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Bill· HRH.R. 3689 (105th)open
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Establishment, Administration, and Jurisdiction Title II: Management Provisions Title III: Transfer Provisions Title IV: Funding Land Between the Lakes Protection Act of 1998 - Title I: Establishment, Administration, and Jurisdiction - Establishes, after a specified transfer under this Act, the Land Between the Lakes National Recreation Area in Kentucky and Tennessee as a unit of the National Forest System. Directs the Secretary of Agriculture (Secretary) to manage the Area for multiple uses, including public recreation, fish and wildlife habitat conservation, plant and animal diversity, hunting and fishing, and environmental education. (Sec. 102) Provides for: (1) civil and criminal jurisdiction with respect to the Area; and (2) payments to States and counties in lieu of taxes, including payments by the Tennessee Valley Authority (TVA). (Sec. 104) Considers all Area paved roads as forest highways. Title II: Management Provisions - Directs the Secretary, as soon as practicable after the transfer, to prepare a land and resource management plan (plan) for the Area in conformity with the National Forest Management Act of 1976, allowing the existing TVA management plan to provide interim management direction. (Sec. 202) Establishes the Land Between the Lakes Advisory Board. Authorizes the Secretary to terminate the Board after the plan has been implemented. (Sec. 203) Authorizes the Secretary to charge reasonable fees for admission to and use of designated sites and activities within the Area, with receipts to be deposited into the Land Between the Lakes Management Fund and used for Area management expenses. (Sec. 204) Authorizes the Secretary to issue a special use authorization to the U.S. Fish and Wildlife Service (USFS) for USFS management of facilities and land agreed on by the Secretary and the Secretary of the Interior. Authorizes the charge of reasonable fees upon lands administered by USFS. Subordinates USFS fish and wildlife activities to overall Area management. (Sec. 207) Designates the North-South Trail in the Area as a national recreation trail under the National Trails System Act. (Sec. 208) Directs the Secretary to conduct an inventory of and ensure access to all Area cemeteries for visitation and maintenance. (Sec. 209) Withdraws Area lands from operation under the Federal mining and mineral leasing laws. Authorizes the Secretary to permit the use of mineral materials for Area development and maintenance. Directs the Secretary to permit hunting and fishing within the Area, with exceptions for reasons of public safety, administration, or public use and enjoyment. (Sec. 210) Makes the TVA and the Army Corps of Engineers responsible for all Area dams, impoundments, and other water facilities. (Sec. 211) Establishes the Land Between the Lakes Trust Fund for: (1) public education, grants, and internships relating to Area recreation, conservation, and multiple use land management; and (2) regional promotion in the Area. Directs the TVA to deposit $1 million annually into the Fund for each of five fiscal years beginning after the enactment of this Act. Title III: Transfer Provisions - Transfers administrative jurisdiction over the Area from the TVA to the Secretary, effective on October 1 of the first year for which the Congress does not appropriate to the TVA at least $6 million for the Area. Calls for the transfer to be completed in an efficient and cost-effective manner, with due consideration to minimum disruption of the personal lives of TVA and Forest Service employees and others affected by such transfer. Directs the Secretary and the TVA to enter into a memorandum of agreement implementing the transfer. Provides the Secretary with access to all TVA Area management records. (Sec. 305) Directs the TVA to: (1) provide the Secretary with an inventory of all Area property and facilities; and (2) use existing funds and current TVA Area personnel (eligible employees) to facilitate the transfer of necessary property and facilities. Authorizes the Secretary to declare as excess any personal property that cannot be efficiently managed and maintained either by the Forest Service or by lease or permit. (Sec. 306) Requires transfer compliance with all applicable environmental laws, under specified procedures. (Sec. 307) Authorizes the Secretary, with respect to the transfer, to hire appropriate personnel and retain eligible employees. Directs the TVA to notify all eligible employees of openings in other TVA units before notifying other individuals of such openings. Requires the Secretary and the heads of the Office of Personnel Management and the Tennessee Valley Authority Retirement System to enter into a memorandum of understanding for the transition of all eligible employees with respect to compensation made available through such System. Provides other employee transition provisions. Title IV: Funding - Makes current TVA funds for Area administration available to the Secretary, and makes funds currently available to the Secretary of the Interior available to the USFS for their Area administration. (Sec. 402) Authorizes appropriations to the Secretaries of Agriculture and the Interior for Area administration and activities.
Law· HRH.R. 3616 (105th)enacted
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Procurement Subtitle A: Authorization of Appropriations Subtitle B: Multi-Year Contract Authorizations Title II: Research, Development, Test, and Evaluation Subtitle A: Authorization of Appropriations Subtitle B: Other Matters Title III: Operation and Maintenance Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: Reserve Mobilization Income Insurance Fund Title V: Military Personnel Policy Subtitle A: Active Forces Subtitle B: Reserve Forces Title VI: Compensation and Other Personnel Benefits Subtitle A: Military Pay Subtitle B: Bonuses and Special and Incentive Pays Subtitle C: Other Matters Title VII: Acquisition Policy and Management Title VIII: Department of Defense Management Subtitle A: General Management Subtitle B: Department of Defense Personnel Management Title IX: General Provisions Subtitle A: Financial Matters Subtitle B: Miscellaneous Report Requirements and Repeals Subtitle C: Matters Relating to Terrorism Subtitle D: Matters Relating to Counter Drug Operations Subtitle E: Other Matters National Defense Authorization Act for Fiscal Year 1999 - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1999 to the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement. (Sec. 104) Authorizes appropriations for FY 1999 for: (1) defense-wide procurement; (2) the Defense Inspector General; (3) the Defense Health Program; and (4) the chemical demilitarization program. Subtitle B: Multi-Year Contract Authorizations - Authorizes the use of multiyear contracts by the Army and Navy for the procurement of certain vehicles, weapons, and aircraft. Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1999 for the armed forces for research, development, test, and evaluation, including activities of the Directors of Test and Evaluation and Operational Test and Evaluation. Subtitle B: Other Matters - Adds additional requirements for inclusion in the low-rate initial production of weapon systems. (Sec. 212) Extends through FY 2003 the authority of the Secretary of Defense (Secretary) to contract with commercial entities to conduct commercial test and evaluation activities at a major range and test facility installation. Title III: Operation and Maintenance - Authorizes appropriations for FY 1999 for operation and maintenance (O&M) for the armed forces and specified activities and agencies of the Department of Defense (DOD). (Sec. 302) Authorizes appropriations for FY 1999 for: (1) working capital and revolving funds; (2) the Armed Forces Retirement Home; and (3) the operation of Fisher houses, to be derived from the Fisher House Trust Fund. (Sec. 305) Authorizes the transfer of up to $150 million from the National Defense Stockpile Transaction Fund to specified O&M accounts. (Sec. 306) Authorizes the Secretary, using available amounts from the Department of Defense Base Closure Account 1990, to pay stipulated damages under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 assessed against McClellan Air Force Base, California. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Sets forth the authorized end strengths for active-duty forces as of the end of FY 1999. (Sec. 402) Repeals a requirement that such end strengths be sufficient to support two simultaneous major regional contingencies. (Sec. 403) Revises the due date of an annual manpower requirements report. (Sec. 404) Exempts from general and flag officer grade limits the position of Director, National Imagery and Mapping Agency. Makes permanent (currently ends October 1, 1998) the authority of the Chairman of the Joint Chiefs of Staff to designate up to 12 general and flag officers serving in joint duty positions for exclusion from such limits. Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 1999 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves. (Sec. 413) Sets forth the authorized end strengths as of the end of FY 1999 for Army and Air Force military technicians (dual status). (Sec. 414) Increases the number of officers and enlisted personnel authorized to serve on active duty in support of the reserves. (Sec. 415) Excludes from active-duty end strength limitations certain reserve personnel on active duty for 181 days or more in support of peacetime requirements of the military services and combatant commands. Subtitle C: Reserve Mobilization Income Insurance Fund - Authorizes appropriations for the Reserve Mobilization Income Insurance fund. Title V: Military Personnel Policy - Subtitle A: Active Forces - Authorizes the Secretary to determine the composition of selective early retirement boards convened for determining retirement status with respect to Naval Reserve rear admirals or Marine Corps Reserve major generals. (Sec. 503) Provides active status service requirements, for promotion consideration purposes, for Army and Air Force Reserve brigadier generals. (Sec. 504) Authorizes the posthumous appointment of officer commissions and warrants, making the date of appointment the date of death. (Sec. 505) Excludes regular chief warrant officers in the W-4 grade from provisions requiring involuntary retirement due to non-selection for promotion. (Sec. 506) Adds required procedures for the selection of judge advocate generals and assistant or deputy judge advocate generals of the military departments. (Sec. 507) Establishes a three-year term of office for the Chief of the Air Force Nurse Corps. (Sec. 508) Provides time-in-grade requirements for reserve general and flag officers who are involuntarily transferred from an active status. (Sec. 509) Eliminates the requirement for a board of review after a board of inquiry determination relating to an officer's substandard performance of duty or certain other findings. (Sec. 510) Authorizes retired and former officers to be considered for promotion by special promotion selection boards. Subtitle B: Reserve Forces - Authorizes the Secretary of the military department concerned to order members under his jurisdiction to perform functions in support of the defense agencies and either the active or reserve components. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Military Pay - Waives any FY 1999 military pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases the rate of basic pay of members of the uniformed services by 3.1 percent, effective January 1, 1999. Subtitle B: Bonuses and Special and Incentive Pays - Extends through FY 2001 certain bonuses and special pay for specially skilled military personnel, including nuclear-qualified personnel. (Sec. 612) Extends through FY 2000 certain bonuses and special pay authorities for reserve personnel. (Sec. 613) Extends through FY 2001 the special pay authority for nurse anesthetists. (Sec. 614) Provides reenlistment bonus eligibility for reserve personnel who perform active National Guard and Selected Reserve duty. (Sec. 615) Increases from $4,000 to $6,000 the maximum bonus for Army enlistment. Subtitle C: Other Matters - Authorizes the Secretary, or the Secretary of Transportation with respect to the Coast Guard when it is not operating under the Navy, to provide a transportation allowance for rest and recuperation travel during a period in which personnel perform at a duty station within a contingency operation, or in other appropriate circumstances as determined by such Secretary. Provides allowance limits. (Sec. 622) Deletes the Panama Canal Zone from inclusion within the definition of a U.S. possession. (Sec. 623) Allows for the storage of unaccompanied baggage of military dependent students. (Sec. 625) Provides for the restoration of annual leave lost due to the closure of an installation in the Republic of Panama in accordance with the Panama Canal Treaty of 1977. Extends through December 31, 2003, the period during which annual leave lost due to the closure of a military installation under a base closure law will be restored. (Sec. 627) Authorizes the Superintendent of a U.S. military academy to order a cadet or midshipman to be placed on involuntary leave without pay: (1) after a suspension pending separation; (2) to repeat an academic semester or year; or (3) for other good cause. (Sec. 628) Repeals the requirement that no more than ten percent of reenlistment bonuses paid during a fiscal year exceed $20,000. (Sec. 629) Amends the Defense Dependents' Education Act of 1978 to authorize the Secretary, and the Secretary of Transportation with respect to the Coast Guard in appropriate circumstances, to provide an educational allowance to the sponsors of military dependent students in overseas areas in which DOD has not established defense dependents' schools. (Sec. 630) Amends the Civilian Health Medical Program of the the Uniformed Services (CHAMPUS) concerning the defense plan for military dependents to: (1) revise the premium amount; and (2) authorize the integration of a basic dental benefit plan into the TRICARE Program (a DOD managed care program). (Sec. 631) Provides for the recovery, care, and disposition of remains of military personnel who die while hospitalized after having been retired by reason of medical disability for an injury, illness, or disease incurred while on active duty, as long as the hospitalization has been continuous since such retirement. (Sec. 632) Revises the voluntary separation incentive program to ensure continued eligibility for members who involuntarily lose membership in a reserve component due to age, years of service, failure of promotion, or medical disqualification. (Sec. 633) Revises the defense domestic dependent elementary and secondary school program to: (1) allow dependents of Federal employees not residing on a military installation to be enrolled in a school program for more than five consecutive school years, at the discretion of the Secretary, where the dependent is qualified, space is available, and the Secretary will be reimbursed for educational services provided. Authorizes the enrollment in such school of the dependent of military personnel assigned to a remote or unaccompanied assignment when such dependent is residing in a U.S. territory, commonwealth, or possession. (Sec. 634) Extends until October 1, 2003: (1) the period during which the Secretary concerned may reduce the required term of active service before qualification for retirement for regular or reserve commissioned officers; (2) the period of exemption from required retirement for certain limited duty Navy commanders and captains; and (3) the exemption from mandatory retirement for failure of promotion for certain Navy and Marine Corps officers designated for limited duty. Title VII: Acquisition Policy and Management - Limits the authority of the head of a defense procuring activity to delegate the approval of the use of noncompetitive procedures in the procurement process. Amends the Federal Property and Administrative Services Act of 1949 to set similar limits with respect to the head of a Federal procuring activity. (Sec. 702) Repeals a provision stating that a defense contractor or subcontractor who is granted a waiver from procurement cost or pricing data requirements shall be considered to have met such requirements for purposes of tiered contracts (contracts having one or more contractors and subcontractors). Makes a similar repeal under the Federal Property and Administrative Services Act of 1949 with respect to nondefense contractors or subcontractors. (Sec. 704) Repeals a provision requiring equal allocation of procurement technical assistance program funding among Defense Contract Administrative Services regions. (Sec. 705) Amends the Defense Acquisition Improvement Act of 1986 to repeal the requirement of certain Defense Inspector General oversight of undefinitized contractual actions. (Sec. 706) Amends the Contracts Disputes Act of 1978 to specify the date for the Government payment of interest on contractor cost claims. (Sec. 707) Requires personnel to be assigned to the following positions for no fewer than three years: (1) program manager or deputy manager for a significant nonmajor defense acquisition program; (2) program executive officer; (3) general or flag officer or equivalent position; or (4) senior contracting official. (Currently, such requirement extends only to critical acquisition positions.) (Sec. 708) Makes eligible for the defense acquisition corps certain personnel who served as a GS-13 or above but were downgraded below such level due to a reduction in force, a base closure, or reason other than for cause. (Sec. 709) Amends the Federal Acquisition Streamlining Act with respect to a test program within the Office of Federal Procurement Policy of alternative and innovative procurement procedures to: (1) remove the requirement that no more than one such test be conducted in any single procuring agency; (2) allow two (currently, one) contracts awarded for such tests to exceed $5 million; (3) reduce from 270 to 120 days before the conduct of a test the date by which a detailed test plan is required to be submitted to specified congressional committees; and (4) extend until January 1, 2003, the termination of the test program. (Sec. 710) Amends the National Defense Authorization Act for Fiscal Year 1991 to: (1) remove the word "Pilot" from the Mentor-Protege Pilot Program; (2) authorize DOD to conduct an initiative that would allow DOD to participate in the mentoring of women-owned small business proteges; and (3) expand the definition of a disadvantaged small business concern for purposes of such Program. (Sec. 711) Authorizes holding General Accounting Office protest proceedings in abeyance when the agency involved has agreed to suspend contract award or performance pending completion of any agency protest procedure and any subsequent protest timely filed before the Comptroller General. (Sec. 712) Amends the Department of Defense Appropriations Act, 1993 to revise restrictions on DOD procurement from foreign sources of cotton, silk, wool and other natural fibers and specified derivative products. Title VIII: Department of Defense Management - Subtitle A: General Management - Increases from $5 million to $10 million the authorized annual DOD expenditures for the humanitarian clearance of landmines. Prohibits more than ten percent of such funds from being used to pay reserve personnel performing duty in connection with landmine clearing training and related activities. (Sec. 802) Authorizes the Secretary to impose a surcharge for dishonored checks issued to the Defense Commissary Agency and to deposit collected amounts in the commissary trust revolving fund for payment of costs incurred in collecting on such checks. Provides authorized means of collection, including military pay or entitlements deductions, Federal withholdings, or the use of private collection agencies. (Sec. 803) Amends the Armed Forces Retirement Home Act of 1991 to revise generally the retirement home inspection requirements of the DOD Inspector General. (Sec. 804) Amends the National Security Act of 1947 to exempt operational files of the National Imagery and Mapping Agency (NIMA) from certain public search, review, publication, and disclosure requirements of the Freedom of Information Act. Provides for: (1) exceptions; and (2) judicial review of contested cases of withheld records. Requires the Directors of NIMA and Central Intelligence, at least every ten years, to review exempted records to determine whether they may be removed from exemption. Provides for judicial enforcement of such review requirement. (Sec. 805) Authorizes the Secretary to withhold from public disclosure any geodetic product that the Secretary has determined would, if disclosed, interfere or unfairly compete with an emerging or existing commercial industry or market operation. (Sec. 806) Repeals a provision of the National Defense Authorization Act for Fiscal Year 1998 which requires certain prior approval procedures with respect to the export of high performance computers. (Sec. 807) Amends the National Defense Authorization Act for Fiscal Year 1991 to repeal a provision concerning the authority to waive certain requirements prior to the transfer of the tactical airlift mission to the reserve components. (Sec. 808) Requires funds received from the Federal Republic of Germany representing its share of the costs of the George C. Marshall European Center for Security Studies to be used for Center costs. Authorizes the Secretary to waive reimbursement of certain Center costs for military officers and civilian officials of cooperation partner states of the North Atlantic Cooperation Council or the Partnership for Peace when determined to be in the national security interest. Provides a similar waiver with respect to the Asia Pacific Center for Security Studies for military officers and civilian officials of the Asia Pacific Region. Subtitle B: Department of Defense Personnel Management - Authorizes the Secretary to commence a demonstration project of proposals for improving the personnel management policies or procedures for the Defense Commissary Agency. Provides project terms and conditions, limiting the project's scope to the Agency's workforce. Provides project conditions with respect to employees covered by a collective bargaining agreement. (Sec. 812) Eliminates an employment preference program for the hiring of military spouses as DOD child care employees. (Sec. 813) Preserves certain civil rights protection for former Defense Mapping Agency employees who continue such employment with NIMA. (Sec. 815) Authorizes (currently requires) the Secretary to establish a program for U.S. scientists, engineers, and managers to learn Japanese language and culture. (Sec. 816) Authorizes the Secretary, for five years, to appoint scientific and engineering personnel to conduct experimental research and development through the Defense Advanced Research Projects Agency. Directs the Secretary to report annually to the defense committees on the use of such authority. Title IX: General Provisions - Subtitle A: Financial Matters - Repeals the requirement for a: (1) separate budget request for the procurement of reserve equipment; and (2) two-year DOD budget cycle. (Sec. 903) Amends the Department of Defense Authorization Act, 1986 to require the Director of the Federal Emergency Management Agency (FEMA) to administer a program to provide off-post emergency preparedness to protect the public in the vicinity of installations where lethal chemical agents and munitions are stored. Authorizes the Director to establish an incentive program to encourage States and local governments to achieve early, efficient, and cost-effective preparedness. Requires the Director to report annually to the Congress on program activities. Requires program funds to be set out in a separate defense-related FEMA account. (Sec. 904) Authorizes the Secretary to transfer funds from specified defense accounts for combating terrorism or for force protection. (Sec. 905) Authorizes the Secretary to transfer funds between DOD investment appropriations within acquisition category I and II programs or clearly defined groups of associated acquisition programs, with transfer limits of $500 million per year and $20 million per program. (Sec. 906) Requires annual amounts requested for activities of the Ballistic Missile Defense Organization to be set forth in accordance with specified program elements. Requires amounts requested for Theater and National Missile Defense major defense acquisition programs to be specified in individual dedicated program elements, and to be available only for Ballistic Missile Defense activities. Requires management and support requests to be included within the program elements. (Sec. 907) Authorizes the Secretary, after 30 days' prior notification to the appropriate congressional committees, to transfer funds from DOD O&M accounts to military personnel accounts, to be used for military family housing privatization projects. (Sec. 909) Authorizes the Secretary to pay licensing or other fees to foreign countries or international organizations in connection with the sale there of maps, charts, and navigational books. (Sec. 910) Authorizes the Secretary concerned to charge and retain fees for providing historical information to public requesters from the United States Army or Air Force Military History Institute or the Naval or Marine Corps Historical Center. Subtitle B: Miscellaneous Report Requirements and Repeals - Repeals a report: (1) concerning a NATO conventional defense assessment of allied performance, NATO conventional defense capabilities, and allied burdensharing; (2) relating to the joint training of special operations forces with friendly foreign forces; (3) on the Defense Business Operations Fund; (4) on the Defense Contract Audit Agency's authority to subpoena records of defense contractors; (5) on the use of funds from the lease of non-excess DOD property; (6) concerning the alternative utilization of military facilities; and (7) concerning a proposed contract for the sale of Gregg Circle Area, Fort Jackson, South Carolina. (Sec. 918) Requires the report on demonstration projects relating to the military health care delivery system to be submitted annually (currently, semiannually). (Sec. 922) Provides an exception from the requirement for a report from the Secretary concerned to the defense committees before entering into certain real property transactions with respect to any such transaction made in connection with a declaration of war, national emergency, or major disaster, a riot, or a contingency operation. Requires such a report within 30 days after entering into such a transaction. (Sec. 923) Repeals certain notification requirements with respect to DOD Inspector General investigations. (Sec. 924) Amends the Department of Defense Appropriations Act, 1989 to repeal the reporting of certain elements of DOD overseas basing costs. (Sec. 925) Directs the Secretary concerned to notify the appropriate congressional committees in the case of architectural and engineering services and construction design for which the estimated costs exceed $500,000 (currently $300,000). Subtitle C: Matters Relating to Terrorism - Authorizes the Chairman of the Joint Chiefs of Staff (currently, only the Secretaries of Defense and the military departments) to purchase right-hand drive motor vehicles for use in a foreign country. Authorizes each such official to purchase nontactical armored passenger vehicles under emergency situations for combating terrorism and for military force protection support. (Sec. 932) Authorizes the Secretary to make DOD personnel available to operate equipment with respect to a foreign or domestic counterterrorism operation or a rendition of a suspected terrorist from a foreign country to the United States for trial. Subtitle D: Matters Relating to Counter Drug Operations - Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 2004 DOD's authority to provide support to other Federal agencies and law enforcement officials for counter-drug activities. Authorizes the Secretary to conduct domestic outreach programs to reduce the demand for illegal drugs among youths. (Sec. 942) Amends the National Defense Authorization Act for Fiscal Year 1997 to: (1) authorize DOD to provide counter-drug support for specified Caribbean countries; (2) extend through FY 2004 the authority to provide such support; and (3) increase the amount authorized for such purpose. Subtitle E: Other Matters - Redefines "financial institution" for purposes of Federal Government reimbursement of charges incurred by military personnel or Federal employees because of Government error in the direct deposit of pay. (Sec. 952) Amends the Supplemental Appropriations Act, 1987 to authorize drug test results of civil service mariners of the Military Sealift Command to be released to the Coast Guard to the same extent that similar submissions are required from commercial vessel operators. (Sec. 953) Provides for the disposition of amounts collected through military claims services from third parties for loss or damage to personal property shipped or stored at Government expense. (Sec. 954) Allows polychlorinated biphenyls located outside of U.S. customs territory but in U.S. possession and control to be imported for disposal within U.S. customs territory. (Sec. 955) Authorizes the Secretary of the Army to lease up to 500 units in Italy and 800 units in Korea, subject to the maximum lease amount, for military family housing purposes. (Sec. 956) Authorizes the Secretary to conduct a pilot program under which the Secretary's agent would be exempt from providing a copy of notice or service as currently required when providing notice and taking action to enforce obligations for child support and alimony payments among military personnel under provisions of the Social Security Act. Requires a report describing the program from the Secretary to the Speaker of the House and the President of the Senate. Terminates the program at the end of FY 2000. (Sec. 957) Authorizes the Secretary of the Navy to enter into the long-term charter of three specified vessels in support of Navy submarine rescue, escort, and towing.
Bill· HRH.R. 3680 (105th)referred
United States · United States Congress · 1 April 1998
English Language Fluency Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish a program to help children and youth learn English under title VII, changing its from Bilingual Education, Language Enhancement, and Language Acquisition Programs to English Language Fluency and Foreign Language Acquisition Programs. Requires that parents be given: (1) notification of a child's identification as needing English language instruction; (2) the right to consent, or not, to the child's participation in such program; and (3) program information and notice of opportunities for regular meetings to formulate and get responses to their recommendations. Authorizes appropriations. Directs the Secretary of Education to reserve a specified portion of such appropriations for specified entities serving Native American or Alaska Native children and youth at elementary, secondary, and postsecondary school levels. Directs the Secretary to make English language acquisition formula grants to States for: (1) subgrants to eligible entities to provide assistance to children and youth who are English language learners, as well as immigrant children and youth; and (2) professional development and personnel certification, technical assistance to local educational agencies, planning, administration, and interagency coordination. Provides that nothing in this Act shall be construed as requiring a State or a local educational agency to establish or continue a program of native language instruction. Authorizes the Secretary to conduct, through the Office of Educational Research and Improvement, research to improve English language instruction for children and youth who are English language learners and immigrant children and youth. Limits such research- related activities to: (1) identification of successful models for teaching children English; and (2) distribution of research results to States for dissemination to schools with populations of students who are English language learners. Prohibits such research from focussing on any one method of instruction. (Sec. 2) Repeals authority for the Emergency Immigrant Education Program. (Sec. 3) Revises ESEA title VII administrative coordination and reporting requirements. Provides for commingling of different ESEA funds. Repeals certain provisions relating to release time, education technology, notification of State agencies, and continued eligibility of entities receiving funds. (Sec. 4) Declares that nothing under ESEA title VII shall be construed to negate or supersede the legal authority under State law of State agencies, State entities, or State public officials over programs that are under their jurisdiction.
Bill· HRH.R. 3686 (105th)referred
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Grants to Model States Subtitle A: Grants To Improve the Quality of Child Care Services Subtitle B: Grants to Business Consortia Subtitle C: General Provisions Title II: Child Care Standards Enforcement Title III: Loan Deferral Title IV: Research and Demonstrations Title V: Amendments to the Child Care and Development Block Grant Act of 1990 Title VI: Child and Adult Food Program Title VII: Sense of the Congress Model States Child Care Enhancement Act of 1998 - Title I: Grants to Model States - Subtitle A: Grants To Improve the Quality of Child Care Services - Authorizes the Secretary of Health and Human Services (HHS) to make grants to eligible States to improve the quality of child care services. (Sec. 101) Requires such grants to be used by States for purposes the Secretary shall specify by rule, including: (1) providing specified types of State or federally approved, developmentally appropriate child care training (beyond certain basic training) to individuals who are, or are employed by, compensated child care providers; (2) requiring health consultation and age-appropriate immunization to children who receive child care services assisted under the Child Care and Development Block Grant Act of 1990 (CCDBGA) and to other children who receive center-based child care; (3) assisting eligible child care providers to achieve developmentally appropriate child-per-caregiver ratios established by a national accrediting association; (4) making competitive grants to persons for improvements and startup costs incurred to become eligible child care providers; (5) paying costs incurred to obtain comprehensive background checks; (6) increasing payment rates to providers who serve children under CCDBGA and, at State option, require providers to seek accreditation or otherwise enhance the quality of their child care services as a condition of receiving increased payment rates; (7) expanding activities, including resource and referral systems, to educate parents on child care availability and quality; and (8) improving child care availability and quality for children with special needs, including those relating to health and disabilities. (Sec. 102) Requires a State, in order to be eligible to receive such a grant for a fiscal year, to submit to the Secretary an application with specified certifications of State requirements relating to: (1) center-based and group home child care providers to obtain from the State or local government a preemployment criminal background check of each individual subsequently employed to provide child care services, at a cost to providers not to exceed the lesser of $50 or 50 percent of the State or local cost of conducting each check; and (2) State or local health and safety inspections of center-based child care providers at least semiannually, group home child care providers at least annually, family child care providers at least biennially, and all other child care providers periodically. Requires States to certify that: (1) all caregivers who provide child care assisted under CCDBGA receive training in providing medical first aid; (2) caregivers who are, or are employed by, compensated child care providers have specific minimum training determined and provided by the lead agency; (3) all compensated child care providers obtain from parents (or legal guardians) information regarding whether children have received age-appropriate immunizations; (4) specific developmentally appropriate child-per-caregiver ratios apply to center-based child care providers in the State; and (5) the State complies with grant requirements under this title and with specified provisions of CCDBGA. Requires State assurance that it will not reduce or remove any State requirement applicable to child care providers that exceeds any requirement applicable under this title. Requires any State receiving a grant for a fiscal year that applies for another grant in a subsequent fiscal year to demonstrate that it has enforced such requirements. (Sec. 103) Requires allotment among the States of such grants to be based on a specified formula under the Social Security Act. Subtitle B: Grants to Business Consortia - Directs the Secretary to make grants to States to provide grants to eligible entities to improve access to affordable, local, quality child care services. (Sec. 151) Makes eligible for such a grant a consortium that: (1) has not received a grant under this title; and (2) consists of representatives from at least five businesses (or a nonprofit organization that represents at least five businesses), each of which, to the maximum extent practicable, is located in the same geographic region. Requires States to give priority, in providing such grants, to eligible entities that consist of a majority of representatives from small businesses. Sets a maximum limit on the amount of any such grant provided to an eligible entity for any fiscal year. Sets forth requirements for grant applications, use of funds, and matching funds. Subtitle C: General Provisions - Authorizes appropriations. Title II: Child Care Standards Enforcement - Amends CCDBGA to establish a program of annual payments to States for child care standards enforcement. (Sec. 201) Requires States, to be eligible for such payments for a fiscal year, to: (1) include a child care standards enforcement plan in their State plans; and (2) report specified data on enforcement of child care quality and safety plans. Authorizes appropriations. Title III: Loan Deferral - Amends the Higher Education Act of 1965 to provide for student loan deferral for certain child care providers under specified programs for federally insured loans, federally guaranteed loans, and Federal direct student loans. Title IV: Research and Demonstrations - Amends CCDBGA to authorize the Secretary of HHS, directly or through grants, contracts, or other arrangements, to carry out research, demonstration projects, and other activities relating to child care services, including activities designed to improve the quality and increase the availability of child care services. (Sec. 401) Includes among allowable activities under such research and demonstrations program: (1) research on child care needs of low-income families; (2) demonstrations of technology-based education and training; (3) demonstration projects for new methods; (4) a National Center on Child Care Statistics; and (5) a hotline to locate local child care resources, and child care consumer education activities. Authorizes appropriations. Title V: Amendments to the Child Care and Development Block Grant Act of 1990 - Amends CCDBGA to require that State certification relating to payment rates, for child care services for which assistance is provided, be based on a survey of the cost of child care services in local markets throughout the State, conducted not more than two years before the date the State application for a block grant is submitted. (Sec. 502) Extends through FY 2003 the authorization of appropriations for CCDBGA. Title VI: Child and Adult Food Program - Amends the National School Lunch Act to increase reimbursement rates for family or group day care homes under the child and adult care food program. Title VII: Sense of the Congress - Expresses the sense of the Congress that funds should be appropriated under the amendments made by this Act to the maximum extent authorized and consistently with achieving a balanced Federal budget.
Bill· HRH.R. 3666 (105th)referred
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Amendments to the National School Lunch Act Title II: Amendments to the Child Nutrition Act of 1966 Title III: Amendments to the Commodity Distribution Reform Act and WIC Amendments of 1987 Child Nutrition and WIC Reauthorization Amendments of 1998 - Title I: Amendments to the National School Lunch Act - Amends the National School Lunch Act (NSLA) with respect to direct expenditures for agricultural commodities and other foods to repeal requirements for: (1) interim sources of funds pending supplemental appropriations; and (2) State matching funds for such interim funds and for cash donations in lieu of commodity donations. (Sec. 102) Allows State agencies to retain up to one-half of any program funds recovered during State-conducted audits or reviews of school food authorities, institutions, and service institutions participating in food assistance programs authorized under NSLA and the Child Nutrition Act of 1966 (CNA). Requires State agencies to use such funds for otherwise allowable program costs to improve management operations of such programs within the State, including by providing funds to school food authorities, institutions, and service institutions participating in such programs. (Sec. 103) Repeals a prohibition against requiring a State to match Federal funds for meals in private schools if the State educational agency is prohibited by law from disbursing State appropriated funds to private schools. Sunsets the Secretary of Agriculture's authority to disburse NSLA program funds to schools directly at the end of FY 2000. Requires the Secretary to provide training and technical assistance to State agencies which assume program administration from the Secretary on or before October 1, 2000. (Sec. 104) Requires all schools participating in the National School Lunch Program (lunch program) under NLSA or the School Breakfast Program (breakfast program) under CNA in which meals are prepared on site to obtain inspections twice during each school year that indicate food service operations meet State or local health and safety standards. (Sec. 105) Repeals the Secretary's authority, acting through the Administrator of the Food and Nutrition Service or through the Extension Service, to award grants for food and nutrition demonstration projects. Requires schools participating in the lunch program or breakfast program to make every effort to establish meal service periods that provide children adequate time to fully consume their meals in an environment conducive to eating. (Sec. 106) Directs the Secretary to require that schools in the contiguous United States purchase for the lunch program and breakfast program, whenever possible, only food products that are produced in the United States. (Sec. 107) Revises the NLSA summer food service program to apply to suppers and supplements the Secretary's authority to establish adjustments to reimbursement rates in the States of Alaska and Hawaii, and in specified territories, to reflect differences in costs from those in all other States. Revises the eligibility criteria for private nonprofit institutions under the summer food service program to increase from five to 25 the number of sites they may operate. Repeals certain summer food service program requirements relating to: (1) a March 1st deadline for indication of interest; (2) restrictions on meal contracting; and (3) vendor registration. Extends through FY 2002 the authorization of appropriations for the NLSA summer food service program. (Sec. 108) Reauthorizes through FY 2002 the NSLA commodity distribution program, which may use Commodity Credit Corporation (CCC) and other specified funds to purchase agricultural commodities for use in programs under NLSA, CNA, and the Older Americans Act of 1965. (Sec. 109) Revises NLSA child and adult care food program requirements for licensing and alternate approval for schools and outside school hours child care. Reinstates categorical eligibility, under the NLSA child care food program, for participants in the Even Start program of the Elementary and Secondary Education Act of 1965. (Extends such eligibility through FY 2002; it had ended with FY 1997.) Revises conditions for child and adult care program participation by institutions moving toward compliance with the requirement for tax exempt status. Repeals a notification requirement for incomplete applications. Requires State agencies, at least once every two years, to provide notification of child and adult care program availability, participation requirements, and application procedures to each nonparticipating institution or family or group day care home that is located in a needy area within the State, and has Federal, State, or local licensing or approval or receives funds under Social Security Act block grants to States for social services. Repeals the requirement that a participating State provide sufficient training, technical assistance, and monitoring to facilitate effective program operation. Repeals the Secretary's mandate to make funds available each fiscal year for State audits of participating institutions in the child care food program. Directs the Secretary to provide State agencies with increased levels of training and technical assistance for their management and oversight of the child and adult care program. Allows institutions that provide care to at-risk school children during after-school hours, weekends, or holidays during the regular school year to participate in the child care food program. Defines as at-risk any children who: (1) are age 12 through 18; and (2) live in a geographical area served by a school enrolling elementary students in which at least 50 percent of the total number of children enrolled are certified eligible to receive free or reduced price school meals under NSLA or CNA. Allows such institutions to claim reimbursements, at the free supplement rate, only for: (1) supplements served without charge to at-risk school children during after-school hours, weekends, or holidays during the regular school year; and (2) one supplement per child per day. Directs the Secretary to provide State agencies with information concerning the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC program) under CNA. Requires State agencies to ensure that each participating child care center (other than institutions providing care to school children outside of school hours) receives certain WIC program informational materials and updates, and provides such information to parents of enrolled children annually. Repeals specified termination dates to grant permanent authorization to demonstration projects for child care food program qualification of private for-profit organizations providing nonresidential day care services. (Sec. 110) Allows emergency shelter homeless programs to participate in the child and adult care food program. Allows shelters to claim reimbursements, at the free supplement rate, only for: (1) supplements served without charge to resident children through age 12; and (2) not more than three meals or two meals and a supplement per child per day. (Sec. 111) Repeals authority for certain demonstration projects involving: (1) meals and supplements outside of school hours; (2) fortified fluid milk; (3) fruits, vegetables, legumes, cereals, and grain-based products; (4) low-fat dairy products and lean meat and poultry products; and (5) reduced paperwork and application requirements and increased participation. (Sec. 112) Extends through FY 2002 the authorization of appropriations for training and technical assistance under the child and adult care food program. (Sec. 113) Extends through FY 1999 authority to fund the food service management institute, including mandatory and discretionary activities. (Sec. 114) Extends through FY 2002 the authorization of appropriations for compliance and accountability activities under the child and adult care food program. (Sec. 115) Extends through FY 1999 authority to fund an information clearinghouse for nongovernmental groups on food assistance and self-help activities for low-income individuals and communities. Makes the Secretary's authority to contract for such a clearinghouse discretionary rather than mandatory. Waives competition requirements for a contract with any organization that has performed satisfactorily under a previous clearinghouse contract. (Sec. 116) Repeals the requirement that the Secretary provide guidance and grant assistance to eligible entities for accommodating special dietary needs of individuals with disabilities who participate in covered programs under NSLA and CNA. Authorizes the Secretary to carry out accommodation activities, including guidance, technical assistance, training, and grants for State agencies and eligible entities. Title II: Amendments to the Child Nutrition Act of 1966 - Amends the Child Nutrition Act of 1966 (CNA) to Sunsets the Secretary of Agriculture's authority to disburse CNA program funds to schools directly at the end of FY 2000. Requires the Secretary to provide training and technical assistance to State agencies which assume program administration from the Secretary on or before October 1, 2000. (Sec. 202) Repeals specified requirements for reallocation of State administrative expense funds. Eliminates the ten percent limitation on the transfer of administrative expense funds under CNA and NSLA. Extends through FY 2002 the authorization of appropriations for State administrative expenses under CNA. (Sec. 203) Establishes additional program application requirements, involving physical presence, income documentation, and verification, for the special supplemental nutrition program for women, infants and children (WIC program). Authorizes the Secretary to provide bulk quantities of WIC program nutrition education materials to State agencies administering the Commodity Supplemental Food Program under the Agriculture and Consumer Protection Act of 1973 at no cost to that program. Extends through FY 2002: (1) the authorization of appropriations for the WIC program and for the WIC farmers market nutrition program; and (2) requirements to use certain WIC funds for allocations to State agencies for costs of nutrition services and administration, and for program infrastructure and information, projects of regional or national significance, and breastfeeding promotion and support activities. Revises WIC program requirements relating to: (1) infant formula procurement; (2) spend-forward authority; (3) matching funds requirement; (3) ranking criteria for farmers market nutrition program State plans; and (4) disqualification of certain vendors convicted of trafficking or illegal sales. (Sec. 204) Authorizes appropriations in necessary amounts (currently gives a specified amount for each fiscal year) for FY 1999 through 2002 for the nutrition education and training program under CNA. Title III: Amendments to the Commodity Distribution Reform Act and WIC Amendments of 1987 - Amends the Commodity Distribution Reform Act and WIC Amendments of 1987 to revise provisions relating to applicability and customer acceptability information. (Sec. 302) Adds to such Act food distribution requirements relating to the Secretary of Agriculture's authority to: (1) transfer commodities between programs; (2) resolve claims; (3) use specified funds to make payment of costs associated with management of commodities which pose a health or safety hazard; and (4) accept commodities donated by Federal sources.
Bill· HRH.R. 3624 (105th)referred
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Violence Against Women Act of 1994 Title II: Family Violence Prevention and Services Act Title III: Older Americans Act of 1965 Title IV: Public Health Service Act Title V: Right to Financial Privacy Act of 1978 Older Women's Protection From Violence Act of 1998 - Title I: Violence Against Women Act of 1994 - Amends the Violence against Women Act of 1994 to direct the Attorney General to: (1) make grants to law school clinical programs to fund the inclusion of cases addressing issues of elder abuse, neglect, and exploitation, including domestic violence, and sexual assault against older individuals; and (2) develop curricula and provide for the offering of training programs regarding such issues for law enforcement officers, prosecutors, and relevant Federal, State, and local court officials. Authorizes appropriations. Title II: Family Violence Prevention and Services Act - Amends the Family Violence Prevention and Services Act to include elder domestic abuse and adult protective services within its ambit of services, grants, and demonstration grants for community initiatives. Title III: Older Americans Act of 1965 - Amends the Older Americans Act of 1965 to direct the Assistant Secretary of Health and Human Services for Aging to consider the importance of research about the sexual assault of older women when establishing research priorities for grants or contracts for research and demonstration projects on elder abuse. (Sec. 303) Authorizes appropriations without fiscal year limitation for grants to implement a State long-term care ombudsman program. (Sec. 304) Directs the Assistant Secretary, when making grants and contracts, to give special consideration to projects designed to: (1) expand access to domestic violence shelters and programs for older individuals and encourage the use of certain facilities as emergency short-term shelters; and (2) promote research on legal, organizational, or training impediments to providing services to older individuals through shelters and programs. (Sec. 305) Authorizes appropriations without fiscal year limitation for the ombudsman program and for the elder abuse prevention program. (Sec. 306) Directs the Secretary to make grants to: (1) nonprofit private organizations to support projects in local communities to coordinate activities for intervention in and prevention of elder abuse, including domestic violence and sexual assault; and (2) develop outreach programs for assisting victims of elder abuse, including some for assisting individuals in certain senior housing facilities. Authorizes appropriations. (Sec. 307) Directs the Secretary to develop curricula and implement continuing education training programs for certain providers of health care and social services to improve their ability to recognize and address elder abuse situations. Title IV: Public Health Service Act - Elder Abuse Identification and Referral Act of 1998 - Amends the Public Health Service Act to instruct the Secretary, when awarding grants or contracts, to give preferences to health professions schools or programs that condition the awarding of their degrees or certificates upon significant student training in specified areas of elder abuse identification and treatment. Title V: Right to Financial Privacy Act of 1978 - Amends the Right to Financial Privacy Act of 1978 to permit a financial institution to report suspected financial exploitation of an older individual to law enforcement entities, or government-regulated adult protective services entities. Shields such institution from liability for making such disclosure.
Bill· HRH.R. 3676 (105th)referred
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: National Food Safety Program Title II: Research and Education Title III: Enforcement Title IV: Authorization Consumer Food Safety Act of 1998 - Title I: National Food Safety Program - Declares that persons who produce or process food for human consumption are responsible for preventing or minimizing food safety hazards. Mandates a national program to protect human health by ensuring that the food industry has effective safety programs for food consumed in the United States. Includes in required program elements: (1) oversight procedures; and (2) health-based standards for possible food contaminants and safety and sanitation in food processing and handling. (Sec. 102) Requires that any food processing facility and importer register. (Sec. 103) Mandates regulations: (1) setting standards for sanitation and tolerances for biological, chemical, and physical hazards; (2) requiring process controls, recordkeeping, and sampling; and (3) providing for agency records access. (Sec. 104) Mandates unannounced inspections at least quarterly of processing and importing facilities. (Sec. 105) Mandates tolerances (including indicators) for contaminants, except for pesticide residues regulated under specified provisions of the Federal Food, Drug, and Cosmetic Act (FDCA). (Sec. 106) Authorizes assistance to a State in planning and implementing a food safety program (including advice, technical and laboratory assistance and training, and financial aid). Authorizes, under agreements with Federal, State, or local agencies, on a reimbursable basis or otherwise, use of the personnel, services, and facilities of such agencies. (Sec. 107) Mandates a comprehensive and efficient system to ensure imported food safety, including routine inspections of processing facilities in exporting nations and of imports at ports of entry. Prohibits importing, or withdrawing from a warehouse for U.S. consumption, of a food that appears unsafe, adulterated, or misbranded, is not marked or labeled as required, or does not comply with this section. Deems foods not so prohibited to be, and requires that they be treated (except for origin labeling) as, domestic. Authorizes the Secretary of Health and Human Services to enter into an agreement with any nation desiring to export food to the United States. Sets forth requirements for the agreement, including that the exporting nation agree to reciprocity regarding the treatment of food imports and exports between the United States and the exporting nation. Title II: Research and Education - Mandates: (1) inclusion of food in an active surveillance system and more accurate assessment of the frequency and sources of U.S. human illness associated with food; (2) establishment of guidelines for a sampling system; and (3) ranking of food categories based on their hazard to human health and identification of industry and regulatory approaches to minimize hazards. (Sec. 202) Requires: (1) a national food safety public education program; (2) regional and national food safety advisories; (3) standardized written and broadcast advisory formats; and (4) incorporation of State and local advisories into the national program. (Sec. 203) Mandates research to assist in the implementation of this Act. Title III: Enforcement - Amends the FDCA to require any person (other than an intended consumer) with a reasonable basis for believing that any food in interstate commerce (or held for sale after interstate shipment) may be in violation of this Act to notify the Secretary of the food's identity and location. Provides, if the Secretary finds that there is a reasonable probability that the food, if consumed, would present a public health threat, for voluntary and mandatory recalls. Authorizes civil monetary penalties for violations of this Act. Prohibits retaliation against employee or other whistleblowers or against a person who refuses to violate a law, rule, or regulation. Applies specified FDCA provisions to this Act for this Act's administration and enforcement. Authorizes the Secretary to impose traceability requirements on a type or class of food when necessary to assure the protection of public health. Allows any person to commence a civil action against: (1) any person who violated any rule, tolerance, order, or other action of the Secretary to ensure food safety; or (2) the Secretary for alleged failure to perform any nondiscretionary act or duty. Title IV: Authorization - Authorizes appropriations to carry out this Act.
Bill· HRH.R. 3640 (105th)referred
United States · United States Congress · 1 April 1998
Medicaid Child Eligibility Improvement Act of 1998 - Amends title XIX (Medicaid) of the Social Security Act to permit public schools, child care resource and referral agencies, and child support enforcement agencies to determine presumptive eligibility for children under the Medicaid program.
Bill· HRH.R. 3636 (105th)referred
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Assistance for Sub-Saharan Africa Title II: Worldwide Food Assistance and Agricultural Programs Subtitle A: Non-Emergency Food Assistance Programs Subtitle B: Bill Emerson Humanitarian Trust Act of 1998 Title III: Miscellaneous Provisions Africa: Seeds of Hope Act of 1998 - Declares it to be U.S. policy to support governments of sub-Saharan African countries, U.S. and African nongovernmental organizations, U.S. and African businesses, and international agencies to ensure secure livelihoods and adequate nutrition for all sub-Saharan individuals, through sustainable agricultural and rural development. Title I: Assistance for Sub-Saharan Africa - Directs the Administrator of the U.S. Agency for International Development (AID), in providing development assistance under the Africa Food Security Initiative, or any comparable or successor program, to: (1) use resources for programs and projects that improve the food security of children, women, or food-insecure households, or that improve the agricultural productivity, incomes, and marketing of the rural poor in Africa; (2) to solicit and take into consideration the views and needs of intended beneficiaries and program participants during the selection, planning, implementation, and evaluation phases of projects; and (3) ensure that program objectives and interventions are primarily developed and conducted by African and U.S. private and voluntary organizations and other such organizations, including cooperatives and local producer-owned cooperative marketing associations, that have a demonstrated expertise in addressing the needs of the poor, small-scale farmers, entrepreneurs, and rural workers, including women. (Sec. 101) Expresses the sense of the Congress that the Administrator of AID should increase resources to the Africa Food Security Initiative, or any comparable or successor program, for FY 2000 and subsequent fiscal years in order to meet the needs of the countries participating in such Initiative. (Sec. 102) Directs the Administrator of AID to provide, through bilateral and multilateral assistance, microenterprise assistance (including credit) to improve the efficiency of agricultural production in sub-Saharan Africa (specifically targeting the needs of women, small-scale farmers, and small rural entrepreneurs). (Sec. 103) Directs the President, acting through the Administrator of AID, to utilize foreign assistance programs and initiatives for sub-Saharan Africa to support producer-owned cooperative marketing associations there, including rural business associations that are owned by farmer shareholders. (Sec. 104) Expresses the sense of the Congress that the Overseas Private Investment Corporation (OPIC) should: (1) issue loans, guaranties, and insurance, and utilize existing equity funds and loan and insurance funds, to support agricultural and rural development in sub-Saharan Africa (particularly intermediary organizations that directly serve the needs of women, small-scale farmers, small rural entrepreneurs, and rural producer-owned cooperative marketing associations); and (2) jointly cooperate with AID to ensure that adequate administrative funds are available to carry out such activities. (Sec. 105) Directs the Administrator of AID to develop a comprehensive plan to coordinate the activities of AID-funded international agricultural research centers, U.S. land grant universities, and national agricultural research and extension centers in order that research and extension activities will respond to the needs of small-scale farmers while developing the potential and skills of researchers, extension agents, farmers, and agribusiness persons, and increasing the agricultural productivity, in sub-Saharan Africa. Expresses the sense of the Congress that the Administrator of AID: (1) has disproportionately reduced funding for international agriculture and rural development activities and the number of agricultural specialists who carry out such activities; and (2) should devote more resources and staff to such activities. Title II: Worldwide Food Assistance and Agricultural Programs - Subtitle A: Non-Emergency Food Assistance Programs - Sets forth general requirements for the administration of non-emergency assistance programs under title II of the Agricultural Trade Development and Assistance Act of 1954. Subtitle B: Bill Emerson Humanitarian Trust Act of 1998 - Bill Emerson Humanitarian Trust Act of 1998 - Amends the Food Security Commodity Reserve Act of 1996 to rename specified provisions of the Food for Development Program as the Bill Emerson Humanitarian Trust Act. (Sec. 212) Includes, as part of the established trust stock of wheat, rice, corn, or sorghum used to meet emergency humanitarian food needs in developing countries, certain funds for Commodity Credit Corporation programs under the Agricultural Trade Development and Assistance Act of 1954 that are available to acquire such eligible commodities through purchases from producers or in the market to replenish the trust. Authorizes the release of eligible commodities from the trust for emergency food assistance to developing countries, provided such release is at levels consistent with maintaining the long-term value of the trust. Makes permanent the authority for the trust. Subtitle C: International Fund for Agricultural Development - Expresses the sense of the Congress that the United States should maintain its leadership in support for the activities of the International Fund for Agricultural Development (IFAD). (Sec. 221) Directs the Administrator of AID and the Secretary of State to review the effectiveness of the current six-year agreement between AID and the Department of State as it relates to U.S. contributions to IFAD. Directs the Administrator of AID and the Secretary to determine the extent to which the Fund has made progress toward management reforms, self-sufficiency, and poverty reduction in determining the amount of future U.S. contributions to it. Title III: Miscellaneous Provisions - Directs the Administrator of AID to report to the Congress on AID's plans for meeting the goals and objectives of the Africa Food Security Initiative.
Bill· HRH.R. 3626 (105th)open
United States · United States Congress · 1 April 1998
Agriculture Education Freedom Act - Amends the Internal Revenue Code to exclude from the gross income of an individual any gain from the sale of any animal raised and sold by such individual as part of his or her participation in the 4-H program under the Cooperative State Research, Education, and Extension Service of the Department of Agriculture, the Future Farmers of America, any tax-exempt similar organization, or any program of a tax-exempt educational organization.
Bill· HRH.R. 3639 (105th)referred
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Drug Abuse Prevention and Treatment Administration Title II: Programs and Functions of Administration Subtitle A: Transfers from Substance Abuse and Mental Health Services Administration; Transfers from Other Agencies Subtitle B: Additional Provisions Regarding Prevention and Treatment of Substance Abuse Subtitle C: Funding Title III: Advisory Council; Peer Review Title IV: Miscellaneous Authorities Title V: Disposition of Remaining Programs and Functions of Substance Abuse and Mental Health Services Administration Title VI: General Provisions Drug Abuse Prevention and Treatment Consolidation and Reorganization Act of 1998 - Title I: Drug Abuse Prevention and Treatment Administration - Establishes as an independent agency in the Department of Health and Human Services (HHS) the Drug Abuse Prevention and Treatment Administration, to be headed by an Administrator appointed by the President by and with the advice and consent of the Senate. Title II: Programs and Functions of Administration - Subtitle A: Transfers from Substance Abuse and Mental Health Services Administration; Transfer from Other Agencies - Transfers to the Administration programs and functions: (1) relating to the Center for Substance Abuse Treatment, Public Health Service Act substance abuse block grants, or the Substance Abuse and Mental Health Services Administration (SAMHSA); (2) under the Safe and Drug-Free Schools and Communities Act of 1994; (3) under specified provisions of the Anti-Drug Abuse Act of 1988 administered by HHS' Administration for Children and Families (relating to drug abuse and youth gangs and or runaway and homeless youth); (4) under the Public and Assisted Housing Drug Elimination Act of 1990; and (5) under the Drug-Free Public Housing Act of 1988. Subtitle B: Additional Provisions Regarding Prevention and Treatment of Substance Abuse - Mandates a program to coordinate public and nonprofit private entity activities to provide for a nationwide network for substance abuse prevention. Authorizes grants to assist communities in coordinating substance abuse prevention services. (Sec. 212) Mandates coordination of Administration and Office of National Drug Control Policy activities. Subtitle C: Funding - Authorizes appropriations for the Administration. Title III: Advisory Council; Peer Review - Mandates an advisory council and peer review of grants and cooperative agreements. Title IV: Miscellaneous Authorities - Sets forth miscellaneous authorities of the Secretary of HHS and the Administrator, including regarding facilities (acquiring, constructing, improving, etc.) and the use of personnel, consultants, experts, and volunteers. Title V: Disposition of Remaining Programs and Functions of Substance Abuse and Mental Health Services Administration - Transfers to HHS' Health Resources and Services Administration all functions of SAMHSA not transferred under title II of this Act. Terminates SAMHSA. Title VI: General Provisions - Sets forth transitional and savings provisions and makes conforming amendments.
Bill· HRH.R. 3655 (105th)referred
United States · United States Congress · 1 April 1998
Youth Tobacco Possession Prevention Act - Awards a State five additional points for each application to the Department of Health and Human Services for a competitive health-related grant if, before 2006, it enacts and implements a law prohibiting the sale of tobacco products to individuals under the age of 18. Specifies penalties for possession (including fines, completion of a tobacco education or cessation program, tobacco-related community service, and driver's license suspension), sale, or distribution, increasing penalties for repeated offenses. Mandates parental notification.
Bill· SS. 1889 (105th)open
United States · United States Congress · 31 March 1998
TABLE OF CONTENTS: Title I: Incentives to Reduce Youth Tobacco Use Subtitle A: National Tobacco Trust Fund Subtitle B: Payments to States Subtitle C: Annual Youth Tobacco Use Reductions Title II: Regulation of the Tobacco Industry Subtitle A: Food and Drug Administration Jurisdiction and General Authority Subtitle B: Regulation of Tobacco Products Subtitle C: Manufacturer and Product Seller Licensing and Anti-Smuggling Subtitle D: Penalties Title III: Public Health Initiatives Subtitle A: State-Federal Anti-Tobacco Partnership Subtitle B: Health Research Program Subtitle C: Miscellaneous Provisions Title IV: Liability Provisions and Consent Decrees Subtitle A: Liability Provisions Subtitle B: Consent Decrees Title V: Tobacco Farm Family and Community Assistance Trust Fund Title VI: Reducing Exposure to Environmental Tobacco Smoke Title VII: Miscellaneous Provisions Kids Deserve Freedom From Tobacco Act of 1998 - KIDS Act - Title I: Incentives to Reduce Youth Tobacco Use - Subtitle A: National Tobacco Trust Fund - (Sec. 101) Establishes the National Tobacco Trust Fund. Appropriates and transfers to the Fund amounts received under section 102, paid under section 103, and repaid or recovered under subtitle B. Authorizes appropriations to the Fund as repayable advances. Requires that Fund amounts be appropriated by the Appropriations committees of the Congress exclusively for this Act's purposes. Allows those Committees to transfer funds among this Act's programs, prohibiting certain transfers. Requires that amounts be made available, according to tables of percentages of Fund amounts, for specified programs and activities. Prohibits taking into account amounts appropriated under this paragraph and outlays from those appropriations for any budget enforcement under the Congressional Budget of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985. Amends title XIX (Medicaid) of the Social Security Act to declare that certain Medicaid overpayment provisions do not apply to amounts recovered or paid to a State as part of a settlement or judgment reached in State litigation against tobacco manufacturers. Requires the Office of Management and Budget to annually determine whether section 102 payments decreased excise tax collections under Internal Revenue Code chapter 52 (Tobacco Products and Cigarette Papers and Tubes). Mandates, if there is a shortfall, a transfer from the Fund to the Treasury. (Sec. 102) Mandates initial and annual payments to the Fund by each manufacturer based on market share. Waives payments for a manufacturer in any year if that manufacturer's tobacco product is used by less than one half of one percent of all children who used any tobacco product that year. Applies this section to manufacturers who begin manufacturing tobacco products after enactment of this Act and imposes a penalty for failure of such manufacturers to make a payment. Exempts a manufacturer that has resolved tobacco civil actions with more than 25 States before January 1, 1998, and offers to enter similar agreements with all other States. Requires manufacturers to increase prices to reflect the assessment. Declares that, if a manufacturer fails to make a required payment: (1) the liability provisions of subtitle A of title IV do not apply; (2) penalties must be imposed under section 103; and (3) the manufacturer's license (under section 222) must be revoked until the assessment is paid. Makes 25 percent of the payment, and penalties under subtitle B, not an ordinary and necessary business expense for purposes of the Internal Revenue Code and not tax deductible. Amends the Federal bankruptcy code regarding the priority of unsecured Federal claims for payments, assessments, or penalties to be paid into the Fund. (Sec. 103) Directs the Secretary of the Treasury to enforce section 102 regarding nonpayment. Regulates the penalty amount. Declares that no financial responsibility or liability of any person under this Act shall be extinguished, reduced, or modified as the result of any bankruptcy proceeding. Subtitle B: Payments to States - (Sec. 111) Authorizes appropriations to reimburse each State for State expenditures for the treatment of tobacco-related conditions. Sets forth the percentages to be received by each State. Allows a State to use 50 percent for any activities determined appropriate by the State. Requires a State to use at least 50 percent for additional activities or services under: (1) Social Security Act titles IV (part A) (Temporary Assistance for Needy Families) (TANF), V (Maternal and Child Health Services), XIX (Medicaid), XX (Block Grants to States for Social Services), and XXI (Children's Health Insurance); (2) Public Health Service Act provisions relating to the community health center program and preventive health service block grants; (3) State-administered programs under the authority of the Substance Abuse and Mental Health Services Administration; (4) federally funded child welfare and abuse programs; (5) federally funded child care programs; (6) programs for disabled children; (7) specified provisions of the Child Nutrition Act of 1966, the Individuals With Disabilities Education Act, the Community Services Block Grant Act, the Head Start Act, the Food Stamp Act of 1977, and the Low-Income Home Energy Assistance Act of 1981; (8) the even start family literacy program under specified provisions of the Elementary and Secondary Education Act of 1965; (9) federally funded programs assisting general public elementary and secondary education; and (10) other anti-tobacco or health activities. (Sec. 112) Mandates an annual grant to each State that achieves high performance in underage reduction. Requires that amounts under section 101 be made available for the grants. Subtitle C: Annual Youth Tobacco Use Reductions - Mandates an annual survey to determine the percentage of individuals under 18 who use tobacco and their usual brand. Declares that, notwithstanding any other provision of law, the survey may be conducted involving minors if the results regarding the minors are kept confidential and not disclosed. (Sec. 133) Requires annual determinations of whether the required percentage underage use reductions have been achieved. Sets forth a schedule of required percentage reductions. (Sec. 134) Mandates an industry-wide penalty if required reductions are not achieved, increasing the penalty as the reduction achieved is further from the target and for consecutive year failures. Requires payment by each manufacturer based on market share for the type of tobacco product involved. Mandates a penalty on a manufacturer that does not achieve required percentage underage use reductions, increasing the penalty as the reduction achieved is further from the target and for consecutive year failures. Makes the penalties under this subtitle not ordinary and necessary business expenses for purposes of the Internal Revenue Code and not deductible. Specifies the portions of penalties to be used for smoking cessation, prevention, counter-advertising, and biomedical and applied research programs under certain provisions of this Act. (Sec. 135) Imposes a penalty on a manufacturer for failure to make any payment required under this subtitle. Title II: Regulation of the Tobacco Industry - Subtitle A: Food and Drug Administration Jurisdiction and General Authority - Deems specified regulations (relating to cigarettes and smokeless tobacco) to have been lawfully promulgated under the Food, Drug and Cosmetic Act (sic) and requires that they apply to all tobacco products. (Sec. 203) Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to add nicotine in tobacco products to the definition of "drug" and nicotine-containing tobacco products to the definition of "device." Adds the manufacture, labeling, distribution, advertising, and sale of tobacco in violation of the FDCA or this Act to the FDCA list of prohibited acts. Authorizes the Secretary of Health and Human Services to regulate tobacco as a drug, device, or both. (Sec. 204) Prohibits the Secretary from prohibiting the sale of tobacco products to adults that comply with performance standards. (Sec. 205) Declares that, for tobacco products, safety and effectiveness need not be assured if the Secretary finds that device class II special controls achieve the best public health result, determined considering the risks and benefits to the population as a whole, including users and nonusers. Authorizes recall of tobacco products if the Secretary finds that the best public health result would be achieved. Subtitle B: Regulation of Tobacco Products - Authorizes the adoption of a tobacco performance standard. Mandates establishment of a Scientific Advisory Committee to evaluate whether a level or range of levels exists at which nicotine does not produce drug dependence. (Sec. 212) Mandates a determination of whether persons under 18 are obtaining tobacco by mail. Authorizes regulatory and administrative action to restrict or eliminate mail tobacco sales. Mandates: (1) specified cigarette and smokeless tobacco package and advertising warning labels; and (2) regulations establishing warning labels for other tobacco products. Declares that this section does not relieve any person from liability at common law or under State statutory law. Deems misbranded any tobacco product in violation of this paragraph. Requires tobacco manufacturers to annually: (1) disclose to the Secretary tobacco product ingredients for each tobacco brand; and (2) submit a safety assessment for each new ingredient a manufacturer wants to include in a tobacco product. Requires tobacco packages to disclose all ingredients. Allows the Secretary to require public disclosure of any ingredient relating to a trade secret if the Secretary determines that disclosure will promote public health. Prohibits label or advertising statements implying a reduced health risk unless the manufacturer so demonstrates prior to making the statement. Requires any manufacturer that develops or acquires reduced risk technology to notify the Secretary. Requires each tobacco manufacturer to disclose to the Secretary all nonpublic information and research relating to addiction, dependency, or the health or safety of tobacco products. Requires that the Secretary have the same access to tobacco manufacturer records and information and inspection authority as is available regarding manufacturers of other medical devices. Mandates tobacco good manufacturing practice standards. (Sec. 213) Authorizes appropriations to carry out this subtitle. (Sec. 214) Repeals: (1) the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986 (except for specified sections of each); and (2) the Comprehensive Smoking Education Act of 1964. Subtitle C: Manufacturer and Product Seller Licensing and Anti-Smuggling - Establishes a minimum Federal licensing and registration program providing for a comprehensive system to support State efforts to collect State tobacco excise taxes and to prevent tobacco contraband activities. Requires use of amounts from section 101 to carry out this paragraph. (Sec. 223) Prohibits engaging in the business as a manufacturer, importer, exporter, or wholesaler of tobacco products without a license. Mandates a license fee and requires a separate license and fee for each place of business. Prohibits engaging in the business as a tobacco retailer without having registered with and paid a fee to the Secretary. Requires a separate registration and fee for each place of business. (Sec. 224) Makes it unlawful for any: (1) person except a licensed manufacturer, exporter, importer, or wholesaler or registered retailer to engage intentionally in the business of tobacco manufacturing, exporting, importing, wholesaling, or retailing; (2) licensed importer, manufacturer, or wholesaler intentionally to ship or receive tobacco products from or to any nonlicensed or nonregistered person; (3) registered retailer to intentionally receive tobacco products from a nonlicensed manufacturer, importer, or wholesaler or to sell or offer for sale more than 50 packages in a single transaction; (4) licensed exporter intentionally to ship, sell, or deliver for sale tobacco products to any nonlicensed manufacturer, nonlicensed importer, nonlicensed wholesaler, or foreign purchaser, receive tobacco products from any nonlicensed manufacturer, importer, or wholesaler, or ship, sell, or transfer tobacco products intended for export unless the package is marked for export only; or (5) person intentionally to ship, receive, possess, sell, distribute, or purchase contraband tobacco products in or affecting interstate commerce. (Sec. 225) Provides for criminal or civil penalties for violations of section 224. Mandates seizure and forfeiture of any conveyance, tobacco products, or monetary instrument involved in, or proceeds traceable to, a violation of this subtitle. (Sec. 226) Authorizes appropriations of amounts provided under section 101 to enable the Department of the Treasury to carry out certain activities under this subtitle. Mandates, in establishing a controlled commodity tracking system for tobacco, evaluation of an innovative anti-diversion system that can be implemented at the manufacturing level to track products to the point of retail sale. (Sec. 227) Authorizes the Secretary, in the Secretary's sole discretion, to set the licensing and registration fees in amounts as necessary to recover the administrative costs of this subtitle, including preventing contraband trafficking. (Sec. 232) Amends Federal criminal code provisions relating to trafficking in contraband cigarettes to decrease the number of cigarettes necessary to qualify as, and otherwise modify the definition of, "contraband cigarettes." Modifies recordkeeping and inspection requirements. Subtitle D: Penalties - Amends the FDCA to mandate civil monetary penalties on manufacturers for violations of the FDCA or this Act. Provides for the revocation or suspension of a license or registration of a manufacturer, exporter, importer, wholesaler, or retailer who violates any provision of this Act. Title III: Public Health Initiatives - Subtitle A: State-Federal Anti-Tobacco Partnership - Chapter 1: School- and Community-Based Programs - Establishes a program to award cooperative agreements to States for school-based programs concerning tobacco use dangers and community-based prevention programs, with the allocation of funds being made partly on the basis of population and partly on need. Authorizes appropriations of amounts provided under section 101 to carry out this section. (Sec. 302) Establishes the National Event Sponsorship Program of grants for the sponsorship of athletic, musical, artistic, or other social or cultural activity or team that was sponsored by a tobacco manufacturer or distributor before enactment of this Act. Authorizes appropriations of amounts provided under section 101 to carry out this section. Terminates the Program ten years after enactment of this Act. Chapter 2: Counter-Advertising Programs - Mandates programs to reduce tobacco usage through media-based (such as counter-advertising campaigns) and nonmedia-based education, prevention, and cessation campaigns. Establishes the Anti-Tobacco Public Education Board to make contracts and grants for the development and dissemination of public information to reduce tobacco use. Authorizes appropriations of amounts provided under section 101 to carry out this section. Chapter 3: National Cessation Program - Establishes the National Tobacco Cessation Program of grants, contracts, and cooperative agreements to expand the availability and use of tobacco use cessation products and services. Requires that: (1) at least $30 million of the amount available each year to carry out this section be made available to the Agency for Health Care Policy and Research to support and conduct periodic analyses of interventions for smoking cessation and strategies for disseminating and implementing those services; and (2) the Centers for Disease Control and Prevention (CDCP) conduct research on tobacco use cessation. Requires that amounts made available under section 101 be used to carry out this section. (Sec. 322) Mandates development of data sets for uniformly defining levels of youth and adult tobacco use. Declares that specified provisions of the Omnibus Budget Reconciliation Act of 1981 shall not apply regarding audits of funds allotted under this chapter. Subtitle B: Health Research Program - Chapter 1: National Fund for Health Research - Establishes in the National Tobacco Trust Fund the National Fund for Health Research (Research Fund). Authorizes appropriations of amounts provided under section 101 to carry out this section. Requires that appropriations be made under this section to each member Institute or Center of the National Institutes of Health in proportion to the amount otherwise annually appropriated for each Institute or Center. Chapter 2: Tobacco Prevention Research - Establishes the National Tobacco Research Task Force to foster coordination among groups that conduct or support tobacco-related research. (Sec. 336) Requires that the CDCP carry out tobacco-related research and surveillance and epidemiologic studies. Authorizes appropriations of amounts provided under section 101 to carry out this section. Subtitle C: Miscellaneous Provisions - Authorizes the use of up to specified percentages of amounts made available under this title's programs for administration. (Sec 342) Mandates withholding of funds from any State that does not use amounts provided under this title in accordance with requirements. (Sec. 343) Considers, for discrimination provisions of specified statutes relating to age, handicap, sex, race, color, or national origin, activities funded with funds made available under this title to be activities receiving Federal financial assistance. Prohibits discrimination on the basis of sex or religion in any activity funded by this title's funds. Authorizes a civil enforcement action by the Attorney General. (Sec. 344) Mandates assistance to foreign countries to assist in reducing and preventing the use of tobacco in foreign countries and in promoting use cessation. Authorizes providing funding and technical assistance. Authorizes appropriations of amounts provided under section 101 to carry out this section. Establishes the American Center on Global Health and Tobacco (ACT) in the District of Columbia as a private, nonprofit corporation. Mandates that an International Advisory Council provide advisory assistance to ACT. Title IV: Liability Provisions and Consent Decrees - Requires, in order for a State to be eligible to receive funds under section 111, that the State's attorney general: (1) resolve any civil action seeking recovery for expenditures for the treatment of tobacco-related conditions that was commenced by the State against a tobacco manufacturer, distributor, or retailer and is pending on enactment of this Act; and (2) agree not to commence a civil action against such a party for conduct before enactment of this Act seeking such recovery. Mandates establishment of procedures under which a State may elect not to resolve such an action or make such an agreement. Makes such a State ineligible to receive payments under section 111. Preempts, terminates, and settles any pending civil action for claims based on addiction or dependence filed by the Castano Plaintiffs Legal Committee. Subtitle A: Liability Provisions - (Sec. 401) Establishes in the National Tobacco Trust Fund the National Victims' Compensation Fund, to be used by the Attorney General solely for tobacco-related liability judgments and settlements based on manufacturer conduct. Mandates annual deposit into the Victims' Fund of amounts made available under section 101. Requires that the Victims' Fund establish a Contingency Reserve Account, mandating deposit into the Account of any amounts in the Victims' Fund unobligated at the end of each year. Requires, if payments from the Victims' Fund exceed the amount in the Victims' Fund in any year, that the excess amount (to a maximum of $4 billion in any year) be paid by manufacturers. Declares that amounts paid by a manufacturer to settle a civil action commenced by a State before enactment of this Act shall not apply in determining manufacturer liability under this paragraph. Requires, if payments exceed the amount in the Victims' Fund and the maximum manufacturer payment, that the excess be paid out of the Account. Requires any amounts unpaid after Account exhaustion to be paid in the subsequent year. Applies this section to a manufacturer that begins manufacturing after enactment of this Act. Requires, if such a manufacturer fails to make a payment required under this section, that the manufacturer pay to the Attorney General 150 percent of the amount the manufacturer would have paid under this section. Makes the manufacturer limit inapplicable to a manufacturer that has failed to comply with this Act. Requires, if the manufacturer limit is not reached in the year of failure to comply, that the previous sentence apply to the first year after the noncompliance year in which the limit is reached. (Sec. 403) Establishes an Arbitration Panel to award attorneys' fees and expenses relating to litigation involving a claim, brought by a Federal, State, or local governmental entity, affected by, or legal services that resulted in, this Act. Allows any attorney or group of attorneys involved in litigation affected by this Act the right to petition the Panel for fees and expenses. Makes the Panel's findings final, binding, and nonappealable. (Sec. 404) Mandates that a tobacco manufacturer comply with this section in order to eligible for a license. Requires manufacturers to establish the National Tobacco Document Depository. Requires each manufacturer to submit to the Depository every document (including those subject to a claim of attorney-client privilege, attorney work product, or trade secret protection) meeting specified criteria. Provides for the handling of materials subject to claims of attorney- client privilege, attorney work product, or trade secret protection. Mandates public availability of documents not subject to such claims. Establishes the Tobacco Documents Review Board to maintain the Depository and to resolve disputed claims of attorney-client privilege, attorney work product, or trade secret protection. Mandates a Board assessment against a manufacturer for full costs, and authorizes Board imposition of civil monetary penalties, if the Board finds assertion of such a claim to not have been in good faith. Authorizes a civil monetary penalty for failure to produce indexes and documents as required. Subtitle B: Consent Decrees - Requires a State, in order to be eligible to receive section 111 payments, and a manufacturer, in order to receive section 401 protection, to enter into consent decrees under this section. Allows a State to qualify with good faith but unsuccessful efforts. Requires that the consent decrees include: (1) an agreement not to pursue legal challenges to any aspect of this Act; (2) an agreement to pass through the costs of section 102 assessments to consumers through price increases; (3) restrictions on tobacco advertising and marketing aimed at preventing youth tobacco use and access; (4) restrictions on tobacco industry trade associations; (5) tobacco smoke constituent disclosure; (6) disclosure of nontobacco constituents in tobacco products; (7) disclosure of existing and future documents regarding health, toxicity, and addiction related to tobacco use; (8) manufacturer obligations to make payments for the benefit of States, private litigants, and the general public; (9) manufacturer obligations to interact only with exporters, importers, wholesalers, distributors, and retailers operating in compliance with Federal, State, or local tobacco marketing and sale laws; and (10) warning, labeling, and packaging requirements. Prohibits the agreements from including provisions relating to: (1) tobacco product design performance or modification; (2) manufacturing standards and good manufacturing practices; and (3) testing and regulation regarding toxicity and ingredients approval. Makes consent decree terms and conditions enforceable by the signatories and the Attorney General. Requires, prior to decree entry, that a decree have approval by the Secretary and the Attorney General, be fair and reasonable, and be in the public interest. Declares that, if any decree provisions are held unconstitutional or otherwise held not to apply to a manufacturer, section 401 liability protection ceases to apply to that manufacturer. Title V: Tobacco Farm Family and Community Assistance Trust Fund - Establishes in the National Tobacco Trust Fund the Trust Fund for Tobacco Farming Families and Communities, authorizing appropriations to it as provided in sections 101 and 102 and as repayable advances. Makes Farming Fund amounts available to assist tobacco-dependent farm families, workers, and communities, but only if a law is enacted before a specified date specifically prescribing authorized uses. Terminates this section's authority on that date unless such a law is enacted by that date. Title VI: Reducing Exposure to Environmental Tobacco Smoke - Requires that a specified amount be made available from section 101 amounts to enable States to: (1) conduct education and outreach regarding the health-related effects of environmental tobacco smoke; and (2)establish programs to reduce involuntary exposure to environmental tobacco smoke. Requires that a specified Executive Order (relating to protecting Federal employees and the public from exposure to tobacco smoke in the Federal workplace) apply to any public facility at which a covered employee (as defined in the Congressional Accountability Act of 1995) performs work. Title VII: Miscellaneous Provisions - Prohibits retaliation against an employee of a tobacco manufacturer, distributor, or retailer for disclosing to certain Federal, State, or local regulatory or enforcement authorities a substantial violation of law related to this Act or a State or local law furthering the purposes of this Act. (Sec. 702) Prohibits use of any funds by any Federal officer, employee, department, or agency to: (1) challenge tobacco-related laws or regulations meeting specified requirements in any country; (2) promote tobacco or tobacco product sale or exportation; or (3) support any events sponsored by individuals or entities involved in tobacco or tobacco product export, manufacture, promotion, distribution, or sale. Requires U.S. Diplomatic Posts to: (1) assist and promote tobacco control efforts in foreign countries; and (2) refer foreign tobacco-related laws or regulations meeting specified requirements to U.S. trade agencies if such laws or regulations may not comply with such requirements. (Sec. 703) Applies this Act's provisions to tobacco product manufacture, distribution, and sale within Indian tribe or tribal organization jurisdiction. Declares that nothing in this Act shall be construed to infringe on tribal or tribal member rights to transfer, acquire, possess, or use tobacco or tobacco products for religious, traditional, and ceremonial uses, but limits the quantities to those necessary to fulfill such purposes. Makes any tribe or tribal organization manufacturing tobacco products liable for a section 102 assessment. Authorizes assistance to a tribe or tribal organization in meeting and enforcing the requirements under related regulations. Applies FDCA requirements added by section 221 of this Act (relating to minors' tobacco access) to retailers in tribal or tribal organization jurisdiction. Requires, in order to be eligible for public health payments (below), that a tribe or tribal organization implement a tribal licensing program within tribal jurisdiction. Directs the Secretary to so implement if the tribe or tribal organization is not qualified to do so. Mandates annual grants to each tribe having an approved tribal anti-smoking plan, reducing section 111 amounts payable to a State in which the service areas of the tribe are located by the same amount. Provides for the amount determination, basing it on the reservation population as compared to the State population. Requires grants to be used to reimburse the tribe for smoking-related health expenditures and to further the purposes of this Act. Prohibits a participating manufacturer from engaging in any activity in tribal or tribal organization jurisdiction that is prohibited under this Act. Requires that amounts made available under section 101 be provided to the Indian Health Service for anti-tobacco-related consumption and cessation activities. Prohibits a State from imposing obligations or requirements regarding this Act's application to tribes and tribal organizations. (Sec. 704) Allows State and local governments, to the extent not inconsistent with this Act's purposes, to impose additional tobacco control measures (except labeling requirements) to further restrict or limit tobacco use by minors.
Bill· SS. 1893 (105th)referred
United States · United States Congress · 31 March 1998
Local Government Law Enforcement Block Grant Act of 1998 - Requires the Director of the Bureau of Justice Assistance to pay to qualifying local governments specified sums for reducing crime and improving public safety, including for: (1) hiring, training, and employing on a continuing basis new, additional law enforcement officers and support personnel; (2) paying overtime to increase the number of hours worked by presently employed officers and support personnel; (3) procuring equipment, technology, and other material directly related to basic law enforcement functions; (4) enhancing security measures in and around schools and any other facility or location which is considered by the unit of local government to have a special risk for incidents of crime; (5) establishing crime prevention programs that may involve, though not exclusively, law enforcement officials and that are intended to discourage, disrupt, or interfere with the commission of criminal activity; (6) establishing or supporting drug courts; (7) establishing early intervention and prevention programs for juveniles to reduce or eliminate crime; (8) enhancing the adjudication process of cases involving violent offenders, including the adjudication process of cases involving violent juvenile offenders; (9) enhancing programs under the Omnibus Crime Control and Safe Streets Act of 1968 drug control and system improvement grant program; (10) establishing cooperative task forces between adjoining local governments to work cooperatively to prevent and combat criminal activity, particularly criminal activity that is exacerbated by drug- or gang-related involvement; (11) establishing a multijurisdictional task force, particularly in rural areas, composed of law enforcement officials representing local governments, that works with Federal law enforcement officials to prevent and control crime; and (12) establishing or supporting programs designed to collect, record, retain, and disseminate information useful in the identification, prosecution, and sentencing of offenders. Prohibits a local government from expending any of the funds provided under this Act to purchase, lease, rent, or otherwise acquire tanks or armored personnel carriers, fixed wing aircraft, limousines, real estate, yachts, consultants, or vehicles not primarily used for law enforcement unless the Attorney General certifies that extraordinary and exigent circumstances exist that make the use of funds for such purposes essential to the maintenance of public safety and good order. Deems such circumstances to exist with respect to a local government in a rural State upon certification by such government's chief law enforcement officer that such government is experiencing an increase in production or cultivation of a controlled substance or listed chemical and that fixed wing aircraft will be used in the detection, disruption, or abatement of such production or cultivation. Sets forth provisions regarding: (1) the timing of payments; (2) payment adjustments; (3) reservation of sums for adjustments; (4) repayment of unexpended amounts; (5) requirements that such funds not be used to supplant State or local funds; (6) matching funds; (7) oversight accountability and administration; and (8) technology assistance. Authorizes appropriations. Allows appropriations for activities authorized in this Act to be made from the Violent Crime Reduction Trust Fund. Requires the Director to: (1) establish procedures under which a local government is required to provide notice to the Director regarding the proposed use of funds made available under this Act; and (2) establish a process for the ongoing evaluation of projects developed with funds made available under this title. Sets forth provisions regarding: (1) general qualification requirements; (2) sanctions for noncompliance; (3) maintenance of effort requirements; (4) the allocation and distribution of funds, including grants to Indian tribes and unavailability and inaccuracy of information; (5) the use of funds to contract with private, nonprofit entities or community-based organizations; and (6) public participation.
Bill· HRH.R. 3610 (105th)open
United States · United States Congress · 31 March 1998
National Oilheat Research Alliance Act of 1998 - Authorizes the oilheat industry to conduct a referendum through a qualified industry organization among retailers and wholesalers for the creation of a National Oilheat Research Alliance to develop programs concerning oilheat research and development, safety issues, consumer education, and training. Defines industry to include those persons involved in the production, transportation, and sale of oilheat, and in the manufacture and distribution of oilheat utilization equipment, in the United States (but not the ultimate consumers of oilheat). Permits State participation in such Alliance. Prescribes guidelines for Alliance membership and representation. Requires the Alliance to: (1) establish a program coordinating its operation with that of any similar State, local, or regional program; and (2) levy and collect annual assessments on the wholesale sale of No. 1 distillate and No. 2 dyed distillate sufficient to cover Alliance plans and program costs. Empowers the Alliance to bring suit in Federal court to compel compliance with any assessments it levies.
Bill· SS. 1882 (105th)open
United States · United States Congress · 30 March 1998
TABLE OF CONTENTS: Title I: General Provisions Title II: Improving Teacher Quality Title III: Institutional Aid Title IV: Student Assistance Title V: Graduate and Post-Secondary Improvement Programs Title VI: International Education Programs Title VII: Related Programs and Amendments to Other Acts Higher Education Amendments of 1998 - Title I: General Provisions - Amends the Higher Education Act of 1965 (HEA) to repeal the current title I (Partnerships for Educational Excellence). (Sec. 102) Repeals a disclaimer that nothing in Federal law shall be construed to authorize any Federal agency, officer, or employee to exercise direction, supervision, or control over membership practices or internal operations of fraternal organizations, fraternities, sororities, private clubs, or religious organizations at higher education institutions that are financed exclusively by private funds and have facilities not owned by the institutions. (Sec. 103) Directs the Secretary of Education to: (1) publish the expiration dates of terms of members of the National Advisory Committee on Institutional Quality and Integrity; and (2) solicit nominations for vacancies on such Committee. (Sec. 104) Sets forth provisions relating to prior rights and responsibilities including authorization of appropriations) and to recovery of payments under HEA title VII (Construction, Reconstruction, and Renovation of Academic Facilities) (as in effect before title VII is repealed by this Act). Title II: Improving Teacher Quality - Revises, and transfers to title II, various teacher education provisions (currently in title V). Repeals various unfunded programs, replacing them with a comprehensive program to: (1) improve student achievement; (2) improve preparation of prospective teachers and professional development for teachers; and (3) make higher education institutions accountable for preparing teachers. (Sec. 201) Makes States eligible to compete for Teacher Quality Enhancement Grants to institute State-level reforms to ensure that current and future teachers possess necessary teaching skills and academic content knowledge in the subject areas in which they are assigned to teach. Provides for one-time Teacher Training Partnership Grants to local partnerships that: (1) shall include a school of arts and sciences, a school or program of education, a local educational agency (LEA), and a kindergarten-through-grade-12 school; and (2) may include State education agencies (SEAs), pre-kindergarten programs, non-profit groups, businesses, or teacher organizations. Sets forth accountability requirements for Enhancement and Partnership grants. Directs the Secretary of Education, through the National Center for Education Statistics, to study and report to the Congress on the ways teachers are trained and the extent to which teachers in the United States and other comparable countries () including all participants in the Third International Mathematics and Science Study (TIMSS)) are teaching in areas other than the teachers' field of study or expertise (out-of-field teaching). Authorizes appropriations. Directs the Secretary to award competitive grants to eligible partnerships of higher education institutions and LEAs serving underserved areas to award scholarships, and provide support and followup services, to students in a teacher preparation program, who shall within seven years of completing such program teach full-time for at least five years in a high-poverty school in an underserved geographic area, or repay the amount of the scholarship. Authorizes appropriations. Title III: Institutional Aid - Revises HEA title III to give special consideration to applications for Strengthening Institutions grants which propose to acquire high technology equipment for use in strengthening funds management and academic programs. Allows institutions to use up to 20 percent of such grants to establish or increase an endowment fund. Requires a two-year wait-out-period between the receipt of consecutive five-year grants. Revises the definition of Hispanic-serving institution and allows such institutions to use up to 20 percent of part A grants to establish or expand an endowment fund. Encourages such institutions to collaborate with community-based organizations on certain projects. (Sec. 304) Allows Historically Black Colleges and Universities (HBCUs) to use up to 20 percent of part B grants to establish or expand an endowment fund. Revises requirements for eligible professional or graduate institutions to: (1) require matching funds from non-Federal sources only for grants in excess of a specified amount; and (2) allow spending for any qualified graduate program. (Sec. 305) Revises requirements for endowment challenge funds for institutions eligible for assistance under part A or part B. (Sec. 306) Revises, and transfers to title III part D, requirements for HBCU Capital Financing (currently under title VII part B). Includes administrative facilities, student centers, and student unions as capital projects. Authorizes the Secretary to sell guaranteed qualified bonds to any party offering the best terms. (Sec. 307) Revises, and transfers to title III part E, requirements for the Minority Science Improvement Program (currently Minority Science and Engineering Improvement Programs under title X part B). Includes the behavioral sciences under such program. (Sec. 308) Extends the authorization of appropriations for title III programs. Title IV: Student Assistance - Part A: Grants to Students in Attendance at Institutions of Higher Education - Revises HEA title IV part A to repeal authority for: (1) Presidential Access Scholarships; (2) model program community partnership and counseling grants; (3) public information; (4) a National Student Savings Demonstration Program; (5) pre-eligibility forms; and (6) technical assistance for teachers and counselors. Repeals authority for special child care services for disadvantaged college students (but establishes a program of campus-based child care for low-income parents in postsecondary education). Repeals authority for the State postsecondary review program. (Sec. 412) Revises the Federal Pell Grant program to extend program authority and increase the Federal Pell Grant maximum awards. Changes the name of the program from Basic Education Opportunities Grants to the Federal Pell Grant program. Replaces the current mandatory 85 percent advance payments to institutions with an alternative system (to be determined by the Secretary) that provides accurate and timely Pell grant program payments to institutions. Revises Pell grant requirements pertaining to maximum and minimum grants. Limits the period of a student's eligibility to receive a Pell grant to 150 percent of the period normally required to complete a course of study (full-time or part-time, as appropriate), with exceptions for students with disabilities. Revises requirements relating to Pell grants for separate courses in English language proficiency. (Sec. 413) Revises requirements Federal Early Outreach and Student Services Programs (which include Federal Trio Programs and National Early Intervention Scholarship and Partnership Program, as well as programs added by this Act). Increases the minimum grant level for Federal TRIO programs. Revises procedures for awarding TRIO grants and contracts. Permits TRIO directors to administer more than one program for disadvantaged students. Extends the authorization of appropriations for TRIO programs. Includes in the Talent Search Program activities designed to acquaint youth with careers in which individuals from disadvantaged backgrounds are particularly underrepresented. Revises authorized activities in Upward Bound to include work-study positions where participating youth are exposed to careers requiring a postsecondary degree. Allows those in such work-study positions to receive a $300 monthly stipend during June, July, and August. Requires the Secretary, in awarding Student Support Services grants to institutions, to consider the institution's efforts and past history in maintaining each student's loan burden at a manageable level when fulfilling the requirement of offering financial assistance to meet full financial need. Authorizes the Secretary to make grants to TRIO project entities to work in partnership with non-TRIO entities to disseminate and replicate best practices of, and provide technical assistance for, TRIO projects. (Sec. 414) Extends the authorization of appropriations for the National Early Intervention Scholarship and Partnership program. (Sec. 415) Extends the authorization of appropriations for the Federal supplemental educational opportunity grants (SEOG) program. Eliminates a specific percentage requirement relating to use of SEOG funds for less-than-full-time or independent students. Revises the formula for distributing SEOG campus-based funds in excess of the base guarantee amounts by eliminating a pro rata requirement and allowing all such distribution to be based on fair share. Provides for carry-over and carry-back authority and reallocation with respect to an institution's SEOG funds. (Sec. 416) Extends the authorization of appropriations for the Grants to States for State Student Incentives (SSIG) program. Establishes a Special Leveraging Educational Assistance Partnership Program (LEAP) for grants to States for a one-third Federal share of the cost of assisting eligible needy students by: (1) increasing the dollar amount of SSIG aid; (2) carrying out transition programs from secondary to postsecondary education; (3) making funds available for community service work-study activities; (4) creating a postsecondary scholarship program for those who wish to enter teaching; (5) creating a scholarship program for those who wish to enter a program of study leading to a degree in mathematics, computer science, or engineering; (6) carrying out early intervention, mentoring, and career education programs; and (7) awarding merit or academic scholarships. Sets forth requirements relating to Federal-State relationships and State agreements under the SSIG program. (Sec. 417) Extends the authorization of appropriations for the high school equivalency program (HEP) and the college assistance migrant program (CAMP) for students whose families are engaged in migrant and seasonal farmwork. (Sec. 418) Extends the authorization of appropriations for the Robert C. Byrd Honors Scholarship Program. (Sec. 419) Establishes a campus-based child care program under a new subpart 7 (Child Care Access Means Parents in School (CAMPUS)). Authorizes the Secretary to award grants to institutions of higher education to assist them in providing campus-base child care services to low-income students. Authorizes appropriations. Part B: Federal Family Education Loan Program - Revises HEA title IV part B (Federal Family Education Loan Program) with respect to advances to reserve funds. (Sec. 422) Requires each guaranty agency to establish and deposit specified funds for certain uses into a Federal Student Loan Reserve Fund, with such funds to be invested in obligations issued or guaranteed by the United States or a State, or in other similarly low-risk securities selected by the guaranty agency. (Sec. 423) Requires each guaranty agency to establish and deposit specified funds for certain uses into an Agency Operating Fund, with such funds (except those transferred from the Reserve Fund) to be invested at the guaranty agency's discretion. (Sec. 424) Revises requirements regarding: (1) applicable interest rates for student loans; and (2) special allowances. (Sec. 425) Revises requirements for Federal payments to reduce student interest costs with respect to: (1) Federal interest subsidies; (2) insurance program agreements, including options for repayment plans; (3) guaranty agreements for reimbursing losses; (4) payments for the costs of certain activities; (5) lenders-of-last-resort; and (6) default aversion assistance. Repeals provisions for: (1) payment to guaranty agencies for lender referral services; and (2) a State share of default costs. (Sec. 426) Authorizes the Secretary to enter into voluntary flexible agreements with guaranty agencies. (Sec. 427) Revises provisions for Federal PLUS loans to parents to: (1) authorize the Secretary to specify additional eligibility criteria; and (2) make PLUS loan applicants subject to verification of immigration status and social security number. (Sec. 428) Revises requirements for Federal consolidation loans to exclude from eligibility for consolidating defaulted loans any borrowers from whom involuntary payments are secured through litigation or administrative wage garnishment. (Sec. 429) Revises conditions for multiple disbursements of student loans. Exempts institutions with low cohort default rates from certain disbursement and endorsement requirements. (Sec. 431) Revises requirements relating to eligible borrowers of unsubsidized Stafford loans. (Sec. 432) Repeals the demonstration program for loan forgiveness for nurses and individuals performing national community service (while retaining the program of loan forgiveness for teachers). (Sec. 433) Directs the Secretary to prescribe common application forms and promissory notes, or multiyear promissory notes, for student financial assistance. Allows guaranty agencies, borrowers, and lenders to use electronically printed versions of the common forms approved by the Secretary. (Sec. 434) Revises requirements for lender disclosure of student loan information to borrowers to permit disclosure by electronic means. (Sec. 435) Requires any institution appealing loss of eligibility to pay the Secretary, during the pendency of the appeal, the equivalent of interest, special allowance, reinsurance, and any related payments the Secretary makes (or is obligated to make) with respect to loans to attending students. Requires any institution exceeding the cohort default rate threshold percentage for two consecutive years to submit to the Secretary a satisfactory default management plan. Formulates a participation rate index. Exempts from loss of eligibility any institution whose participation rate index is equal to or less than 0.0375 for any of the three applicable indices. (Sec. 436) Prescribes requirements for delegation of functions by an eligible lender or guaranty agency. Repeals the authority of the government of the District of Columbia to establish a student loan insurance program. (Sec. 437) Revises requirements relating to the Secretary's collection of origination fees through deduction from interest and special allowance subsidies. (Sec. 438) Directs the Secretary of the Treasury to study, and report to specified congressional committees on, market-based mechanisms for determining student loan interest rates. Part C: Federal Work-Study Programs - Extends the authorization of appropriations for HEA title IV part C Federal Work-Study Programs. (Sec. 442) Revises work-study program grant requirements with respect to use of funds for independent and less-than-full time students. Sets the Federal share of work-study compensation for students employed in community service at not more than 90 percent. (Sec. 443) Revises requirements, and extends the authorization of appropriations, for work colleges. Part D: William D. Ford Federal Direct Loan Program - Amends HEA title IV part D (William D. Ford Federal Direct Loan Program) to revise criteria for selection of institutions for Federal direct loan program participation and origination. (Sec. 452) Revises the formula for applicable interest rates for Federal direct student loans. (Sec. 453) Revises direct loan program requirements for contracts for origination, servicing, and data systems. (Sec. 454) Sets forth requirements regarding funds for administrative expenses. Revises the calculation basis for account maintenance fees payable to guaranty agencies. (Sec. 455) Sets forth requirements for cancellation of Stafford-Ford loans for teachers. Part E: Federal Perkins Loans - Amends HEA title IV part E (Federal Perkins Loans) to extend the authorization of appropriations for the Perkins Loan program. (Sec. 462) Revises requirements for: (1) allocation of funds; and (2) institutional default rate calculation and penalties. (Sec. 463) Revises requirements for agreements with institutions of higher education. Requires institutions to report at least annually to credit bureaus any changes to information previously disclosed. (Sec. 464) Revises terms and conditions of loans. Eliminates loans to students in institutions that do not have agreements with the Secretary. Provides for loans of up to $8,000 for each of the third and fourth years of undergraduate study, and up to $10,000 for the first year of graduate study, for juniors who state in writing that they will study to become full-time elementary or secondary school teachers in schools meeting certain criteria. Sets forth conditions for discharge and rehabilitation of loans. Authorizes participating institutions of higher education to establish incentive repayment programs, with the Secretary's approval. (Sec. 465) Revises requirements for distribution of assets from student loan funds to extend the program. (Sec. 466) Repeals authority for a Perkins Loan Revolving Fund, and requires transfer of its funds to the Treasury. Part F: Need Analysis - Revises HEA title IV part F (Need Analysis) cost of attendance requirements to eliminate specified dollar ceilings on the cost of room and board. Increases income protection allowances for student and family contributions, requiring the Secretary to revise these allowances for each academic year. Replaces current requirements for student financial aid administrator adjustments to loan certifications for special circumstances with general authorization to refuse or adjust loan certifications, with written documentation. Part G: General Provisions - Revises or establishes HEA title IV part G General Provisions relating to: (1) compliance with a master calendar; (2) delay of effective date for late publications; (3) a common financial aid form; (4) use of applications via electronic forms; (5) payments for data; (6) a multiyear promissory note; (7) student eligibility (to include those who have met State requirements with respect to high school education in a home school setting); (8) verification of income data with the Internal Revenue Service; (10) institutional refunds; (11) institutional and financial assistance information for students; (12) electronic media for information dissemination and for exit counseling for borrowers; (13) disclosures required with respect to athletically related student aid; (14) disclosure of campus security policy and campus crime statistics; (15) the national student loan data system; (16) training in financial aid services; (17) specified information on the costs of higher education; (18) program participation agreements; (19) regulatory relief and improvement; (20) distance education demonstration programs; (21) the Advisory Committee on Student Financial Assistance; and (22) regional meetings and negotiated rulemaking. Part H: Program Integrity Triad - Revises HEA title IV part H (Program Integrity Triad) to replace authority for the State Postsecondary Review Program with requirements relating to State responsibilities and institutional responsibility. (Sec. 492) Revises, or establishes, program integrity requirements relating to: (1) standards for accrediting agency recognition; (2) operating procedures; (3) a single application form; (4) financial responsibility standards; (5) financial guarantees from owners; (6) applications and site visits; (7) eligibility time limitations and renewal; (8) provisional certification; (9) treatment of branches; (10) program review and data; and (11) special administrative rules. Part I: Administrative Provisions for Delivery of Student Financial Assistance - Establishes a performance-based organization (PBO) in the Department of Education to administer various functions relating to student financial assistance programs. (Sec. 495) Vests management of the PBO in a Chief Operating Officer (COO) appointed by the Secretary. Directs the Secretary and the COO to develop an annual performance agreement for the PBO establishing measurable goals and objectives for the organization. Authorizes appropriations. Title V: Graduate and Postsecondary Education Improvement - Sets forth a new HEA title V (Graduate and Postsecondary Education Improvement) programs to replace the current HEA title V (Educator Recruitment, Retention, and Development), hereby repealed. (Sec. 501) Transfers to title V (from current titles IX, X, and XI): (1) the Jacob K. Javits Fellowship Program; (2) Graduate Assistance in Areas of National Need; (3) Urban Community Service; and (4) the Fund for the Improvement of Postsecondary Education. Part A: Jacob K. Javits Fellowship Program - Extends the authorization of appropriations for the Jacob K. Javits Fellowship program. (Sec. 511) Increases the amount of the payment to an institution with respect to each individual awarded a fellowship under such program. Revises requirements for award of such fellowships to limit eligibility to students who demonstrate financial need. Sets forth requirements for the process and timing of the fellowship competition. Authorizes the Secretary to contract with a nongovernmental agency to administer the program. Part B: Graduate Assistance in Areas of National Need - Extends the authorization of appropriations for Graduate Assistance in Areas of National Need. (Sec. 521) Increases the amount of the payment to an institution with respect to each individual awarded a fellowship under such program. Revises requirements for designation of areas of national need and content of applications. Part C: Urban Community Service - Extends the authorization of appropriations for the Urban Community Service grants program. (Sec. 531) Requires the Secretary to give priority to applicant eligible institutions that demonstrate commitment to urban community service. Part D: Fund for the Improvement of Postsecondary Education - Extends the authorization of appropriations for the Fund for the Improvement of Postsecondary Education, and for its grants for planning and special projects. (Sec. 541) Allows a greater number of technical employees. Includes among authorized special projects: (1) institutional restructuring to improve learning and promote cost efficiencies; (2) evaluation and dissemination of model programs; and (3) articulation between two-year and four-year institutions, including developing innovative methods to ensure the successful transfer of students. Part E: Higher Education Access for Students with Disabilities - Sets forth a new title V part F (Higher Education Access for Students with Disabilities). (Sec. 551) Directs the Secretary to award competitive grants to higher education institutions to develop model programs to provide technical assistance, training, and professional development for faculty and administrators to teach effectively students with disabilities. Authorizes the Secretary to award grants to higher education institutions to disseminate their demonstrated exceptional programs for disabilities. Title VI: International Education Programs - Extends the authorization of appropriations for part A (International and Foreign Language Studies). (Sec. 601) Revises or establishes provisions for: (1) graduate and undergraduate national language and area centers and programs and authorized activities; (2) language resource centers; (3) incentives for new and existing undergraduate international studies and foreign language programs, and Federal share and use of funds for such programs; (4) research, studies, and reports; (5) selection of certain grant applicants; (6) equitable distribution of certain funds; (7) American overseas research centers; and (8) development grants for new such centers. (Sec. 602) Extends the authorization of appropriations for part B (Business and International Education Programs). Revises requirements for centers for international business education. (Sec. 603) Extends the authorization of appropriations for the Institute for International Public Policy. Raises from one-fourth to one-half the non-Federal matching funds requirement for the minority foreign service professional development program. Requires the non-Federal contribution to be from private sector sources. Revises requirements for the study abroad program to extend the program to students completing the third year of study in the case of a summer abroad program. Provides for an institutional development program of grants to historically Black colleges and universities, Hispanic-serving institutions, tribally controlled community colleges, and minority institutions, to strengthen their international affairs programs. (Sec. 604) Repeals provisions relating to preservation of pre-1992 programs. Title VII: Related Programs and Amendments to Other Laws - Part A: Indian Higher Education Programs - Amends the Tribally Controlled Community College Assistance Act of 1978 to rename it the Tribally Controlled College or University Act of 1978. (Sec. 711) Extends such Act's programs to colleges and universities. Increases the amount per Indian student of grants to such colleges and universities. Extends the authorization of appropriations for grants, endowment, and economic development programs. (Sec. 712) Amends the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act to extend the authorization of appropriations for the Institute of American Indian and Alaska Native Culture and Arts Development. Part B: Advanced Placement Fee Payment Program - Authorizes the Secretary to make grants to States to reimburse low-income individuals for the cost of advanced placement test fees. (This program is currently under the Higher Education Amendments of 1992.) (Sec. 721) Revises such program to: (1) encourage States to support advanced placement teacher training and related activities designed to increase the participation of low-income individuals; and (2) permit the use of up to five percent of funds to disseminate information about the availability of test fee payments. Extends the authorization of appropriations for such program. Part C: Institute for Peace Act - Amends the United States Institute for Peace Act to extend the authorization of appropriations for the Institute. Part D: Community Scholarship Mobilization - Community Scholarship Mobilization Act - Directs the Secretary of Education to award an endowment grant, on a competitive basis, to a national organization to support the establishment or ongoing work of regional, State or community program centers that foster development of local entities in high poverty areas to improve high school graduation rates and postsecondary attendance through academic support services and postsecondary scholarship assistance. (Sec. 745) Directs the Secretary to award one or more such endowment grants pursuant to an agreement with a national association which requires that: (1) 70 percent of endowment fund interest income in any fiscal year be used to assist such centers; (2) 30 percent of such income in any fiscal year be used for scholarships for students from low-income families, to be matched on a dollar-for-dollar basis from funds raised by the local entities; and (3) at least 50 percent of all the interest income from the endowment be allocated to establish new local entities or support regional, State or community program centers in high poverty areas. (Sec. 746) Authorizes appropriations. Part E: Grants to States for Workplace and Community Transition Training for Incarcerated Youth Offenders - Directs the Secretary of Education to carry out the program of Grants to States for Workplace and Community Transition Training for Incarcerated Youth Offenders (currently under HEA title X part E). (Sec. 751) Extends the authorization of appropriations for such program. Part F: Education of the Deaf - Education of the Deaf Amendments of 1998 - Amends the Education of the Deaf Act (EDA) to: (1) require elementary and secondary programs to comply with certain requirements under the Individuals With Disabilities Education Act; (2) revise requirements relating to agreements with Gallaudet University and the National Technical Institute for the Deaf (NTID); and (3) revise requirements for audits, reports, investments, and international students. (Sec. 768) Extends the authorization of appropriations for monitoring, evaluation, and reporting. (Sec. 769) Revises requirements for Federal endowment programs payments, and for withdrawals and expenditures. Extends the authorization of appropriations for Federal endowment programs (for Gallaudet University and NTID). (Sec. 771) Requires Gallaudet University and the NTID to: (1) establish and disseminate research priorities that reflect public input; and (2) submit reports to the Secretary of Education and specified congressional committees. (Sec. 772) Extends the authorization of appropriations for Gallaudet University and NTID programs under EDA. (Sec. 773) Directs the Secretary of Education to establish a Commission on the Education of the Deaf to identify those education-related factors in the lives of deaf individuals that: (1) result in barriers to successful postsecondary education experiences and employment; or (2) contribute to successful postsecondary education and employment experiences. Authorizes appropriations. Part G: Repeals - Repeals the following HEA provisions: (1) under title VII (Construction, Reconstruction, and Renovation of Academic Facilities), part A (Improvement of Academic and Library Facilities), part C (Loans for Construction, Reconstruction and Renovation of Academic, Housing, and Other Educational Facilities), part D (College Construction Loan Insurance Association), and part E (General Provisions); (2) title VIII (Cooperative Education); (3) under title IX (Graduate Programs), part A (Grants to Institutions and Consortia to Encourage Women and Minority Participation in Graduate Education), part B (Patricia Roberts Harris Fellowship Program), part E (Faculty Development Fellowship Program), part F (Assistance for Training in Legal Profession), and part G (Law School Clinical Experience Programs); (4) under title X (Postsecondary Improvement Programs), part B subpart 2 (Science and Engineering Access Programs), part C (Women and Minorities Science and Engineering Outreach Demonstration Program), and part D (Dwight D. Eisenhower Leadership Program); and (5) under title XI (Community Service Programs), part B (Innovative Projects). (Sec. 781) Repeals the following provisions under the Higher Education Amendments of 1992: (1) under title XIII (Indian Higher Education Programs), part E (Tribal Development Student Assistance Act), part F (American Indian Postsecondary Economic Development Scholarship), and part G (American Indian Teacher Training); (2) title XIV (Studies and Commissions); and (3) title XV (Related Programs and Amendments to Other Laws), including parts A (National Center for the Workplace), part B (National Clearinghouse for Postsecondary Education Materials), part C (School-Based Decisionmakers), part D (Grants for Sexual Offenses Education), and part E (Olympic Scholarships). Part H: Miscellaneous - Expresses the sense of the Congress that the Department of Education should: (1) assess immediately the extent of the risk to the operations of the student financial aid system posed by the year 2000 computer problem; (2) give the highest priority to correcting all two-digit date-related problems in the Department's computer systems to ensure that those systems continue to operate effectively in the year 2000 and beyond; and (3) develop contingency plans, with respect to the year 2000 computer problem, for those computer systems that the Department is unable to correct in time. (Sec. 791) Directs the Secretary of Education to report to specified congressional committees on the compliance status of all mission critical systems at the Department, as well as such contingency plans.
Bill· HRH.R. 3596 (105th)referred
United States · United States Congress · 30 March 1998
Learning Differences Act of 1998 - Authorizes the Secretary of Education to award grants to, and enter into contracts and cooperative agreements with, as many as five institutions of higher education, on a competitive basis, for demonstration projects to develop, test, and disseminate methods, techniques, and procedures for ensuring equal educational opportunity in postsecondary education for individuals with learning disabilities. Requires national geographic distribution of such awards, to the extent feasible, but authorizes giving priority to a historically Black college or university that meets specified eligibility requirements. Authorizes appropriations.
Bill· HRH.R. 3593 (105th)referred
United States · United States Congress · 30 March 1998
Department of Energy Small Business and Industry Partnership Enhancement Act of 1998 - Amends the Atomic Energy Act of 1954 to direct the Nuclear Regulatory Commission (NRC) to make arrangements for the conduct of technology research and development activities within the mission of the Department of Energy (DOE). Revises NRC authority to conduct research and development activities and studies for others in its own contractor-operated facilities where private facilities are inadequate for the purposes. Prohibits the Secretary of Energy, when conducting such activities for others, from recovering more than the full cost of work incurred at DOE contractor-operated facilities. Declares that any costs incurred by DOE in connection with work performed by contractor-operated DOE facilities shall be funded from DOE departmental administration accounts. Prescribes guidelines for charges a DOE contractor-operated facility may assess for work performed for a non-DOE entity (external customer). Requires the Secretary and each contractor operating a DOE facility to develop jointly a system of measurements (metrics) to determine levels of specific areas of performance, which shall subsequently be specified in the contract for operation of a contractor-operated facility, and which shall be used to evaluate the effectiveness of the facility's partnership development. Instructs the Secretary to encourage partnerships and interactions with universities and private industry at each contractor-operated facility. Makes development and expansion of partnerships and interactions with universities and private industry a component in evaluating the annual performance of each contractor-operated facility. Requires each contractor operating a DOE facility to create a small business technology partnership program at each such facility. Requires the Secretary to evaluate program effectiveness annually with each contractor to ensure opportunities for small businesses to interact with and use the resources of each contractor-operated facility. Requires the use of program funds to cover a contractor-operated facility's costs of interactions with small businesses. Prohibits the use of such funds for direct monetary grants to small businesses.
Resolution· HRESH.Res. 401 (105th)passed
United States · United States Congress · 30 March 1998
Expresses the sense of the House of Representatives that: (1) ending social promotion should be addressed through a coordinated effort by government officials, teachers, and parents committed to high academic achievement of students; (2) problems associated with social promotion can be resolved through providing high-quality training and education for our teachers, and using other proven practices; and (3) States should adopt high, rigorous standards and standards-based assessments to require academic accountability with the specific aim of ending social promotion and raising student achievement.
Bill· SS. 1874 (105th)referred
United States · United States Congress · 27 March 1998
Department of Energy Small Business and Industry Partnership Enhancement Act of 1998 - Amends the Atomic Energy Act of 1954 to direct the Nuclear Regulatory Commission (NRC) to make arrangements for the conduct of technology research and development activities within the mission of the Department of Energy (DOE). Revises NRC authority to conduct research and development activities and studies for others in its own contractor-operated facilities where private facilities are inadequate for the purposes. Prohibits the Secretary of Energy, when conducting such activities for others, from recovering more than the full cost of work incurred at DOE contractor-operated facilities. Declares that any costs incurred by DOE in connection with work performed by contractor-operated DOE facilities shall be funded from DOE departmental administration accounts. Prescribes guidelines for charges a DOE contractor-operated facility may assess for work performed for a non-DOE entity (external customer). Requires the Secretary and each contractor operating a DOE facility to develop jointly a system of measurements (metrics) to determine levels of specific areas of performance, which shall subsequently be specified in the contract for operation of a contractor-operated facility, and which shall be used to evaluate the effectiveness of the facility's partnership development. Instructs the Secretary to encourage partnerships and interactions with universities and private industry at each contractor-operated facility. Makes development and expansion of partnerships and interactions with universities and private industry a component in evaluating the annual performance of each contractor-operated facility. Requires each contractor operating a DOE facility to create a small business technology partnership program at each such facility. Requires the Secretary to evaluate program effectiveness annually with each contractor to ensure opportunities for small businesses to interact with and use the resources of each contractor-operated facility. Requires the use of program funds to cover a contractor-operated facility's costs of interactions with small businesses. Prohibits the use of such funds for direct monetary grants to small businesses.
Law· HRH.R. 3579 (105th)enacted
United States · United States Congress · 27 March 1998
TABLE OF CONTENTS: Title I: Emergency Supplemental Appropriations Chapter 1: Department of Agriculture Chapter 2: Department of Defense Chapter 3: Department of Defense - Civil Chapter 4: Department of the Interior Chapter 5: Department of Defense - Military Construction Chapter 6: Department of Transportation Title II: Rescissions Title III: General Provisions - This Act 1998 Emergency Supplemental Appropriations Act - Makes emergency supplemental appropriations and rescissions for FY 1998. Title I: Emergency Supplemental Appropriations - Chapter 1: Department of Agriculture - Makes emergency supplemental appropriations for the Department of Agriculture for: (1) the Emergency Conservation Program; (2) the tree assistance program; (3) the Agricultural Credit Insurance Fund Program Account for emergency insured loans; (4) the Commodity Credit Corporation Fund for livestock and dairy production disaster assistance; and (5) the Natural Resources Conservation Service for watershed and flood prevention operations. Chapter 2: Department of Defense - Makes emergency supplemental appropriations for the Department of Defense (DOD) for: (1) military personnel, Army, Navy, Marine Corps, and Air Force and for reserve personnel, Navy; (2) operation and maintenance (O&M), Army, Navy, Marine Corps, Air Force, Army Reserve, Air Force Reserve, Army National Guard, and Air National Guard as well as defense-wide O&M; (3) the Overseas Contingency Operations Transfer Fund; (4) the Navy Working Capital Fund; (5) the Defense-Wide Working Capital Fund; and (6) the Defense Health Program. (Sec. 203) Appropriates an additional amount for DOD for the Reserve Mobilization Income Insurance Fund. (Sec. 204) Directs the Secretary of Defense to appoint an independent panel of experts to evaluate recent measures taken to improve the quality of care provided by the Military Health Services System. Requires the panel to: (1) review the DOD Access and Quality Improvement Initiative to assess whether all measures have been taken to ensure that the System delivers services in accordance with high professional standards; and (2) report findings and recommendations to the Secretary, to be forwarded to the Congress. Makes specified funds available for the panel and for any activity identified by the panel that will improve System health care. Chapter 3: Department of Defense - Civil - Makes emergency supplemental appropriations for DOD for the Army Corps of Engineers for general O&M for emergency repairs. Makes additional funds available for the Department of the Interior, Bureau of Reclamation for water and related resources to repair damage caused by natural disasters. Chapter 4: Department of the Interior - Makes emergency supplemental appropriations for the Department of the Interior for: (1) the U.S. Fish and Wildlife Service and the National Park Service for construction to repair damage caused by natural disasters; and (2) the U.S. Geological Survey for surveys, investigations, and research related to emergency expenses. Makes additional funds available for the Forest Service for State and private forestry and National Forest System emergency expenses. Chapter 5: Department of Defense - Military Construction - Makes emergency supplemental appropriations available for DOD for: (1) the Base Realignment and Closure Account, Part III for costs arising from El Nino damage; and (2) family housing, Navy and Marine Corps and Air Force for costs arising from Typhoon Paka and El Nino damage. Chapter 6: Department of Transportation - Makes emergency supplemental appropriations for the Department of Transportation for: (1) Federal-Aid Highways emergency expenses; and (2) the Federal Railroad Administration for emergency railroad rehabilitation and repair. Title II: Rescissions - Rescinds specified amounts of funds for: (1) the Department of Education for bilingual and immigrant education; (2) Federal Aviation Administration grants-in-aid for airports; (3) the Department of Housing and Urban Development for Section 8 reserves; and (4) the Corporation for National and Community Service for operating expenses of national and community service programs. Title III: General Provisions - This Act - Bars the use of funds made available by this Act for offensive operations by the armed forces against Iraq for purposes of obtaining compliance with United Nations Security Council resolutions relating to inspection and destruction of weapons of mass destruction unless such operations are authorized by a law enacted after this Act's enactment.
Bill· SS. 1870 (105th)open
United States · United States Congress · 26 March 1998
Indian Gaming Regulatory Improvement Act of 1998 - Amends the Indian Gaming Regulatory Act. Revises definitions. Redesignates the National Indian Gaming Commission as the National Indian Gaming Regulatory Commission. Revises and expands Commission powers. Directs the Commission to advise the Secretary of the Interior with respect to the establishment of minimum Federal standards for background investigations, internal control systems, and licensing. Requires the Secretary, in accordance with specified negotiated rulemaking procedures, to promulgate such standards. Grants the Commission investigatory authority. Sets forth the regulatory framework for class II and III gaming. Sets forth requirements for: (1) conduct of class I, II, and III gaming on Indian lands; and (2) contract review. Authorizes class III gaming on Indian lands only in accordance with an approved compact between the State and Indian tribe concerned. Prohibits the Secretary from approving a compact if the compact requires State regulation of Indian gaming absent State or Indian tribe consent. Sets forth civil penalty and judicial review provisions. Revises the existing gaming fee structure and raises the ceiling on the maximum amount of fees that may be imposed per fiscal year. Establishes the Indian Gaming Trust Fund, to consist of fees collected from class II and III gaming activities and to be used to fund Commission activities. Changes, from after October 17, 1988, to after this Act's enactment date, the effective date of certain prohibitions on gaming on lands acquired by the Secretary in trust for an Indian tribe. Retains certain exceptions to such prohibitions for the St. Croix Chippewa Indians of Wisconsin and the Miccosukee Tribe of Florida. Authorizes an exception in cases where the use of such lands for gaming purposes is provided for in an approved tribal-State compact. Amends the Indian Self-Determination and Education Assistance Act to prohibit former Federal employees from acting as agents or attorneys for clients in connection with matters or decisions involving the Indian Gaming Regulatory Act in which they had personal and substantial involvement while Federal employees.
Bill· HRH.R. 3561 (105th)referred
United States · United States Congress · 26 March 1998
TABLE OF CONTENTS: Title I: Amendments to National and Community Service Act of 1990 Subtitle A: Amendments to Subtitle A (General Provisions) Subtitle B: Amendments to Subtitle B (School-Based and Community-Based Service-Learning Programs) Subtitle C: Amendments to Subtitle C (National Service Trust Program) Subtitle D: Amendments to Subtitle D (National Service Trust and Provision of National Service Educational Awards) Subtitle E: Amendments to Subtitle E (National Civilian Community Corps) Subtitle F: Amendments to Subtitle F (Administrative Provisions) Subtitle G: Amendments to Subtitle G (Corporation for National and Community Service) Subtitle H: Amendment to Title III (Points of Light Foundation) Subtitle I: Amendments to Title V (Authorization of Appropriations) Title II: Amendments to the Domestic Volunteer Service Act of 1973 Subtitle A: Amendments to Title I (National Volunteer Antipoverty Programs) Subtitle B: Amendments to Title II (National Senior Volunteer Corps) Subtitle C: Amendments to Title IV (Administration and Coordination) Subtitle D: Amendments to Title V (Authorization of Appropriations) Title III: Technical Amendments Subtitle A: Technical Amendments to the National and Community Service Act of 1990 Subtitle B: Technical Amendments to the Domestic Volunteer Service Act of 1973 Title IV: Amendments to Other Laws National and Community Service Amendments Act of 1998 - Title I: Amendments to National and Community Service Act of 1990 - Subtitle A: Amendments to Subtitle A (General Provisions) - Amends the National and Community Service Act of 1990 (NCSA) to include among its purposes the expansion and strengthening of service-learning programs to improve the education of children and youth and maximize the benefits of national and community service. Subtitle B: Amendments to Subtitle B (School-Based and Community-Based Service-Learning Programs) - Revises NCSA with respect to school-based and community-based service-learning programs of the Corporation for National and Community Service (the Corporation). (Sec. 121) Authorizes the use of school-based grant funds for the provision of training and technical assistance to service-learning programs. Allows a State to apply for school-based service assistance either through a State educational agency (SEA) or through a State Commission. Requires any State receiving such assistance to ensure that the SEA and the State Commission coordinate their respective activities. (Sec. 122) Repeals the Corporation's authority to assist local applicants in nonparticipating States and public or nonprofit organizations with grants for school-based service-learning programs. Repeals authority for local (as distinguished from State or tribal) applications for such grants. (Sec. 123) Revises the formula for school-based grant allotments to States. (Sec. 124) Repeals the limitation to States or Indian tribes of applications to the Corporation for school-based service-learning grants. Requires applications to give assurances that the applicant selected programs on a competitive basis. (Sec. 125) Increases from 15 percent to 25 percent the percentage of assistance which the original recipient of the grant or allotment may use for certain capacity-building activities. Authorizes the Corporation Chief Executive Officer (CEO) to place restrictions on the types and amounts of such activities. (Sec. 126) Allows a State to apply for community-based service program assistance either through an SEA or through a State Commission. Requires any State receiving such assistance to ensure that the SEA and the State Commission coordinate their respective activities. (Sec. 127) Repeals the limitation to public or private nonprofit organizations of eligibility (thus making for-profit organizations also eligible) to receive assistance for service-learning clearinghouse activities, as long as they have extensive experience with service-learning, including the use of adult volunteers to foster service-learning. (Sec. 128) Provides for reservation of funds for school-based grant payments to Indian tribes and territories. (Sec. 129) Authorizes the Corporation to make grants to, or enter into contracts or cooperative agreements with, eligible entities to support multi-State, demonstration, or other activities to improve or expand effective service-learning programs. (Sec. 130) Revises higher education programs for community service to include service-learning components. Provides for assistance in the form of contracts or cooperative agreements, as well as grants, for such programs. Makes eligible to apply for such assistance higher education institutions, including ones applying as part of a consortium with public or private nonprofit organizations, and State Commissions on National and Community Service or State agencies for higher education as part of a consortium with higher education institutions. Extends the Federal share of 50 percent of project cost to service-learning projects (and maintains that share for community service projects). Subtitle C: Amendments to Subtitle C (National Service Trust Program) - Prohibits the Corporation from making grants to Federal agencies (as opposed to contracts or cooperative agreements) to support national service programs. (Sec. 141) Specifies fiscal year limits on the Corporation's share of the cost of positions approved under the national service laws, as measured by the average budgeted cost per individual enrolled in an approved national service position, including administrative and support costs attributable to such individuals. (Sec. 143) Increases the minimum amount, and revises the maximum limit on the Federal share, for grants to assist State Commissions on National and Community Service. Repeals authority for national service program challenge grants. (Sec. 144) Authorizes the Corporation to make certain National Service Trust Program grant allotments to applicant States, the District Columbia, and the Commonwealth of Puerto Rico. Repeals the mandate to reserve certain funds for approved national service educational awards. Revises formulas for competitive distribution of remaining grant funds to States and other applicants, including local governments, Indian tribes, public or private nonprofit organizations (including labor unions), and higher education institutions. Revises requirements for grants for national service by individuals with disabilities. Requires grant recipient entities to use such funds to increase the participation of such individuals in activities carried out under the national service laws. (Current law requires use of funds to place a substantial number of such individuals as participants in National Service Trust Program projects.) Authorizes the Corporation to reserve a limited amount of funds to provide operational assistance to programs that receive approved national service positions but do not receive specified National Service Trust Program funds. Limits such operational support to not more than $1,000 per individual enrolled in an approved national service position. Authorizes the Corporation CEO to waive, or specify alternatives to, certain requirements for approved national service positions if this will further the purposes of the national service laws. Prohibits waiver of, or alternatives to, certain requirements relating to labor union consultation and concurrence. (Sec. 145) Adds consideration of the extent to which the program generates volunteer involvement, if applicable, to criteria for evaluating applications for assistance and approved national service positions. (Sec. 146) Revises requirements for selection of national service participants to provide that individuals who receive special leadership training from the Corporation prior to and upon assignment by the Corporation to national service programs shall not, by reason of their status as such leaders, be considered Federal employees, except for purposes of specified laws relating to compensation for work-related injuries and torts claims procedure. (Sec. 147) Revises terms of national service and eligibility conditions for receiving a national service educational award in cases of release for compelling personal circumstances. Authorizes the organization responsible for granting the release to: (1) determine if such circumstances are compelling, if the participant has performed satisfactorily and has completed at least 15 percent of the original term of service; and (2) certify the participant's eligibility for a portion of such award. (Sec. 148) Revises limitations on national service living allowances. Requires reduction of such an allowance by the amount of the individual's concurrent Federal Work-Study award. (Sec. 149) Authorizes the Corporation to waive, or specify alternatives to, certain requirements for matching funds and use of assistance. Prohibits waiver of, or alternatives to, certain requirements relating to labor union consultation and concurrence. Subtitle D: Amendments to Subtitle D (National Service Trust and Provision of National Service Educational Awards) - Makes National Service Trust funds available for: (1) national service scholarships and (2) administrative expenses to ensure effective Trust management. (Sec. 152) Requires the supervisory organization to certify that an individual is eligible to receive a national service educational award from the Trust. Revises eligibility requirements for those released for compelling personal circumstances to include satisfactory performance and completion of at least 15 percent of the required term of service. Provides that an individual may receive no more than the aggregate value of two full-time national service educational awards. (Sec. 153) Makes national service educational award amounts available to pay an individual's expenses incurred in enrolling at any educational institution or training establishment that meets requirements for veterans educational benefits. Expands the definition of qualified student loans for which such payments may be made to include certain loans made directly by the lender to the student. Transfers to the Corporation CEO the authority to approve whether a national service program may offer participants an alternative post-service benefit funded entirely from non-Federal resources. (Sec. 154) Establishes the national service scholarship program. Authorizes the Corporation to use amounts in the Trust to: (1) support the scholarship program to recognize high school juniors and seniors engaged in outstanding community service; and (2) supplement locally-funded scholarships to help cover an individual's postsecondary education or job training costs. Limits the Corporation's share of an individual's scholarship under such program to not more than $500. Subtitle E: Amendments to Subtitle E (National Civilian Community Corps) - Makes it an additional purpose of establishing the National Civilian Community Corps to provide a basis for determining whether residential service programs can meet national and community needs related to natural and other disasters in coordination with the Federal Emergency Management Agency and other public and private organizations. (Sec. 162) Requires the national service program component of the Corps to be residential. (Sec. 163) Increases the minimum age for Corps participation from 16 to 18 by the end of the calendar year in which the individual enrolls. Repeals the eligibility of persons between 18 and 24 who have not received a high school diploma or its equivalent. Allows, as an alternative to holding a high school diploma or equivalent, not having dropped out of elementary or secondary school to participate, and agreeing to obtain a high school diploma or equivalent. (Sec. 164) Authorizes the Corps Director to select individuals with prior supervisory or service experience to be Team Leaders in the Corps to perform service that includes leading and supervising teams of Corps Members. Requires such Team Leaders to be: (1) selected without regard to age limitation; (2) Corps members; and (3) given rights and benefits applicable to Corps Members, without the limitation on the amount of living allowance. (Sec. 165) Includes State Commissions among those to be consulted in developing Corps project proposals. Requires the Corps Director, in project selection, to place appropriate emphasis on projects addressing the environment and in support of disaster relief efforts. (Sec. 166) Eliminates the option of Corps members upon completion of a service period to elect a post-service benefit alternative (of cash or other suitable benefit) instead of a national service educational award (thus requiring them to receive the educational award). (Sec. 167) Transfers to the Corporation CEO specified duties of the Corps Director with respect to a permanent cadre of Corps supervisors and training instructors. Requires the CEO to include the Director in such cadre and consider the Director's recommendations in appointing the other cadre members. (Sec. 168) Requires the Corps Advisory Board to advise the Corporation CEO as well as the Corps Director. Includes nonprofit organizations and the Director of the Federal Emergency Management Agency among Advisory Board members. Subtitle F: Amendments to Subtitle F (Administrative Provisions) - Revises NCSA with respect to: (1) notice, hearing, and grievance procedures; (2) resolution of displacement complaints; and (3) agreements with States. Subtitle G: Amendments to Subtitle G (Corporation for National and Community Service) - Revises NCSA with respect to: (1) Corporation for National and Community Service terms of office; (2) peer reviewers; and (3) officers. Subtitle H: Amendment to Title III (Points of Light Foundation) - Revises NCSA to allow the Corporation CEO to serve as an ex officio, nonvoting member of the Points of Light Foundation's Board of Directors. Subtitle I: Amendments to Title V (Authorization of Appropriations) - Revises and extends through FY 2002 the authorization of appropriations for NCSA programs. Title II: Amendments to the Domestic Volunteer Service Act of 1973 - Subtitle A: Amendments to Title I (National Volunteer Antipoverty Programs) - Amends the Domestic Volunteer Service Act of 1973 (DVSA) to revise provisions for National Volunteer Antipoverty Programs with respect to the Volunteers in Service to America (VISTA) program's: (1) support of efforts by local agencies and organizations to achieve long-term sustainability of VISTA activities in the absence of Federal assistance; (2) operation by the Director of the ACTION agency; (3) funds for related public awareness and recruitment activities under the national service laws; (4) assistance in post-service transition; (5) cost-sharing; (6) limitation on number of terms of service; (7) grievance procedure; (8) competition requirement for grants and contracts; and (9) consideration, in merit selection of projects, on existing projects' needs as well as potential new projects. (Sec. 219) Repeals authority for the VISTA Literacy Corps. (Sec. 220) Repeals the prohibition against denying assistance to a project or program solely on the basis of the assistance already received. Requires the Corps Director to grant assistance to a project or program only on the basis of merit (as under existing law) and the achievement of sustainability. (Sec. 221) Repeals authority for special volunteer programs. Subtitle B: Amendments to Title II (National Senior Volunteer Corps) - Revises DVSA provisions for national older American volunteer programs. Renames them collectively the National Senior Volunteer Corps (Senior Corps), composed of the Retired and Senior Volunteer Program (RSVP), the Foster Grandparent Program (FGP), the Senior Companion Program (SCP), and demonstration and other programs of community service opportunities for people 55 years of age or older. (Sec. 233) Allows cost-defraying incentives to Retired and Senior Volunteer Program (RSVP) project volunteers who make a substantial commitment of time and coordinate activities, including training, and otherwise support other volunteers. Eliminates the requirement for State agency prior review of RSVP grants and contracts. (Sec. 234) Makes eligible for Foster Grandparent Program (FGP) enrollment low-income individuals 55 or older, giving priority to those 60 or older (current law requires such volunteers to be 60 or older). (Sec. 235) Revises requirements for an agreement on FGP person-to-person services. Authorizes the agency responsible for providing such services to determine whether it is in the best interests of a child receiving, and of a particular foster grandparent providing, such services to continue such relationship after the child reaches the age of 21. Requires any foster grandparent replacement to be determined through the mutual agreement of all parties involved in the provision of services to the child. (Sec. 236) Raises the low-income ceiling for FGP eligibility from 125 percent to 150 percent of the poverty line amount. (Sec. 237) Allows individuals who are not low-income persons to serve as FGP volunteers, if their appointment does not prevent or displace low-income persons from being volunteers. Limits to ten percent of FGP appropriations the amount that may be used to cover any costs relating to FGP volunteers who are not low-income persons. (Sec. 238) Authorizes the ACTION Director to: (1) support Foster Grandparent Leaders who, by virtue of past volunteer experience, special skills, and demonstrated leadership abilities, may coordinate activities, including training; and (2) otherwise support the service of FGP volunteers. (Sec. 239) Makes eligible for Senior Companion Program (SCP) enrollment low-income individuals 55 or older, giving priority to those 60 or older (current law requires such volunteers to be 60 or older). (Sec. 240) Authorizes the ACTION Director to: (1) support Senior Companion Leaders who, by virtue of past volunteer experience, special skills, and demonstrated leadership abilities, may coordinate activities, including training; and (2) otherwise support the service of SCP volunteers. (Sec. 241) Revises provisions for grants for programs of national significance. Subtitle C: Amendments to Title IV (Administration and Coordination) - Deems volunteers in DVSA programs to be Federal employees for purposes of family and medical leave requirements. (Sec. 252) Permits program and project evaluation activities to include subjects relating to the national service laws, if the ACTION Director determines that this will assist the Corporation for National and Community Service in conducting more efficient evaluations and in avoiding duplication of effort and function. Repeals the mandate for evaluation of programs relating to services that assist families caring for frail and disabled adult family members. Subtitle D: Amendments to Title V (Authorization of Appropriations) - Extends through FY 2002 the authorization of appropriations under DVSA for: (1) the VISTA program; (2) National Senior Service Corps programs (RSVP, FGP, SCP, and programs of national significance); and (3) administration and coordination. (Sec. 264) Authorizes FY 1998 through 2002 appropriations for certain DVSA evaluation activities. Title III: Technical Amendments - Subtitle A: Technical Amendments to the National and Community Service Act of 1990 - Makes various technical amendments to NCSA. Subtitle B: Technical Amendments to the Domestic Volunteer Service Act of 1973 - Makes various technical amendments to DVSA. Title IV: Amendments to Other Laws - Makes technical amendments to the Higher Education Act of 1965, the Bilingual Education Act, and a specified Federal law relating to the Public Lands Corps. (Sec. 403) Repeals the eligibility of the Secretaries of Transportation and of Housing and Urban Development for NCSA funds for the Urban Youth Corps.
Resolution· HRESH.Res. 399 (105th)passed
United States · United States Congress · 26 March 1998
Urges the Congress and the President to give programs under the Individuals with Disabilities Education Act (IDEA) the highest priority among Federal education programs by working to fund the maximum State grant allocation for educating children with disabilities under such Act.
Bill· HRH.R. 3556 (105th)referred
United States · United States Congress · 25 March 1998
TABLE OF CONTENTS: Title I: Defense Title II: Other Discretionary Accounts Title III: Entitlements Title I: Defense - Directs the Secretary of Defense to reduce: (1) by FY 2004 the Department of Defense (DOD) strategic nuclear force to include a maximum of 300 Minuteman III intercontinental ballistic missiles; and (2) DOD theater missile defense programs by terminating the Navy sea-based area theater missile defense system, the Army Medium Extended Air Defense System, the Air Force airborne laser for destruction of missiles system, and the Space and Missile Tracking System. (Sec. 102) Prohibits funds from being appropriated to DOD for fiscal years after 1998 for the production of Trident II (D-5) missiles for the Navy. Requires the Secretary to retire eight Trident I submarines during FY 2001 through 2004. (Sec. 103) Prohibits funds from being appropriated to DOD for fiscal years after 1998 for: (1) assistance to Israel for development of the Arrow missile; and (2) research, development, test, and evaluation or for procurement for the Marine Corps V-22 Osprey aircraft program. (Sec. 105) Requires the Secretary to retire 20 Air Force KC-135E aircraft during each of FY 1999 through 2003. (Sec. 106) Directs the Secretary to assign to a unit of the armed forces members who are: (1) in transit during a scheduled move from one military installation to another; or (2) undergoing military training other than basic training. (Sec. 107) Amends the Arms Export Control Act to provide that any sale of major defense equipment approved under such Act shall include an appropriate charge for costs incurred by the United States in the research, development, and production of such equipment. Provides an exception. Repeals a provision of such Act which allows for the recovery of certain administrative expenses when such expenses are neither salaries of U.S. armed forces nor unfunded estimated costs of civilian retirement and other benefits. Title II: Other Discretionary Accounts - Requires the Administrator of the National Aeronautics and Space Administration (NASA) to terminate U.S. participation in the International Space Station program. Authorizes appropriations for termination costs. (Sec. 202) Amends the Rural Electrification Act of 1936 to require the interest rates on loans and advances under such Act to equal the coupon equivalent yield on Treasury obligations of comparable maturity at the most recent Treasury auction. Provides for loan origination fees from borrowers of loans made under such Act. Eliminates references to existing interest rates under such Act. (Sec. 203) Amends the National Forest Management Act of 1976 to eliminate below-cost timber sales from National Forest System lands. (Sec. 204) Repeals provisions of the Agricultural Trade Act of 1978 regarding the foreign market development cooperator program. (Sec. 205) Repeals provisions of the Food, Agriculture, Conservation, and Trade Act of 1990 regarding the Cochran Fellowship Program. (Sec. 206) Prohibits the NASA Administrator from obligating funds for the Advanced Subsonic Technology Program, High-Speed Research, or the National Aeronautics Facility. (Sec. 207) Repeals the Appalachian Regional Development Act of 1965 effective September 30, 1998. (Sec. 208) Amends the Tennessee Valley Authority Act of 1933 to prohibit the authorization of appropriations to carry out such Act after September 30, 1998. Title III: Entitlements - Requires, for any arrangement for the sale of electric power entered into by a Federal Power Marketing Administration after October 1, 1998, that: (1) the rate for the sale of power be the market rate established by competitive bidding and no discount be provided to any purchaser; and (2) no entity be entitled to any preference or priority right to contract for or purchase such power. Makes certain provisions of the Pacific Northwest Electric Power Planning and Conservation Act regarding a residential power exchange program inapplicable to arrangements for the purchase or sale of electric power entered into after October 1, 1998. Prohibits Federal Power Marketing Administrations from entering into or renewing a power marketing contract for a term that exceeds five years. (Sec. 302) Repeals provisions of the Agricultural Trade Act of 1978 regarding a market access program. (Sec. 303) Amends the Agricultural Act of 1949 to extend and increase tobacco price support program marketing assessments on producers, purchasers, and importers. (Sec. 304) Amends the Higher Education Act of 1965 to provide for the payment of in-school interest by certain student loan borrowers. (Sec. 305) Amends Federal veterans' provisions to increase from $2 to $5 the prescription drug copayment required from certain veterans. Extends such requirement through FY 2003.
Bill· HRH.R. 3552 (105th)referred
United States · United States Congress · 25 March 1998
Amends the Internal Revenue Code to permit: (1) annual carryover of up to $500 of unused nontaxable cafeteria plan and flexible spending arrangement benefits; or (2) such carryover to be distributed as taxable income, or rolled over tax free to certain retirement plans, an education individual retirement plan, or a medical savings account.
Resolution· HCONRESH.Con.Res. 250 (105th)referred
United States · United States Congress · 25 March 1998
Declares that the Congress: (1) encourages State and Federal agencies to use federally sponsored research to develop education programs to raise the awareness of health professionals and the public about the dangers of sleep deprivation; (2) calls for additional Federal research that would lead to proper diagnosis and treatment of sleep disorders; (3) urges Federal agencies to help facilitate the education of primary care practitioners in the proper diagnosis and treatment of such disorders; and (4) supports educational programs for researchers, accident investigators, and law enforcement officials to identify transportation and workplace accidents caused by or related to fatigue or sleep deprivation.
Bill· HRH.R. 3532 (105th)open
United States · United States Congress · 24 March 1998
TABLE OF CONTENTS: Title I: Authorization Title II: Other Provisions Nuclear Regulatory Commission Authorization Act for Fiscal Year 1999 - Title I: Authorization - Authorizes appropriations from the Nuclear Waste Fund for FY 1999 for: (1) the Nuclear Regulatory Commission (NRC); and (2) the NRC Office of Inspector General. (Sec. 102) Allocates such appropriations among: (1) Nuclear Reactor Safety; (2) Nuclear Materials Safety; (3) Nuclear Waste Safety; (4) Common Defense and Security and International Involvement; (5) Protecting the Environment; and (6) Management and Support. Restricts the NRC from using more than one percent of such allocations to make grants and enter into cooperative agreements with organizations such as universities, State and local governments, and not-for-profit institutions. Mandates NRC notification to the Congress as a prerequisite to specified reallocations. Restricts the use of Nuclear Waste Fund appropriations solely to NRC high-level nuclear waste activities. (Sec. 104) Authorizes the NRC to transfer specified funds from non-Nuclear Waste Fund appropriations to its Office of Inspector General. (Sec. 106) Requires that appropriations for NRC regulatory assistance to Federal agencies for activities that do not derive their funding from the Nuclear Waste Fund be excluded from the calculation of the aggregate amount of specified charges. (Sec. 107) Amends the Omnibus Budget Reconciliation Act of 1990 to extend through FY 2003 NRC authority to assess and collect user fees and annual charges. Title II: Other Provisions - Amends the Atomic Energy Act of 1954 to repeal the requirement that the NRC maintain an office for the service of process and papers within the District of Columbia. (Sec. 202) Provides that the initial duration of a combined construction and operating license for a production or utilization facility may not exceed 40 years from the date on which the NRC finds, prior to facility operation, that specified statutory acceptance criteria have been met. (Sec. 203) Establishes a fund in the Treasury to receive gifts, bequests, and donations of real and personal property to the NRC. Prescribes NRC duties regarding such acquisitions. (Sec. 204) Prescribes guidelines for the carrying of firearms and the authority to make arrests by employees or contractors of NRC licensees or certificate holders for the protection of property of significance to the common defense and security located at facilities owned or operated by an NRC licensee or certificate holder or being transported to or from such facilities. (Sec. 205) Revises the crime of sabotage of Federal nuclear facilities to cover any production, utilization, waste storage, treatment, disposal, uranium enrichment, or nuclear fuel fabrication facility subject to licensing or certification under this Act during its construction where the destruction or damage caused or attempted could affect public health and safety during facility operation. (Sec. 206) Authorizes the NRC to issue trespass regulations relating to property subject to its licensing or certification authority. (Sec. 207) Amends the Energy Reorganization Act of 1974 to prescribe guidelines for temporary continuation of service by an NRC commissioner whose term has expired.
Bill· SS. 1814 (105th)referred
United States · United States Congress · 23 March 1998
TABLE OF CONTENTS: Title I: Structural Changes Title II: Management Title III: Government Travel Reform Title IV: Procurement Provisions Title V: Operations - Use of Reserves Title VI: Intelligence Personnel Management Title VII: Defense Base Closure and Realignment Act of 1998 Department of Defense Reform Act of 1998 - Title I: Structural Changes - Eliminates: (1) the position of Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs; and (2) the requirement that such Assistant Secretary be Staff Director to the Joint Nuclear Weapons Council. (Sec. 102) Redesignates the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict as the Assistant Secretary of Defense for Special Operations and Humanitarian Activities. (Sec. 103) Directs the Under Secretary of Defense for Acquisition and Technology to establish policy and requirements for the educational programs of the defense acquisition university structure. (Sec. 104) Eliminates the position of Director of Acquisition Education, Training, and Career Development. (Sec. 105) Requires the Secretary of Defense (Secretary) to appoint a Chancellor for Education and Professional Development to exercise authority, direction, and control over Department of Defense (DOD) education and professional development programs, other than those related to professional military education and training. (Sec. 106) Allows (currently, requires) certain institutions to be included in the National Defense University and authorizes additional institutions to be included in the future. (Sec. 107) Amends the Department of Defense Appropriations Act, 1998 to repeal: (1) a fiscal year funding limitation on the relocation of a DOD organization or function into or within the National Capital Region; and (2) a limitation on the management of a Dod field operating agency. (Sec. 109) Repeals provisions requiring a phased reduction in the number of DOD management headquarters and headquarters support activities personnel. (Sec. 110) Amends the National Defense Authorization Act for Fiscal Year 1998 to repeal a limitation on the reorganization of airborne reconnaissance management. Title II: Management - Repeals provisions requiring an annual certification from the Secretaries of the military departments and the heads of defense agencies that civilian DOD employees have not been managed under any end strength limitations. (Sec. 202) Extends through FY 2003 certain early retirement provisions, separation benefits and incentives, and related force reduction transition authorities, including the use of educational benefits under the Montgomery GI Bill. Allows the Secretary to authorize a military department Secretary to reduce from three to two years the time-in-grade requirement for retention of grade upon voluntary retirement with respect to reserve officers. (Sec. 203) Revises the Federal employee early retirement program to require an employee, in order to be eligible for such program, to be employed continuously by the agency involved for more than 30 days, to be serving under an appointment that is not time-limited, and to not be under notice of involuntary separation for misconduct or unacceptable performance. Requires the agency involved to be undergoing a major reorganization, reduction in force, or transfer of function in order to offer such early retirement. Revises similarly early retirement provisions for the Senior Executive Service. Title III: Government Travel Reform - Revises military pay and allowances provisions to: (1) allow a member to receive a monetary allowance in lieu of the payment of household goods transportation costs; (2) require that such allowance provide an overall cost savings to the Government and be paid in advance of the transportation of such goods; and (3) make appropriations currently available for the payment of such transportation costs also available for the payment of such monetary allowances. (Sec. 302) Authorizes the Secretary to acquire official and unofficial travel services under a single procurement conducted under Federal defense procurement requirements and regulations. Allows contracts pursuant to such a procurement to provide for credits, discounts, commissions, or other fees based on the amount of travel-related sales generated by such services. Title IV: Procurement Provisions - Authorizes the Secretary to prescribe regulations that authorize verification using statistical sampling procedures, after payment, of the receipt and acceptance of goods and services. (Sec. 402) Redesignates "major defense acquisition programs" as "major systems." Revises provisions limiting the participation of contractor personnel in the DOD operational test and evaluation of a major system. Requires assurance of the impartiality of such employees and the integrity of the testing and evaluation, with certain verification steps to be taken by the Secretary when utilizing such personnel. (Sec. 403) Amends the Federal Property and Administrative Services Act of 1949 to allow Federal surplus property disposals, and contracts for such disposals, to be negotiated without the use of public advertisement and full and open competition: (1) when necessary in the public interest during a national emergency; (2) for public health, safety, or national security promotion; (3) for public exigency; (4) when public disposal would cause an adverse impact on an industry sufficient to affect the national economy; (5) when bid prices after public advertising are not reasonable; (6) when the character or condition of the property involved makes it impractical to advertise publicly; (7) when the disposal will be to U.S. states, territories, possessions, or subdivisions thereof; (8) when a non-advertised sale would be advantageous to the Government; and (9) when such a disposal is otherwise authorized by such Act or other law. (Sec. 404) Repeals procurement contract fee limitations with respect to: (1) performance of experimental, developmental, or research work; (2) architectural and engineering services; and (3) the employment of outside architects and engineers. Title V: Operations - Use of Reserves - Excludes from military personnel end strength limitations members of the reserves (enlisted and officer personnel) on active duty and National Guard personnel on full-time duty to participate in emergency preparedness programs involving the use of a weapon of mass destruction. Authorizes such personnel to perform any duties in support of such programs. Provides authority to order a member of the reserves to active duty for an additional 21 days beyond his or her prescribed duty period in order to perform such emergency preparedness assistance. Title VI: Intelligence Personnel Management - Repeals the authority of the Secretary to establish defense intelligence positions in the individual military departments (allowing such appointments only in DOD). (Sec. 602) Provides for the transfer of appropriate employees from the defense civilian intelligence personnel system to the Federal competitive service system. Title VII: Defense Base Closure and Realignment Act of 1998 - Defense Base Closure and Realignment Act of 1998 - Establishes an independent Defense Base Closure and Realignment Commission. Authorizes appropriations for the Commission. Terminates the Commission on December 31, 2005. (Sec. 703) Directs the Secretary, as part of the DOD budget justification for each of FY 2002 and 2006, to include a force structure plan for each military department based on an assessment of probable national security threats during the six-year period for which the budget request is made and of the anticipated funding levels that will be available during such period for national defense purposes. Requires the Secretary to publish in the Federal Register and transmit to the defense committees the proposed and final criteria to be used in making recommendations for the closure or realignment of military installations inside the United States. Directs the Secretary, on May 15, 2001, and May 16, 2005, to publish and transmit to such committees a list of installations recommended for closure or realignment on the basis of the such force structure and final criteria. Requires the inclusion of a summary of the selection process used in making such recommendations. Prohibits the Secretary, in making such recommendations, from taking into consideration any advance conversion planning undertaken by a community in anticipation of a closure or realignment. Directs the Secretary to make all information used in making base closure recommendations available to the Commission and the Comptroller General. Requires the following individuals, when submitting base closure or realignment information to the Secretary, to certify its accuracy and completeness: (1) the Secretaries of the military departments; (2) the heads of defense agencies; and (3) each person having duties which include personal and substantial involvement in the preparation and submission of such information. Directs the Commission, after receiving the Secretary's recommendations, to conduct public hearings and report to the President on its findings, conclusions, and recommendations for base closures and realignments. Allows the Commission to change a recommendation made by the Secretary when it finds that it deviates substantially from the force structure plan and final criteria. Prohibits the Commission, when making recommendations, from taking into account any advance conversion planning undertaken by an affected community in anticipation of a base closure or realignment. Directs the President, each year in which the Commission makes recommendations, to transmit to the Commission and the Congress a report containing the President's approval or disapproval of such recommendations, together with reasons therefor. (Sec. 704) Directs the Secretary to: (1) close or realign all military installations as recommended by the Commission; and (2) initiate all such closures and realignments within two years, and complete all such closures and realignments within six years, after the President transmits such report. Prohibits any such closure or realignment if disapproved by a congressional joint resolution. (Sec. 705) Outlines closure or realignment implementation requirements, including economic adjustment and community planning assistance for affected communities, environmental restoration, and outplacement assistance for displaced employees. Directs the Administrator of General Services to delegate to the Secretary appropriate authorities for disposing property at targeted installations. Directs the Secretary, before disposing or transferring such property, to consult with State governors and heads of local governments to consider any plan for the use of such property by the local community concerned. Allows for a transfer of property without consideration in the case of an installation located in a rural area whose closure or realignment will have a substantial adverse impact on local communities and on their prospects for economic recovery. Authorizes a transfer of property to the local redevelopment authority (RA) involved, under certain conditions. Requires a determination as to whether another Federal department or agency can use a portion of a closed or realigned installation or will accept transferred property to be made within six months after the date of closure or realignment approval. Requires an RA to which property is transferred to undertake outreach efforts to provide information on the buildings and property involved to representatives of the homeless. Requires such representative to submit to the RA specified information in a notice of interest in such buildings and property, including the homeless assistance program proposed to be carried out at the installation. Directs the RA for each covered installation to prepare and submit to the Secretaries of Defense and Housing and Urban Development (HUD) a redevelopment plan for the use of such installation to assist the homeless. Provides for reversion to the RA if the property is not used for such purposes. Directs the HUD Secretary to complete a review of such plan, taking into consideration and being receptive to the predominant views on such plan by the local communities, and to approve or disapprove of the plan (allowing an RA to revise disapproved plans). Directs the Secretary, upon a determination by the HUD Secretary that a plan meets appropriate requirements, to dispose of the buildings and property at such installation (requiring compliance with environmental requirements). Authorizes the Secretary, if it is considered to be in the best interests of the affected communities, to: (1) postpone or extend any deadline required under this section; or (2) enter into agreements with local governments for fire and police services, airfield operations, and other community services for closed or realigned installations, under certain conditions. Authorizes the Secretary to enter into an agreement to transfer property designated for an RA to any person who agrees to perform all required environmental restoration, waste management, and environmental compliance activities. Requires property recipients to pay at least 50 percent of all compliance costs. Authorizes the Secretary to transfer such property to a person who agrees, in exchange, to transfer to the Secretary housing units located at or near a military installation at which there is a shortage of suitable military housing, under certain conditions. Requires a report from the Secretary to the defense committees on any proposed exchange agreement. Authorizes the Secretary, in closing or realigning an installation, to purchase housing ownership interests of military personnel at manufactured housing parks established at an installation to be closed or realigned under this Act when: (1) it is in the best interest of the Federal Government to eliminate or relocate such park; and (2) such elimination or relocation would result in an unreasonable financial hardship to current owners. (Sec. 706) Establishes in the Treasury the Department of Defense Base Closure Account 1998, requiring Account funds to be used for environmental restoration and property management and disposal at installations closed or realigned under the Defense Base Closure and Realignment Act of 1990. Requires annual reports from the Secretary to the defense committees on deposits into, and expenditures from, the Account, and requires a report to such committees 60 days after termination of the Secretary's authority to close or realign an installation. (Sec. 707) Requires annual reports from the Secretary to the defense committees, beginning with the budget request for FY 2005, which shall include: (1) a schedule of the closure and realignment actions to be carried out, estimated total expenditures and cost savings, and any adverse environmental effects; and (2) a description of installations to which functions are to be transferred as a result of such closures and realignments. (Sec. 708) Outlines procedures for congressional consideration of a joint resolution disapproving a Commission recommendation of a base closure or realignment. (Sec. 709) Mandates that, during the period beginning on the date of enactment of this Act and ending on December 31, 2005, this title shall be the exclusive authority for selecting or carrying out the closure or realignment of a military installation inside the United States. Prohibits, with exceptions, any other DOD funds from being used for such closures or realignments.
Bill· SS. 1812 (105th)referred
United States · United States Congress · 23 March 1998
TABLE OF CONTENTS: Title I: Procurement Subtitle A: Authorization of Appropriations Subtitle B: Multi-Year Contract Authorizations Title II: Research, Development, Test, and Evaluation Subtitle A: Authorization of Appropriations Subtitle B: Other Matters Title III: Operation and Maintenance Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: Reserve Mobilization Income Insurance Fund Title V: Military Personnel Policy Subtitle A: Active Forces Subtitle B: Reserve Forces Title VI: Compensation and Other Personnel Benefits Subtitle A: Military Pay Subtitle B: Bonuses and Special and Incentive Pays Subtitle C: Other Matters Title VII: Acquisition Policy and Management Title VIII: Department of Defense Management Subtitle A: General Management Subtitle B: Department of Defense Personnel Management Title IX: General Provisions Subtitle A: Financial Matters Subtitle B: Miscellaneous Report Requirements and Repeals Subtitle C: Matters Relating to Terrorism Subtitle D: Matters Relating to Counter Drug Operations Subtitle E: Other Matters National Defense Authorization Act for Fiscal Year 1999 - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1999 to the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement. (Sec. 104) Authorizes appropriations for FY 1999 for: (1) defense-wide procurement; (2) the Defense Inspector General; (3) the Defense Health Program; and (4) the chemical demilitarization program. Subtitle B: Multi-Year Contract Authorizations - Authorizes the use of multiyear contracts by the Army and Navy for the procurement of certain vehicles, weapons, and aircraft. Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1999 for the armed forces for research, development, test, and evaluation, including activities of the Directors of Test and Evaluation and Operational Test and Evaluation. Subtitle B: Other Matters - Adds additional requirements for inclusion in the low-rate initial production of weapon systems. (Sec. 212) Extends through FY 2003 the authority of the Secretary of Defense (Secretary) to contract with commercial entities to conduct commercial test and evaluation activities at a major range and test facility installation. Title III: Operation and Maintenance - Authorizes appropriations for FY 1999 for operation and maintenance (O&M) for the armed forces and specified activities and agencies of the Department of Defense (DOD). (Sec. 302) Authorizes appropriations for FY 1999 for: (1) working capital and revolving funds; (2) the Armed Forces Retirement Home; and (3) the operation of Fisher houses, to be derived from the Fisher House Trust Fund. (Sec. 305) Authorizes the transfer of up to $150 million from the National Defense Stockpile Transaction Fund to specified O&M accounts. (Sec. 306) Authorizes the Secretary, using available amounts from the Department of Defense Base Closure Account 1990, to pay stipulated damages under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 assessed against McClellan Air Force Base, California. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Sets forth the authorized end strengths for active-duty forces as of the end of FY 1999. (Sec. 402) Repeals a requirement that such end strengths be sufficient to support two simultaneous major regional contingencies. (Sec. 403) Revises the due date of an annual manpower requirements report. (Sec. 404) Exempts from general and flag officer grade limits the position of Director, National Imagery and Mapping Agency. Makes permanent (currently ends October 1, 1998) the authority of the Chairman of the Joint Chiefs of Staff to designate up to 12 general and flag officers serving in joint duty positions for exclusion from such limits. Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 1999 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves. (Sec. 413) Sets forth the authorized end strengths as of the end of FY 1999 for Army and Air Force military technicians (dual status). (Sec. 414) Increases the number of officers and enlisted personnel authorized to serve on active duty in support of the reserves. (Sec. 415) Excludes from active-duty end strength limitations certain reserve personnel on active duty for 181 days or more in support of peacetime requirements of the military services and combatant commands. Subtitle C: Reserve Mobilization Income Insurance Fund - Authorizes appropriations for the Reserve Mobilization Income Insurance fund. Title V: Military Personnel Policy - Subtitle A: Active Forces - Authorizes the Secretary to determine the composition of selective early retirement boards convened for determining retirement status with respect to Naval Reserve rear admirals or Marine Corps Reserve major generals. (Sec. 503) Provides active status service requirements, for promotion consideration purposes, for Army and Air Force Reserve brigadier generals. (Sec. 504) Authorizes the posthumous appointment of officer commissions and warrants, making the date of appointment the date of death. (Sec. 505) Excludes regular chief warrant officers in the W-4 grade from provisions requiring involuntary retirement due to non-selection for promotion. (Sec. 506) Adds required procedures for the selection of judge advocate generals and assistant or deputy judge advocate generals of the military departments. (Sec. 507) Establishes a three-year term of office for the Chief of the Air Force Nurse Corps. (Sec. 508) Provides time-in-grade requirements for reserve general and flag officers who are involuntarily transferred from an active status. (Sec. 509) Eliminates the requirement for a board of review after a board of inquiry determination relating to an officer's substandard performance of duty or certain other findings. (Sec. 510) Authorizes retired and former officers to be considered for promotion by special promotion selection boards. Subtitle B: Reserve Forces - Authorizes the Secretary of the military department concerned to order members under his jurisdiction to perform functions in support of the defense agencies and either the active or reserve components. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Military Pay - Waives any FY 1999 military pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases the rate of basic pay of members of the uniformed services by 3.1 percent, effective January 1, 1999. Subtitle B: Bonuses and Special and Incentive Pays - Extends through FY 2001 certain bonuses and special pay for specially skilled military personnel, including nuclear-qualified personnel. (Sec. 612) Extends through FY 2000 certain bonuses and special pay authorities for reserve personnel. (Sec. 613) Extends through FY 2001 the special pay authority for nurse anesthetists. (Sec. 614) Provides reenlistment bonus eligibility for reserve personnel who perform active National Guard and Selected Reserve duty. (Sec. 615) Increases from $4,000 to $6,000 the maximum bonus for Army enlistment. Subtitle C: Other Matters - Authorizes the Secretary, or the Secretary of Transportation with respect to the Coast Guard when it is not operating under the Navy, to provide a transportation allowance for rest and recuperation travel during a period in which personnel perform at a duty station within a contingency operation, or in other appropriate circumstances as determined by such Secretary. Provides allowance limits. (Sec. 622) Deletes the Panama Canal Zone from inclusion within the definition of a U.S. possession. (Sec. 623) Allows for the storage of unaccompanied baggage of military dependent students. (Sec. 625) Provides for the restoration of annual leave lost due to the closure of an installation in the Republic of Panama in accordance with the Panama Canal Treaty of 1977. Extends through December 31, 2003, the period during which annual leave lost due to the closure of a military installation under a base closure law will be restored. (Sec. 627) Authorizes the Superintendent of a U.S. military academy to order a cadet or midshipman to be placed on involuntary leave without pay: (1) after a suspension pending separation; (2) to repeat an academic semester or year; or (3) for other good cause. (Sec. 628) Repeals the requirement that no more than ten percent of reenlistment bonuses paid during a fiscal year exceed $20,000. (Sec. 629) Amends the Defense Dependents' Education Act of 1978 to authorize the Secretary, and the Secretary of Transportation with respect to the Coast Guard in appropriate circumstances, to provide an educational allowance to the sponsors of military dependent students in overseas areas in which DOD has not established defense dependents' schools. (Sec. 630) Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) concerning the defense dental plan for military dependents to: (1) revise the premium amount; and (2) authorize the integration of a basic dental benefit plan into the TRICARE Program (a DOD managed care program). (Sec. 631) Provides for the recovery, care, and disposition of remains of military personnel who die while hospitalized after having been retired by reason of medical disability for an injury, illness, or disease incurred while on active duty, as long as the hospitalization has been continuous since such retirement. (Sec. 632) Revises the voluntary separation incentive program to ensure continued eligibility for members who involuntarily lose membership in a reserve component due to age, years of service, failure of promotion, or medical disqualification. (Sec. 633) Revises the defense domestic dependent elementary and secondary school program to: (1) allow dependents of Federal employees not residing on a military installation to be enrolled in a school program for more than five consecutive school years, at the discretion of the Secretary, where the dependent is qualified, space is available, and the Secretary will be reimbursed for educational services provided. Authorizes the enrollment in such school of the dependent of military personnel assigned to a remote or unaccompanied assignment when such dependent is residing in a U.S. territory, commonwealth, or possession. (Sec. 634) Extends until October 1, 2003: (1) the period during which the Secretary concerned may reduce the required term of active service before qualification for retirement for regular or reserve commissioned officers; (2) the period of exemption from required retirement for certain limited duty Navy commanders and captains; and (3) the exemption from mandatory retirement for failure of promotion for certain Navy and Marine Corps officers designated for limited duty. Title VII: Acquisition Policy and Management - Limits the authority of the head of a defense procuring activity to delegate the approval of the use of noncompetitive procedures in the procurement process. Amends the Federal Property and Administrative Services Act of 1949 to set similar limits with respect to the head of a Federal procuring activity. (Sec. 702) Repeals a provision stating that a defense contractor or subcontractor who is granted a waiver from procurement cost or pricing data requirements shall be considered to have met such requirements for purposes of tiered contracts (contracts having one or more contractors and subcontractors). Makes a similar repeal under the Federal Property and Administrative Services Act of 1949 with respect to nondefense contractors or subcontractors. (Sec. 704) Repeals a provision requiring equal allocation of procurement technical assistance program funding among Defense Contract Administrative Services regions. (Sec. 705) Amends the Defense Acquisition Improvement Act of 1986 to repeal the requirement of certain Defense Inspector General oversight of undefinitized contractual actions. (Sec. 706) Amends the Contracts Disputes Act of 1978 to specify the date for the Government payment of interest on contractor cost claims. (Sec. 707) Requires personnel to be assigned to the following positions for no fewer than three years: (1) program manager or deputy manager for a significant nonmajor defense acquisition program; (2) program executive officer; (3) general or flag officer or equivalent position; or (4) senior contracting official. (Currently, such requirement extends only to critical acquisition positions.) (Sec. 708) Makes eligible for the defense acquisition corps certain personnel who served as a GS-13 or above but were downgraded below such level due to a reduction in force, a base closure, or reason other than for cause. (Sec. 709) Amends the Federal Acquisition Streamlining Act with respect to a test program within the Office of Federal Procurement Policy of alternative and innovative procurement procedures to: (1) remove the requirement that no more than one such test be conducted in any single procuring agency; (2) allow two (currently, one) contracts awarded for such tests to exceed $5 million; (3) reduce from 270 to 120 days before the conduct of a test the date by which a detailed test plan is required to be submitted to specified congressional committees; and (4) extend until January 1, 2003, the termination of the test program. (Sec. 710) Amends the National Defense Authorization Act for Fiscal Year 1991 to: (1) remove the word "Pilot" from the Mentor-Protege Pilot Program; (2) authorize DOD to conduct an initiative that would allow DOD to participate in the mentoring of women-owned small business proteges; and (3) expand the definition of a disadvantaged small business concern for purposes of such Program. (Sec. 711) Authorizes holding General Accounting Office protest proceedings in abeyance when the agency involved has agreed to suspend contract award or performance pending completion of any agency protest procedure and any subsequent protest timely filed before the Comptroller General. (Sec. 712) Amends the Department of Defense Appropriations Act, 1993 to revise restrictions on DOD procurement from foreign sources of cotton, silk, wool and other natural fibers and specified derivative products. Title VIII: Department of Defense Management - Subtitle A: General Management - Increases from $5 million to $10 million the authorized annual DOD expenditures for the humanitarian clearance of landmines. Prohibits more than ten percent of such funds from being used to pay reserve personnel performing duty in connection with landmine clearing training and related activities. (Sec. 802) Authorizes the Secretary to impose a surcharge for dishonored checks issued to the Defense Commissary Agency and to deposit collected amounts in the commissary trust revolving fund for payment of costs incurred in collecting on such checks. Provides authorized means of collection, including military pay or entitlements deductions, Federal withholdings, or the use of private collection agencies. (Sec. 803) Amends the Armed Forces Retirement Home Act of 1991 to revise generally the retirement home inspection requirements of the DOD Inspector General. (Sec. 804) Amends the National Security Act of 1947 to exempt operational files of the National Imagery and Mapping Agency (NIMA) from certain public search, review, publication, and disclosure requirements of the Freedom of Information Act. Provides for: (1) exceptions; and (2) judicial review of contested cases of withheld records. Requires the Directors of NIMA and Central Intelligence, at least every ten years, to review exempted records to determine whether they may be removed from exemption. Provides for judicial enforcement of such review requirement. (Sec. 805) Authorizes the Secretary to withhold from public disclosure any geodetic product that the Secretary has determined would, if disclosed, interfere or unfairly compete with an emerging or existing commercial industry or market operation. (Sec. 806) Repeals a provision of the National Defense Authorization Act for Fiscal Year 1998 which requires certain prior approval procedures with respect to the export of high performance computers. (Sec. 807) Amends the National Defense Authorization Act for Fiscal Year 1991 to repeal a provision concerning the authority to waive certain requirements prior to the transfer of the tactical airlift mission to the reserve components. (Sec. 808) Requires funds received from the Federal Republic of Germany representing its share of the costs of the George C. Marshall European Center for Security Studies to be used for Center costs. Authorizes the Secretary to waive reimbursement of certain Center costs for military officers and civilian officials of cooperation partner states of the North Atlantic Cooperation Council or the Partnership for Peace when determined to be in the national security interest. Provides a similar waiver with respect to the Asia Pacific Center for Security Studies for military officers and civilian officials of the Asia Pacific Region. Subtitle B: Department of Defense Personnel Management - Authorizes the Secretary to commence a demonstration project of proposals for improving the personnel management policies or procedures for the Defense Commissary Agency. Provides project terms and conditions, limiting the project's scope to the Agency's workforce. Provides project conditions with respect to employees covered by a collective bargaining agreement. (Sec. 812) Eliminates an employment preference program for the hiring of military spouses as DOD child care employees. (Sec. 813) Preserves certain civil rights protection for former Defense Mapping Agency employees who continue such employment with NIMA. (Sec. 815) Authorizes (currently requires) the Secretary to establish a program for U.S. scientists, engineers, and managers to learn Japanese language and culture. (Sec. 816) Authorizes the Secretary, for five years, to appoint scientific and engineering personnel to conduct experimental research and development through the Defense Advanced Research Projects Agency. Directs the Secretary to report annually to the defense committees on the use of such authority. Title IX: General Provisions - Subtitle A: Financial Matters - Repeals the requirement for a: (1) separate budget request for the procurement of reserve equipment; and (2) two-year DOD budget cycle. (Sec. 903) Amends the Department of Defense Authorization Act, 1986 to require the Director of the Federal Emergency Management Agency (FEMA) to administer a program to provide off-post emergency preparedness to protect the public in the vicinity of installations where lethal chemical agents and munitions are stored. Authorizes the Director to establish an incentive program to encourage States and local governments to achieve early, efficient, and cost-effective preparedness. Requires the Director to report annually to the Congress on program activities. Requires program funds to be set out in a separate defense-related FEMA account. (Sec. 904) Authorizes the Secretary to transfer funds from specified defense accounts for combating terrorism or for force protection. (Sec. 905) Authorizes the Secretary to transfer funds between DOD investment appropriations within acquisition category I and II programs or clearly defined groups of associated acquisition programs, with transfer limits of $500 million per year and $20 million per program. (Sec. 906) Requires annual amounts requested for activities of the Ballistic Missile Defense Organization to be set forth in accordance with specified program elements. Requires amounts requested for Theater and National Missile Defense major defense acquisition programs to be specified in individual dedicated program elements, and to be available only for Ballistic Missile Defense activities. Requires management and support requests to be included within the program elements. (Sec. 907) Authorizes the Secretary, after 30 days' prior notification to the appropriate congressional committees, to transfer funds from DOD O&M accounts to military personnel accounts, to be used for military family housing privatization projects. (Sec. 909) Authorizes the Secretary to pay licensing or other fees to foreign countries or international organizations in connection with the sale there of maps, charts, and navigational books. (Sec. 910) Authorizes the Secretary concerned to charge and retain fees for providing historical information to public requesters from the United States Army or Air Force Military History Institute or the Naval or Marine Corps Historical Center. Subtitle B: Miscellaneous Report Requirements and Repeals - Repeals a report: (1) concerning a NATO conventional defense assessment of allied performance, NATO conventional defense capabilities, and allied burdensharing; (2) relating to the joint training of special operations forces with friendly foreign forces; (3) on the Defense Business Operations Fund; (4) on the Defense Contract Audit Agency's authority to subpoena records of defense contractors; (5) on the use of funds from the lease of non-excess DOD property; (6) concerning the alternative utilization of military facilities; and (7) concerning a proposed contract for the sale of Gregg Circle Area, Fort Jackson, South Carolina. (Sec. 918) Requires the report on demonstration projects relating to the military health care delivery system to be submitted annually (currently, semiannually). (Sec. 922) Provides an exception from the requirement for a report from the Secretary concerned to the defense committees before entering into certain real property transactions with respect to any such transaction made in connection with a declaration of war, national emergency, or major disaster, a riot, or a contingency operation. Requires such a report within 30 days after entering into such a transaction. (Sec. 923) Repeals certain notification requirements with respect to DOD Inspector General investigations. (Sec. 924) Amends the Department of Defense Appropriations Act, 1989 to repeal the reporting of certain elements of DOD overseas basing costs. (Sec. 925) Directs the Secretary concerned to notify the appropriate congressional committees in the case of architectural and engineering services and construction design for which the estimated costs exceed $500,000 (currently $300,000). Subtitle C: Matters Relating to Terrorism - Authorizes the Chairman of the Joint Chiefs of Staff (currently, only the Secretaries of Defense and the military departments) to purchase right-hand drive motor vehicles for use in a foreign country. Authorizes each such official to purchase nontactical armored passenger vehicles under emergency situations for combating terrorism and for military force protection support. (Sec. 932) Authorizes the Secretary to make DOD personnel available to operate equipment with respect to a foreign or domestic counterterrorism operation or a rendition of a suspected terrorist from a foreign country to the United States for trial. Subtitle D: Matters Relating to Counter Drug Operations - Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 2004 DOD's authority to provide support to other Federal agencies and law enforcement officials for counter-drug activities. Authorizes the Secretary to conduct domestic outreach programs to reduce the demand for illegal drugs among youths. (Sec. 942) Amends the National Defense Authorization Act for Fiscal Year 1997 to: (1) authorize DOD to provide counter-drug support for specified Caribbean countries; (2) extend through FY 2004 the authority to provide such support; and (3) increase the amount authorized for such purpose. Subtitle E: Other Matters - Redefines "financial institution" for purposes of Federal Government reimbursement of charges incurred by military personnel or Federal employees because of Government error in the direct deposit of pay. (Sec. 952) Amends the Supplemental Appropriations Act, 1987 to authorize drug test results of civil service mariners of the Military Sealift Command to be released to the Coast Guard to the same extent that similar submissions are required from commercial vessel operators. (Sec. 953) Provides for the disposition of amounts collected through military claims services from third parties for loss or damage to personal property shipped or stored at Government expense. (Sec. 954) Allows polychlorinated biphenyls located outside of U.S. customs territory but in U.S. possession and control to be imported for disposal within U.S. customs territory. (Sec. 955) Authorizes the Secretary of the Army to lease up to 500 units in Italy and 800 units in Korea, subject to the maximum lease amount, for military family housing purposes. (Sec. 956) Authorizes the Secretary to conduct a pilot program under which the Secretary's agent would be exempt from providing a copy of notice or service as currently required when providing notice and taking action to enforce obligations for child support and alimony payments among military personnel under provisions of the Social Security Act. Requires a report describing the program from the Secretary to the Speaker of the House and the President of the Senate. Terminates the program at the end of FY 2000. (Sec. 957) Authorizes the Secretary of the Navy to enter into the long-term charter of three specified vessels in support of Navy submarine rescue, escort, and towing.
Resolution· SCONRESS.Con.Res. 86 (105th)passed
United States · United States Congress · 20 March 1998
TABLE OF CONTENTS: Title I: Levels and Amounts Title II: Budgetary Restraints and Rulemaking Title III: Sense of Congress and the Senate Sets forth the congressional budget for the Government for FY 1999, including the appropriate budgetary levels for FY 2000 through 2003, and revised budgetary levels for FY 1998. Title I: Levels and Amounts - Lists recommended budgetary levels and amounts, for FY 1998 through 2003, with respect to: (1) Federal revenues; (2) new budget authority; (3) budget outlays; (4) deficits; and (5) public debt. (Sec. 102) Sets forth for such fiscal years specified amounts of revenues and outlays of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund. (Sec. 103) Lists the appropriate levels of new budget authority and budget outlays for specified major functional categories for FY 1998 through 2003. Title II: Budgetary Restraints and Rulemaking - Authorizes the Senate to reduce revenue and spending aggregates and allocations only for legislation that reduces revenues by providing family tax relief and incentives to stimulate savings, investment, job creation, and economic growth, if such legislation will not increase the deficit or reduce the surplus for: (1) FY 1999; (2) the period of FY 1999 through 2003; or (3) the period of FY 2004 through 2008. (Sec. 202) Authorizes the Senate to increase revenue aggregates for legislation which reserves the Federal share of receipts from tobacco legislation only for the Medicare Hospital Insurance Trust Fund. (Sec. 203) Permits the Senate to increase revenue and spending aggregates and allocations only for legislation that reauthorizes and reforms the Superfund program to facilitate the cleanup of hazardous waste sites if such legislation will not increase the deficit or reduce the surplus for: (1) FY 1999; (2) the period of FY 1999 through 2003; or (3) the period of FY 2004 through 2008. Authorizes increased aggregates, allocations, and outlays in the case of a reported Senate bill to reform the Superfund program that does not exceed specified limits on budget authority and outlays for FY 1999 and the period of FY 1999 through 2003. (Sec. 204) Permits the Senate Budget Committee Chairman to reserve estimated reductions in new budget authority and outlays resulting from changes in legislation affecting specified programs, if contained in the Department of Transportation and Related Agencies Appropriations Act, for purposes of offsetting limited additional outlays for discretionary highway programs and additional budget authority for discretionary transit programs as called for in the Intermodal Surface Transportation Efficiency Act of 1998. Describes programs subject to reductions in mandatory spending. (Sec. 205) Authorizes the Chairman of the Budget Committee, if the Line Item Veto Act is ruled unconstitutional, to make adjustments to the allocations and aggregates in this resolution to reflect the President's cancellations becoming null and void. Title III: Sense of Congress and the Senate - Expresses the sense of the Senate with respect to: (1) the sunset of the Internal Revenue Code of 1986 after 2001; (2) social security reform and the use of proceeds from the tobacco settlement for saving Medicare; (3) the statement of accrued liability of social security and Medicare; (4) full funding for the Individuals with Disabilities Act; (5) balancing the budget without counting social security trust fund surpluses and ensuring future availability of social security; (6) the School-to-Work program; (7) taxpayer rights; (8) full funding of the National Guard; (9) blending of local and national Medicare payment rates; (10) long-term care; (11) funding for reducing or mitigating carbon dioxide and greenhouse gas emissions; (12) increased funding for the Child Care and Development Block Grant; (13) the scheduled formula change for the Federal Family Education Loan program; (14) tax treatment of health insurance premiums for the self-employed; (15) objection to Kyoto Protocol implementation prior to Senate ratification; and (16) price increases on cigarette packs.
Bill· HRH.R. 3514 (105th)referred
United States · United States Congress · 19 March 1998
TABLE OF CONTENTS: Title I: Continuing the Commitment of the Violence Against Women Act Subtitle A: Law Enforcement and Prosecution Grants to Combat Violence Against Women Subtitle B: National Domestic Violence Hotline Subtitle C: Battered Women's Shelters and Services Subtitle D: Community Initiatives Subtitle E: Education and Training for Judges and Court Personnel Subtitle F: Grants to Encourage Arrest Policies Subtitle G: Rural Domestic Violence and Child Abuse Enforcement Subtitle H: National Stalker and Domestic Violence Reduction Subtitle I: Federal Victims' Counselors Subtitle J: Education and Prevention Grants to Reduce Sexual Abuse of Runaway, Homeless, and Street Youth Subtitle K: Victims of Child Abuse Programs Title II: Limiting the Effects of Violence of Children Subtitle A: Safe Havens for Children Subtitle B: Violence Against Women Prevention Among Youth in Schools Subtitle C: Family Safety Subtitle D: Domestic Violence and Children Subtitle E: Child Welfare Worker Training on Domestic Violence and Sexual Assault Subtitle F: Child Abuse Accountability Title III: Sexual Assault Prevention Subtitle A: Rape Prevention Education Subtitle B: Standards, Practice and Training for Sexual Assault Examinations Subtitle C: Prevention of Custodial Sexual Assault by Correction Staff Subtitle D: Hate Crimes Prevention Title IV: Domestic Violence Prevention Subtitle A: Domestic Violence Victims' Housing Subtitle B: Full Faith and Credit for Protection Orders Subtitle C: Victims of Abuse Insurance Protection Subtitle D: National Summit on Sports and Violence Subtitle E: Keeping Firearms From Intoxicated Persons Subtitle F: Access to Safety and Advocacy Subtitle G: Federal Witness Protection for Victims of Domestic Violence Title V: Violence Against Women in the Military System Subtitle A: Civil Jurisdiction for Crimes of Sexual Assault and Domestic Violence Subtitle B: Transitional Compensation and Health Care for Abused Dependents of Members of the Armed Forces Title VI: Preventing Violence Against Women in Traditionally Underserved Communities Subtitle A: Older Women's Protection From Violence Subtitle B: Protection Against Violence and Abuse for Women with Disabilities Subtitle C: Battered Immigrant Women Subtitle D: Conforming Amendments to the Violence Against Women Act Title VII: Violence Against Women and the Workplace Subtitle A: National Clearinghouse on Domestic Violence and Sexual Assault and the Workplace Grant Subtitle B: Victims' Employment Rights Subtitle C: Workplace Violence Against Women Prevention Tax Credit Subtitle D: Battered Women's Employment Protection Subtitle E: Education and Training Grants to Promote Responses to Violence Against Women Subtitle F: Workers' Compensation Title VIII: Educational Institutions and Violence Against Women Subtitle A: Grants to Reduce Violent Crimes Against Women on Campus Subtitle B: Student Safety Subtitle C: Violence against Women Training for Health Professions Subtitle D: Campus Hate Crimes Right to Know Title IX: Violence Against Women Intervention, Prevention, and Education Research Violence Against Women Act of 1998 - Title I: Continuing the Commitment of the Violence Against Women Act - Subtitle A: Law Enforcement and Prosecution Grants to Combat Violence Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (the Act) to authorize appropriations for grants to combat violent crimes against women. (Sec. 102) Revises grant allocation guidelines governing prosecution grants, victims' services and State court systems. Expands grant purposes to include training that addresses sexual assault, domestic violence, and stalking for State, local, and tribal judicial personnel. Directs the Attorney General to deny State grant applications that fail to provide documentation of collaborative efforts with other agencies or organizations. Redefines "victims' services" to include advocacy and assistance for victims seeking legal, social, and health care services. (Sec. 103) Directs the Attorney General to make grants to State domestic violence and sexual assault coalitions for purposes of coordinating with: (1) victim services activities; and (2) Federal, State, and local entities engaged in violence-against-women activities. Subtitle B: National Domestic Violence Hotline - Amends the Family Violence Prevention and Services Act (FVPSA) to authorize increased appropriations for the national domestic violence hotline grant. Requires grantees to submit a grant evaluation report to the Secretary of Health and Human Services (the HHS Secretary) for publication and public comment as a prerequisite to a grant award or renewal. Subtitle C: Battered Women's Shelters and Services - Battered Women's Shelters and Services Act - Amends the FVPSA to authorize appropriations for State grants. Modifies guidelines governing: (1) allotment of appropriations; (2) grants for information and technical assistance centers; and (3) authorization of appropriations. (Sec. 123) Instructs the HHS Secretary to award grants for: (1) State domestic violence coalitions and local domestic violence programs providing shelter or related assistance, in order to develop model strategies to address domestic violence in underserved populations; (2) each State domestic violence coalition for an emergency assistance fund for domestic violence victims; and (3) technical assistance and training for State and local domestic violence programs. Subtitle D: Community Initiatives - Authorizes appropriations for demonstration grants for community initiatives. Subtitle E: Education and Training for Judges and Court Personnel - Amends the Equal Justice for Women in the Courts Act of 1994 to permit training grants for judges and court personnel to include: (1) child custody, visitation, and safety issues raised by domestic violence and child sexual assault; and (2) the extent to which addressing domestic violence and victim safety contributes to the efficient administration of justice. Authorizes appropriations. Subtitle F: Grants to Encourage Arrest Policies - Amends the Act to reauthorize appropriations to implement the functions of the Bureau of Justice Statistics. (Sec. 153) Mandates that at least five percent of appropriated funds be used for grants to Indian tribal governments to treat domestic violence as a serious violation of criminal law. Subtitle G: Rural Domestic Violence and Child Abuse Enforcement - Amends the Safe Homes for Women Act of 1994 to authorize appropriations for rural domestic violence and child abuse enforcement. Mandates that five percent of such funds be used for grants to Indian tribal governments. Subtitle H: National Stalker and Domestic Violence Reduction - Amends the Safe Homes for Women Act of 1994 to authorize appropriations for grants to enter stalking and domestic violence data into crime information databases. Subtitle I: Federal Victims' Counselors - Amends the Safe Streets for Women Act of 1994 to authorize appropriations for the United States Attorneys to appoint Victim-Witness counselors for the prosecution of domestic violence and sexual assault crimes. Subtitle J: Education and Prevention Grants to Reduce Sexual Abuse of Runaway, Homeless, and Street Youth - Amends the Runaway and Homeless Youth Act to authorize appropriations for street-based outreach and education to prevent sexual abuse and exploitation. Subtitle K: Victims of Child Abuse Programs - Amends the Victims of Child Abuse Act of 1990 to authorize appropriations for: (1) the court-appointed special advocate program; and (2) child abuse training programs for judicial personnel and practitioners. (Sec. 191-3) Amends the Act to authorize appropriations for grants for closed-circuit televising of testimony of child abuse victims. Title II: Limiting the Effects of Violence on Children - Subtitle A: Safe Havens for Children - Authorizes the Attorney General to award grants to public or private nonprofit nongovernmental entities to establish and operate supervised visitation centers. Authorizes appropriations. Subtitle B: Violence Against Women Prevention Among Youth in Schools - Authorizes appropriations for the Secretary of Education to implement a program in primary, middle, and secondary schools to educate young people about violence against women. Subtitle C: Family Safety - Family Safety Act - Amends the Parental Kidnapping Prevention Act of 1980 to include among its purposes: (1) the promotion of cooperation between State and tribal courts to protect parents and children from domestic violence or sexual assault; (2) the promotion of realistic and protective standards for interstate relocation when parents dispute custody; (3) the avoidance of jurisdictional conflicts between State courts in matters of child custody and visitation consistent with not endangering or inappropriately punishing parents who are victims of domestic violence, or children who are victims of sexual assault. (Sec. 233) Amends Federal criminal law to provide as a defense to prosecution of either a criminal custodial interference or parental abduction charge, or criminal contempt of court relating to an underlying child custody or visitation determination, that the defendant was fleeing an incident or pattern of domestic violence or sexual assault of the child, or would otherwise have a defense under the International Parental Kidnapping Prevention Act. Directs the Attorney General to issue guidelines to assist U.S. Attorneys and the Federal Bureau of Investigation to determine whether to initiate or terminate an action due to the potential availability of such defense. (Sec. 234) Amends the Judicial Code to declare that the intent of full faith and credit doctrine in child custody determinations is to preempt inconsistent State law. Declares that a protection order regarding custody and visitation of a minor child that is consistent with this Act shall be given full faith and credit by the courts of any State where the party who sought the order seeks enforcement. Modifies State court jurisdiction guidelines governing: (1) relocation of the child due to domestic violence or sexual assault; and (2) court authority to decline to exercise jurisdiction on behalf of parents engaged in specified conduct. Subtitle D: Domestic Violence and Children - Expresses the sense of the Congress that for purposes of determining child custody: (1) it is in the best interest of children to have a presumption that their main physical residence should be with their primary caretaker parent unless such parent is unfit; (2) child abuse and sexual abuse allegations should be fully investigated regardless of when raised, or whether the child has withdrawn the allegation; (3) States should not order specified measures if they may endanger either parent or child; and (4) States should provide training to all relevant professionals on how domestic violence and sexual assault affects determinations of custody, child support, and visitation. Subtitle E: Child Welfare Worker Training on Domestic Violence and Sexual Assault - Directs the Attorney General to make grants jointly with the HHS Secretary to enable child welfare service agencies to train their staffs and modify their policies, procedures, programs, and practices in order to make them consistent with specified principles and goals. Sets forth grantee eligibility criteria. Authorizes appropriations. Subtitle F: Child Abuse Accountability - Child Abuse Accountability Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code of 1986 to permit the assignment or alienation of any pension benefit payable to a participant pursuant to a qualified child abuse order. Exempts qualified child abuse orders from preemption by ERISA. Title III: Sexual Assault Prevention - Subtitle A: Rape Prevention Education - Amends the Public Health Service Act to require the use of certain State funds for rape prevention and education programs conducted by rape crisis centers and nonprofit State sexual assault coalitions for specified programs. (Sec. 301) Instructs the HHS Secretary to establish a National Resource Center on Sexual Assault to provide resource information, policy, training, and technical assistance to Federal, State, and Indian tribal agencies, State and local sexual assault coalitions and programs, and to other interested parties. Mandates that State grantors ensure that at least 25 percent of the funds are devoted to educational programs targeted for middle school, junior high, and high school aged students. Authorizes appropriations. Subtitle B: Standards, Practice, and Training for Sexual Assault Examinations - Standards, Practice, and Training for Sexual Assault Examinations Act - Directs the Attorney General to: (1) evaluate standards of training and practice for licensed health care professionals performing sexual assault forensic examinations, and develop a national recommended training standard; (2) recommend sexual assault examination training for health care students to improve recognition of injuries suggestive of rape and sexual assault; and (3) establish a mechanism for nationwide dissemination of a national protocol on sexual assault for forensic examinations. Authorizes appropriations. Subtitle C: Prevention of Custodial Sexual Assault by Correctional Staff - Prevention of Custodial Sexual Assault by Correctional Staff Act - Directs the Attorney General to establish and disseminate to the States certain guidelines regarding the prevention of custodial sexual misconduct by correctional staff. Requires withholding of specified correctional facilities funds from any State that fails to implement: (1) such guidelines; or (2) criminal penalties explicitly prohibiting custodial sexual misconduct by correctional staff against prisoners. (Sec. 335) Directs the Attorney General to create a national, confidential, toll-free telephone hotline to collect data, and to provide information and assistance to prisoners who have experienced custodial sexual misconduct by corrections staff. Authorizes appropriations. Subtitle D: Hate Crimes Prevention - Hate Crimes Prevention Act of 1998 - Amends Federal criminal law to establish criminal penalties for willfully causing bodily injury because of a person's race, color, religion, or national origin. (Sec. 345) Directs the United States Sentencing Commission to study the issue of adult recruitment of juveniles to commit hate crimes, and, where appropriate, to amend Federal sentencing guidelines to provide sentencing enhancements for adult defendants who do such recruiting. (Sec. 346) Directs the Administrator of the Department of Justice Office of Juvenile Justice and Delinquency Prevention to make grants to State and local programs to combat hate crimes committed by juveniles. (Sec. 347) Authorizes appropriations for the Department of the Treasury and the Department of Justice (including the Community Relations Service), to increase the number of personnel to prevent and respond to such hate crimes. Title IV: Domestic Violence Prevention - Subtitle A: Domestic Violence Victims' Housing - Domestic Violence Victims Housing Act - Authorizes appropriations under the United States Housing Act of 1937 solely for public housing agencies and qualified nonprofit organizations to provide tenant-based rental assistance for families leaving a residence due to domestic violence. Subtitle B: Full Faith and Credit for Protection Orders - Amends Federal criminal law to require the Attorney General to reduce the amount of certain grants to any State that fails to comply with Federal full faith and credit requirements for protection orders. (Sec. 412) Authorizes the Attorney General to provide grants to assist governmental entities to develop and strengthen law enforcement and recordkeeping strategies to enforce protective orders issued by other governmental entities. Authorizes appropriations. Subtitle C: Victims of Abuse Insurance Protection - Victims of Abuse Insurance Protection Act - Prohibits an insurer from denying or restricting insurance coverage on the basis that the applicant or insured (or any employee or associated person) is, has been, or may be the subject of abuse or has incurred or may incur abuse-related claims. Confers enforcement jurisdiction upon the Federal Trade Commission. Authorizes a private cause of action by an applicant or insured adversely affected by a violation of this Act. Subtitle D: National Summit on Sports and Violence - Expresses the sense of the Congress that: (1) a national summit should be promptly convened to develop a multifaceted action plan to deter acts of violence, especially domestic violence and sexual assault; (2) the members of such summit should include sports, community, political, and media leaders, as well as Members of Congress and other governmental and community leaders with relevant expertise; and (3) summit members should assume leadership roles deterring acts of domestic violence and sexual assault. Subtitle E: Keeping Firearms from Intoxicated Persons - Amends Federal criminal law to declare unlawful the transfer of a firearm or ammunition to any person reasonably believed to be intoxicated. Subtitle F: Access to Safety and Advocacy - Access to Safety and Advocacy Act - Authorizes the Attorney General to make grants to designated grantees and services to improve legal assistance to victims of domestic violence through access to the justice system, legal advocacy, and representation. Authorizes appropriations. Subtitle G: Federal Witness Protection for Victims of Domestic Violence - Amends Federal criminal law to include victims of domestic violence within the Federal Witness Protection Program. Title V: Violence Against Women in the Military System - Subtitle A: Civilian Jurisdiction for Crimes of Sexual Assault and Domestic Violence - Amends Federal criminal law to declare that domestic violence and sexual assault offenses committed by persons formerly serving with, or presently employed by or accompanying the armed forces outside of the United States shall be subject to prosecution in the Federal District Court of the jurisdiction of origin of the person arrested. Provides for concurrent jurisdiction with other military tribunals and foreign governments. (Sec. 502) Amends Federal law governing separation from the armed forces to mandate that: (1) a copy of records of any penal action taken against the departing member of the armed forces be transmitted to the Director of the Federal Bureau of Investigation (FBI); and (2) any member convicted by court-martial of an offense of a sexual nature provide whatever specimen is necessary to conduct DNA analysis for inclusion in the Combined DNA Identification System of the FBI. Subtitle B: Transitional Compensation and Health Care for Abused Dependents of Members of the Armed Forces - Revises Federal guidelines governing transitional compensation and health care for abused dependents of former members of the armed forces. Mandates that an abused dependent of a former member be furnished with medical, dental, and mental health care in uniformed services' facilities with the same eligibility and benefits as were applicable during the former member's active service. Title VI: Preventing Violence Against Women in Traditionally Underserved Communities - Subtitle A: Older Women's Protection From Violence - Older Women's Protection From Violence Act - Chapter 1: Violence Against Women Act of 1994 - Amends the Violence Against Women Act of 1994 to direct the Attorney General to: (1) make grants to law school clinical programs to fund the inclusion of cases addressing issues of elder abuse, neglect, and exploitation, including domestic violence, and sexual assault against older individuals; and (2) develop curricula and provide for training programs in those issues for law enforcement officers and prosecutors. Authorizes appropriations. Chapter 2: Family Violence Prevention and Services Act - Amends the Family Violence Prevention and Services Act to require federally-funded State domestic violence coalitions to include within their scope of activities programs targeted to older individuals, including outreach, support groups, and counseling. (Sec. 604-3) Authorizes entities eligible for a community initiatives demonstration grant to include representatives of adult protective services entities. Chapter 3: Older Americans Act of 1965 - Amends the Older Americans Act of 1965 to direct the Assistant Secretary of Health and Human Services for Aging to consider the importance of research about the sexual assault of older women when establishing research priorities for grants or contracts for research and demonstration projects on elder abuse. (Sec. 605-3) Authorizes appropriations without fiscal year limitation for grants to implement a State long-term care ombudsman program. (Sec. 605-4) Directs such Assistant Secretary to develop curricula and implement continuing education training programs to improve the ability of health care and social services providers to recognize and address instances of elder abuse. (Sec.605-5) Directs the Assistant Secretary, when making grants and contracts, to give special consideration to projects designed to: (1) expand access to domestic violence shelters and programs for older individuals and encourage the use of certain facilities as emergency short-term shelters; and (2) promote research on legal, organizational, or training impediments to providing services to older individuals through shelters and programs. (Sec. 605-6) Authorizes appropriations for the ombudsman and the elder abuse prevention program. (Sec. 605-7) Directs the HHS Secretary to make grants to: (1) nonprofit private organizations to support projects in local communities to coordinate activities for intervention in and prevention of elder abuse, including domestic violence and sexual assault; and (2) develop outreach programs for assisting victims of elder abuse, including some for assisting individuals in certain senior housing facilities. Authorizes appropriations. Chapter 4: Public Health Service Act - Elder Abuse Identification and Referral Act of 1998 - Amends the Public Health Service Act to instruct the HHS Secretary, when awarding grants or contracts, to give preferences to health professions schools or programs that condition the awarding of their degrees or certificates upon significant student training in specified areas of elder abuse identification and treatment. Subtitle B: Protection Against Violence and Abuse for Women with Disabilities - Protections Against Violence and Abuse for Women with Disabilities Act - Makes the protection of women with disabilities eligible for grants and research under the following Acts: (1) the Omnibus Crime Control and Safe Streets Act of 1968; (2) Public Health and Human Services Act; (3) Family Violence Prevention and Services Act; (4) Safe Homes for Women Act of 1994; and Equal Justice for Women in the Courts Act of 1994. (Sec. 617) Authorizes the HHS Secretary to: (1) develop curricula and implement training programs to improve the ability of social service and health providers to recognize and address domestic violence directed against women with disabilities; and (2) make grants and enter into contracts for such training programs for health professionals. Authorizes appropriations. (Sec. 619) Directs the HHS Secretary to consider the importance of research about the sexual assault of, and violence against, women with disabilities in establishing certain research priorities. (Sec. 619-1) Authorizes the Attorney General to establish a grants program for States and nongovernmental private entities to provide education and technical assistance for information dissemination on abuse and violence against women with disabilities. Authorizes appropriations. Subtitle C: Battered Immigrant Women - Battered Immigrant Women's Protection Act - Expresses the sense of the Congress that it is contrary to the law enforcement purposes of the Violence Against Women Act for State law enforcement officers, prosecutors, or judges to: (1) inquire into the immigration status of a domestic violence victim who is seeking protection from crimes of domestic violence, battering, or extreme cruelty to herself or her children; and (2) report such victims to the Immigration and Naturalization Service. (Sec. 623) Amends the Immigration and Nationality Act to revise guidelines governing a battered spouse or child with respect to: (1) cancellation of removal and adjustment of status; (2) ineligibility for visas or admission; (3) procedures for granting immigrant status; (4) general classes of deportable aliens; (5) status adjustment of nonimmigrant to that of person admitted for permanent residence; (6) removal proceedings; and (7) married persons and employees for certain nonprofit organizations. (Sec. 630) Authorizes the Attorney General to grant certain battered applicants documentation signifying authorization of employment during the pendency of their application. (Sec. 631) Amends the Privacy Act of 1974 to permit Federal agency disclosure of records to the spouse or child of a naturalized citizen or lawful permanent resident who requests information from the Immigration and Naturalization Service regarding the immigration status of their spouse or parent, or who needs to obtain documentation for an immigration case or domestic violence-related judicial procedure. Excludes from such disclosure the records of victims of battering or extreme cruelty by a spouse or parent. (Sec. 632) Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to redefine "qualified alien" to include certain battered aliens for purposes of welfare and public benefits eligibility. Amends the Housing and Community Development Act of 1980, the Social Security Act, and the United States Housing Act of 1937, to declare restrictions on the use of assisted housing inapplicable to certain battered aliens. (Sec. 633) Amends the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1998 to provide that requirements and restrictions placed upon Legal Services Corporation funding shall not be construed to prohibit a recipient from providing related legal assistance to certain aliens who have been battered or subjected to extreme cruelty. (Sec. 634) Amends the Act to require each branch of the U.S. military to train its supervisory military officers in domestic violence dynamics in military families, and the protections available for battered immigrant women and children. Expands the purposes of training grants to combat violent crimes against women to include: (1) training immigration and asylum officers and judges; and (2) training justice system personnel on the judicial ramifications of the Violence Against Women Act, and the potential immigration consequences for perpetrators of domestic violence. (Sec. 635) Amends the Immigration and Nationality Act to express the intent of the Congress that statutory constraints upon the powers of immigration personnel not be construed as discouraging crime and domestic violence victims from reporting crimes to the police, from cooperating in criminal prosecutions, or from obtaining the legal relief needed for protection from ongoing violence. Subtitle D: Conforming Amendments to the Violence Against Women Act - Amends the Act to make technical and conforming amendments with respect to law enforcement and prosecution grants. Title VII: Violence Against Women and the Workplace - Subtitle A: National Clearinghouse on Domestic Violence and Sexual Assault and the Workplace Grant - Authorizes the Attorney General to award a grant to a private non-profit entity, including one operating within the boundaries of an Indian reservation, to provide for establishment of a national clearinghouse and resource center to disseminate information and assistance to employers and labor organizations responding to victims of domestic violence and sexual assault. Authorizes appropriations. Subtitle B: Victims' Employment Rights - Victims' Employment Rights Act - Prohibits an employer from taking any adverse job action against an employee based upon such employee's status, experience, or condition as a victim of crime, even if the crime alleged does not result in criminal prosecution or conviction. Prohibits any adverse job action for an employee's participation in related judicial proceedings requiring absence from work. Prescribes enforcement guidelines, including civil action by an affected employee for actual and treble punitive damages. Subtitle C: Workplace Violence Against Women Prevention Tax Credit - Workplace Violence Against Women Prevention Tax Credit Act - Amends the Internal Revenue Code to allow an employer a workplace safety program tax credit for 40 percent of the costs of implementing workplace safety and education programs to combat violence against women. Subtitle D: Battered Women's Employment Protection - Battered Women's Employment Protection Act - Amends the Internal Revenue Code of 1986 to provide for unemployment compensation for separation from employment as a direct result of an employee's experience of domestic violence. (Sec. 743) Amends the Social Security Act to provide for the training of claims reviewers and hearing personnel in the nature and dynamics of domestic violence, and in methods of ascertaining and keeping confidential information about domestic violence experiences so that employment separations stemming from such violence are identified and adjudicated while full confidentiality is provided for the employee's claim and submitted evidence. (Sec. 744) Amends the Family and Medical Leave Act of 1993 and the provisions concerning Federal employees to establish an entitlement for leave resulting from certain domestic violence situations. Prescribes confidentiality guidelines for an employee's situation of domestic violence. Requires that employees, under State law, be permitted to use existing leave for domestic violence situations. Empowers the Secretary of Labor to enforce the entitlement for leave due to an employee's domestic violence situation. Subtitle E: Education and Training Grants to Promote Responses to Violence Against Women - Authorizes the Attorney General to award grants to public and private nonprofit, nongovernmental organizations for the education and training of individuals who, as a result of their employment responsibilities, are likely to come into contact with victims of domestic violence or sexual assault. Authorizes appropriations. Subtitle F: Workers' Compensation - Expresses the sense of the Congress that State workers' compensation laws should: (1) provide benefits to eligible female victims of workplace violence, including full compensation for physical and nonphysical injuries; and (2) permit the employee to pursue an action at law (other than statutory workers' compensation benefits) against an employer's role in the act of workplace violence. Title VIII: Educational Institutions and Violence Against Women - Subtitle A: Grants to Reduce Violent Crimes Against Women on Campus - Amends the Act to authorize Department of Education grants to institutions of higher education for campus personnel and student organizations, and nonprofit, nongovernmental victim services programs to provide personnel, training, technical assistance, data collection, and other equipment for the more widespread apprehension, investigation, and adjudication of persons committing violent crimes against women on campus. (Sec. 801) Authorizes the Secretary of Education to request any Federal agency to use its authorities and resources in support of campus security, investigation, and victim services efforts. (Sec. 802) Directs the Secretary to provide for, and report to the Congress on, a national baseline study of university campus procedures when receiving a sexual assault report. Subtitle B: Student Safety - Student Safety Act - Amends the Higher Education Act of 1965 to: (1) revise guidelines governing crime logs and annual statistics of criminal offenses on campus; (2) exclude from educational records open to parental review specified records of campus disciplinary proceedings or criminal activity; and (3) modify eligibility criteria for Federal student financial aid services to require institution certification of comprehensive and accurate crime statistics. (Sec. 815) Requires the Attorney General and the Secretary of Education to publish annually and transmit to certain congressional committees and the general public a report identifying model programs for improving campus safety. Subtitle C: Violence Against Women Training for Health Professions - Violence Against Women Training for Health Professions Act - Amends the Public Health Service Act to direct the HHS Secretary, when making health care grants for rural areas, to give preference to a health professions entity that requires, as a condition of receiving a degree or certificate, each student to have had significant training in identification, examination, treatment, and referral of victims of domestic violence and sexual assault. Subtitle D: Campus Hate Crimes Right to Know - Campus Hate Crimes Right To Know Act - Amends the Higher Education Act of 1965 to mandate the separate collection and categorization of on-campus criminal offenses statistics that manifest prejudice based on race, gender, religion, sexual orientation, ethnicity, or disability. Title IX: Violence Against Women Intervention, Prevention, and Education Research - Amends the Violence Against Women Act of 1994 to direct the HHS Secretary and the Attorney General to establish a multi-agency task force coordinating research on violence against women. Authorizes appropriations. (Sec. 901) Directs the Department of Health and Human Services to make grants to entities to: (1) support research to further the understanding of the causes of violent behavior against women; and (2) evaluate education, prevention, and intervention programs. Authorizes appropriations. Directs the Departments of Health and Human Services and of Justice to make grants to domestic violence and sexual assault organizations, research organizations and academic institutions to expand knowledge about violence against women, with a particular emphasis on exploring such issues as they affect underserved communities. Authorizes appropriations. Directs the United States Sentencing Commission to study and report to the Congress on specified aspects of domestic violence. Directs the Secretary to award grants to designated entities to gather data on the experiences of women and girls who become pregnant as a result of sexual assault within State health care, judicial, and social services systems. Authorizes appropriations. Instructs the Attorney General to conduct a national study and report to the Congress on laws regarding rape and sexual assault offenses and their effectiveness in addressing those crimes and protecting the victims. Authorizes appropriations. Directs the Secretary and the Attorney General to establish three research centers to: (1) support the development of research and training programs that focus on violence against women; (2) provide collaboration mechanisms between researchers and practitioners; and (3) provide technical assistance for integrating research into service provision. Authorizes appropriations.
Bill· HRH.R. 3526 (105th)referred
United States · United States Congress · 19 March 1998
TABLE OF CONTENTS: Title I: Reduction of Special Interest Influence Title II: Independent and Coordinated Expenditures Title III: Disclosure Title IV: Personal Wealth Option Title V: Miscellaneous Title VI: Severability; Constitutionality; Effective Date; Regulations Bipartisan Campaign Reform Act of 1998 - Title I: Reduction of Special Interest Influence - Amends the Federal Election Campaign Act of 1971 (FECA) with respect to "soft money" to: (1) prohibit a national committee of a political party, including a national congressional campaign committee of political party, and any officers or agents of such party committees, and specified related entities, from soliciting, receiving, or directing to another person a contribution, donation, or transfer of funds, or spend any funds not subject to the limitations, prohibitions, and reporting requirements of FECA; (2) require State, district, or local committees of political parties (including specified related entities) to make expenditures and disbursements for Federal election activities (with exceptions) from funds subject to the limitations, prohibitions, and reporting requirements of FECA; (3) require national, State, district, or local committees and specified related entities to make amounts spent for fundraising costs of Federal election activities from funds subject to the limitations, prohibitions, and reporting requirements of FECA; (4) prohibit national, State, district, or local committees (including national congressional campaign committees and specified related entities) from soliciting funds for, or making or directing donations to, tax-exempt organizations or organizations that have submitted applications for tax-exemption status; and (5) prohibit candidates, incumbents, or their agents from soliciting, receiving, directing, transferring, or spending funds for Federal election activities on behalf of such candidates, incumbents, agents or any other persons (with exceptions), unless the funds are subject to the limitations, prohibitions, and reporting requirements of FECA. (Sec. 102) Prohibits any person from making contributions to a State committee in any year that exceed, in the aggregate, $10,000. Increases the aggregate individual contribution limit from $25,000 to $30,000. (Sec. 103) Requires: (1) national committees, national congressional campaign committees, and subordinate committees of either, to report all receipts and disbursements during the reporting period; (2) State, district, and local committees to report all receipts and disbursements made for specified Federal election activities; and (3) political committees having receipts or disbursements from persons in excess of $200 for any year, to separately itemize their reporting for such persons. Title II: Independent and Coordinated Expenditures - Redefines the term "independent expenditure" to mean an expenditure by a person for: (1) a communication that is express advocacy; and (2) that is not provided in coordination with a candidate or a candidate's agent, or a person who is coordinating with a candidate or a candidate's agent. Defines the term "express advocacy." Redefines the term "expenditure" to include: (1) a payment for a communication that is express advocacy; and (2) a payment made by a person for a communication that refers to a clearly identified candidate, is provided in coordination with the candidate, the candidate's agent, or the candidate's political party, and is for the purpose of influencing a Federal election (regardless of whether the communication is express advocacy). (Sec. 202) Prohibits the Commission, if the Commission determines that there is probable cause to believe that a person has made a knowing and willful violation involving the reporting of an independent expenditure, from entering into a conciliation agreement. Permits the Commission, when it makes such a determination, to institute a civil action for relief. (Sec. 203) Sets forth reporting requirements for certain independent expenditures made by persons (including political committees) aggregating: (1) $1,000 or more; and (2) $10,000 or more. Requires additional reports to be filed each time such independent expenditures are made. Requires such reports to: (1) be filed with the Commission; and (2) and contain the information required for a person who receives any disbursement in excess of $200 in connection with an independent expenditure, including the name of each candidate to whom an expenditure is intended to support or oppose. (Sec. 204) Prohibits a committee of a political party, on or after the date on which the political party nominates a candidate, from making both coordinated expenditures and independent expenditures to the candidate during the election cycle. Requires a committee of a political party, before making a coordinated expenditure to a candidate, to file with the Commission a certification that the committee has not and shall not make any independent expenditure to the candidate during the same election cycle. Prohibits a committee of a political party that submits a certification with respect to a candidate from, during an election cycle, transferring any funds to, assigning authority to make coordinated expenditures to, or receiving a transfer of funds from, a political committee of the party that has made or intends to make an independent expenditure to the candidate. (Sec. 205) Redefines the term "contribution" to include anything of value provided by a person in coordination with a candidate for the purpose of influencing a Federal election in which such candidate seeks nomination or election to Federal office, regardless of whether the value being provided is a communication that is express advocacy. Defines the term "provided in coordination with a candidate." Considers a thing of value provided in coordination with a candidate, as a contribution to the candidate, and in the case of a limitation on expenditures, shall be treated as an expenditure by the candidate. Redefines the term "contribution or expenditure" with respect to contributions or expenditures by national banks, corporations, and labor organizations, to include a contribution or expenditure as defined under this Act. Title III: Disclosure - Replaces provisions permitting the filing of reports electronically with provisions requiring the Commission to: (1) promulgate a regulation for the filing of reports using computers and facsimile machines; (2) make electronically filed reports accessible to the public on the Internet within 24 hours after such reports are received by the Commission; and (3) provide methods (other than requiring a signature on the document being filed) for verifying reports covered by the regulation. (Sec. 302) Prohibits the deposit (except in escrow accounts) or negotiation of contributions from a person making aggregate contributions in excess of $200 during a year by a candidate's authorized committee unless the required contributor information is complete. (Sec. 303) Permits the Commission to conduct random audits and investigations to ensure voluntary compliance with FECA. Extends, from six to twelve months, the period during which campaign audits may be begun. (Sec. 304) Revises reporting requirements for the identification of contributors (other than political committees) to: (1) lower the $200 threshold for the reporting of contributor identification to $50; and (2) require that the identification of persons who make contributions of at least $50 but not more than $200 during a year need include only their names and addresses. (Sec. 305) Revises requirements for the use of candidates' names. (Sec. 306) Prohibits a person soliciting contributions by falsely representing himself or herself to be a candidate or a representative of a candidate, a political committee, or a political party. (Sec. 307) Requires filing of a certain statement with the Commission by persons, other than political committees and religious and apostolic organizations, that make aggregate disbursements in excess of $50,000 during a year for specified Federal election activities: (1) on a monthly basis; or (2) within 24 hours, in the case of disbursements made within 20 days of an election. Exempts from such filing requirements: (1) a candidate or a candidate's authorized committees; and (2) independent expenditures. (Sec. 308) Revises provisions concerning the publication and distribution of any print, broadcast, or general political advertising. Title IV: Personal Wealth Option - Directs the Commission to issue a certification that a House of Representatives candidate is an eligible primary or general election candidate if the candidate files with the Commission a declaration that the candidate and the candidate's authorized committees will not (in the case of a primary candidate) or did not (in the case of a general election candidate) exceed a personal funds expenditure limit of $50,000. Directs the Commission, if the limit is exceeded to: (1) revoke the certification; and (2) require the candidate and the candidate's authorized committees to pay a penalty to the Commission. Prohibits coordinated expenditures if a candidate is not an eligible House candidate. Title V: Miscellaneous - Amends the National Labor Relations Act to make it an unfair labor practice for any labor organization, which receives payments from an employee pursuant to an agreement requiring non-member employees to make payments to such organization in lieu of organization dues or fees, not to establish and implement the requirements of a specified objection procedure. (Sec. 502) Amends FECA to revise provisions concerning the permitted and prohibited uses of contributed amounts by candidates and incumbents for certain purposes. (Sec. 503) Revises Federal law concerning permitted time frames for mailing franked mail to prohibit any mass mailing as franked mail during any year in which there will be an election for a seat held by a Member during the period between January 1 of the election year and the date of the general election, unless the Member will not be a candidate for reelection. (Sec. 504) Amends Federal criminal law to revise the prohibition on fundraising on Federal property. Prohibits an officer or employee of the Federal Government, including the President, Vice-President, and Members of the Congress, from soliciting a donation of money or other thing of value for a political committee or candidate for Federal, State, or local office, from any person while in any room or building occupied in the discharge of official duties by an officer or employee of the United States. Imposes on violators a monetary penalty, imprisonment, or both. Excepts from the prohibition contributions received by the staff of the Executive Office of the President. (Sec. 505) Amends FECA to double the penalties for knowing and willful violations of FECA, the Presidential Election Campaign Fund Act, and the Presidential Primary Matching Payment Account Act. Permits in the inclusion of conciliation agreements for such violations, equitable remedies or penalties, including disgorgement of funds to the Treasury or community service requirements (including requirements to participate in public education programs). Sets forth requirements for the late filing of FECA reports, including requiring the establishment of mandatory monetary penalties. (Sec. 506) Revises the ban on contributions by foreign nationals by making it unlawful for: (1) foreign nationals to make donations in connection with Federal, State, or local elections to political committees or candidates for Federal office, or contributions or donations to committees of political parties; or (2) persons to solicit, accept, or receive such contributions or donations from foreign nationals. (Sec. 507) Prohibits minors from making contributions to candidates or contributions or donations to committees of political parties. (Sec. 508) Permits the Commission to: (1) order expedited proceedings for certain complaints; and (2) refer, at any time, to the Attorney General a possible violation of FECA, the Presidential Election Campaign Fund Act, or the Presidential Primary Matching Payment Account Act. (Sec. 509) Revises the basis for mandatory Commission initiation of enforcement proceedings upon receipt of a complaint alleging a violation of such Acts. Replaces "has reason to believe" a violation has been or is about to be committed with "has reason to investigate whether" such a violation has been or is about to be committed. Title VI: Severability; Constitutionality; Effective Date; Regulations - Sets forth provisions concerning: (1) severability; (2) review of constitutional issues; (3) effective date; and (4) regulations.
Bill· HRH.R. 3521 (105th)referred
United States · United States Congress · 19 March 1998
Authorizes the Secretary of the Army to convey to the Greeneview Local School District of Jamestown, Ohio, the Army Reserve Center in Jamestown, to be used for the benefit of students of Greeneview schools.
Bill· HRH.R. 3512 (105th)referred
United States · United States Congress · 19 March 1998
Pay for Your Stay Act - Amends the Federal criminal code to direct the Attorney General to establish by rule: (1) the requirement that Federal prisoners work at least 48 hours each week if able to do so and engage in educational study at least 12 hours each week; (2) that no television viewing will be provided to such prisoners, except educational programs; and (3) that a 25 percent assessment will be levied on prisoner wages, with five percent returned to the prosecuting agency, ten percent set aside for victim restitution, and ten percent placed in the fund created by this Act. Establishes in the U.S. Treasury the James Wilson, Jr. Fund. Requires the Attorney General to distribute money in the Fund equally between: (1) State and local programs whose primary purpose is to provide training and purchase equipment designed to protect peace officers; and (2) families of local, State, and Federal peace officers killed in the line of duty. Directs the Attorney General to establish a system whereby inmate labor may be utilized to mediate the damage caused by an impending natural disaster or to remediate the damage done by such a disaster. Requires the Attorney General, in implementing requirements of this Act, to: (1) maximize the employment of inmates regarding the operation and maintenance of Federal corrections institutions, and in certain work-based vocational education and skill training activities, and to augment governmental personnel and community volunteers in preparing for a natural disaster or in conducting remediation activities immediately after such a disaster; and (2) assure that inmate labor does not supplant post-disaster remediation activities that would otherwise be performed under contract by private sector firms employed by an affected individual or governmental entity. Provides that any expansion in the inmate production of products or services to be offered for sale resulting from such implementation: (1) may be sold only through Federal Prison Industries (FPI) to Federal agencies on a competitive basis; and (2) shall be approved for sale by the Board of Directors of FPI after determining that the proposed volume of sales is not expected to have an adverse impact on sales to the Government by a private sector contractor offering the same specific product or service. Amends the Federal judicial code to require a prisoner seeking to bring a civil action or appeal a judgment in a civil action or proceeding without prepayment of fees or security (i.e., proceeding in forma pauperis) to submit a statement of all assets the prisoner possesses.
Bill· SS. 1796 (105th)referred
United States · United States Congress · 18 March 1998
Higher Education for the 21st Century Act - Amends the Higher Education Act of 1965 (HEA) to establish programs for postsecondary education opportunities for Hispanic students and other student populations underrepresented in postsecondary education. Amends HEA to provide for institutional aid to Hispanic-Serving Institutions. Defines Hispanic-serving institution as an eligible institution with an undergraduate full-time equivalent enrollment that is at least 25 percent Hispanic, and that provides assurance that at least 50 percent of its Hispanic students are low-income individuals. Directs the Secretary of Education to provide grants and related assistance to: (1) Hispanic-serving institutions to improve and expand their capacity to serve Hispanic students and other low-income individuals; and (2) Hispanic-serving institutions with graduate and professional programs to improve and expand graduate and professional opportunities for Hispanic students and other students underrepresented in graduate education. Authorizes appropriations. Directs the Secretary to make grants to American Indian tribal colleges and universities for specified authorized uses.
Bill· HRH.R. 3496 (105th)referred
United States · United States Congress · 18 March 1998
Information Technology Partnership Act - Requires the Director of the National Science Foundation (NSF), subject to appropriations, to carry out a demonstration project under which grants are awarded to five eligible local educational agencies (LEAs) for: (1) developing information technology programs that build or expand mathematics, science, and information technology curricula; (2) purchasing equipment necessary to establish such programs; and (3) providing teacher training in such fields. Makes eligible for grants LEAs that: (1) are located in cities that have received an award from the NSF under the Urban Systemic Initiative program; (2) have provided assurances that they have executed conditional agreements with representatives of the private sector to provide services and scholarship funds; and (3) agree to enter into an agreement with the Director to comply with this Act. Sets forth application requirements. Requires the Director to give special priority for grants to LEAs that demonstrate the greatest ability to obtain commitments from the private sector for services and funds. Requires the Director to: (1) assess the effectiveness of activities under this Act; and (2) initiate a longitudinal study of students selected for scholarships and report findings to the Congress. Authorizes appropriations. Limits the maximum grant awarded to an LEA.
Bill· SS. 1768 (105th)open
United States · United States Congress · 17 March 1998
TABLE OF CONTENTS: Title I: Emergency Supplemental Appropriations for Recovery from Natural Disasters, and for Overseas Peacekeeping Efforts, for the Fiscal Year Ending September 30, 1998, and for Other Purposes Chapter 1: Subcommittee on Agriculture, Rural Development, and Related Agencies Chapter 2: Subcommittee on Defense Chapter 3: Subcommittee on Energy and Water Development Chapter 4: Subcommittee on Interior and Related Agencies Chapter 5: Subcommittee on Labor, Health and Human Services, and Education, and Related Agencies Chapter 6: Subcommittee on the Legislative Branch Chapter 7: Subcommittee on Military Construction Chapter 8: Subcommittee on Transportation and Related Agencies Chapter 9: Subcommittee on Treasury and General Government Chapter 10: Subcommittee on VA, HUD, and Independent Agencies Chapter 11: Offsets and Rescissions Title II: General Provisions--This Act 1998 Emergency Supplemental Appropriations Act for Recovery From Natural Disasters, and for Overseas Peacekeeping Efforts - Title I: Emergency Supplemental Appropriations for Recovery from Natural Disasters, and for Overseas Peacekeeping Efforts, for the Fiscal Year Ending September 30, 1998, and for Other Purposes - Chapter 1: Subcommittee on Agriculture, Rural Development, and Related Agencies - Makes emergency supplemental appropriations for FY 1998 for the Department of Agriculture for: (1) departmental administration; (2) the Office of the General Counsel; (3) the Farm Service Agency for the Agricultural Credit Insurance Fund Program Account; (4) the Emergency Conservation Program; (5) the Commodity Credit Corporation Fund for the implementation of a dairy and livestock disaster assistance program; and (6) the Natural Resources Conservation Service for watershed and flood prevention operations. Requires certain funds for employment and training under the Food Stamp Program to remain available until expended. Makes additional funds available for certain salaries and expenses of the Food and Drug Administration. Chapter 2: Subcommittee on Defense - Makes additional funds available to the Department of Defense (DOD) for: (1) military personnel, Army, Navy, Marine Corps, and Air Force and reserve personnel, Navy; (2) operation and maintenance (O&M), Army, Navy, Air Force, Army Reserve, Air Force Reserve, and Army National Guard as well as defense-wide O&M; (3) the Overseas Contingency Operations Transfer Fund; (4) the Navy Working Capital Fund; (5) the Defense-wide Working Capital Fund; and (6) the Defense Health Program. Makes additional funds available for overseas humanitarian, disaster, and civic aid. (Sec. 203) Urges the President to: (1) encourage other nations to contribute to preventing Iraq from using weapons of mass destruction; and (2) seek contributions to help defray the costs being incurred in this operation. Provides for the establishment of a special account in the Treasury to receive such contributions. Directs the Secretary of Defense to report to the Congress on the status of such effort and the results obtained in sharing the burden of common defense. Requires the Director of the Office of Management and Budget to report to the Congress on the establishment of the burden-sharing account. Chapter 3: Subcommittee on Energy and Water Development - Makes additional funds available to the Army Corps of Engineers for construction and O&M related to emergency repairs due to flooding and other natural disasters. Makes additional appropriations for the Department of Energy for atomic energy defense weapons activities and departmental administration to cover increases in the cost of Work for Others. (Sec. 302) Amends the Emergency Drought Relief Act of 1996 to direct the Secretary of the Interior to extend the period for repayment by the city of Corpus Christi, Texas, and the Nueces River Authority relating to the Nueces River reclamation project, Texas, until: (1) August 1, 2029, for repayment of the municipal and industrial water supply benefits of the project; and (2) August 1, 2044, for repayment of the fish, wildlife, and recreation benefits of the project. Requires the Secretary to extend the period for repayment by the Canadian River Municipal Water Authority relating to the Canadian River reclamation project, Texas, until October 1, 2021. (Sec. 303) Bars the Army Corps of Engineers, before final disposition of the civil action, Bonnichsen v. United States, from authorizing any action to stabilize, cover, or permanently alter land within 100 yards of where Kennewick Man remains were found unless the court determines such an action to be reasonable and necessary. Chapter 4: Subcommittee on Interior and Related Agencies - Makes additional funds available to the Department of the Interior for: (1) the U.S. Fish and Wildlife Service and the National Park Service (NPS) for construction expenses related to repair of damage caused by floods and other natural disasters; (2) the U.S. Geological Survey for surveys, investigations, and research related to emergency expenses resulting from floods and other natural disasters; (3) the Minerals Management Service for royalty and offshore minerals management for increased demand and workload requirements stemming from leasing activity in the Gulf of Mexico; (4) the Abandoned Mine Reclamation Fund, to be derived from a transfer of funds; and (5) the Bureau of Indian Affairs (BIA) for operation of Indian programs and the Office of Special Trustee for American Indians for Federal trust programs to support litigation involving individual Indian trust fund accounts. Makes additional funds available to the Forest Service for State and private forestry and the National Forest System for emergency expenses resulting from natural disaster damages. Makes an additional amount available for the Indian Health Service for suicide prevention counseling. (Sec. 404) Petroglyph National Monument Boundary Adjustment Act - Requires the Secretary, acting through the Director of the NPS, and the city of Albuquerque, New Mexico, to enter into negotiations for the management of storm water runoff and drainage within the Petroglyph National Monument. Directs the city of Albuquerque to provide design specifications to the Secretary prior to the initiation of construction within a specified corridor. Amends the Petroglyph National Monument Establishment Act of 1990 to remove a requirement that lands within the Monument boundary owned by the State of New Mexico or a political subdivision be acquired only by donation or exchange. Bars any land owned by New Mexico or a political subdivision from being acquired by purchase before: (1) the land is identified by New Mexico or the political subdivision for disposal; or (2) two years have elapsed after the date on which the Secretary has made a final offer to acquire all remaining private land at fair market value. Adjusts the boundary of the Monument to exclude the Paseo Del Norte corridor in the Piedras Marcadas Unit. Provides that the inclusion of such corridor within the Monument boundary before this Act's enactment shall have no effect on any future ownership, use, or management of the corridor. (Sec. 405) Permits the Chief of the Forest Service to authorize and execute any projects, including timber sales, that were previously scheduled for initiation or completion in FY 1998 or 1999 or that may be scheduled hereafter, notwithstanding any moratorium on construction of roads in roadless areas within the National Forest System. Provides funding to States for any previously scheduled projects. Directs the Chief, during such moratorium, to report to the Appropriations Committees on: (1) whether standards and guidelines in existing land and resource management plans compel or encourage entry into roadless areas within the National Forest System for purposes of constructing roads or undertaking any other ground-disturbing activities; (2) all roads within the System and the uses which they serve; and (3) the economic and social effects of the moratorium. Chapter 5: Subcommittee on Labor, Health and Human Services, and Education, and Related Agencies - Makes additional funds available to the Department of Health and Human Services for the Centers for Disease Control and Prevention for disease control, research, and training and program management of the Health Care Financing Administration. Chapter 6: Subcommittee on the Legislative Branch - Makes additional funds available to the Architect of the Capitol for Capitol buildings, salaries and expenses and Capitol grounds for the Capitol Square Perimeter Security Plan. Chapter 7: Subcommittee on Military Construction - Makes additional funds available to DOD for military construction, Navy and Air Force and family housing, Navy and Marine Corps and Air Force. Chapter 8: Subcommittee on Transportation and Related Agencies - Makes additional funds available to the Department of Transportation (DOT) for: (1) the Office of the Secretary for transportation planning, research, and development; (2) the Federal Aviation Administration (FAA) for operations and facilities and equipment for expenses relating to the year 2000 computer hardware and software problems; (3) Federal aid highways for the emergency relief program; and (4) salaries and expenses for the National Transportation Safety Board for expenses resulting from the crash of TWA Flight 800. Chapter 9: Subcommittee on Treasury and General Government - Makes additional funds available to the Department of the Treasury for year 2000 century date change conversion requirements and to the Financial Management Service for salaries and expenses related to such requirements. Chapter 10: Subcommittee on VA, HUD, and Independent Agencies - Makes additional funds available to the Veterans Benefits Administration for compensation and pensions. Chapter 11: Offsets and Rescissions - Rescinds specified amounts of funds for: (1) the Food Safety and Inspection Service; (2) the Farm Service Agency's Agricultural Credit Insurance Fund Program Account; (3) Rural Housing Service salaries and expenses; (4) the Bureau of Land Management; (5) Oregon and California grant lands; (6) U.S. Fish and Wildlife Service resource management and construction; (7) NPS construction; (8) the Bureau of Mines; (9) BIA construction; (10) DOT payments to air carriers and small community air service; (11) FAA grants-in-aid for airports; (12) Federal Railroad Administration Conrail labor protection; (13) Customs Service salaries and expenses; and (14) Internal Revenue Service information technology investments. Authorizes a limited amount of funds to be obligated in FY 1998 for contracts with Utilization and Quality Control Peer Review Organizations pursuant to the Social Security Act. Title II: General Provisions--This Act - Sets forth limitations on funds made available by this Act. (Sec. 2004) Requires the Federal Communications Commission (FCC) to report to the Congress on: (1) a revised structure consisting of a single entity to administer certain programs regarding universal service for schools and libraries and telecommunications services for rural health care providers; and (2) funding for such programs. Directs the FCC to prioritize assistance for the schools and library program on the basis of need. Imposes a cap on the compensation of individuals employed by the administering entity. Bars the FCC, before June 1, 1998, from: (1) adjusting the contribution factors for telecommunications carriers with respect to programs described by this section; or (2) collecting any contribution due for the third or fourth quarter of calendar year 1998.
Bill· HRH.R. 3474 (105th)referred
United States · United States Congress · 17 March 1998
TABLE OF CONTENTS: Title I: Healthy Kids Trust Fund Subtitle A: General Provisions Subtitle B: Payments Title II: FDA Jurisdiction Over Tobacco Products Title III: Youth Smoking Reduction Targets and Incentives to Reduce Youth Smoking Rates Title IV: Tobacco Transition Assistance for Producers, Communities, and Other Persons Title V: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title VI: Public Health and Other Programs Subtitle A: Research Programs Subtitle B: Education and Prevention Programs Subtitle C: Miscellaneous Programs Title VII: Liability Protection; Consent Decrees; National Protocol Subtitle A: Liability Protection and Attorney Fees Subtitle B: Consent Decrees Subtitle C: National Tobacco Control Protocol Title VIII: Miscellaneous Provisions Title IX: Provisions Relating to Native Americans Title X: Tobacco Asbestos Trust Healthy Kids Act - Title I: Healthy Kids Trust Fund - Subtitle A: General Provisions - (Sec. 101) Establishes the Health Enhancement and Lowered Tobacco Hazards for Young Kids Trust Fund (HEALTHY Kids Trust Fund) (Fund). Appropriates to the Fund the initial payment under section 102 of this Act and 75 percent of annual assessments under section 102, fines or penalties under section 103, and amounts repaid or recovered under title III. Authorizes appropriations to the Fund as repayable advances. Makes specified percentages of Fund amounts available without further appropriation for carrying out provisions of this Act, for the Hospital Insurance Trust Fund, and for reducing the Federal debt subject to limit. Excludes amounts for the Hospital Insurance Trust Fund and the debt from consideration for the Emergency Deficit Control Act of 1985, the Congressional Budget Act of 1974, and House Concurrent Resolution 67 of the 104th Congress. (Sec. 102) Requires each tobacco product manufacturer (including repackers, labelers, and relabelers) to make an initial payment to the Fund based on that manufacturer's stock market capitalization as compared to the average stock market capitalization of all manufacturers. Mandates subsequent annual payments by each manufacturer based on that manufacturer's gross domestic tobacco sales during the year. Provides for floor stock treatment. Makes the initial capitalization-based payment and any penalties under title III not tax deductible. Amends the Federal bankruptcy code regarding the priority of unsecured Federal claims for payments, assessments, or penalties to be paid into the Fund. Prohibits manufacturers from using any liability insurance to make payments into the Fund. Mandates regulations regarding placing a Healthy Kids Stamp on each tobacco product package for which an assessment has been paid. Exempts a manufacturer who has consent decrees with more than 25 States before 1998 from the initial payment and certain portions of annual payments. (Sec. 103) Establishes a tobacco manufacturer licensing program. Requires a manufacturer or importer to be licensed to manufacture, distribute, or import tobacco products and to be eligible for protections under subtitle A of title VII. Mandates, for assessment nonpayment, manufacturer and importer license ineligibility and license revocation or suspension. (Sec. 104) Imposes a minimum monetary penalty for noncompliance with section 102. Subtitle B: Payments - Chapter 1: To States - Requires that funds under section 101 be made available to: (1) reimburse each eligible State for State expenditures under title XIX (Medicaid) of the Social Security Act for the treatment of individuals with tobacco-related conditions or any other State expenses incurred in providing treatment for tobacco-related conditions; and (2) provide funds to local governments. Requires States, in order to receive the funds, to: (1) agree to resolve any State civil action against a tobacco manufacturer, distributor, or retailer; and (2) submit a plan regarding payments to local governments. Prohibits the Secretary from approving a State plan unless the Secretary makes an explicit written finding that local entities will receive an equitable portion. Chapter 2: Federal Health Programs - Establishes the National Institutes of Health Trust Fund for Health Research (Research Fund), transferring to it amounts made available under section 101. Sets forth the portions of Research Fund amounts to be used for specified purposes. Chapter 3: Investments for Children - Requires use of amounts under section 101: (1) working through the Child Care and Development Block Grant Act of 1990, to improve child care, early childhood development, school-aged care, parent education and supportive services, health services, and services for children with disabilities; and (2) for grants to State and local educational agencies to train, recruit, and hire elementary school teachers, thus reducing average class size for certain grades. Requires States to ensure that: (1) teachers are qualified; and (2) when qualifications are temporarily waived, unqualified teachers are not disproportionately employed in high poverty schools. (Sec. 133) Amends Medicaid provisions regarding presumptive eligibility for children to include in the definition of "qualified entity" elementary or secondary schools, child care resource and referral agencies, agencies and contractors under title IV, part A (Temporary Assistance for Needy Families) (TANF) of the Social Security Act, Medicaid agencies, certain public housing agencies and contractors, and agencies authorized to determine child eligibility for health assistance under title XXI (Children's Health Insurance) of the Social Security Act. Modifies requirements regarding certain Medicaid expenditures that are counted against individual State allotments. Makes eligible for Medicaid children lawfully present in the United States who would, but for specified provisions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (relating to a five-year means-tested public benefit waiting period), be eligible under other provisions. Allows a State to include such children in the term "targeted low-income child." Makes the above amendments of this section effective as if they had been included in the Balanced Budget Act of 1997. Authorizes an increase in the Federal medical assistance percentage to reward a State for certain increases in the number of Medicaid-enrolled children. (Sec. 134) Mandates a demonstration project providing for payment under title XVIII (Medicare) of the Social Security Act of routine patient care costs that are provided to an individual with cancer and enrolled in Medicare as part of the individual's participation in a clinical trial and that are not otherwise eligible for Medicare payment. Requires use of amounts available under section 101 to carry out this section. Title II: FDA Jurisdiction Over Tobacco Products - Deems specified regulations to have been promulgated under the Federal Food, Drug, and Cosmetic Act (FDCA) as amended by this title. (Sec. 203) Amends the FDCA to include nicotine in tobacco products in the definition of "drug" and tobacco product delivery components in the definition of "device." Authorizes regulation of any tobacco product as a drug, device, or both. Deems tobacco misbranded if it: (1) states or implies that it presents a reduced health risk unless the product will achieve the best public health result; or (2) violates the FDCA or its regulations. Makes noncompliance with specified provisions added to the FDCA by this Act a prohibited act under the FDCA. Makes provisions preempting State and local requirements inapplicable to tobacco product devices. (Sec. 204) Exempts tobacco products from device Class II special controls if the Secretary of Health and Human Services finds that special controls will achieve the best public health result. Declares that, for the purposes of listed provisions, the safety and effectiveness of a tobacco product device need not be found if the action to be taken under any such provision would achieve the best public health result. Authorizes a tobacco product recall if the best public health result would be achieved. (Sec. 205) Establishes the Scientific Advisory Committee to assist the Secretary, examine the effects of tobacco product nicotine yield level alteration, examine whether there is a nicotine threshold below which dependence is not produced, and review other safety, dependence, or health issues regarding tobacco products. Authorizes the Secretary to adopt a tobacco product performance standard regardless of whether the product has been classified under device classification provisions. Allows the standard to include: (1) reduction or elimination of nicotine; or (2) reduction or elimination of other constituents. Authorizes the Secretary to require that a manufacturer test, report, and disclose tobacco and tobacco smoke constituents, including in labeling and advertising. Requires manufacturers to annually submit: (1) an ingredient list for each brand it manufactures; and (2) a safety assessment for each new ingredient it desires to make a part of the product, with current ingredients receiving a safety assessment within five years after enactment of this Act. Requires that the safety assessment demonstrate that the ingredient will not present any risk to consumers or the public in the intended quantities. Mandates regulations to prohibit any ingredient if: (1) no safety assessment has been submitted as required; or (2) the Secretary finds that safety has not been demonstrated. Requires tobacco product packages to disclose: (1) all ingredients; and (2) the percentages of domestic and foreign tobacco. Authorizes the Secretary to require disclosure of an ingredient that relates to a trade secret if the Secretary determines that the disclosure will promote the public health. Mandates specified warnings and related symbols on cigarette and smokeless tobacco packages and advertising. Preempts related State or local requirements. Declares that nothing in this paragraph relieves any person from liability to any other person at common law or under State statutory law. Makes it unlawful to advertise tobacco products on electronic communications subject to Federal Communications Commission jurisdiction. Directs the Secretary to restrict the access of minors to tobacco products. Requires States, in order to receive amounts under section 111 of this Act, to have a program meeting or exceeding the requirements of the model State program under which a retailer would be required to obtain a State or local license to distribute tobacco products. Includes in minimum model program requirements: (1) licensing fees to defray program administration; (2) prohibiting retail distribution without a license; (3) prohibiting distribution to minors; (4) monetary penalties for violations; and (5) suspension and revocation for repeated distribution to minors or violation of State or local law. Provides for specified penalties for distribution to minors, including penalties imposed on employees of retailers, minors (including loss of driving privileges), and retailers. Authorizes enforcement grants to States. Authorizes the Secretary to enforce the prohibition of distribution to minors. Declares that the provisions of this paragraph do not preempt State or local laws providing greater restrictions than these provisions. Mandates a Federal tobacco licensing program regarding military installations, U.S. embassies, Federally-owned facilities, duty-free shops, and any other Federal entity or Federal property. Treats an Indian tribe or tribal organization as a State for applying and enforcing the provisions of this paragraph regarding Indian reservations. Requires each manufacturer to submit to the Secretary each document in the manufacturer's possession: (1) relating to tobacco-caused health effects in humans or animals (including addiction), control of nicotine, tobacco sale or marketing, or research involving safer tobacco products; or (2) produced, or ordered to be produced, in any health-related civil or criminal proceeding, including attorney-client and other documents produced, or ordered to be produced, for in camera inspection. Directs the Secretary to make the documents available to the public. Exempts from public disclosure trade secrets and attorney-client privilege materials unless the Secretary determines disclosure is necessary to promote the public health. Authorizes any individual to begin a civil action: (1) against any person allegedly in violation of these provisions; or (2) against the Secretary or the Commissioner of Food and Drugs for alleged failure to perform as required. Prohibits regulations having the effect of placing burdens on tobacco producers in excess of the burdens generally placed on other agricultural commodity producers. Declares that any authority granted to the Secretary for regulation of any tobacco product as a drug or device is not intended to include the authority to make regulations applicable to persons who grow or cure raw tobacco. Repeals the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986. Title III: Youth Smoking Reduction Targets and Incentives to Reduce Youth Smoking Rates - Mandates an annual survey of the percentage of individuals under 18 (and the percentage of each ethnic group of such individuals) who identify each manufacturer's tobacco product as the usual product used. (Sec. 303) Requires annual determinations of whether the required percentage reduction in underage tobacco use has been achieved. Specifies the required reductions in cigarette and smokeless tobacco products. (Sec. 304) Mandates individual manufacturer monetary penalties if targets are not met for a year. Multiplies the penalties for consecutive failure years. Requires regulations to prohibit the sale of single packs of a manufacturer's tobacco products in cases of repeated noncompliance with required reductions and to require generic packaging in severe repeated noncompliance. Authorizes regulations requiring reductions in the use of other tobacco products by individuals under 18, including manufacturer monetary penalties for reduction failures. Title IV: Tobacco Transition Assistance for Producers, Communities, and Other Persons - Requires each cigarette manufacturer to purchase a minimum quantity of Flue-cured tobacco and Burley tobacco grown in the United States as determined under specified provisions. Authorizes, for a failure to make the minimum purchases, a monetary penalty and a prohibition of further sales until the penalty is paid. Requires penalty deposit in the No Net Cost Tobacco Fund of, or the No Net Cost Tobacco Account for, the producer-owned cooperative marketing associations handling the domestic tobacco that is the subject of the shortage producing the collection. (Sec. 402) Establishes the Tobacco Transition Trust Fund and transfers to it amounts available under section 101. Authorizes appropriations to the Fund as repayable advances as necessary for Fund expenditures. Makes the Fund available for: (1) transition payments to tobacco quota holders and quota lessees to compensate for lost crop value resulting from reduced demand for tobacco; (2) economic development assistance to producing communities; (3) producer, factory worker, and warehousemen retraining; (4) producer scholarships; (5) tobacco crop insurance; and (6) administrative costs of the Secretary of Agriculture associated with a tobacco price support program. Makes those amounts available only if a law is enacted by January 1, 2000, specifically prescribing Fund authorized uses, but allows administration of a price support program if all administrative costs are paid from the Fund. Declares that this title constitutes budget authority in advance of appropriations Acts. Terminates the authority of this title unless such a prescribing law is enacted. Title V: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Amends the Occupational Safety and Health Act of 1970 to require the responsible entity for each non-residential public building (regularly entered by at least ten individuals at least one day per week (except certain types of facilities)) to implement a smoke-free environment policy. Allows designated smoking areas meeting specified requirements. Sets forth special rules for: (1) schools and other facilities serving children; and (2) public transportation. Requires States, in order to receive funds under this Act, to demonstrate enforcement. Title VI: Public Health and Other Programs - Subtitle A: Research Programs - Mandates programs (through grants, contracts, or otherwise) to: (1) promote expanded research concerning specified aspects of tobacco and health; and (2) for the conduct of research on the cultural, social, behavioral, neurological, and psychological reasons that individuals refrain from, begin, continue, or quit using tobacco products. (Sec. 603) Mandates surveillance and evaluation to monitor patterns of tobacco use and determine the effectiveness of various anti-tobacco programs funded under this Act. Requires that funding be made available for the activities under this subtitle. Subtitle B: Education and Prevention Programs - Mandates a program of grants to States for: (1) school-, college-, or university-based education programs concerning tobacco product use dangers; and (2) community-based prevention programs. Requires that funding be made available. Subtitle C: Miscellaneous Programs - Requires a program to reduce tobacco use through national and local media-based (such as counter-advertising campaigns) and nonmedia-based education, prevention, and cessation campaigns. Requires that funding be made available. (Sec. 622) Establishes the National Tobacco Cessation Program. Authorizes grants, contracts, and cooperative agreements. Requires making funding available. (Sec. 623) Establishes a program to provide assistance and compensation to individuals (and entities providing services to individuals) suffering from tobacco-related conditions, targeting uninsured or underinsured individuals who can demonstrate financial hardship. Requires making funding available. (Sec. 624) Authorizes multilateral assistance to foreign countries to assist in reducing and preventing the use of tobacco in foreign countries, focusing on preventing use by minors. Requires making funding available. Establishes in the District of Columbia a private, nonprofit corporation to be known as the American Center on Global Health and Tobacco (ACT). Requires that an International Advisory Council advise ACT. Mandates the annual transfer of a specified amount to carry out this paragraph. Makes ACT and its grantees subject to the oversight and supervision of the Congress. (Sec. 625) Mandates the National Event Sponsorship Program, authorizing grants for the sponsorship of athletic or other social or cultural events that, before enactment of this Act, was provided by a tobacco manufacturer or distributor. Requires making funding available. Terminates the Program ten years after enactment of this Act. (Sec. 626) Requires a program of grants to States to augment existing programs to reduce alcohol and illicit drug use by individuals under 18. Requires making funding available. Title VII: Liability Protection; Consent Decrees; National Protocol - Subtitle A: Liability Protection and Attorney Fees - Requires that, in order to receive funds under section 111, a State resolve any existing, and agree not to start any new, civil claim seeking recovery for expenditures attributable to tobacco-related conditions commenced by the State against a manufacturer, distributor, or retailer and pending at enactment of this Act. Bars the Federal Government from starting any such claim. Prohibits construing these provisions to limit: (1) an individual's right to start a civil claim for past, present, or future conduct by tobacco product manufacturers, distributors, or retailers; or (2) criminal prosecution of tobacco manufacturers, distributors, or retailers. (Sec. 702) Establishes an Arbitration Panel to award attorney's fees and expenses relating to litigation affected by, or legal services resulting in, this Act. Prohibits any Panel award from affecting fee payments required under any provision of this Act. Declares that it is the sense of the House of Representatives that: (1) the legal services in the class actions filed by the Castano Plaintiffs Legal Committee provided public benefits on which the programs in title IV of this Act are modeled; and (2) such programs do not constitute an exclusive remedy for claims based on addiction or dependence on tobacco products. Subtitle B: Consent Decrees - Requires that, in order to receive funds under section 111 a State, and in order to receive liability protections under subtitle A a tobacco manufacturer, enter into consent decrees under this subtitle. Allows a State to qualify with good faith but unsuccessful efforts. Requires that the decrees resolve State actions for claims associated with manufacturer conduct before this Act. Sets forth required terms, conditions, and limitations. Makes the decrees enforceable by the signatories and the Attorney General. Requires, prior to decree entry by a court, that the decrees be: (1) approved by the Secretary and the Attorney General; (2) fair and reasonable; and (3) in the public interest. Subtitle C: National Tobacco Control Protocol - Chapter 1: Establishment - Requires that a tobacco manufacturer, in order to receive liability protections under subtitle A, enter into a National Tobacco Control Protocol with the U.S. Attorney General and the attorney general of each State that does not opt out. Requires that the Protocol be a binding contract embodying the terms of this subtitle and designed to be enforceable in Federal or State courts. Chapter 2: Terms and Conditions - Declares that this chapter is a part of the Protocol. (Sec. 726) Prohibits tobacco advertising: (1) outdoors; (2) except as allowed in this Act, in any arena or stadium where athletic or other social or cultural activities occur; (3) using a human image or cartoon character; (4) on the Internet, unless inaccessible in or from the United States; and (5) subject to exception, at the point of sale. (Sec. 727) Prohibits a manufacturer from using a trade or brand name of a non-tobacco product for a cigarette or smokeless tobacco product, unless in use before 1998. Sets forth situations in which tobacco brand names or other identification indicia may, with prior notice to the Secretary, be used in advertising and labeling. Prohibits payment for the placement of tobacco products in television programs, motion pictures, or videos or on video game machines. Prohibits direct or indirect payment or consideration for promoting tobacco product image or use through print, film, or broadcast media that appeals to individuals under 18 or through a live performance artist that appeals to such individuals. (Sec. 728) Allows, subject to exceptions, tobacco product labeling and advertising to use only black text on a white background. Limits audio (alone or with video) to words only, prohibiting music and sound effects. (Sec. 729) Prohibits: (1) the use of a tobacco product brand name, logo, symbol, motto, selling message, recognizable color or pattern of colors, or any other indicia of product identification on any service or nontobacco item; (2) offering tobacco purchasers any non-tobacco item in consideration of purchase; and (3) manufacturers, distributors, and retailers from sponsoring any athletic or other social or cultural event in which any indicia of product identification is used (but allows sponsorship under the corporate name, if in use before 1995 and if the corporate name does not include any indicia of product identification). Chapter 3: Enforcement - Allows the Attorney General to bring an action for enforcement, or restrain a breach, of the Protocol. Allows restraining orders, orders of specific performance, civil monetary penalties, and (for officers of manufacturers who knowingly violate the Protocol) criminal penalties, including incarceration. Authorizes grants and contracts for State enforcement. Authorizes use of amounts from the HEALTHY Kids Trust Fund and Department of Justice funds for Attorney General enforcement. (Sec. 732) Authorizes the attorney general of a State to bring an action for enforcement, or to restrain a breach, of the Protocol if the alleged violation occurred in that State. Provides for concurrent Federal and State court jurisdiction in such actions. Allows the remedies specified in section 731. (Sec. 733) Authorizes a manufacturer to file an action seeking a declaration of its Protocol rights and obligations. Authorizes any person to bring an action to enforce the Protocol, with any damages remitted to the Treasury. Entitles any manufacturer to intervene as a matter of right in any Federal or State Attorney General enforcement action. Title VIII: Miscellaneous Provisions - Prohibits the use of funds made available by appropriations or otherwise for specified actions, including: (1) promoting the export, reexport, sale, manufacture, advertising, or use of tobacco products to or in a foreign country; or (2) subject to exception, seeking the removal or reduction of any foreign restriction on the importation, export, sale, manufacture, advertising, use, imposition of tariffs, or taxation of tobacco products. (Sec. 802) Prohibits reprisals against a whistleblower employee of any tobacco product manufacturer, distributor, or retailer for disclosing to specified Federal agencies or State or local authorities information regarding a violation of law related to this Act or related State or local laws. Allows the whistleblower to receive a portion of a payment to the Government resulting from the whistleblower's disclosure. (Sec. 803) Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to make it unlawful for any domestic concern, directly or through a foreign subsidiary or affiliate, to use the mails or interstate commerce to contribute to: (1) the foreign sale or distribution of tobacco products to children or the foreign advertising of tobacco products in a way that appeals to children; and (2) the tobacco product export from any country without a package warning label in the primary language or languages of the country of sale or distribution that complies with domestic labeling requirements. Adds the unlawful acts of this section to the FDCA list of prohibited acts and entitles a person who provides information leading to a related criminal conviction to a portion of the criminal fine collected. (Sec. 804) Allows State or local measures to further this Act's purposes not less stringent than the requirements of this Act. Title IX: Miscellaneous Provisions - Declares that the provisions of this Act shall apply to the manufacture, distribution, and sale of tobacco products in any area in tribal or tribal organization jurisdiction, with exceptions for religious practices. Mandates regulations applying the Federal Food, Drug, and Cosmetic Act requirements regarding tobacco products to such areas. Provides for the treatment of tribes and tribal organizations under various provisions of this Act. Prohibits manufacturers from engaging in any activity in such areas that is prohibited under the Protocol. Requires that amounts made available under certain portions of section 101 be provided to the Indian Health Service for anti-tobacco-related consumption and cessation activities. Allows tribes and tribal organizations to: (1) take measures to further this Act's purposes in addition to the requirements of this Act; and (2) have rules or practices providing greater protection from the health hazards of environmental tobacco smoke. Prohibits a State from imposing requirements regarding the application of this Act to Indian tribes and tribal organizations. Title X: Tobacco Asbestos Trust - Establishes the Tobacco Asbestos Trust Fund consisting of amounts appropriated or credited to it under section 102. (Sec. 1002) Transfers to the Fund, without further appropriation, amounts from manufacturer assessments under this section. Authorizes appropriations to the Fund as repayable advances. Directs the Secretary of the Treasury to assess each tobacco manufacturer an amount sufficient to provide the Fund with specified amounts in certain years. (Sec. 1003) Divides the Fund into Fund I and Fund II. Requires that each Fund be established as Qualified Settlement Funds (as permitted by the Internal Revenue Code). Declares that Fund I represents some portion of the amount of smoking-caused harm paid by asbestos trusts and defendants in the past. Requires that Fund I payments be used to provide credits to asbestos trusts and asbestos defendants who settled and paid asbestos claims of persons who had exposure to tobacco, for the sole purpose of making payment to asbestos claimants by Fund I trustees. Declares that the purpose of Fund II is to pay asbestos tobacco claims brought after enactment of this Act for the tobacco-caused portion of the claimant's harm. (Sec. 1004) Declares that no tobacco company shall be liable: (1) in any civil suit for harm caused by exposure to tobacco or exposure to asbestos to any person who receives compensation from Fund II; or (2) to any asbestos trust or defendant who receives credits from Fund I on any claim arising from payments or obligations to asbestos claimants made or incurred before enactment of this Act.
Bill· HRH.R. 3476 (105th)referred
United States · United States Congress · 17 March 1998
TABLE OF CONTENTS: Title I: Reduction of Special Interest Influence Title II: Independent and Coordinated Expenditures Title III: Disclosure Title IV: Personal Wealth Option Title V: Miscellaneous Title VI: Severability; Constitutionality; Effective Date; Regulations Campaign Finance Improvement Act of 1998 - Title I: Reduction of Special Interest Influence - Amends the Federal Election Campaign Act of 1971 (FECA) with respect to "soft money" to: (1) prohibit a national committee of a political party, including a national congressional campaign committee of political party, and any officers or agents of such party committees, and specified related entities, from soliciting, receiving, or directing to another person a contribution, donation, or transfer of funds, or spend any funds not subject to the limitations, prohibitions, and reporting requirements of FECA; (2) require State, district, or local committees of political parties (including specified related entities) to make expenditures and disbursements for Federal election activities (with exceptions) from funds subject to the limitations, prohibitions, and reporting requirements of FECA; (3) require national, State, district, or local committees and specified related entities to make amounts spent for fundraising costs of Federal election activities from funds subject to the limitations, prohibitions, and reporting requirements of FECA; (4) prohibit national, State, district, or local committees (including national congressional campaign committees and specified related entities) from soliciting funds for, or making or directing donations to, tax-exempt organizations or organizations that have submitted applications for tax-exemption status; and (5) prohibit candidates, incumbents, or their agents from soliciting, receiving, directing, transferring, or spending funds for Federal election activities on behalf of such candidates, incumbents, agents or any other persons (with exceptions), unless the funds are subject to the limitations, prohibitions, and reporting requirements of FECA. (Sec. 102) Prohibits any person from making contributions to a State committee in any year that exceed, in the aggregate, $10,000. Increases the aggregate individual contribution limit from $25,000 to $30,000. (Sec. 103) Requires: (1) national committees, national congressional campaign committees, and subordinate committees of either, to report all receipts and disbursements during the reporting period; (2) State, district, and local committees to report all receipts and disbursements made for specified Federal election activities; and (3) political committees having receipts or disbursements from persons in excess of $200 for any year, to separately itemize their reporting for such persons. Title II: Independent and Coordinated Expenditures - Redefines the term "independent expenditure" to mean an expenditure by a person for: (1) a communication that is express advocacy; and (2) that is not provided in coordination with a candidate or a candidate's agent, or a person who is coordinating with a candidate or a candidate's agent. Defines the term "express advocacy." Redefines the term "expenditure" to include: (1) a payment for a communication that is express advocacy; and (2) a payment made by a person for a communication that refers to a clearly identified candidate, is provided in coordination with the candidate, the candidate's agent, or the candidate's political party, and is for the purpose of influencing a Federal election (regardless of whether the communication is express advocacy). (Sec. 202) Prohibits the Commission, if the Commission determines that there is probable cause to believe that a person has made a knowing and willful violation involving the reporting of an independent expenditure, from entering into a conciliation agreement. Permits the Commission, when it makes such a determination, to institute a civil action for relief. (Sec. 203) Sets forth reporting requirements for certain independent expenditures made by persons (including political committees) aggregating: (1) $1,000 or more; and (2) $10,000 or more. Requires additional reports to be filed each time such independent expenditures are made. Requires such reports to: (1) be filed with the Commission; and (2) and contain the information required for a person who receives any disbursement in excess of $200 in connection with an independent expenditure, including the name of each candidate to whom an expenditure is intended to support or oppose. (Sec. 204) Prohibits a committee of a political party, on or after the date on which the political party nominates a candidate, from making both coordinated expenditures and independent expenditures to the candidate during the election cycle. Requires a committee of a political party, before making a coordinated expenditure to a candidate, to file with the Commission a certification that the committee has not and shall not make any independent expenditure to the candidate during the same election cycle. Prohibits a committee of a political party that submits a certification with respect to a candidate from, during an election cycle, transferring any funds to, assigning authority to make coordinated expenditures to, or receiving a transfer of funds from, a political committee of the party that has made or intends to make an independent expenditure to the candidate. (Sec. 205) Redefines the term "contribution" to include anything of value provided by a person in coordination with a candidate for the purpose of influencing a Federal election in which such candidate seeks nomination or election to Federal office, regardless of whether the value being provided is a communication that is express advocacy. Defines the term "provided in coordination with a candidate." Considers a thing of value provided in coordination with a candidate, as a contribution to the candidate, and in the case of a limitation on expenditures, shall be treated as an expenditure by the candidate. Redefines the term "contribution or expenditure" with respect to contributions or expenditures by national banks, corporations, and labor organizations, to include a contribution or expenditure as defined under this Act. Title III: Disclosure - Replaces provisions permitting the filing of reports electronically with provisions requiring the Commission to: (1) promulgate a regulation for the filing of reports using computers and facsimile machines; (2) make electronically filed reports accessible to the public on the Internet within 24 hours after such reports are received by the Commission; and (3) provide methods (other than requiring a signature on the document being filed) for verifying reports covered by the regulation. (Sec. 302) Prohibits the deposit (except in escrow accounts) or negotiation of contributions from a person making aggregate contributions in excess of $200 during a year by a candidate's authorized committee unless the required contributor information is complete. (Sec. 303) Permits the Commission to conduct random audits and investigations to ensure voluntary compliance with FECA. Extends, from six to twelve months, the period during which campaign audits may be begun. (Sec. 304) Revises reporting requirements for the identification of contributors (other than political committees) to: (1) lower the $200 threshold for the reporting of contributor identification to $50; and (2) require that the identification of persons who make contributions of at least $50 but not more than $200 during a year need include only their names and addresses. (Sec. 305) Revises requirements for the use of candidates' names. (Sec. 306) Prohibits a person soliciting contributions by falsely representing himself or herself to be a candidate or a representative of a candidate, a political committee, or a political party. (Sec. 307) Requires filing of a certain statement with the Commission by persons, other than political committees and religious and apostolic organizations, that make aggregate disbursements in excess of $50,000 during a year for specified Federal election activities: (1) on a monthly basis; or (2) within 24 hours, in the case of disbursements made within 20 days of an election. Exempts from such filing requirements: (1) a candidate or a candidate's authorized committees; and (2) independent expenditures. (Sec. 308) Revises provisions concerning the publication and distribution of any print, broadcast, or general political advertising. Title IV: Personal Wealth Option - Directs the Commission to issue a certification that a House of Representatives candidate is an eligible primary or general election candidate if the candidate files with the Commission a declaration that the candidate and the candidate's authorized committees will not (in the case of a primary candidate) or did not (in the case of a general election candidate) exceed a personal funds expenditure limit of $50,000. Directs the Commission, if the limit is exceeded to: (1) revoke the certification; and (2) require the candidate and the candidate's authorized committees to pay a penalty to the Commission. Prohibits coordinated expenditures if a candidate is not an eligible House candidate. Title V: Miscellaneous - Amends the National Labor Relations Act to make it an unfair labor practice for any labor organization, which receives payments from an employee pursuant to an agreement requiring non-member employees to make payments to such organization in lieu of organization dues or fees, not to establish and implement the requirements of a specified objection procedure. (Sec. 502) Amends FECA to revise provisions concerning the permitted and prohibited uses of contributed amounts by candidates and incumbents for certain purposes. (Sec. 503) Revises Federal law concerning permitted time frames for mailing franked mail to prohibit any mass mailing as franked mail during any year in which there will be an election for a seat held by a Member during the period between January 1 of the election year and the date of the general election, unless the Member will not be a candidate for reelection. (Sec. 504) Amends the Federal law to revise the prohibition on fundraising on Federal property. Prohibits an officer or employee of the Federal Government, including the President, Vice-President, and Members of the Congress, from soliciting a donation of money or other thing of value for a political committee or candidate for Federal, State, or local office, from any person while in any room or building occupied in the discharge of official duties by an officer or employee of the United States. Imposes on violators a monetary penalty, imprisonment, or both. Excepts from the prohibition contributions received by the staff of the Executive Office of the President. (Sec. 505) Amends FECA to double the penalties for knowing and willful violations of FECA, the Presidential Election Campaign Fund Act, and the Presidential Primary Matching Payment Account Act. Permits in the inclusion of conciliation agreements for such violations, equitable remedies or penalties, including disgorgement of funds to the Treasury or community service requirements (including requirements to participate in public education programs). Sets forth requirements for the late filing of FECA reports, including requiring the establishment of mandatory monetary penalties. (Sec. 506) Revises the ban on contributions by foreign nationals by making it unlawful for: (1) foreign nationals to make donations in connection with Federal, State, or local elections to political committees or candidates for Federal office, or contributions or donations to committees of political parties; or (2) persons to solicit, accept, or receive such contributions or donations from foreign nationals. (Sec. 507) Prohibits minors from making contributions to candidates or contributions or donations to committees of political parties. (Sec. 508) Permits the Commission to: (1) order expedited proceedings for certain complaints; and (2) refer, at any time, to the Attorney General a possible violation of FECA, the Presidential Election Campaign Fund Act, or the Presidential Primary Matching Payment Account Act. (Sec. 510) Amends the Internal Revenue Code to deny certain tax- exempt organizations exemption from taxation if such organizations: (1) solicit or accept a contribution from a committee of a political party or an authorized committee of a candidate; (2) make or direct a contribution to a committee of a political party or an authorized committee of a candidate; (3) make a disbursement for electioneering advertising, subject to exceptions; or (4) participate in a coordinated disbursement. Requires the Commission and the IRS Commissioner to: (1) promulgate regulations as necessary to enforce such amendment; and (2) in the promulgation of such regulations, provide an exception to any provision that the Commission or Commissioner determines necessary to serve the public interest. (Sec. 511) Amends FECA to redefine the term "political committee" to include a political organization as defined under the Internal Revenue Code, with specified exceptions. Amends the Internal Revenue Code to redefine the term "political organization." Requires the Commission and the IRS Commissioner to: (1) promulgate regulations as necessary to enforce such amendment; and (2) in the promulgation of such regulations, provide an exception to any provision that the Commission or Commissioner determines necessary to serve the public interest. Title VI: Severability; Constitutionality; Effective Date; Regulations - Sets forth provisions concerning: (1) severability; (2) review of constitutional issues; (3) effective date; and (4) regulations.
Bill· HRH.R. 3479 (105th)referred
United States · United States Congress · 17 March 1998
Tuition Reduction and Information Act of 1998 - Provides for implementing certain recommendations of the National Commission on the Cost of Higher Education. (Sec. 2) Directs the Secretary of Education to: (1) convene a series of forums to develop a nationally uniform methodology for reporting costs incurred by postsecondary institutions in providing undergraduate and graduate education; (2) redesign relevant parts of the integrated postsecondary education data system to improve usefulness and timeliness; and (3) establish a system for the publication, in printed and electronic form, of such postsecondary educational cost data, in a form that permits parents and students to review and compare the data submissions of individual institutions of higher education on the basis of certain factors. (Sec. 3) Amends the Higher Education Act of 1965 (HEA) to require the Secretary to: (1) review biennially any student assistance regulations that apply to the operations or activities of any participant in those programs; (2) modify any such regulation determined to be no longer necessary in the public interest; and (3) report to the Congress any legislative changes necessary to permit such regulatory simplification. (Sec. 4) Directs the Comptroller General to study, and report to the Congress on, the extent to which unnecessary costs are imposed on postsecondary education as a consequence of the applicability to postsecondary facilities and equipment of regulations prescribed for regulating industrial and commercial enterprises. (Sec. 5) Directs the Comptroller General to conduct an on-going analysis of, and report annually to the Congress on, specified trends and other factors relating to the cost of higher education. (Sec. 6) Amends the Age Discrimination in Employment Act of 1967 to declare that the retirement plan of an institution of higher education shall not violate certain age discrimination prohibitions solely because it offers employees with unlimited tenure additional benefits upon voluntary retirement that are reduced or eliminated on the basis of age, if specified conditions are met. (Sec. 7) Amends HEA to revise requirements for special projects in areas of national need, for which the Director of the Fund for the Improvement of Postsecondary Education is authorized to make grants to higher education institutions. Modifies the list of such projects and eliminates a separate authorization of appropriations for such projects. Extends through FY 2003 the authorization of appropriations for the Fund for the Improvement of Postsecondary Education. (Sec. 8) Establishes a performance-based organization (PBO) in the Department of Education as a discrete management unit responsible for managing the information systems supporting the student financial assistance programs authorized under HEA title IV. Authorizes appropriations. Vests management of the PBO in a Chief Operating Officer (COO) appointed by the Secretary. Directs the Secretary and the COO to develop a performance plan for the PBO establishing measurable goals and objectives for the organization. Requires the COO to report annually to the Secretary and specified congressional committees. Requires the PBO to establish an annual performance management system which: (1) maintains individual accountability; and (2) strengthens its organizational effectiveness by providing for establishing goals or objectives for individual, group, or organizational performance, and using performance assessments as a basis for granting employee awards, pay adjustments, and other appropriate personnel actions. Grants the PBO certain procurement flexibility. Authorizes the COO to establish focus groups composed of students, institutions, and other participants in title IV student assistance programs to provide advice on student aid delivery matters. Directs the Secretary and the COO to encourage and participate in establishing voluntary consensus standards and requirements for the electronic transmission of information necessary for the administration of title IV student assistance programs. Directs the Secretary, except with respect to a common financial reporting form, to adopt voluntary consensus standards for transactions required under title IV, and common data elements for such transactions, to enable the electronic exchange of information between systems administered by the Department and among participants in the Federal student aid delivery system. Requires any such standard to: (1) have been developed by an organization open to the various entities engaged in such delivery system; and (2) be consistent with the objective of reducing administrative costs. Directs the COO to: (1) participate in the activities of such standard setting organizations; and (2) to encourage higher education groups seeking to develop common forms, standards, and procedures to do so within such an organization. Requires the Secretary to adopt initial standards for: (1) a single electronic personal identifier number for students receiving title IV assistance; (2) procedures for the electronic transmission and authentication of signatures with respect to transactions requiring a signature; and (3) a single identifier for eligible institutions. Requires such voluntary consensus standards to be compatible with the integrated postsecondary education data system. Authorizes appropriations.
Bill· HRH.R. 3473 (105th)referred
United States · United States Congress · 17 March 1998
Amends the Age Discrimination in Employment Act of 1967 to declare that the retirement plan of an institution of higher education shall not violate certain age discrimination prohibitions solely because it offers employees with unlimited tenure additional benefits upon voluntary retirement that are reduced or eliminated on the basis of age, if specified conditions are met.
Bill· SS. 1756 (105th)referred
United States · United States Congress · 13 March 1998
Designates the education center under construction at Fort Campbell, Kentucky, as the Wendell H. Ford Education Center.
Law· SS. 1754 (105th)enacted
United States · United States Congress · 12 March 1998
TABLE OF CONTENTS: Title I: Health Professions Education and Financial Assistance Programs Subtitle A: Health Professions Education Programs Subtitle B: Nursing Workforce Development Subtitle C: Financial Assistance Title II: Office of Minority Health Title III: Selected Initiatives Title IV: Miscellaneous Provisions Health Professions Education Partnerships Act of 1998 - Title I: Health Professions Education and Financial Assistance Programs - Subtitle A: Health Professions Education Programs - Amends the Public Health Service Act to replace provisions relating to the training of health personnel from disadvantaged backgrounds with provisions mandating grants for programs of excellence in health professions education for underrepresented minority individuals, including to develop large applicant pools, enhance academic performance, train, recruit, and retain faculty, improve resources and curricula, and facilitate research. Authorizes appropriations. Authorizes grants to specified types of health professions schools for scholarships for students from disadvantaged backgrounds who have a financial need for a scholarship, with grant priority based on the proportion of graduates going into primary care, the proportion of underrepresented minority students, and the proportion of graduates working in medically underserved communities. Authorizes appropriations. Mandates a program of contracts for educational loan repayment (for individuals from disadvantaged backgrounds) in return for service as faculty members at specified types of health professions schools. Authorizes appropriations. Authorizes grants and contracts to increase the number of underrepresented minority faculty members. Authorizes appropriations. Authorizes grants and contracts to assist individuals from disadvantaged backgrounds to undertake education to enter a health profession and for scholarships for health professions education. Authorizes appropriations. Repeals provisions relating to obligated service regarding certain programs. (Sec. 102) Repeals provisions relating to area health education center programs. Modifies provisions relating to training in family medicine by adding: (1) references to internal medicine and general pediatrics; (2) provisions regarding the training of physician assistants; and (3) provisions regarding programs of general or pediatric dentistry. Authorizes appropriations. Repeals provisions regarding: (1) training in internal medicine, general pediatrics, general dentistry, physician assistants, and podiatric medicine; and (2) traineeships, fellowships, and the amount of grants. Establishes the Advisory Committee on Training in Primary Care Medicine and Dentistry. (Sec. 103) Replaces provisions relating to training in certain health professions with provisions requiring that, in order to receive assistance under the amendments made by this section, an academic institution use the assistance in collaboration with two or more disciplines. Requires the recipient to carry out innovative demonstration projects for strategic workforce supplementation to meet national goals for interdisciplinary, community-based linkages. Mandates grants and contracts for area health education center programs meeting certain objectives, including recruiting and training health professionals from and for underserved areas and underserved populations. Requires that, in order to be eligible for funds under this paragraph, a health education training center be an entity otherwise eligible for funds under the paragraph immediately above and meet other specified requirements, including addressing persistent and severe unmet health care needs in States bordering the United States and Mexico, in Florida, and other areas. Requires that funding be made available. Mandates grants and contracts for the establishment or operation of geriatric education centers. Authorizes grants and contracts for geriatric training projects to train physicians, dentists, and behavioral and mental health professionals who plan to teach geriatric medicine, geriatric behavioral or mental health, or geriatric dentistry. Mandates a program to provide Geriatric Academic Career Awards to promote the career development of individuals as academic geriatricians. Requires Award recipients to provide clinical geriatrics training. Authorizes grants or contracts to help fund interdisciplinary training projects involving: (1) training health practitioners for rural areas; (2) demonstrating cost-effective comprehensive health care; (3) delivering rural health care; (4) enhancing rural health care research; and (5) recruiting and retaining practitioners from rural areas and making rural practice more attractive. Allows the use of student stipends, post-doctoral fellowships, faculty training, and the purchase or rental of transportation and telecommunication equipment. Authorizes grants or contracts for: (1) expanding or establishing programs to increase the number of allied health professionals; (2) projects in preventive and primary care training for podiatric physicians in residency programs providing traineeships; and (3) demonstration projects involving collaboration between chiropractors and physicians to identify and provide effective treatment for spinal and lower back conditions. Mandates establishment of the Advisory Committee on Interdisciplinary, Community-Based Linkages. Authorizes appropriations to carry out this section. (Sec. 104) Replaces provisions relating to special training projects with provisions authorizing grants or contracts for information collection, analysis, research, and the development of a non-Federal analytic and research infrastructure, all related to the health professions workforce, related issues, and future directions. Authorizes appropriations. Amends the Health Professions Education Extension Amendments of 1992 to extend the dates for the final report and termination of the Council on Graduate Medical Education. Allows amounts otherwise appropriated under specified provisions to be used to support the Council's activities. Transfers the amended provisions to the Public Health Service Act. (Sec. 105) Amends the Public Health Service Act to authorize grants or contracts: (1) to increase the public health workforce and enhance its quality and ability to meet health care needs; and (2) for the operation of public health training centers. Authorizes grants for graduate or specialized training in public health, to assist in providing traineeships in health professions fields in which there is a severe shortage of health professionals. Authorizes grants and contracts for residency programs in preventive medicine and dental public health and related financial assistance to residency trainees. Authorizes grants for: (1) traineeships in health administration, hospital administration, or health policy analysis and planning; and (2) related preparation of students for employment with public or nonprofit private entities. Authorizes appropriations to carry out this section. (Sec. 106) Repeals or removes provisions of the Public Health Service relating to: (1) research on certain health professions issues; (2) chiropractic demonstration projects; (3) the submission of specified information in conjunction with applications for grants or contracts; and (4) the development and publication of certain statistics, the handling of certain personal data, and the submission of certain reports. Imposes new application requirements and lists permitted uses of funds. Requires competitive awarding of grants and contracts. Adds professional counselors to the list of health professions personnel about whom information may be collected and analyzed. (Sec. 107) Requires that programs that have graduated less than three classes be given funding priority if they meet certain criteria relating to serving underserved populations or underserved communities. (Sec. 108) Adds references to behavioral health and to counseling to various generally applicable to health professions education provisions. Includes in the definition of "medically underserved community" an area or population designated by a State governor as a shortage area or medically underserved community. Modifies the definition of "program for the training of physician assistants." Subtitle B: Nursing Workforce Development - Nursing Education and Practice Improvement Act of 1998 - Replaces Public Health Service Act title VIII (Nurse Education) (except provisions relating to student loans, the loan repayment program, and sex discrimination) with a new title on nursing workforce development. Requires that grants and contracts be awarded competitively. Authorizes grants and contracts to: (1) enhance advanced practice nursing education and practice and traineeships for individuals in advanced practice nursing programs; (2) increase nursing education opportunities for individuals from disadvantaged backgrounds by providing scholarships or stipends, pre-entry preparation, and retention activities; and (3) strengthen capacity for basic nurse education and practice. Authorizes appropriations. Establishes the National Advisory Council on Nurse Education and Practice. Subtitle C: Financial Assistance - Chapter 1: School-Based Revolving Loan Funds - Modifies requirements: (1) schools must (in order to participate in the student loan program under specified provisions) meet regarding the percentages of graduates going into primary care; and (2) regarding student noncompliance with loan agreements. Removes a requirement for an annual report to specified congressional committees regarding administration of provisions relating to student loan funds in the context of medical schools and primary care. (Sec. 132) Extends the authorization of appropriations for Federal capital contributions to student loan funds under provisions relating to students from disadvantaged backgrounds. Repeals the authorization effective October 1, 2002. (Sec. 133) Allows loan repayment to be extended for up to ten years in specified circumstances. Increases minimum principal and interest payments. Prohibits, notwithstanding any other provisions of Federal or State law, any limit on the period within which a nursing school may seek repayment. Specifies the consequences (applicable if so provided in the agreement) imposed on default concerning an agreement to provide service in consideration for an award of Federal funds regarding nursing education. (Sec. 134) Modifies provisions controlling the maximum limit on a loan made to a student for a school year. Allows repayment to be made over ten to 25 (currently, over ten) years, at the option of the institution. Increases minimum principal and interest payments. Prohibits, notwithstanding any other provisions of Federal or State law, any limit on the period within which a nursing school may seek repayment. Sets a deadline for obligation of amounts from student loan funds under certain provisions that are returned to the Secretary by health professions schools. Chapter 2: Insured Health Education Assistance Loans to Graduate Students - Authorizes loan payment deferral for up to three years while the borrower is providing health care services to Indians through an Indian health program. Removes a requirement that the Office for Health Education Assistance Loan Default Reduction submit an annual report to specified congressional committees. Allows collection of loan balances after the borrower's death. Limits the maximum annual dollar amount of a loan to a student in a graduate program in behavioral and mental health practice, including clinical psychology, and includes institutions offering such programs in the definition of "eligible institution." (Sec. 142) Removes provisions mandating performance standards for lenders and holders of loans. Allows Federal payment of the loan after default, unless the lender, holder, or servicer has a compliance performance rating under 97 percent, in which case payment must be made at 98 percent of the loss. (Sec. 143) Sets forth maximum limits for specified fiscal years on the total principal amount of new loans made and installments paid pursuant to lines of credit to borrowers covered by Federal loan insurance under provisions relating to insured health education assistance loans to graduate students. (Sec. 144) Allows, notwithstanding any other provision of Federal or State law, an insured loan to be discharged in bankruptcy. (Current law allows such discharge, but makes no reference to other provisions of law.) (Sec. 145) Prohibits construing specified provisions as prohibiting refinancing of a single loan. Title II: Office of Minority Health - Modifies the duties of the Office of Minority Health. Establishes the Advisory Committee on Minority Health. Requires that grants, cooperative agreements, and contracts be awarded on a competitive basis. Authorizes appropriations: (1) for the Office; and (2) to enable the National Center for Health Statistics to collect data on Hispanics and American Indians and to develop special area population studies on major Asian American and Pacific Islander populations. Locates the Office in the Office of Public Health and Science (currently, in the Office of the Assistant Secretary for Health). Title III: Selected Initiatives - Amends provisions relating to grants to States for operation of offices of rural health to remove a requirement that non-Federal matching funds be in cash. Extends the authorization of appropriations. Increases the dollar appropriation level after which additional grants are prohibited. (Sec. 302) Removes the minimum and maximum limits on the number of grants to States for certain programs concerning Alzheimer's disease or related disorders. Allows respite care under such programs to be provided to individuals living in single family homes or in congregate settings. Allows grant funds to be used to improve access to home-based or community-based long-term care services. Removes a grant duration limitation. Extends the authorization of appropriations. (Sec. 303) Extends the authorization of appropriations for immunization program grants for no-charge immunizations for children, adolescents, and adults (currently, for individuals). Title IV: Miscellaneous Provisions - Deems active service of Public Health Service commissioned officers to be active military service in the U.S. armed forces for purposes of all laws regarding discrimination on the basis of race and other specified factors. Authorizes leave without pay status for attendance at an educational institution or training program when it is in the best interest of the Service. Declares that provisions mandating confidentiality of certain substance abuse records do not apply to any interchange of records within the uniformed services (currently, within the armed forces). (Sec. 403) Requires that a person who has received a clinical traineeship in counseling under specified provisions serve for specified periods. (Sec. 404) Extends the authorization of appropriations for grants for screenings, referrals, and education regarding lead poisoning. (Sec. 405) Extends the authorization of appropriations for grants for the prevention, control, and elimination of tuberculosis. Authorizes the set-aside of a specified percentage (currently, a specified dollar amount) for areas with a substantial number of, or a substantial rate of increase in, cases. (Sec. 406) Authorizes establishment of technical and scientific peer review groups and scientific program advisory committees as needed to carry out the functions of the Centers for Disease Control and Prevention. (Sec. 407) Amends the Family Violence Prevention and Services Act to authorize appropriations to carry out provisions regarding grants for community projects to coordinate intervention and prevention of domestic violence. Provides for a study of the training needs of health professionals concerning the detection and referral of victims of family or acquaintance violence. (Sec. 408) Amends the Public Health Service Act to extend the authorization of appropriations for grants for programs to increase the availability of primary health services in health professional shortage areas. (Sec. 409) Allows reservation of up to $2.5 million (currently, requires reservation of $5 million) for construction, renovation, or other improvement of regional centers for primate research. (Sec. 410) Allows a grant or cooperative agreement (currently, a grant, cooperative agreement, or contract), the direct cost of which exceeds $50,000, to be made only if it is recommended after peer review and by the appropriate advisory council. (Sec. 411) Extends the authorizations of appropriations to carry out specified provisions relating to trauma care and to health information and health promotion. (Sec. 413) Limits grants for emergency medical services for children to three years with an optional fourth year (currently, to two years). Allows only three (currently, one) grant in a State per fiscal year. Extends the authorization of appropriations. (Sec. 414) Amends the National Institutes of Health Revitalization Act of 1993 to remove provisions requiring that entities receiving funds under that Act comply with specified provisions of the Act popularly known as the Buy American Act. (Sec. 415) Amends Public Health Service Act provisions relating to the determination of the amount of grants to States to improve the quality, availability, and organization of health care and support services for individuals and families with HIV disease to list the Virgin Islands and Guam with States. (Currently, they are listed with U.S. territories. Listing them with States changes the formula used for determining the amount of grants.)
Bill· SS. 1753 (105th)referred
United States · United States Congress · 12 March 1998
Expand and Rebuild America's Schools Act of 1998 - Amends the Internal Revenue Code to allow a limited credit to taxpayers holding school construction bonds. Defines such bonds. Sets a national school construction bond limit.
Bill· SS. 1742 (105th)referred
United States · United States Congress · 11 March 1998
Alternative Certification and Licensure of Teachers Act of 1998 - Establishes a program to assist States to develop and implement programs for alternative routes to teacher certification or licensure requirements, in order to increase the supply of well-qualified elementary school and secondary school teachers. Sets forth requirements for allotments to States, reallotments, State applications, and uses of funds. Authorizes appropriations.
Bill· SS. 1747 (105th)referred
United States · United States Congress · 11 March 1998
TABLE OF CONTENTS: Title I: Taxpayer Rights Title II: Taxpayer Education, Notice, and Resources Taxpayer Bill of Rights 3 - Title I: Taxpayer Rights - Directs the Secretary of the Treasury to incorporate (taxpayer) examination selection criteria into a specified taxpayer rights statement. (Sec. 102) Amends the Internal Revenue Code to authorize civil damages for negligence in collection actions. (Sec. 103) Directs the Secretary to develop expedited freedom of information procedures for certain high-profile requests of public concern. (Sec. 104) Eliminates the penalty for failure to file or pay while a payment installment agreement is in effect. (Sec. 105) Grants certain taxpayers the right to an installment agreement for tax liabilities under $10,000. (Sec. 106) Requires the Internal Revenue Service (IRS) to: (1) develop procedures to catalog and review taxpayer complaints; and (2) establish a related toll-free telephone number. (Sec. 107) Suspends the statute of limitations for filing a refund claim for certain taxpayers who are unable to manage their financial affairs because of a medical impairment. (Sec. 108) Prohibits the use of financial status or economic reality techniques without a reasonable indication that a likelihood of unreported income exists. (Sec. 109) Requires deficiency notices to specify deadlines for filing Tax Court petitions. (Sec. 110) Authorizes a refund or credit by the Tax Court in certain deficiency proceedings or in instances of an uncontested overpayment. (Sec. 111) Requires IRS employees to be instructed that they may not coerce a taxpayer through audit threat into a Tip Reporting Alternative Commitment Agreement. (Sec. 112) Requires: (1) court approval for IRS seizure of taxpayer property; and (2) for seizure of a principal residence, a showing that all other payment options have been exhausted and that a judicial writ of execution has been issued. (Sec. 113) Directs the Taxpayer Advocate, in determining whether to issue a taxpayer assistance order, to consider whether: (1) there is an immediate threat of adverse action; (2) there has been resolution delay; and (3) the taxpayer will suffer irreparable injury. (Sec. 114) Increases the amount exempt from levy for: (1) fuel, provisions, furniture, and personal effects; and (2) books and tools of a trade, business, or profession. (Sec. 115) Directs the Secretary to develop and publish guidelines for national and local allowances to ensure that taxpayers entering into offers-in-compromise have adequate means for basic living expenses. (Sec. 116) Increases the overpayment rate for noncorporation taxpayers. (Sec. 117) Prohibits levy on a taxpayer's wages or property: (1) while an offer-in-compromise or installment agreement is pending or being appealed; or (2) if requested by the taxpayer for certain assessments. (Sec. 118) Applies specified fair debt collection practices to the IRS, and subjects their violation to existing civil action provisions. (Sec. 119) Allows civil actions by persons other than taxpayers for unauthorized IRS collection activities. (Sec. 120) Authorizes the Secretary to enter into administrative agreements with State tax authorities. Title II: Taxpayer Education, Notice, and Resources - Sets forth provisions regarding: (1) explanation of taxpayer rights; (2) toll-free customer telephone lines; (3) taxpayer interview procedures; (4) explanation of joint and several liability and of appeals and collection process; and (5) statute of limitation extensions. (Sec. 208) Provides for independent operation of local Taxpayer Advocate offices.
Bill· SS. 1741 (105th)referred
United States · United States Congress · 11 March 1998
Teacher Quality Act of 1998 - Directs the Secretary of Education to award competitive grants to local educational agencies (LEAs) to establish teacher training facilities for elementary and secondary school teachers. Requires an LEA, as a grant condition, to enter into a partnership contract with a nongovernmental organization to establish such a teacher training facility. Authorizes appropriations.
Bill· HRH.R. 3440 (105th)referred
United States · United States Congress · 11 March 1998
Alternative Routes to Teacher Certification Act of 1998 - Amends title V (Educator Recruitment, Retention, and Development) of the Higher Education Act of 1965 to add a new part G, Alternative Routes to Teacher Certification, to increase the supply of well-qualified elementary school and secondary school teachers. Authorizes appropriations. Authorizes the Secretary of Education to award competitive grants to eligible partnerships to recruit, prepare, and retain high quality individuals who plan to enter teaching from another occupational field. Sets forth requirements for grant duration and continuation, partnership eligibilty and applications, uses of funds, evaluation, and non-Federal matching funds.
Bill· HRH.R. 3441 (105th)referred
United States · United States Congress · 11 March 1998
National Environmental Education Amendments Act of 1998 - Amends the National Environmental Education Act to require that curricula, materials, and training programs developed with support from the Environmental Protection Agency's (EPA) Office of Environmental Education be balanced and scientifically sound. Requires that implementation of the Act be through EPA. Eliminates requirements for a Director and a minimum number of staff. Allows activities to be carried out through grants, cooperative agreements, or contracts. Reduces from 25 percent to 15 percent the percentage of funds to be obligated for environmental education grants of not more than $5,000. Prohibits the use of grants for certain lobbying activities. Repeals the authority for environmental internships and fellowships. Eliminates all environmental education awards provided for under such Act, except the President's Environmental Youth Awards. Revises requirements for membership on the National Environmental Education Advisory Council. Requires that membership on the Federal Task Force on Environmental Education be open to representatives of any Federal agency actively engaged in environmental education. (Under current law, membership must include specified agency representatives.) Repeals specific requirements for contents of Advisory Council reports. Changes the name of the National Environmental Education and Training Foundation to the National Environmental Learning Foundation. Increases the size of the Foundation's Board of the Directors. Repeals the prohibition on the transmission of logos or other means of identification on materials donated to the Foundation for environmental education and training use. Allows acknowledgment of donors, but prohibits such acknowledgment from: (1) appearing in educational material to be presented to students; and (2) identifying a donor by means of a logo, letterhead, or other corporate commercial symbol, slogan, or product. Extends through FY 2004 the authorization of appropriations to the EPA for such Act. Revises funding limitations. Limits to 25 percent the amount available for administrative costs.