAS-TCM role in Nicaragua.

Concerning the urgent need to establish a cease fire in Afghanistan and begin the transition toward a broad-based multiethnic government that observes international norms of behavior.

United States · United States Congress · 12 February 1998

Acknowledges: (1) that the Afghan people successfully waged a war against Soviet expansionism and greatly assisted in bringing an end to the cold war; and (2) the necessity of international efforts to clear the estimated 10 million land mines buried in the Afghan countryside. Welcomes the appointment of Ambassador Lakhbar Brahimi as special envoy of the United Nations (UN) Secretary General for Afghanistan and his efforts toward attaining a peaceful negotiated settlement. Deplores continuing human rights violations occurring within Afghanistan, such as continuing discrimination against women and the discovery of mass graves which contained an alleged 2,000 corpses of prisoners of war and civilians. Supports the intention of the UN and the International Committee of the Red Cross to continue their investigation into these reported killings. Recognizes the continuing requirement to address the needs of more than 2 million Afghan refugees. Calls upon: (1) all warring factions and national powers to participate in intra-Afghan dialogue and in the peace process; and (2) all parties within Afghanistan to prevent the recurrence of actions which impede humanitarian assistance. Urges: (1) the nations of the region to cooperate in the peace process and to end military support to all parties to the conflict; (2) appropriate parties in the UN and Afghanistan to work toward the eradication of the production of opium; and (3) the expulsion of all known terrorist leaders from Afghanistan and the closing down of any terrorist training camps operating in the country.

Expressing the sense of the House of Representatives that a renewed effort be made by all sides to end the violent guerrilla war in Colombia, which poses a serious threat to democracy as well as economic and social stability as evidenced by the recent increase in guerrilla and paramilitary violence which victimizes public officials and Colombian and foreign nationals.

United States · United States Congress · 12 February 1998

Recognizes the importance of the threat of escalating guerrilla and paramilitary violence to Colombia's democracy and to the upcoming congressional and presidential elections. Urges: (1) the guerrilla leaders of the Revolutionary Armed Forces of Colombia (FARC) and the National Liberation Army (ELN) to end the violence, sever their relationship with narcotics traffickers, negotiate a peace accord with the Colombian Government, and take their agenda into the political arena for debate; (2) the FARC and ELN leadership to release the U.S. missionaries being held hostage in Colombia or account for their whereabouts; (3) the Colombian Government to end the guerrilla conflict and take greater action against paramilitary units that commit gross human rights violations; (4) the international community, particularly the Organization of American States, to play a more proactive role in resolving the conflict; and (5) the administration to reevaluate U.S. policies toward Colombia and consider that government's request for U.S. assistance in resolving the conflict.

Transit Commuter Credit Act of 1998

United States · United States Congress · 11 February 1998

TABLE OF CONTENTS: Title I: Credit for Public Transportation Commuting Expenses Title II: Modification to Treatment of Foreign Oil and Gas Income Title III: Limitations on Payments Under Defense Contracts Title IV: Repeal of Certain Incentives for Oil and Gas Exploration and Development and for Mining Title V: Repeal of Exclusion for Citizens or Residents of United States Living Abroad Transit Commuter Credit Act of 1998 - Title I: Credit for Public Transportation Commuting Expenses - Amends the Internal Revenue Code to provide a credit for 20 percent ($150 maximum) of an individual's employment or education related public transportation commuting expenses. Title II: Modifications to Treatment of Foreign Oil and Gas Income - Treats certain taxes paid or accrued to a foreign country with respect to foreign oil and gas income as not creditable for purposes of the foreign tax credit. Treats foreign oil and gas extraction income, and foreign oil related income as separate income categories. Eliminates such categories' exclusion from income for specified purposes. (Changes references to foreign base company oil related income to foreign oil and gas income.) Title III: Limitations on Payments Under Defense Contracts - Prohibits use of Department of Defense funds to pay restructuring costs associated with the merger or acquisition of a Department contractor. Amends the National Defense Authorization Act for Fiscal Year 1995 to extend a specified annual contractor restructuring reporting requirement. Sets forth additional information requirements for such report and a related report by the Comptroller General. Amends Federal law to set forth specified compensation limitations for Department contracts. Title IV: Repeal of Certain Incentives for Oil and Gas Exploration and Development and for Mining - Amends the Internal Revenue Code to repeal: (1) expensing of intangible drilling and development costs for oil and gas wells and geothermal wells; (2) expensing of mine development and exploration costs; (3) percentage depletion for mines and wells, including oil and gas wells; and (4) the enhanced oil recovery credit. Title V: Repeal of Exclusion for Citizens or Residents of United States Living Abroad - Amends the Internal Revenue Code to repeal the foreign earned income and housing allowance gross income exclusion for U.S. citizens and residents abroad.

Recognizing, and calling on all Americans to recognize, the courage and sacrifice of the members of the Armed Forces held as prisoners of war during the Vietnam conflict and stating that the House of Representatives will not forget that more than 2,000 members of the United States Armed Forces remain unaccounted for from the Vietnam conflict and will continue to press for a final accounting for all such servicemembers whose fate is unknown.

United States · United States Congress · 11 February 1998

Expresses gratitude for the courage and sacrifice of the brave men, including current Congressman Sam Johnson of Texas, who were held as prisoners of war during the Vietnam conflict. Urges States and localities to honor such courage and sacrifice with appropriate ceremonies and activities. Declares that the House of Representatives will continue to press for a final accounting of the more than 2,000 members of the U.S. armed forces who remain unaccounted for from such conflict.

Federal Surplus Property Improvement Act of 1998

United States · United States Congress · 10 February 1998

Federal Surplus Property Improvement Act of 1998 - Requires that nonlethal excess supplies of the Department of Defense be made available to a State or a local government upon request before such supplies are made available for humanitarian relief purposes. Permits the President to make such supplies available for humanitarian purposes before they are made available to a State or local government in response to a natural disaster emergency. Amends the Foreign Assistance Act of 1961, with respect to the transfer of property for environmental protection in foreign countries, to prohibit such transfers unless the Administrator of General Services (GSA Administrator) determines that there are no Federal or State use requirements for the property under any other provision of law. Amends the Small Business Act to: (1) repeal the requirement permitting the transfer of U.S.-owned technology or surplus property to participants in the small business and capital ownership development program on a priority basis; and (2) subject to the oversight of the GSA Administrator, in consultation with State agencies responsible for surplus property distribution, the transfer of such technology or surplus property to program participants. Repeals the authority of the Secretary of Energy to transfer surplus equipment to an educational institution with which it has a partnership agreement. Requires the Administrator of General Services to report to the Congress on the effectiveness of surplus personal property donation and disposal programs (except for any program that grants access to personal property by local communities affected by the closure of a military base), along with recommendations for consolidating such programs under a single Federal authority.

To direct the Secretary of the Army to issue to certain veterans who served in the disputed Italy-Yugoslavia area at the end of World War II the "Italy" clasp for the World War II Army Occupation Medal.

United States · United States Congress · 3 February 1998

Directs the Secretary of the Army to issue the Italy clasp to individuals who received the World War II Army Occupation Medal based upon Army service in the disputed Italy-Yugoslavia area at the end of World War II.

Arlington National Cemetery Integrity Act of 1998

United States · United States Congress · 3 February 1998

Arlington National Cemetery Integrity Act of 1998 - Allows the remains of the following persons to be interred at Arlington National Cemetery: (1) any member of the armed forces who dies while on active duty; (2) any retired member who served on active duty, was carried on a retired list, and was entitled to retired pay; (3) any former member who was separated for physical disability before October 1, 1949, who served on active duty, and who would have been eligible for disability retirement if such provisions had been in effect on such date; (4) any former member whose last active military service was terminated honorably and who has been awarded one of a number of specified military decorations; (5) any former prisoner of war who while such a prisoner served honorably, whose last active military service terminated honorably, and who died on or after November 30, 1993; (6) any former member whose last active military service terminated honorably and who has held one of a number of specified positions in the Federal Government, the Supreme Court, or the State Department; (7) the President or any former President; (8) the spouse, surviving spouse, minor child, and, in the discretion of the Cemetery's Superintendent, unmarried adult child of an interred member; and (9) the parents of a minor child or unmarried adult child whose remains, based on the parent's eligibility, are already buried in the Cemetery. Authorizes: (1) burial in another part of the Cemetery in the case of the remains of a spouse who cannot be buried at the gravesite of the related spouse due to the encroachment of tree roots, shrubs, plants, or similar events; and (2) Cemetery burial for the remains of disabled adult unmarried children of individuals eligible for Cemetery burial. Authorizes the cremated remains of the following persons to be placed in the Cemetery columbarium: (1) a veteran whose last period of active duty ended honorably; and (2) the spouse, surviving spouse, minor child, or unmarried adult child (discretionary) of such a veteran.

David R. Oliver, of Idaho, to be Deputy Under Secretary of Defense for Acquisition and Technology, vice R. Noel Longuemare, Jr.

United States · United States Senate · 29 January 1998

Deficit Integrity Act

United States · United States Congress · 29 January 1998

Deficit Integrity Act - Excludes the receipts and disbursements of the social security, Federal military retiree, highway, Medicare, civil service retirement, unemployment, and airports trust funds and any other Federal trust fund included in the gross Federal debt from the Federal budget baseline for any fiscal year. Prohibits such funds from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of offsetting any tax decrease or spending increase.

To amend title 10, United States Code, to provide for termination of a military retiree's required contributions to the military Survivor Benefit Plan after the retiree has made contributions for 30 years and has attained age 70.

United States · United States Congress · 27 January 1998

Terminates, effective on October 1, 2003, a military retiree's required contributions to the military Survivor Benefit Plan after such retiree has made such contributions for 30 years and has attained age 70.

To amend title 38, United States Code, to provide for the submission to Congress and the public of the identity of any individual for whom a waiver of the eligibility requirements for interment in Arlington National Cemetery is granted, and for other purposes.

United States · United States Congress · 27 January 1998

Directs the Secretary of the Army, in the case of any individual for whom the Secretary waives the eligibility requirements for interment in Arlington National Cemetery, to: (1) furnish the name of such individual to the Senate and House Veterans' Affairs Committees; and (2) publish such name in the Federal Register. Mandates that such requirements be met before interment, or, in special circumstances, within five days after such interment. Directs the Secretary to: (1) provide such committees the names of persons requesting such a waiver each year; and (2) notify any person requesting such a waiver of the reporting requirements of this Act.

Honoring the members of the United States Armed Forces who served, and the families of members of the United States Armed Forces who lost their lives or were injured, during the Tet Offensive of the Vietnam War.

United States · United States Congress · 27 January 1998

Honors: (1) the members of the U.S. armed forces who served during the Tet Offensive of the Vietnam War, especially those who lost their lives; and (2) the families of the members who lost their lives or were injured during that Offensive.