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Bill· SS. 2204 (105th)referred
United States · United States Congress · 23 June 1998
Border Visa Simplification Act - Directs the Secretary of State to waive the tourist or business visitor visa fee for certain Mexican citizens under the age of 15. States that such visa shall expire when the child reaches the age of 18, unless at the request of the parent a regular visa with fee is issued. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to revise the border crossing restriction implementation schedule. Requires tourist and business visitor visas to continue to be processed at least until October 1, 2003, in the Mexican border cities of Nogales, Nuevo Laredo, Ciudad Acuna, Piedras Negras, Agua Prieta, and Reynosa.
Bill· HRH.R. 4116 (105th)referred
United States · United States Congress · 23 June 1998
Border Visa Simplification Act - Directs the Secretary of State to waive the tourist or business visitor visa fee for certain Mexican citizens under the age of 15. States that such visa shall expire when the child reaches the age of 18, unless at the request of the parent a regular visa with fee is issued. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to revise the border crossing restriction implementation schedule. Requires tourist and business visitor visas to continue to be processed at least until October 1, 2003, in the Mexican border cities of Nogales, Nuevo Laredo, Ciudad Acuna, Piedras Negras, Agua Prieta, and Reynosa.
Bill· HRH.R. 4107 (105th)referred
United States · United States Congress · 22 June 1998
United States Immigration Court Act of 1998 - Amends the Immigration and Nationality Act to establish the United States Immigration Court, which shall consist of trial and appellate divisions. Sets forth operational, administrative, and jurisdictional provisions.
Bill· HRH.R. 4089 (105th)referred
United States · United States Congress · 18 June 1998
Provides permanent resident status for two named individuals under the Immigration and Nationality Act.
Bill· HRH.R. 4020 (105th)referred
United States · United States Congress · 9 June 1998
Amends the Nicaraguan Adjustment and Central American Relief Act to eliminate the requirement that spouses and children of aliens eligible for status adjustment to permanent resident be nationals of Nicaragua or Cuba.
Bill· HRH.R. 4011 (105th)referred
United States · United States Congress · 5 June 1998
Amends the Immigration and Nationality Act to eliminate the diversity immigrant program.
Bill· HRH.R. 4015 (105th)referred
United States · United States Congress · 5 June 1998
Classifies a named individual as a child for immediate relative status under the Immigration and Nationality Act.
Bill· HRH.R. 3989 (105th)referred
United States · United States Congress · 3 June 1998
TABLE OF CONTENTS: Title I: Food and Drug Administration Fees Part A: User Fees Part B: General Provisions Title II: Medicare Administrative Fees Title III: Miscellaneous User Fees User Fee Act of 1998 - Title I: Food and Drug Administration Fees - Part A: User Fees - Directs the Secretary of Health and Human Services to establish fees to cover activities of the Food and Drug Administration (FDA) in connection with: (1) petitions and notifications for food additives, food contact substances, and color additives; (2) applications for approval of generic drugs; (3) applications for approval of animal drugs; (4) applications for approval of medical devices; (5) the review of import inspections and export certificates for drugs, devices, and food subject to regulation under the Federal Food, Drug, and Cosmetic Act; and (6) regulating entities subject to FDA oversight. Part B: General Provisions - Set forth provisions concerning, among other things: (1) fee amounts and availability; (2) assessment, publication, and reduction or waiver of fees; and (3) with respect to such fees, the FDA agency plan and reporting requirements. Title II: Medicare Administrative Fees - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary to impose, to the extent provided in appropriations Acts, fees for initial Medicare+Choice contracts and annual fees for renewal of such contracts and monitoring of the ongoing operations of Medicare+Choice organizations. (Sec. 201) Directs the Secretary to establish fee amounts annually, which shall not exceed reasonably estimated costs. Allows the Secretary to provide for reduction or waiver of such fees in exceptional circumstances in the public interest. Requires such fees to be credited to the Health Care Financing Administration Program Management Account. (Sec. 202) Amends SSA title XVIII part D (Miscellaneous Provisions) to repeal the prohibition against the imposition of fees for conducting certification surveys. Requires imposition of such fees, except upon entities subject to the Clinical Laboratory Improvement Amendments of 1998. Prohibits an entity from including such a fee as an allowable item on a cost report under SSA title XVIII or XIX (Medicaid). (Sec. 203) Directs the Secretary to establish a procedure for initial and periodic renewal of registration of individuals and entities that furnish items or services for which Medicare payment may be made and that are not otherwise subject to Medicare provisions for such procedures. Requires the Secretary, to the extent provided in appropriations Acts, to impose: (1) fees for initial agreements with service providers, and initial registrations of other entities and individuals that furnish items or services for which Medicare payment may be made; and (2) annual fees to cover the costs of renewals of agreements and registrations of such individuals and entities. Sets forth fee-related assessment limitations, crediting requirements, and cost-reporting restrictions similar to those for the other fees required by this title. (Sec. 204) Outlines requirements for new mandatory fees for review, audit, and cost settlement activities under the Medicare Integrity Program, to be credited to the Health Care Fraud and Abuse Control Account. (Sec. 205) Subjects certain claims to a $1 processing fee, including claims which duplicate another claim submitted by the same individual or entity, and claims which are not submitted electronically. Allows the waiver of fees in the latter case where compelling circumstances exist. Sets forth guidelines for the collection, crediting, and availability of such fees similar to the guidelines for initial Medicare+Choice contract and renewal fees. Title III: Miscellaneous User Fees - Amends the Department of Agriculture Reorganization Act to authorize the Secretary of Agriculture to collect fees to cover costs of providing services under specified agricultural laws. (Sec. 302) Requires the Secretary of Commerce to collect fees for the provision of navigation assistance and fisheries management and enforcement services. Limits a fisheries management fee to one percent of the ex-vessel value of harvested fish with respect to which the fee is collected. (Sec. 304) Amends Federal law to increase patent fees (including maintenance fees), except fees for the filing of provisional applications for original patents. (Sec. 305) Authorizes appropriations to the International Trade Administration, to be derived from fees collected for the provision of export promotion services. (Sec. 306) Amends the Omnibus Budget Reconciliation Act of 1993 to increase claim maintenance fees to be paid by holders of unpatented mining claims, mills, or tunnel sites for FY 1999 and subsequent years. Increases and permanently extends location fees for such claims. Makes fees available for mining law administration program operations. (Sec. 307) Amends the Immigration and Nationality Act to require the Secretary of Labor, beginning in FY 2000, to impose fees for the filing of applications for labor certifications, employer attestations, or similar petitions required for programs relating to the provision to an alien of immigrant or nonimmigrant employment-based status. (Sec. 308) Directs the Secretary of Transportation to collect fees for the provision of navigation assistance services. (Sec. 309) Amends Federal law to require the Surface Transportation Board to prescribe a schedule of user fees for carriers subject to the Board's jurisdiction. (Sec. 310) Requires the Secretary of the Army to collect fees from applicants for permits for the discharge of dredged or fill material into navigable waters under the Federal Water Pollution Control Act for: (1) evaluation of permit applications; (2) preparation of environmental impact statements in connection with permit issuance; and (3) delineation of wetlands for major developments affecting wetlands. Establishes the Army Civil Works Regulatory Program Account in the Treasury into which such fees shall be deposited. Makes the Account available to the Secretary for costs incurred in administering laws pertaining to regulation of U.S. navigable waters. (Sec. 311) Establishes in the Treasury a radiological emergency preparedness fund for offsite radiological emergency planning, preparedness, and response. Requires the Director of the Federal Emergency Management Agency to collect fees from persons subject to radiological emergency preparedness regulations, to be deposited in such fund. (Sec. 312) Directs the Chairman of the National Transportation Safety Board to collect fees from air carriers to cover partial costs of aviation accident investigations. Caps such fees at $6 million per fiscal year. (Sec. 313) Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act to authorize fees to be assessed on persons rendering services in connection with claims for benefits where their service fees are fixed or approved by the Commissioner of Social Security or determined by a court. Authorizes appropriations for administrative expenses in carrying out such title and related laws from amounts credited to a special Treasury account from such assessments. Applies service fee provisions to title XVI (Supplemental Security Income) of the Social Security Act as well. (Sec. 314) Amends Federal law to extend provisions for railroad carrier user fees through FY 2003. (Sec. 315) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to authorize an increased maximum ad valorem rate adjustment for certain customs merchandise processing. Makes fees collected in excess of the established .21 percent ad valorem to be available for expenses incurred by the Secretary of the Treasury for the National Customs Automation Program. (Sec. 316) Amends the Federal Insecticide, Fungicide, and Rodenticide Act to authorize the Administrator of the Environmental Protection Agency to levy fees upon applicants for pesticide registration, amendments to registration, and experimental use permits to cover costs associated with application review. Provides for waivers or reductions of fees under specified circumstances. (Sec. 317) Authorizes the Administrator to assess fees from persons required to submit certain test data under the Toxic Substances Control Act without regard to dollar limitations specified in such Act. (Sec. 318) Amends the Omnibus Reconciliation Act of 1990 to extend the Nuclear Regulatory Commission's authority to assess certain user fees and annual charges through FY 2003. (Sec. 319) Amends the Federal Deposit Insurance Act (FDIA) to require the Federal Deposit Insurance Corporation to assess fees for examinations against insured depository institutions. Amends the Federal Reserve Act (FRA) to require (currently, authorize) fees to be assessed against banks examined (other than those examined by State authorities) upon order of the Board of Governors of the Federal Reserve System (Federal Reserve Board). Amends the FDIA to reduce annual regular examination fees imposed on any State depository institution under the FDIA, FRA, or the Home Owners' Loan Act to reflect that the supervision of the institution by a State bank supervisor has reduced the need for Federal supervision. Bars the imposition of such fees on institutions with assets of less than $100 million. Directs the Federal Reserve Board to report to the Congress on: (1) total costs incurred by the Board during the preceding year attributable to examinations of bank holding companies; and (2) total amounts assessed against, and paid by, such holding companies for examinations. (Sec. 319) Extends through FY 2005 National Park Service (NPS) authority under the recreational fee demonstration program. Makes such authority available for all NPS units, except that no recreational admission fee may be charged at Great Smoky Mountains National Park and Lincoln Home National Historic Site. Requires a report from the Secretary of the Interior to specified congressional committees on the program's status. (Sec. 320) Repeals the Concessions Policy Act of 1965. Directs the Secretary of the Interior to authorize, under specified conditions, private persons, corporations, or other entities to provide and operate such facilities and services as the Secretary deems necessary and appropriate in the National Park System. Authorizes the Secretary, upon request and under specified criteria, to allow such entities to provide services to park visitors through a commercial use authorization. Requires the provision of such services to have minimal impact on park resources and values and to be consistent with park purposes. Provides a two-year term limit for the provision of such services. Requires a concession contract to be awarded to the person submitting the best proposal through a competitive selection process to be established by the Secretary. Allows the award of a temporary contract to avoid interruption of services. Requires the Secretary to publish a notice of availability for a prospectus soliciting proposals for contracts for concessions at a park specifying minimum contract requirements and contract terms and conditions. Requires congressional notification of any proposed contract with anticipated annual gross receipts exceeding $5 million or of a duration of ten or more years. Prohibits the Secretary from granting a preferential right to a concessioner to: (1) renew concession contracts under this section, with exceptions; or (2) provide new or additional services at a park. Allows preferential rights of renewal to be granted for certain outfitting and guide contracts and certain contracts with annual gross receipts of under $500,000. Sets forth criteria for determining franchise fees, including fees for multiple concession contracts within a park. Requires all fees to be covered into a special Treasury account established for reallocation to National Park System units for resource management and protection, maintenance activities, interpretation, and research. Directs the Inspector General of the Department of the Interior to conduct biennial audits of concession fees. Establishes a maximum: (1) ten-year duration for a concessions contract, provided that the Secretary may award a contract for up to 20 years if determined necessary; and (2) two-year duration for a temporary contract. Requires the approval of the Secretary before a concession contract can be transferred, assigned, sold, or conveyed and sets forth conditions that preclude such conveyance. Grants possessory interest to concessioners who have commenced acquisition or construction of any structure on Federal land within a park before the enactment of this Act. Places conditions on a concessioner's rates and charges to the public. Directs the Secretary to: (1) periodically evaluate the performance of each concessioner under contract; and (2) terminate a contract if a concessioner fails, within the prescribed time, to meet minimum requirements identified in a notice of unsatisfactory performance. Grants the Comptroller General, until the expiration of five calendar years after the close of the business year for each concessioner, access to and the right to examine any pertinent books, documents, papers, and records of the concessioner related to contracts. Exempts contracts awarded by the Secretary under this section from certain provisions of Federal law relating to the leasing of U.S. buildings and properties. Authorizes appropriations. (Sec. 321) Amends Federal law to authorize the use of the Airport and Airway Trust Fund for costs incurred by the Federal Aviation Administration (FAA) after FY 1999. Requires fees to be assessed for FAA services obtained outside the United States.
Bill· HRH.R. 3983 (105th)referred
United States · United States Congress · 3 June 1998
Amends Federal law to require passport applications for children under age 16 to be signed by: (1) both parents if the child lives with both parents; (2) the parent having primary custody of the child if the child does not live with both parents; or (3) the surviving parent (or legal guardian) of the child if one or both parents are deceased. Permits waiver of such requirement if the Secretary of State determines that circumstances do not permit obtaining the signatures of both parents.
Bill· HRH.R. 3968 (105th)referred
United States · United States Congress · 22 May 1998
National Year 2000 Readiness Act - Directs the Chairperson of the Year 2000 Conversion Council to submit to the Congress: (1) a national assessment of the Year 2000 computer problem covering all critical national infrastructures and key sectors of the economy; and (2) a national strategy to ensure that the most critical services provided by the Federal, State, and local governments as well as key sectors of the economy will be prepared for the Year 2000 date change. Requires the Chairperson, in preparing the strategy, to: (1) include a plan for ensuring the availability of an adequate supply of technical personnel to remedy the Year 2000 computer problem in the private sector as well as the Federal Government before December 31, 1999; and (2) in formulating such plan, make recommendations relating to any need to raise immigrant visa ceilings under the Immigration and Nationality Act for such purpose. Requires the Chairperson, in preparing such plan, to: (1) make recommendations relating to the capacity of the Federal Government to attract and retain individuals of high-quality technology competence; and (2) consider whether a Federal technology information service should be established in a form similar to the Senior Executive Service. Directs the Chairperson, in preparing the strategy, to include: (1) the goals and strategies the United States will pursue at the Bank for International Settlements, the Group of Ten Industrialized Nations, the European Union, and elsewhere to encourage an international effort to ensure readiness for the Year 2000 at banks and other financial institutions; and (2) the initiatives which U.S. representatives to the International Monetary Fund, the International Bank for Development and Reconstruction, and other international development banks are taking to engage such institutions in providing funding or technical assistance to developing countries for remedying the Year 2000 computer problem. Requires the submission of quarterly progress reports after the submission of the report on the national assessment and strategy. Permits the revision of the Federal Acquisition Regulation to provide for an appropriate period for which contractors who knowingly provide goods or services to Federal agencies that are not Year 2000 compliant shall be ineligible for award of any Federal contract. Permits waiver of any restrictions developed pursuant to the revision of such Regulation, at the discretion of the applicable Federal agency, if the new goods or services are Year 2000 compliant.
Bill· HRH.R. 3977 (105th)referred
United States · United States Congress · 22 May 1998
Waives specified requirements under the Immigration and Nationality Act to provide for the naturalization of a named individual if he is otherwise qualified.
Bill· SS. 2110 (105th)referred
United States · United States Congress · 21 May 1998
TABLE OF CONTENTS: Title I: Strengthening Law Enforcement to Reduce Violence Against Women Title II: Strengthening Services to Victims of Violence Title III: Limiting the Effects of Violence on Children Title IV: Strengthening Education and Training to Combat Violence Against Women Title V: Extension of Violent Crime Reduction Trust Fund Violence Against Women Act II - Title I: Strengthening Law Enforcement to Reduce Violence Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to eligible States, Indian tribal governments, or local governmental units to provide technical assistance and computer and other equipment to police departments, prosecutors, and courts to facilitate the widespread, including interstate, enforcement of protection orders. Instructs the Attorney General to give priority to grant applicants that: (1) have established cooperative agreements with neighboring jurisdictions to facilitate the enforcement of protection orders from other jurisdictions; and (2) will use the grant to develop and install data collection and communication systems linking police, prosecutors, and the courts in order to identify and track protection orders and violations of such orders. (Sec. 101) Directs the Attorney General to compile and disseminate information about successful data collection and communication systems. Amends Federal criminal code provisions governing full faith and credit given to protection orders to provide that such provisions shall not be construed to: (1) require prior filing or registration of such orders in the enforcing State as a prerequisite to enforcement by such State; or (2) permit a State to notify the party against whom the order has been made that a protection order has been registered or filed in that State. Includes custody and visitation provisions in protection orders within the purview of Federal criminal law governing domestic violence and stalking. (Sec. 102) Amends such Act to designate State, local, and Indian tribal courts as eligible grantees in the program to combat violent crimes against women. Revises allocation percentages for police and prosecutors, victim services, and State and local courts (not less than 25 percent, 30 percent, and ten percent, respectively). Amends the Equal Justice for Women in the Courts Act to expand training that may be provided under domestic violence training grants to include training with respect to issues concerning individuals with disabilities. Authorizes appropriations from the Violent Crime Reduction Trust Fund for FY 1999 through 2002. Includes State, local, and tribal courts among the grantees eligible for Federal grants to encourage arrest policies. Earmarks a minimum of five percent of the total amount available for grants each fiscal year for grants to Indian tribal governments. (Sec. 103) Reauthorizes appropriations for FY 1999 through 2002 for grants to combat violent crimes against women. Directs the Attorney General to make grants to State domestic violence and sexual assault coalitions for coordinating State victim services activities and for coordinating with Federal, State and local entities engaged in violence against women activities. (Sec. 104) Instructs the Attorney General to transfer flunitrazepam (the "date-rape" drug) from schedule IV of the Controlled Substances Act to schedule I (the strictest level of Federal drug penalty and control). (Sec. 105) Reauthorizes appropriations for FY 1999 through 2002 for grants to encourage arrest policies. (Sec. 106) Authorizes the Attorney General to make grants to institutions of higher education for use by campus personnel and student organizations and nonprofit nongovernmental victim services programs to assist campus administrators and campus security personnel to develop and strengthen: (1) effective security and investigation strategies to combat violent crimes against women on campuses; and (2) services to victims of such crimes. Sets forth provisions regarding application requirements and certifications, grant disbursement, the Federal cost share, nonmonetary assistance, and regulations. Authorizes appropriations for FY 1999 through 2002. (Sec. 107) Amends the Federal criminal code to provide that any person who, while employed by or accompanying the armed forces outside of the United States, engages in conduct that would constitute a domestic violence or sexual assault offense if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, shall be subject to prosecution in a U.S. district court. Sets forth provisions regarding concurrent jurisdiction and priority of exercise of jurisdiction. Authorizes the Secretary of Defense to designate and authorize any individual serving in a law enforcement position in the Department of Defense to arrest such a person outside of the United States if there is probable cause to believe that such person committed such an offense. Provides for the release of such arrested persons to civilian law enforcement authorities in specified circumstances. Provides for delivery of such persons to the appropriate authorities of a foreign country if: (1) delivery is requested for trial for such conduct as an offense under the laws of that country; and (2) delivery is authorized by a treaty or other international agreement to which the United States is a party. Requires the Secretary of the military department concerned to transmit to the Director of the Federal Bureau of Investigation a copy of records of any penal actions taken, including certain nonjudicial punishments imposed, against a member of the armed forces who is discharged, dismissed, or released from active duty. (Sec. 108) Prohibits and sets penalties for willfully causing bodily injury to any person or attempting, through the use of fire, a firearm, or an explosive device, to cause bodily injury to any person, whether or not acting under color of law, because of: (1) the actual or perceived race, color, religion, or national origin of any person; or (2) the actual or perceived religion, gender, sexual orientation, or disability of any person if, in connection with the offense, the defendant or the victim travels in interstate or foreign commerce, uses a facility or instrumentality of interstate or foreign commerce, or engages in any activity affecting interstate or foreign commerce, or the offense is in or affects such commerce. Authorizes appropriations to the Departments of the Treasury and of Justice for FY 1998 through 2000 to increase the number of personnel to prevent and respond to such alleged violations. Directs the United States Sentencing Commission to study and, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements for adult defendants who recruit juveniles to assist in the commission of hate crimes. Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice to make grants to State and local programs designed to combat hate crimes committed by juveniles. Authorizes appropriations. (Sec. 109) Amends the Violence Against Women Act of 1994 to reauthorize for FY 1999 through 2002: (1) rural domestic violence and child abuse enforcement grants (and allots not less than five percent of the total made available for each fiscal year for grants to Indian tribal governments); and (2) national stalker and domestic violence reduction grants. (Sec. 111) Modifies Federal criminal code provisions regarding interstate domestic violence, interstate stalking, and interstate violation of a protective order to cover situations where persons travel in interstate or foreign commerce or to or from Indian country. Title II: Strengthening Services to Victims of Violence - Directs the Attorney General to make grants to public and private nonprofit entities: (1) to establish and expand cooperative efforts and projects between domestic violence victim advocacy organizations and civil legal assistance providers to strengthen civil legal assistance for victims of domestic violence; and (2) to establish and expand efforts and projects to strengthen such assistance by organizations with a demonstrated history of responsive direct legal or advocacy services on behalf of such victims. (Sec. 201) Requires the Attorney General, through contracts, grants, or other arrangements, to establish and operate a network of attorneys and lay advocates to provide legal assistance and other guidance to victims of domestic violence and sexual assault. Authorizes appropriations. (Sec. 202) Amends the Family Violence Prevention and Services Act with respect to State demonstration grants for programs and projects to prevent family violence and provide immediate shelter and related assistance to victims. Requires grant applicants to provide documentation, including memoranda of understanding, of the specific involvement of the State domestic violence coalition and other knowledgeable individuals and interested organizations, in the development of the application. Earmarks funds to provide emergency assistance directly to victims of family violence, or their dependents, who are in the process of fleeing an abusive situation. Changes from a formula amount to $500,000 the minimum allotment to each State for such grants. Requires the Secretary of Health and Human Services to make grants to Indian tribes and organizations from any sums not distributed to them. Authorizes the Secretary to award grants to private nonprofit organizations for information, training, and technical assistance initiatives in specified subject areas. Authorizes appropriations under such Act through 2002. Revises the formula for the allocation of appropriations for grants for State coalitions. Directs the Secretary to conduct a nationwide needs assessment relating to family violence prevention and services programs. Authorizes the Secretary to award grants to up to ten State domestic violence coalitions, and up to ten local entities that carry out domestic violence programs providing shelter or related assistance, to develop and implement model community intervention strategies to address family violence in underserved populations. Prescribes formulae for the redistribution of funds available due to certain limitations. (Sec. 203) Prohibits any insurer from, directly or indirectly, taking any adverse action against: (1) an innocent insured; or (2) an applicant or insured on the basis that the applicant or insured, or any person employed by the applicant or insured or with whom the applicant or insured is known to have a relationship or association is, has been, or may be the subject of abuse. Defines an innocent insured as a subject of abuse insured under the same policy as the abuser, but who is not (in light of all the facts and circumstances) the cause of any claim incurred or that may incur. Requires any insurer taking an adverse action against a known subject of abuse to advise the applicant or insured in writing of the specific reasons for the action. Empowers the Federal Trade Commission (FTC) to enforce such prohibitions and policy. Provides for a private action against an insurer by an applicant or insured affected by a violation of this Act. (Sec. 204) Amends the Family Violence Prevention and Services Act to extend through FY 2002 the authorization of appropriations for the national domestic violence hotline. (Sec. 205) Amends the Violent Crime Control and Law Enforcement Act of 1994 to extend through FY 2002 and increase the authorization of appropriations for Federal victims' counselors. (Sec. 206) Amends the Family and Medical Leave Act of 1993 to entitles employees to leave: (1) to address domestic violence and its effects; or (2) to care for a child or parent of the employee who is addressing domestic violence and its effects. Authorizes an employer to require an employee to provide documentation or other corroborating evidence. Amends Federal civil service law to entitle Federal employees to take such leave, subject to the same requirements. (Sec. 207) Amends the Internal Revenue Code to authorize unemployment compensation where an individual is separated from employment due to circumstances directly resulting from the individual's experience of domestic violence. Amends the Social Security Act to require State laws to provide for methods of administration that will ensure that claims reviewers and hearing personnel are adequately trained in the nature and dynamics of claims for unemployment compensation based on domestic violence, including methods of ascertaining and keeping information confidential. (Sec. 208) Amends the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1998, the Immigration and Nationality Act, the Omnibus Crime Control and Safe Streets Act of 1968, and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 with respect to aliens who have been battered or subjected to extreme cruelty to provide for: (1) legal assistance; and (2) waiver of certain immigration requirements. (Sec. 209) Amends the Violence Against Women Act of 1994 to add a new Subtitle H (Elder Abuse, Neglect, and Exploitation, Including Domestic Violence and Sexual Assault Against Older Individuals). Directs the Attorney General to: (1) make grants to law school clinical programs for the purposes of funding the inclusion of cases addressing issues of elder abuse, neglect, and exploitation, including domestic violence, and sexual assault, against older individuals; and (2) develop curricula and offer, or provide for the offering of, training programs to assist law enforcement officers and prosecutors in recognizing, addressing, investigating, and prosecuting instances of such abuse, neglect, and exploitation. Authorizes appropriations. Amends the Family Violence Prevention and Services Act and the Older Americans Act of 1965 with respect to programs addressing such issues, including related training for health professionals. Amends the Older Americans Act of 1965 to authorize appropriations for programs and activities for the prevention of elder abuse, neglect, and exploitation. Requires the Secretary to make grants to: (1) support projects in local communities to coordinate activities concerning intervention in and prevention of elder abuse, neglect, and exploitation, including domestic violence, and sexual assault, against older individuals; and (2) develop and implement outreach programs directed toward assisting older individuals who are victims of elder abuse, neglect, and exploitation, including those in senior housing complexes and senior centers. Authorizes appropriations. Amends the Public Health Service Act to require the Secretary to give preference in the award of certain grants and contracts to any health professions educational entity that requires, as a condition of receiving a degree or certificate, that each student have had significant training in the identification and referral of victims of elder abuse and neglect. Title III: Limiting the Effects of Violence on Children - Authorizes the Attorney General to make grants to States and Indian tribal governments to enable them to enter into contracts and cooperative agreements to assist public or private nonprofit entities in establishing and operating supervised visitation centers for purposes of facilitating supervised visitation and visitation exchange of children by and between parents. Requires that priority be given to States that consider domestic violence in making a custody decision and require findings on the record. (Sec. 302) Directs the Attorney General to study and report to Congress on Federal and State laws relating to child custody, including the Parental Kidnaping Prevention Act of 1980, and their effect on child custody cases in which domestic violence is a factor. Requires such study to examine the sufficiency of defenses to parental abduction charges available in cases involving domestic violence, and the burdens and risks encountered by victims of domestic violence arising from compliance with the full faith and credit (and judicial jurisdiction) requirements of that Act. Authorizes appropriations. (Sec. 303) Amends the Runaway and Homeless Youth Act to authorize appropriations for grants through FY 2002. Directs the Secretary to compile annually and disseminate, especially to community-based programs (including domestic violence and sexual assault programs), specified information about the use of amounts expended and the projects funded under such Act. (Sec. 304) Amends the Victims of Child Abuse Act of 1990 to authorize appropriations through FY 2002 for: (1) the court-appointed special advocate program; (2) child abuse training programs for judicial personnel and practitioners; and (3) grants for televised testimony. Directs the Attorney General to compile annually and disseminate, especially to community-based programs (including domestic violence and sexual assault programs), specified information about the use of amounts expended and the projects funded under such Act. Title IV: Strengthening Education and Training to Combat Violence Against Women - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, in awarding grants or contracts for health professions and nurse education, to give preference to a relevant health professions entity that requires, as a condition of receiving a degree or certificate, that a student has had significant training in the identification, examination, treatment, and referral of victims of domestic violence. (Sec. 401) Defines relevant health professions entity as a school of medicine, a school of osteopathic medicine, a graduate program in mental health practice, a school of nursing, a program for the training of physician assistants, or a program for the training of allied health professionals. (Sec. 402) Authorizes the Attorney General to make grants for the development and dissemination of model programs to provide education and training in appropriate and effective responses to victims of domestic violence and victims of sexual assault (including, as appropriate, the effects of domestic violence on children) to individuals (other than law enforcement officers and prosecutors) who are likely to come into contact with such victims during the course of their employment. Limits such grants to public and private nonprofit entities that have: (1) nationally recognized expertise in the areas of domestic violence and sexual assault; and (2) a record of commitment and quality responses to reduce domestic violence and sexual assault. Authorizes appropriations. (Sec. 403) Requires States to use certain transferred funds for rape prevention and education programs conducted by rape crisis centers, State sexual assault coalitions, and other public and private nonprofit entities for: (1) educational seminars; (2) hotlines; (3) training programs for professionals; (4) the preparation of informational material; (5) education and training programs for students and campus personnel designed to reduce the incidence of sexual assault at colleges and universities; and (6) other efforts to increase awareness of, or to help prevent, sexual assault, including efforts to increase awareness in underserved communities and awareness among individuals with disabilities. Requires at least 25 percent of grant funds are used for educational programs targeted for middle school, junior high, and high school students. Directs the Secretary, through the National Center for Injury Prevention and Control at the Centers for Disease Control and Prevention, to establish a National Resource Center on Sexual Assault (with a central resource library) to provide resource information, policy, training, and technical assistance to Federal, State, and Indian tribal agencies, as well as to State sexual assault coalitions and local sexual assault programs and to other professionals and interested parties on issues relating to sexual assault. Authorizes appropriations. (Sec. 404) Directs the Secretary to provide grants to individuals or organizations to carry out educational programs for elementary schools, middle schools, secondary schools, or institutions of higher education with respect to information regarding, and prevention of, domestic violence and violence among intimate partners. Authorizes appropriations. (Sec. 405) Directs the Attorney General to make grants to States and nongovernmental private entities to provide education and technical assistance for the purpose of providing training, consultation, and information on violence, abuse, and sexual assault against women who are individuals with disabilities. Authorizes appropriations. (Sec. 406) Amends the Family Violence Prevention and Services Act to make groups that provide services to or advocate on behalf of individuals with disabilities eligible for demonstration grants for community initiatives. Authorizes appropriations for such grants. (Sec. 407) Directs the Attorney General to establish a multidisciplinary, multiagency national commission to: (1) evaluate standards of training and practice for licensed health care professionals performing sexual assault forensic examinations, and develop a national recommended training standard; (2) recommend minimum sexual assault forensic examination training for all health care students; (3) review national, State, and local protocols on sexual assault for forensic examinations, and develop a recommended national protocol and a mechanism for nationwide dissemination; and (4) study and evaluate State procedures for payment of forensic examinations for victims of sexual assault, and establish a recommended Federal protocol for such payment. Authorizes appropriations. (Sec. 408) Authorizes the Attorney General to make a grant to a private, nonprofit entity meeting certain requirements to establish a national clearinghouse and resource center to provide information and assistance to employers and labor organizations on appropriate workplace responses to domestic violence and sexual assault. Authorizes appropriations. (Sec. 409) Amends the Violence Against Women Act of 1994 to direct the Secretary to make grants to entities, including domestic violence and sexual assault organizations, research organizations, and academic institutions, to: (1) support specified research and evaluation of education, prevention, and intervention programs on violent behavior against women; and (2) address gaps in research and knowledge about violence against women, including violence against women in underserved communities. Directs the U.S. Sentencing Commission to report to Congress on: (1) Federal and State sentences for homicides or assaults in which the victim was a spouse, former spouse, or intimate partner of the offender; (2) the effect of illicit drugs and alcohol on domestic violence and the sentences imposed for offenses involving them in which domestic violence occurred; (3) the extent to which acts of domestic violence committed against the offender, including coercion, may have contributed to the commission of an offense; (4) an analysis delineated by race, gender, type of offense, and any other categories that would be useful for understanding the problem of domestic violence; and (5) recommendations with respect to all such offenses, including any basis for a downward adjustment in any applicable Federal sentencing guidelines determination. Directs the Secretary to make grants to nonprofit entities, including sexual assault organizations, research organizations, and academic institutions, in order to gather qualitative and quantitative data on the experiences of minors and adults who become pregnant as a result of sexual assault within State health care, judicial, and social services systems. Requires the Attorney General to study and report to the Congress on the status of the law with respect to rape and sexual assault offenses and the effectiveness of the implementation of laws in addressing such crimes and protecting their victims. Authorizes appropriations. Title V: Extension of Violent Crime Reduction Trust Fund - Amends the Violent Crime Control and Law Enforcement Act of 1994 to authorize appropriations to the Violent Crime Reduction Trust Fund through FY 2002. (Sec. 501) Reduces discretionary spending limits for FY 2001 and 2002 in the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) by specified offsetting amounts.
Bill· HRH.R. 3904 (105th)referred
United States · United States Congress · 20 May 1998
Immigration Reform and Improvements Act of 1998 - Abolishes the Immigration and Naturalization Service and the office of Commissioner of Immigration and Naturalization. Amends the Immigration and Nationality Act to establish within the Department of Justice the Bureau for Immigration Enforcement. States that the Bureau shall perform the following immigration-related functions: (1) prevention of illegal entry; (2) inspection of ports of entry; (3) apprehension and detention, including programs of parole or supervised release; (4) exclusion, deportation, and release; and (5) investigations. States that Bureau activities shall be conducted through the following units: (1) uniformed enforcement unit; (2) investigations unit; (3) intelligence unit; (4) assets forfeiture unit; (5) probation unit; and (6) trial attorney unit. Provides for enforcement field offices. (Sec. 3) Provides for appointment in the Department of State of: (1) an Assistant Secretary of State for Immigration Affairs; (2) an Assistant Secretary of State for Refugee Admissions and Asylum Affairs; (3) an Assistant Secretary of State for Citizenship and Passport Services; and (4) an Under Secretary of State for Citizenship, Immigration, and Refugee Affairs who shall direct such Assistant Secretaries. (Sec. 4) States that the Secretary of Labor shall be responsible for enforcement of immigration-related employment verification. (Sec. 5) Establishes as an independent agency the Agency for Immigration Review which shall be made up of a trial division, appellate board, and other divisions or offices as necessary. (Sec. 7) Provides for transfer and allocation of appropriations and personnel.
Bill· HRH.R. 3915 (105th)referred
United States · United States Congress · 20 May 1998
Liberian Refugee Immigration Fairness Act of 1998 - Provides for the permanent resident status adjustment of certain Liberian nationals who were granted, or are eligible to apply for, temporary protected status as of a specified date.
Bill· HRH.R. 3858 (105th)referred
United States · United States Congress · 13 May 1998
Border Protection and Infrastructure Act of 1998 - Amends the Federal criminal code to prohibit and set penalties for committing (or attempting to commit) a crime of violence during and in relation to: (1) eluding customs, immigration, or agriculture inspection or failing to stop at the command of an officer of customs, immigration, or animal and plant and health inspection services; or (2) an intentional violation of specified arrival, reporting, entry, or clearance requirements (provides for imposition of a death sentence if death results). Specifies that if two or more persons conspire to commit such an offense, and one or more of such persons do any act to effect the object of the conspiracy, each shall be punishable as a principal, except that the death sentence may not be imposed. (Sec. 3) Increases the penalty for entry of goods by means of false statements. (Sec. 4) Prohibits the master, operator, or person in charge of a vessel of, or subject to the jurisdiction of, the United States from failing to obey an order to heave to that vessel upon being ordered to do so by an authorized Federal law enforcement officer. Prohibits any person on board from knowingly or willfully: (1) failing to comply with an order of such an officer in connection with the boarding of the vessel; (2) impeding or obstructing a boarding, arrest, or other law enforcement action authorized by Federal law; or (3) providing false information to such an officer during a boarding regarding the vessel's destination, origin, ownership, registration, nationality, cargo, or crew. Prohibits the pilot, operator, or person in charge of an aircraft which has crossed the U.S. border, or an aircraft subject to U.S. jurisdiction operating outside the United States, from knowingly failing to obey an order to land by such an officer who is enforcing U.S. laws relating to controlled substances or money laundering. Directs the Administrator of the Federal Aviation Administration to prescribe regulations governing the means by, and circumstances under which, such an officer may communicate an order to land. Authorizes a foreign nation to consent or waive objection to such enforcement of U.S. law by the United States by international agreement or, on a case-by-case basis, by radio, telephone, or similar oral or electronic means. Sets penalties for intentional violations. Authorizes seizure and forfeiture to the United States of an aircraft or vessel used in violations. (Sec. 5) Establishes civil penalties for failure to comply with vessel boarding. (Sec. 6) Directs the Attorney General to increase the number of positions for full-time, active-duty border patrol agents within the Immigration and Naturalization Service to achieve a level of 20,000 positions by FY 2003. (Sec. 7) Prohibits a U.S. Border Patrol agent, within ten miles of the U.S. international border, from ceasing pursuit of an alien suspecting of unlawfully entering the United States, or of an individual suspected of unlawfully importing a narcotic into the United States, until State or local law enforcement authorities are in pursuit of the alien or individual and have the alien or individual in their visual range. (Sec. 8) Authorizes: (1) the Border Patrol to interdict the importation of narcotics; and (2) the Attorney General to install multi-layered barriers and roads in the U.S. border vicinity to deter drug trafficking in high drug trafficking areas. Authorizes appropriations.
Bill· HRH.R. 3736 (105th)open
United States · United States Congress · 28 April 1998
Workforce Improvement and Protection Act of 1998 - Amends the Immigration and Nationality Act to temporarily increase the annual number of skilled foreign worker H-1B visas. Obligates (from such allocation) specified visas for nonphysician health care workers. (Sec. 3) Requires a prospective employer to include in the H-1B admission application: (1) specified protections against U.S. worker displacement; and (2) demonstration of a good faith effort to recruit U.S. workers. (Sec. 4) States that with regard to an "H-1B-dependent employer" (as defined by this Act) only the Secretary of Labor may file a complaint for application violations (no private right of action). (Sec. 5) Revises specified enforcement and penalty provisions.
Bill· SS. 1961 (105th)open
United States · United States Congress · 21 April 1998
Declares a named individual to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act upon payment of the required visa fees.
Bill· SS. 1926 (105th)open
United States · United States Congress · 2 April 1998
Classifies a named individual as a child upon approval of a petition for immediate relative status filed under the Immigration and Nationality Act.
Bill· SS. 1916 (105th)open
United States · United States Congress · 2 April 1998
Declares two named individuals to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act upon payment of the required visa fees.
Bill· SS. 1895 (105th)referred
United States · United States Congress · 1 April 1998
Declares five named individuals to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act upon payment of the required visa fees.
Bill· HRH.R. 3679 (105th)referred
United States · United States Congress · 1 April 1998
Authorizes additional appropriations for personnel and equipment for the United States Customs Service and the Immigration and Naturalization Service.
Bill· HRH.R. 3691 (105th)referred
United States · United States Congress · 1 April 1998
Declares five named individuals to be eligible for issuance of immigrant visas or for adjustment of status to that of aliens lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.
Bill· SS. 1890 (105th)referred
United States · United States Congress · 31 March 1998
TABLE OF CONTENTS: Title I: Health Insurance Bill of Rights Subtitle A: Access to Care Subtitle B: Quality Assurance Subtitle C: Patient Information Subtitle D: Grievance and Appeals Procedure Subtitle E: Protecting the Doctor-Patient Relationship Subtitle F: Promoting Good Medical Practice Subtitle G: Definitions Title II: Application of Patient Protection Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act Title III: Amendments to the Employee Retirement Income Security Act of 1974 Title IV: Effective Dates; Coordination In Implementation. Patients' Bill of Rights Act of 1998 - Title I: Health Insurance Bill of Rights - Subtitle A: Access to Care - Requires any group health plan, or health insurance coverage offered by a health insurance issuer, providing emergency services benefits to cover emergency services furnished: (1) without the need for any prior authorization determination; (2) whether or not the health care provider furnishing such services is a participating health care provider; and (3) without regard to any other term or condition of such coverage (other than exclusion or coordination of benefits, or an affiliation or waiting period, permitted under the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), or the Internal Revenue Code, and other than applicable cost-sharing). (Sec. 101) Requires such coverage in a manner so that, if the emergency services are provided by a nonparticipating health care provider: (1) the participant, beneficiary, or enrollee is not liable for amounts exceeding the liability that would be incurred if the services were provided by a participating provider; and (2) the plan or issuer pays an amount that is not less than the amount paid to a participating provider for the same services. Prescribes the same coverage for maintenance care or post-stabilization care (subject to certain guidelines) by nonparticipating health care providers. (Sec. 102) Requires a plan or coverage that provides benefits only through participating providers to offer a participant the option to purchase point-of-service coverage for benefits provided by a nonparticipating provider, unless the plan offers the participant: (1) a choice of health insurance coverage through more than one health insurance issuer; or (2) two or more coverage options that differ significantly with respect to the use of participating providers or the networks of such providers that are used. (Sec. 103) Requires any plan and any health insurance issuer to permit each participant, beneficiary, and enrollee to receive: (1) primary care from any participating primary care provider available to accept such individual; and (2) (unless the plan or issuer clearly declares choice limitations) medically necessary or appropriate specialty care, pursuant to appropriate referral procedures, from any qualified participating provider available to accept such individual for such care. (Sec. 104) Requires any plan or issuer that requires or provides for designation of a participating primary care provider to permit a female participant, beneficiary, or enrollee to designate a participating physician who specializes in obstetrics and gynecology as the individual's primary care provider. Prohibits the plan or issuer, in the absence of such a designation, from requiring authorization or a referral by the individual's primary care provider or otherwise for coverage of routine gynecological care (such as preventive women's health examinations) and pregnancy-related services provided by a participating specialist in obstetrics and gynecology to the extent such care is otherwise covered. Permits a plan or issuer to treat the ordering of other gynecological care by such a participating physician as the primary care provider's authorization of such care. Requires the plan or issuer to refer to an available and accessible specialist any participant, beneficiary, or enrollee with a condition or disease of sufficient seriousness and complexity to require treatment by a specialist, and benefits for such treatment are covered. Requires a plan or issuer to refer an individual to a nonparticipating specialist: (1) only if a participating specialist is not available and accessible; and (2) only at no additional cost to the individual. Requires a plan or issuer to have a procedure by which an individual with an ongoing special condition (life-threatening, degenerative, or disabling) may be referred to a specialist who shall be responsible for and capable of providing and coordinating the individual's primary and specialty care, without referral from the individual's primary care provider. Requires standing referrals to a specialist for any condition requiring ongoing specialist care. (Sec. 105) Prescribes requirements for continuity of care for participants, beneficiaries, or enrollees in the event of a termination of a health care provider or of the contract between a plan and an issuer. (Sec. 106) Prescribes requirements for participation in approved clinical trials of individuals with life-threatening or serious illnesses for which no standard treatment is effective. Prohibits denial of participation in such trials, or discrimination against participants. Limits plan or issuer payments to routine patient costs. (Sec. 107) Requires any plan or issuer that provides prescription drug benefits limited to drugs included in a formulary to: (1) ensure participation of participating physicians and pharmacists in the development of the formulary; (2) disclose to providers, and upon request to participants, beneficiaries, and enrollees, the nature of the formulary restrictions; and (3) consistent with the standards for a utilization review program, provide for exceptions from the formulary limitation when a non-formulary alternative is medically indicated. Prohibits a plan or issuer from denying coverage of such a drug or device on the basis that the use is investigational, if certain labeling requirements are met. (Sec. 108) Requires each plan and issuer to have (in relation to the coverage) a sufficient number, distribution, and variety of qualified participating providers to ensure that all covered health care services, including specialty services, will be available and accessible in a timely manner to all participants, beneficiaries, and enrollees. Permits inclusion among such providers of Federally qualified health centers, rural health clinics, migrant health centers, and other essential community providers located in the service area. Requires inclusion of such providers if necessary to meet such number, distribution, and variety requirements. (Sec. 109) Prescribes nondiscrimination requirements. Subtitle B: Quality Assurance - Directs each plan and issuer to establish an ongoing, internal quality assurance and continuous quality improvement program meeting specified requirements. (Sec. 112) Requires each plan and issuer to: (1) collect uniform quality data, including a minimum uniform data set specified by the Secretary of Health and Human Services; (2) have a written process for the selection of participating health care professionals, including minimum professional requirements; and (3) establish and maintain, as part of any internal quality assurance and continuous quality improvement program including prescription drug benefits, a drug utilization program which encourages appropriate drug use and takes appropriate action to reduce the incidence of improper drug use and adverse drug reactions and interactions. (Sec. 115) Requires each plan and issuer to conduct (or arrange for qualified outside agents to conduct) benefit utilization review activities only in accordance with a utilization review program that meets certain requirements. Prohibits a program from permitting or providing contingent compensation arrangements with its employees, agents, or contractors in a manner that: (1) provides incentives, direct or indirect, for such persons to make inappropriate review decisions; or (2) is based, directly or indirectly, on the quantity or type of adverse determinations rendered. Requires a utilization review program to make determinations and notifications concerning: (1) prior authorization services within three business days after receiving any necessary information; (2) authorization for continued or extended health care services within one business day after receipt of such information; and (3) retrospective review of services previously provided, within 30 days of such receipt. (Sec. 116) Directs the President to establish an advisory board to provide information to Congress and the administration on issues relating to quality monitoring and improvement in the health care provided under group health plans and health insurance coverage. Subtitle C: Patient Information - Specifies benefits, access, emergency coverage, prior authorization, grievance and appeals, and other pertinent information which plans and issuers shall provide to participants and beneficiaries at the time of initial coverage, annually, within a reasonable period before or after the date of significant changes, and upon request. (Sec. 122) Requires plans and issuers to establish procedures to: (1) safeguard the privacy of any individually identifiable enrollee information; (2) maintain records and information in an accurate and timely manner; and (3) assure individuals timely access to such records and information. (Sec. 123) Provides for grants to States for creation and operation of a Health Insurance Ombudsman. Requires any State receiving such a grant to contract for such an Ombudsman with a not-for-profit organization that operates independent of group health plans and health insurance issuers. Requires the Secretary to provide through such a contract for an Ombudsman in any State that does not provide for one. Makes such an Ombudsman responsible to: (1) assist consumers in choosing among health insurance coverage or among coverage options offered within group health plans; and (2) provide counseling and assistance to enrollees dissatisfied with their treatment by issuers and plans, and with respect to grievances and appeals of coverage or plan determinations. Subtitle D: Grievances and Appeals Procedures - Requires each plan and issuer to establish a system for the presentation and resolution of oral and written grievances brought by participants, beneficiaries, or enrollees, or health care providers or other individuals acting on behalf of an individual and with the individual's consent. Requires the system to include grievances regarding access to and availability of services, quality of care, choice and accessibility of providers, network adequacy, and compliance with the requirements of this title. (Sec. 132) Requires each plan and issuer to establish an internal appeals process, and provide for an external appeals process, which meet certain requirements. Specifies the appeal rights of participants, beneficiaries, and their representatives, as well as the kinds of decisions which are appealable. Subtitle E: Protecting the Doctor-Patient Relationship - Prohibits any contract or agreement between a plan or issuer and a health care provider from: (1) prohibiting or restricting the provider from engaging in medical communications with the provider's patient; or (2) containing any provision purporting to transfer to the health care provider by indemnification or otherwise any liability relating to activities, actions, or omissions of the plan, issuer, or agent (as opposed to the provider). Declares null and void any such contract or agreement provisions. (Sec. 142) Prohibits any plan or issuer from operating any physician incentive plan that does not meet certain requirements under title XVIII (Medicare) of the Social Security Act. (Sec. 143) Requires any plan or issuer to establish reasonable procedures relating to the participation of health care professionals, including notice of participation rules, written notice of adverse participation decisions, and a process for appealing adverse decisions. (Sec. 144) Prohibits a plan or an issuer from retaliating against a participant, beneficiary, enrollee, or health care provider based on use of, or participation in, a utilization review or a grievance process. Prohibits a plan or an issuer from retaliating or discriminating against a protected health care professional because the professional in good faith: (1) discloses information relating to the care, services, or conditions affecting one or more participants, beneficiaries, or enrollees to an appropriate public regulatory agency, private accreditation body, or management personnel of the plan or issuer; or (2) initiates, cooperates, or otherwise participates in an investigation or proceeding by such an agency with respect to such care, services, or conditions. Defines good faith action. Subtitle F: Promoting Good Medical Practice - Prohibits a plan or issuer from arbitrarily interfering with or altering the decision of the treating physician regarding the manner or setting in which particular covered services are delivered if they are medically necessary or appropriate for treatment or diagnosis. Allows a plan or issuer to limit the delivery of services to one or more providers within a network. (Sec. 152) Prescribes standards for benefits for certain breast cancer treatments. Prohibits a plan or issuer from restricting benefits for any hospital length of stay: (1) in connection with a mastectomy to less than 48 hours; or (2) in connection with a lymph node dissection for the treatment of breast cancer to less than 24 hours. Prohibits a plan or issuer from requiring a provider to obtain its authorization for prescribing any such length of stay. Permits a discharge before expiration of the minimum length of stay otherwise required, if the decision is made by the attending provider in consultation with the woman involved, or in a case involving a partial mastectomy without lymph node dissection. Prohibits a plan or issuer from: (1) denying to a woman eligibility to enroll or renew coverage solely for the purpose of avoiding the requirements of this title; (2) providing monetary payments or rebates to encourage women to accept less than the minimum protections available under this title; (3) penalizing or otherwise reducing or limiting reimbursement because an attending provider gave care to a participant or beneficiary in accordance with this title; (4) providing incentives (monetary or otherwise) to induce an attending provider to provide care to a participant or beneficiary in a manner inconsistent with this title; or (5) restricting benefits (other than imposing deductibles, coinsurance, or other cost-sharing) for any portion of a period within a required hospital length of stay in a manner less favorable than the benefits provided for any preceding portion of such stay. (Sec. 153) Requires a plan or issuer to provide coverage for reconstructive breast surgery resulting from a mastectomy, including coverage: (1) for all stages of reconstructive breast surgery performed on a nondiseased breast to establish symmetry with the diseased when reconstruction on the diseased breast is performed; and (2) of prostheses and complications of mastectomy, including lymphedema. Prohibits denial of coverage on the basis that it is for cosmetic surgery. Subtitle G: Definitions - Sets forth definitions. Title II: Application of Patient Protection Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act - Amends the Public Health Service Act to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 202) Requires each health insurance issuer to comply with such requirements with respect to individual health insurance coverage. Title III: Amendments to the Employee Retirement Income Security Act of 1974 - Amends ERISA to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 302) Provides that nothing in ERISA shall be construed to invalidate, impair, or supersede any cause of action under State law to recover damages resulting from personal injury or wrongful death against any person (except employers and other plan sponsors): (1) in connection with the provision of insurance, administrative services, or medical services by that person to or for a group health plan; or (2) that arises out of the arrangement by that person for the provision of insurance, administrative services, or medical services by other persons. Allows such an action against an employer or other plan sponsor only if it is based on the employer's or sponsor's exercise of discretionary authority to decide a claim for covered benefits, and such exercise resulted in personal injury or wrongful death. Title IV: Effective Dates; Coordination in Implementation - Sets forth effective dates for provisions of this Act. (Sec. 402) Amends the Health Insurance Portability and Accountability Act of 1996 to provide for coordination in the implementation of this Act.
Bill· SS. 1891 (105th)referred
United States · United States Congress · 31 March 1998
TABLE OF CONTENTS: Title I: Health Insurance Bill of Rights Subtitle A: Access to Care Subtitle B: Quality Assurance Subtitle C: Patient Information Subtitle D: Grievance and Appeals Procedures Subtitle E: Protecting the Doctor-Patient Relationship Subtitle F: Promoting Good Medical Practice Subtitle G: Definitions Title II: Application to Group Health Plans Under the Internal Revenue Code of 1986 Title III: Effective Dates; Coordination in Implementation Patients' Bill of Rights Act of 1998 - Title I: Health Insurance Bill of Rights - Subtitle A: Access to Care - Requires any group health plan, or health insurance coverage offered by a health insurance issuer, providing emergency services benefits to cover emergency services furnished: (1) without the need for any prior authorization determination; (2) whether or not the health care provider furnishing such services is a participating health care provider; and (3) without regard to any other term or condition of such coverage (other than exclusion or coordination of benefits, or an affiliation or waiting period, permitted under the Public Health Service Act, the Employee Retirement Income Security Act of 1974, or the Internal Revenue Code, and other than applicable cost-sharing). (Sec. 101) Requires such coverage in a manner so that, if the emergency services are provided by a nonparticipating health care provider: (1) the participant, beneficiary, or enrollee is not liable for amounts exceeding the liability that would be incurred if the services were provided by a participating provider; and (2) the plan or issuer pays an amount that is not less than the amount paid to a participating provider for the same services. Prescribes the same coverage for maintenance care or post-stabilization care (subject to certain guidelines) by nonparticipating health care providers. (Sec. 102) Requires a plan or coverage that provides benefits only through participating providers to offer a participant the option to purchase point-of-service coverage for benefits provided by a nonparticipating provider, unless the plan offers the participant: (1) a choice of health insurance coverage through more than one health insurance issuer; or (2) two or more coverage options that differ significantly with respect to the use of participating providers or the networks of such providers that are used. (Sec. 103) Requires any plan and any health insurance issuer to permit each participant, beneficiary, and enrollee to receive: (1) primary care from any participating primary care provider available to accept such individual; and (2) (unless the plan or issuer clearly declares choice limitations) medically necessary or appropriate specialty care, pursuant to appropriate referral procedures, from any qualified participating provider available to accept such individual for such care. (Sec. 104) Requires any plan or issuer that requires or provides for designation of a participating primary care provider to permit a female participant, beneficiary, or enrollee to designate a participating physician who specializes in obstetrics and gynecology as the individual's primary care provider. Prohibits the plan or issuer, in the absence of such a designation, from requiring authorization or a referral by the individual's primary care provider or otherwise for coverage of routine gynecological care (such as preventive women's health examinations) and pregnancy-related services provided by a participating specialist in obstetrics and gynecology to the extent such care is otherwise covered. Permits a plan or issuer to treat the ordering of other gynecological care by such a participating physician as the primary care provider's authorization of such care. Requires the plan or issuer to refer to an available and accessible specialist any participant, beneficiary, or enrollee with a condition or disease of sufficient seriousness and complexity to require treatment by a specialist, and benefits for such treatment are covered. Requires a plan or issuer to refer an individual to a nonparticipating specialist: (1) only if a participating specialist is not available and accessible; and (2) only at no additional cost to the individual. Requires a plan or issuer to have a procedure by which an individual with an ongoing special condition (life-threatening, degenerative, or disabling) may be referred to a specialist who shall be responsible for and capable of providing and coordinating the individual's primary and specialty care, without referral from the individual's primary care provider. Requires standing referrals to a specialist for any condition requiring ongoing specialist care. (Sec. 105) Prescribes requirements for continuity of care for participants, beneficiaries, or enrollees in the event of a termination of a health care provider or of the contract between a plan and an issuer. (Sec. 106) Prescribes requirements for participation in approved clinical trials of individuals with life-threatening or serious illnesses for which no standard treatment is effective. Prohibits denial of participation in such trials, or discrimination against participants. Limits plan or issuer payments to routine patient costs. (Sec. 107) Requires any plan or issuer that provides prescription drug benefits limited to drugs included in a formulary to: (1) ensure participation of participating physicians and pharmacists in the development of the formulary; (2) disclose to providers, and upon request to participants, beneficiaries, and enrollees, the nature of the formulary restrictions; and (3) consistent with the standards for a utilization review program, provide for exceptions from the formulary limitation when a non-formulary alternative is medically indicated. Prohibits a plan or issuer from denying coverage of such a drug or device on the basis that the use is investigational, if certain labeling requirements are met. (Sec. 108) Requires each plan and issuer to have (in relation to the coverage) a sufficient number, distribution, and variety of qualified participating providers to ensure that all covered health care services, including specialty services, will be available and accessible in a timely manner to all participants, beneficiaries, and enrollees. Permits inclusion among such providers of federally qualified health centers, rural health clinics, migrant health centers, and other essential community providers located in the service area. Requires inclusion of such providers if necessary to meet such number, distribution, and variety requirements. (Sec. 109) Prescribes nondiscrimination requirements. Subtitle B: Quality Assurance - Directs each plan and issuer to establish an ongoing, internal quality assurance and continuous quality improvement program meeting specified requirements. (Sec. 112) Requires each plan and issuer to: (1) collect uniform quality data, including a minimum uniform data set specified by the Secretary of Health and Human Services; (2) have a written process for the selection of participating health care professionals, including minimum professional requirements; and (3) establish and maintain, as part of any internal quality assurance and continuous quality improvement program including prescription drug benefits, a drug utilization program which encourages appropriate drug use and takes appropriate action to reduce the incidence of improper drug use and adverse drug reactions and interactions. (Sec. 115) Requires each plan and issuer to conduct (or arrange for qualified outside agents to conduct) benefit utilization review activities only in accordance with a utilization review program that meets certain requirements. Prohibits a program from permitting or providing contingent compensation arrangements with its employees, agents, or contractors in a manner that: (1) provides incentives, direct or indirect, for such persons to make inappropriate review decisions; or (2) is based, directly or indirectly, on the quantity or type of adverse determinations rendered. Requires a utilization review program to make determinations and notifications concerning: (1) prior authorization services within three business days after receiving any necessary information; (2) authorization for continued or extended health care services within one business day after receipt of such information; and (3) retrospective review of services previously provided, within 30 days of such receipt. (Sec. 116) Directs the President to establish an advisory board to provide information to Congress and the administration on issues relating to quality monitoring and improvement in the health care provided under group health plans and health insurance coverage. Subtitle C: Patient Information - Specifies benefits, access, emergency coverage, prior authorization, grievance and appeals, and other pertinent information which plans and issuers shall provide to participants and beneficiaries at the time of initial coverage, annually, within a reasonable period before or after the date of significant changes, and upon request. (Sec. 122) Requires plans and issuers to establish procedures to: (1) safeguard the privacy of any individually identifiable enrollee information; (2) maintain records and information in an accurate and timely manner; and (3) assure individuals timely access to such records and information. (Sec. 123) Provides for grants to States for creation and operation of a Health Insurance Ombudsman. Requires any State receiving such a grant to contract for such an Ombudsman with a not-for-profit organization that operates independent of group health plans and health insurance issuers. Requires the Secretary to provide through such a contract for an Ombudsman in any State that does not provide for one. Makes such an Ombudsman responsible to: (1) assist consumers in choosing among health insurance coverage or among coverage options offered within group health plans; and (2) provide counseling and assistance to enrollees dissatisfied with their treatment by issuers and plans, and with respect to grievances and appeals of coverage or plan determinations. Subtitle D: Grievances and Appeals Procedures - Requires each plan and issuer to establish a system for the presentation and resolution of oral and written grievances brought by participants, beneficiaries, or enrollees, or health care providers or other individuals acting on behalf of an individual and with the individual's consent. Requires the system to include grievances regarding access to and availability of services, quality of care, choice and accessibility of providers, network adequacy, and compliance with the requirements of this title. (Sec. 132) Requires each plan and issuer to establish an internal appeals process, and provide for an external appeals process, which meet certain requirements. Specifies the appeal rights of participants, beneficiaries, and their representatives, as well as the kinds of decisions which are appealable. Subtitle E: Protecting the Doctor-Patient Relationship - Prohibits any contract or agreement between a plan or issuer and a health care provider from: (1) prohibiting or restricting the provider from engaging in medical communications with the provider's patient; or (2) containing any provision purporting to transfer to the health care provider by indemnification or otherwise any liability relating to activities, actions, or omissions of the plan, issuer, or agent (as opposed to the provider). Declares null and void any such contract or agreement provisions. (Sec. 142) Prohibits any plan or issuer from operating any physician incentive plan that does not meet certain requirements under title XVIII (Medicare) of the Social Security Act. (Sec. 143) Requires any plan or issuer to establish reasonable procedures relating to the participation of health care professionals, including notice of participation rules, written notice of adverse participation decisions, and a process for appealing adverse decisions. (Sec. 144) Prohibits a plan or an issuer from retaliating against a participant, beneficiary, enrollee, or health care provider based on use of, or participation in, a utilization review or a grievance process. Prohibits a plan or an issuer from retaliating or discriminating against a protected health care professional because the professional in good faith: (1) discloses information relating to the care, services, or conditions affecting one or more participants, beneficiaries, or enrollees to an appropriate public regulatory agency, private accreditation body, or management personnel of the plan or issuer; or (2) initiates, cooperates, or otherwise participates in an investigation or proceeding by such an agency with respect to such care, services, or conditions. Defines good faith action. Subtitle F: Promoting Good Medical Practice - Prohibits a plan or issuer from arbitrarily interfering with or altering the decision of the treating physician regarding the manner or setting in which particular covered services are delivered if they are medically necessary or appropriate for treatment or diagnosis. Allows a plan or issuer to limit the delivery of services to one or more providers within a network. (Sec. 152) Prescribes standards for benefits for certain breast cancer treatments. Prohibits a plan or issuer from restricting benefits for any hospital length of stay: (1) in connection with a mastectomy to less than 48 hours; or (2) in connection with a lymph node dissection for the treatment of breast cancer to less than 24 hours. Prohibits a plan or issuer from requiring a provider to obtain its authorization for prescribing any such length of stay. Permits a discharge before expiration of the minimum length of stay otherwise required, if the decision is made by the attending provider in consultation with the woman involved, or in a case involving a partial mastectomy without lymph node dissection. Prohibits a plan or issuer from: (1) denying to a woman eligibility to enroll or renew coverage solely for the purpose of avoiding the requirements of this title; (2) providing monetary payments or rebates to encourage women to accept less than the minimum protections available under this title; (3) penalizing or otherwise reducing or limiting reimbursement because an attending provider gave care to a participant or beneficiary in accordance with this title; (4) providing incentives (monetary or otherwise) to induce an attending provider to provide care to a participant or beneficiary in a manner inconsistent with this title; or (5) restricting benefits (other than imposing deductibles, coinsurance, or other cost-sharing) for any portion of a period within a required hospital length of stay in a manner less favorable than the benefits provided for any preceding portion of such stay. (Sec. 153) Requires a plan or issuer to provide coverage for reconstructive breast surgery resulting from a mastectomy, including coverage: (1) for all stages of reconstructive breast surgery performed on a nondiseased breast to establish symmetry with the diseased when reconstruction on the diseased breast is performed; and (2) of prostheses and complications of mastectomy, including lymphedema. Prohibits denial of coverage on the basis that it is for cosmetic surgery. Subtitle G: Definitions - Sets forth definitions. Title II: Application to Group Health Plans Under the Internal Revenue Code of 1986 - Amends the Internal Revenue Code to require a group health plan to comply with this Act. Deems this Act to be incorporated into the Internal Revenue Code. Title III: Effective Dates; Coordination in Implementation - Sets forth effective dates for provisions of this Act.
Bill· HRH.R. 3605 (105th)referred
United States · United States Congress · 31 March 1998
TABLE OF CONTENTS: Title I: Health Insurance Bill of Rights Subtitle A: Access to Care Subtitle B: Quality Assurance Subtitle C: Patient Information Subtitle D: Grievance and Appeals Procedures Subtitle E: Protecting the Doctor-Patient Relationship Subtitle F: Promoting Good Medical Practice Subtitle G: Definitions Title II: Application of Patient Protection Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act Title III: Amendments to the Employee Retirement Income Security Act of 1974 Title IV: Application to Group Health Plans Under the Internal Revenue Code of 1986 Title V: Effective Dates; Coordination in Implementation Patients' Bill of Rights Act of 1998 - Title I: Health Insurance Bill of Rights - Subtitle A: Access to Care - Requires any group health plan, or health insurance coverage offered by a health insurance issuer, providing emergency services benefits to cover emergency services furnished: (1) without the need for any prior authorization determination; (2) whether or not the health care provider furnishing such services is a participating health care provider; and (3) without regard to any other term or condition of such coverage (other than exclusion or coordination of benefits, or an affiliation or waiting period, permitted under the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), or the Internal Revenue Code, and other than applicable cost-sharing). Requires such coverage in a manner so that, if the emergency services are provided by a nonparticipating health care provider: (1) the participant, beneficiary, or enrollee is not liable for amounts exceeding the liability that would be incurred if the services were provided by a participating provider; and (2) the plan or issuer pays an amount that is not less than the amount paid to a participating provider for the same services. Prescribes the same coverage for maintenance care or post-stabilization care (subject to certain guidelines) by nonparticipating health care providers. (Sec. 102) Requires a plan or coverage that provides benefits only through participating providers to offer a participant the option to purchase point-of-service coverage for benefits provided by a nonparticipating provider, unless the plan offers the participant: (1) a choice of health insurance coverage through more than one health insurance issuer; or (2) two or more coverage options that differ significantly with respect to the use of participating providers or the networks of such providers that are used. (Sec. 103) Requires any plan and any health insurance issuer to permit each participant, beneficiary, and enrollee to receive: (1) primary care from any participating primary care provider available to accept such individual; and (2) (unless the plan or issuer clearly declares choice limitations) medically necessary or appropriate specialty care, pursuant to appropriate referral procedures, from any qualified participating provider available to accept such individual for such care. (Sec. 104) Requires any plan or issuer that requires or provides for designation of a participating primary care provider to permit a female participant, beneficiary, or enrollee to designate a participating physician who specializes in obstetrics and gynecology as the individual's primary care provider. Prohibits the plan or issuer, in the absence of such a designation, from requiring authorization or a referral by the individual's primary care provider or otherwise for coverage of routine gynecological care (such as preventive women's health examinations) and pregnancy-related services provided by a participating specialist in obstetrics and gynecology to the extent such care is otherwise covered. Permits a plan or issuer to treat the ordering of other gynecological care by such a participating physician as the primary care provider's authorization of such care. Requires the plan or issuer to refer to an available and accessible specialist any participant, beneficiary, or enrollee with a condition or disease of sufficient seriousness and complexity to require treatment by a specialist, and benefits for such treatment are covered. Requires a plan or issuer to refer an individual to a nonparticipating specialist: (1) only if a participating specialist is not available and accessible; and (2) only at no additional cost to the individual. Requires a plan or issuer to have a procedure by which an individual with an ongoing special condition (life-threatening, degenerative, or disabling) may be referred to a specialist who shall be responsible for and capable of providing and coordinating the individual's primary and specialty care, without referral from the individual's primary care provider. Requires standing referrals to a specialist for any condition requiring ongoing specialist care. (Sec. 105) Prescribes requirements for continuity of care for participants, beneficiaries, or enrollees in the event of a termination of a health care provider or of the contract between a plan and an issuer. (Sec. 106) Prescribes requirements for participation in approved clinical trials of individuals with life-threatening or serious illnesses for which no standard treatment is effective. Prohibits denial of participation in such trials, or discrimination against participants. Limits plan or issuer payments to routine patient costs. (Sec. 107) Requires any plan or issuer that provides prescription drug benefits limited to drugs included in a formulary to: (1) ensure participation of participating physicians and pharmacists in the development of the formulary; (2) disclose to providers, and upon request to participants, beneficiaries, and enrollees, the nature of the formulary restrictions; and (3) consistent with the standards for a utilization review program, provide for exceptions from the formulary limitation when a non-formulary alternative is medically indicated. Prohibits a plan or issuer from denying coverage of such a drug or device on the basis that the use is investigational, if certain labeling requirements are met. (Sec. 108) Requires each plan and issuer to have (in relation to the coverage) a sufficient number, distribution, and variety of qualified participating providers to ensure that all covered health care services, including specialty services, will be available and accessible in a timely manner to all participants, beneficiaries, and enrollees. Permits inclusion among such providers of federally qualified health centers, rural health clinics, migrant health centers, and other essential community providers located in the service area. Requires inclusion of such providers if necessary to meet such number, distribution, and variety requirements. (Sec. 109) Prescribes nondiscrimination requirements. Subtitle B: Quality Assurance - Directs each plan and issuer to establish an ongoing, internal quality assurance and continuous quality improvement program meeting specified requirements. (Sec. 112) Requires each plan and issuer to: (1) collect uniform quality data, including a minimum uniform data set specified by the Secretary of Health and Human Services; (2) have a written process for the selection of participating health care professionals, including minimum professional requirements; and (3) establish and maintain, as part of any internal quality assurance and continuous quality improvement program including prescription drug benefits, a drug utilization program which encourages appropriate drug use and takes appropriate action to reduce the incidence of improper drug use and adverse drug reactions and interactions. (Sec. 115) Requires each plan and issuer to conduct (or arrange for qualified outside agents to conduct) benefit utilization review activities only in accordance with a utilization review program that meets certain requirements. Prohibits a program from permitting or providing contingent compensation arrangements with its employees, agents, or contractors in a manner that: (1) provides incentives, direct or indirect, for such persons to make inappropriate review decisions; or (2) is based, directly or indirectly, on the quantity or type of adverse determinations rendered. Requires a utilization review program to make determinations and notifications concerning: (1) prior authorization services within three business days after receiving any necessary information; (2) authorization for continued or extended health care services within one business day after receipt of such information; and (3) retrospective review of services previously provided, within 30 days of such receipt. (Sec. 116) Directs the President to establish an advisory board to provide information to Congress and the administration on issues relating to quality monitoring and improvement in the health care provided under group health plans and health insurance coverage. Subtitle C: Patient Information - Specifies benefits, access, emergency coverage, prior authorization, grievance and appeals, and other pertinent information which plans and issuers shall provide to participants and beneficiaries at the time of initial coverage, annually, within a reasonable period before or after the date of significant changes, and upon request. (Sec. 122) Requires plans and issuers to establish procedures to: (1) safeguard the privacy of any individually identifiable enrollee information; (2) maintain records and information in an accurate and timely manner; and (3) assure individuals timely access to such records and information. (Sec. 123) Provides for grants to States for creation and operation of a Health Insurance Ombudsman. Requires any State receiving such a grant to contract for such an Ombudsman with a not-for-profit organization that operates independent of group health plans and health insurance issuers. Requires the Secretary to provide through such a contract for an Ombudsman in any State that does not provide for one. Makes such an Ombudsman responsible to: (1) assist consumers in choosing among health insurance coverage or among coverage options offered within group health plans; and (2) provide counseling and assistance to enrollees dissatisfied with their treatment by issuers and plans, and with respect to grievances and appeals of coverage or plan determinations. Subtitle D: Grievances and Appeals Procedures - Requires each plan and issuer to establish a system for the presentation and resolution of oral and written grievances brought by participants, beneficiaries, or enrollees, or health care providers or other individuals acting on behalf of an individual and with the individual's consent. Requires the system to include grievances regarding access to and availability of services, quality of care, choice and accessibility of providers, network adequacy, and compliance with the requirements of this title. (Sec. 132) Requires each plan and issuer to establish an internal appeals process, and provide for an external appeals process, which meet certain requirements. Specifies the appeal rights of participants, beneficiaries, and their representatives, as well as the kinds of decisions which are appealable. Subtitle E: Protecting the Doctor-Patient Relationship - Prohibits any contract or agreement between a plan or issuer and a health care provider from: (1) prohibiting or restricting the provider from engaging in medical communications with the provider's patient; or (2) containing any provision purporting to transfer to the health care provider by indemnification or otherwise any liability relating to activities, actions, or omissions of the plan, issuer, or agent (as opposed to the provider). Declares null and void any such contract or agreement provisions. (Sec. 142) Prohibits any plan or issuer from operating any physician incentive plan that does not meet certain requirements under title XVIII (Medicare) of the Social Security Act. (Sec. 143) Requires any plan or issuer to establish reasonable procedures relating to the participation of health care professionals, including notice of participation rules, written notice of adverse participation decisions, and a process for appealing adverse decisions. (Sec. 144) Prohibits a plan or an issuer from retaliating against a participant, beneficiary, enrollee, or health care provider based on use of, or participation in, a utilization review or a grievance process. Prohibits a plan or an issuer from retaliating or discriminating against a protected health care professional because the professional in good faith: (1) discloses information relating to the care, services, or conditions affecting one or more participants, beneficiaries, or enrollees to an appropriate public regulatory agency, private accreditation body, or management personnel of the plan or issuer; or (2) initiates, cooperates, or otherwise participates in an investigation or proceeding by such an agency with respect to such care, services, or conditions. Defines good faith action. Subtitle F: Promoting Good Medical Practice - Prohibits a plan or issuer from arbitrarily interfering with or altering the decision of the treating physician regarding the manner or setting in which particular covered services are delivered if they are medically necessary or appropriate for treatment or diagnosis. Allows a plan or issuer to limit the delivery of services to one or more providers within a network. (Sec. 152) Prescribes standards for benefits for certain breast cancer treatments. Prohibits a plan or issuer from restricting benefits for any hospital length of stay: (1) in connection with a mastectomy to less than 48 hours; or (2) in connection with a lymph node dissection for the treatment of breast cancer to less than 24 hours. Prohibits a plan or issuer from requiring a provider to obtain its authorization for prescribing any such length of stay. Permits a discharge before expiration of the minimum length of stay otherwise required, if the decision is made by the attending provider in consultation with the woman involved, or in a case involving a partial mastectomy without lymph node dissection. Prohibits a plan or issuer from: (1) denying to a woman eligibility to enroll or renew coverage solely for the purpose of avoiding the requirements of this title; (2) providing monetary payments or rebates to encourage women to accept less than the minimum protections available under this title; (3) penalizing or otherwise reducing or limiting reimbursement because an attending provider gave care to a participant or beneficiary in accordance with this title; (4) providing incentives (monetary or otherwise) to induce an attending provider to provide care to a participant or beneficiary in a manner inconsistent with this title; or (5) restricting benefits (other than imposing deductibles, coinsurance, or other cost-sharing) for any portion of a period within a required hospital length of stay in a manner less favorable than the benefits provided for any preceding portion of such stay. (Sec. 153) Requires a plan or issuer to provide coverage for reconstructive breast surgery resulting from a mastectomy, including coverage: (1) for all stages of reconstructive breast surgery performed on a nondiseased breast to establish symmetry with the diseased when reconstruction on the diseased breast is performed; and (2) of prostheses and complications of mastectomy, including lymphedema. Prohibits denial of coverage on the basis that it is for cosmetic surgery. Subtitle G: Definitions - Sets forth definitions. Title II: Application of Patient Protection Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act - Amends the Public Health Service Act to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 202) Requires each health insurance issuer to comply with such requirements with respect to individual health insurance coverage. Title III: Amendments to the Employee Retirement Income Security Act of 1974 - Amends ERISA to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 302) Provides that nothing in ERISA shall be construed to invalidate, impair, or supersede any cause of action under State law to recover damages resulting from personal injury or wrongful death against any person (except employers and other plan sponsors): (1) in connection with the provision of insurance, administrative services, or medical services by that person to or for a group health plan; or (2) that arises out of the arrangement by that person for the provision of insurance, administrative services, or medical services by other persons. Allows such an action against an employer or other plan sponsor only if it is based on the employer's or sponsor's exercise of discretionary authority to decide a claim for covered benefits, and such exercise resulted in personal injury or wrongful death. Title IV: Application to Group Health Plans Under the Internal Revenue Code of 1986 - Amends the Internal Revenue Code to require a group health plan to comply with this Act. Deems this Act to be incorporated into the Internal Revenue Code. Title V: Effective Dates; Coordination in Implementation - Sets forth effective dates for provisions of this Act. (Sec. 502) Amends the Health Insurance Portability and Accountability Act of 1996 to provide for coordination in the implementation of this Act.
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. 3595 (105th)open
United States · United States Congress · 30 March 1998
TABLE OF CONTENTS: Title I: Brownfield Remediation and Environmental Cleanup Subtitle A: Innocent Landowners and Prospective Purchaser Liability Subtitle B: Brownfield Remediation and Environmental Cleanup Subtitle C: State Voluntary Response Programs Title II: Liability Title III: Remedy Title IV: Community Participation and Human Health Subtitle A: Community Participation Subtitle B: Human Health Subtitle C: General Provisions Title V: Natural Resource Damages Title VI: Federal Facilities Title VII: State Roles Title VIII: Funding Title IX: Miscellaneous Title X: 5-Year Extension of Hazardous Substance Superfund Superfund Improvement Act of 1998 - Title I: Brownfield Remediation and Environmental Cleanup - Subtitle A: Innocent Landowners and Prospective Purchaser Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), with respect to defenses to liability of an owner of after-acquired property, to deem a person to have made (under current law, "undertaken") appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the President) and the person fulfills certain responsibilities concerning information compilation, exercise of appropriate care with respect to hazardous substances at the facility, and cooperation with those conducting response actions. (Sec. 102) Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of the prospective purchaser exemption and the facility's fair market value has increased above that which existed 180 days before the action was taken. (Sec. 103) Adds CERCLA provisions granting conditional exemptions from liability to persons owning or operating property contiguous to a release site. Subtitle B: Brownfield Remediation and Environmental Cleanup - Directs the Administrator (Administrator) of the Environmental Protection Agency (EPA) to establish a program to provide grants to local governments to inventory and conduct site assessments of brownfield sites. Defines a "brownfield site" as a parcel of land that contains or contained abandoned or under-used commercial or industrial facilities, the expansion or redevelopment of which is complicated by the presence or potential presence of hazardous substances, pollutants, or contaminants. Directs the Administrator to establish a program of grants to local governments for capitalization of loan programs for brownfield site cleanup by the locality or owner or prospective purchaser. Requires the Administrator to report to specified congressional committees on programs established under this subtitle. Authorizes appropriations from the Hazardous Substance Superfund (Superfund) to carry out such grant programs. Subtitle C: State Voluntary Response Programs - Adds provisions requiring the Administrator to provide technical and other assistance to States to establish and enhance State voluntary response programs, comprised of elements including public participation opportunities, oversight and enforcement authorities, and certification mechanisms. Authorizes appropriations from Superfund for FY 1999 through 2003 for such programs. Title II: Liability - Provides an exemption to liability, with exceptions, for response costs or actions with respect to National Priority List (NPL) facilities for certain small businesses whose liability is based solely on arranging for disposal, treatment, or transport of, or accepting, the hazardous substance concerned. Sets forth provisions regarding the preservation of certain contribution claims with respect to small businesses, a moratorium on the continuation or commencement of suits regarding such claims, and settlements with small businesses. Exempts from liability based solely on arrangement or acceptance provisions certain: (1) de micromis parties; and (2) individuals or small businesses or nonprofit organizations where the activities concerned involved municipal solid waste (MSW). Absolves of liability: (1) certain owners or operators who acquired the facility concerned by inheritance or bequest; (2) Federal, State, or municipal entities whose liability is based solely on ownership of a road or other right-of-way or transportation route over which hazardous substances are transported or on the granting of a business license; and (3) certain railroad owners or operators of spur tracks. Makes persons who commence recovery or contribution actions after this Act's enactment against parties not liable due to small business, de micromis, or MSW exemptions described above liable for all reasonable costs of defending such actions. Limits liability for certain tax-exempt organizations that receive an affected vessel or facility as a charitable contribution. Makes municipalities currently liable for response costs on the basis of ownership or operation of a municipal landfill listed on the NPL on or before October 1, 1997, eligible for settlements. Limits liability to 20 percent of total response costs, but authorizes the President to increase such percentage to up to 35 percent under certain conditions. Authorizes the President to require such municipalities to perform or participate in response actions at the facility. Considers two or more municipalities that jointly own or operate a facility to be a single owner for purposes of calculating settlement offers. Authorizes the President to require such municipalities to waive some or all claims or causes of action against other potentially responsible parties (PRPs) with respect to a site. Conditions eligibility for limited municipal liability on the acts or omissions giving rise to liability having occurred before a date two years after this Act's enactment or on the municipality participating in a qualified household hazardous waste disposal program by such date. Sets forth cases in which the President may decline to offer such settlements. Makes liable parties who fail to take proper remedial or response actions liable to the United States for response costs incurred as a result of such failure to take action, in addition to potential punitive damages authorized under existing law. (Sec. 203) Extends certain provisions relating to surety bonds with respect to direct Federal procurement of response actions. (Sec. 204) Adds to the list of parties eligible for expedited final settlements: (1) persons whose liability is based on arranging for disposal, treatment, transport of, or on accepting, MSW or municipal sewage sludge at an NPL facility; and (2) persons, small businesses, or municipalities who demonstrate an inability or limited ability to pay response costs. Revises conditions of eligibility for such settlements for de minimis parties. Makes municipalities that arranged for disposal, treatment, or transport of, or that accepted, such waste or sludge that are also liable as owners or operators eligible for expedited settlements as well. Permits the President to consider alternative payment methods for small businesses that are unable to pay settlement amounts immediately. Authorizes the President to require, as a condition of expedited settlements, that a PRP waive some or all of the claims or causes of action that the party may have against other PRPs relating to the site. Establishes a moratorium on litigation for recovery or contribution of response costs from certain persons eligible for expedited settlements within a specified time frame. (Sec. 205) Expands information regarding concerned facilities that may be required to be provided to Federal employees or officials. Authorizes the Administrator to issue subpoenas to obtain information related to facilities or cleanups. Makes information obtained pursuant to contracts to perform work available to the public, with exceptions. Sets forth confidentiality requirements for Government contractors with respect to such information. (Sec. 206) Authorizes the President to amend or issue administrative orders, without determining that there may be an imminent and substantial endangerment, to complete, or require additional, response actions necessary to respond to a release or threatened release. (Sec. 207) Revises contribution provisions to require an action by a PRP against another PRP for recovery of costs to be commenced within the later of: (1) three years after completion of a removal action or within six years after initiation of physical on-site construction for a remedial action (unless such remedial action has been the subject of a previous cost recovery action); or (2) three years after the date of judgment in any action for recovery or the date of any administrative order or judicial settlement for recovery of costs or damages paid. (Sec. 208) Requires the Administrator, after conducting any settlement negotiation, to initiate the allocation process for each mandatory allocation. Defines a "mandatory allocation" as an allocation of liability at a non-federally-owned NPL vessel or facility: (1) for which the Administrator selects a remedial action after March 30, 1998; (2) for which the Administrator estimates that future response costs for such action will exceed $3 million; and (3) that involves two or more unaffiliated PRPs. Permits the Administrator to use any part of the allocation process to promote a settlement with respect to response actions that are not subject to mandatory allocations. Excludes from the allocation process remedial actions: (1) for which there are settlement or consent decrees with parties (other than de minimis parties or parties that settled on the basis of an inability to pay); (2) that are being addressed by a unilateral order issued by the Administrator before this Act's enactment; (3) for which all PRPs are liable as owners or operators; or (4) that are being carried out by a State. Applies mandatory allocations to: (1) response costs relating to the remedial action incurred after this Act's enactment date; and (2) unrecovered remedial investigation and feasibility study costs relating to the action incurred by the United States prior to such enactment. Establishes a moratorium on litigation for recovery of response costs or contributions in connection with remedial actions subject to mandatory allocation until 60 days after completion of allocation procedures. Stays pending actions until such prescribed period unless the court determines that a stay will result in manifest injustice. Permits the Attorney General to commence a civil action against a PRP or allocation party at any time if at the same time the Attorney General files a judicial consent decree resolving the liability of such a party. Sets forth requirements concerning the allocation process. Permits PRPs to nominate additional PRPs. Directs the United States, with respect to response actions that would otherwise be subject to mandatory allocation, to reimburse PRPs that agree to perform the response action and to acceptable settlement terms, for 100 percent of the orphan share, subject to the availability of funds. Requires the Administrator to initiate the allocation process at the request of any PRP that has not resolved liability and after the conclusion of any settlement negotiations. Provides that the allocation process shall not be required if a settlement is reached that resolves at least 70 percent of the total costs of the action that would be the subject of allocation. Describes allocation parties. Requires the Administrator and the allocation parties to select a neutral, third-party allocator. Subjects Federal PRPs to the allocation process in the same manner as such process is applied to other PRPs. Requires the allocator to provide a final allocation report to the Administrator, the Attorney General, and each allocation party that specifies the estimated contribution share of each party and any orphan share. Limits the admissibility in court of such report except for purposes of supporting a settlement between the United States and an allocation party. Authorizes the Administrator to require PRPs that did not enter into a settlement during pre-allocation negotiations to pay the costs of the allocation process. Sets forth confidentiality requirements with respect to information submitted to the allocator. Prescribes civil penalties for failures to maintain confidentiality of information. Describes authorities of the allocator with respect to information gathering. Sets forth: (1) conditions under which the Administrator and the Attorney General may reject the allocator's report; (2) requirements for settlements based on allocations; and (3) provisions regarding reimbursement. Makes specified amounts available from Superfund for funding orphan share contributions in FY 1999 through 2003. Authorizes the Attorney General to commence actions against parties that fail to resolve liability during pre-allocation negotiations or after allocation. Makes nonsettling parties subject to strict, joint, and several liability for unrecovered response costs, including costs of federally funded orphan and nonsettling party shares. Permits the President to: (1) file a proof of claim or take other action in a bankruptcy proceeding; (2) require performance of a response action at a facility subject to a mandatory allocation during the allocation process; or (3) file any actions necessary to prevent dissipation of a PRP's assets. Directs the Administrator to report annually to the Congress on funds made available to address orphan shares and shares of nonsettling parties in support of settlement activities. (Sec. 209) Makes parties who unsuccessfully challenge settlements between the President and any PRP liable to the United States and any settling party for attorney's fees and costs incurred in defending the settlement. Authorizes administrative orders which set forth terms of settlements to be issued only with the prior approval of the Attorney General in cases where total response costs exceed $2 million (currently, $500,000). Permits agencies with the authority to seek fines, penalties, and punitive damages under CERCLA to settle claims that may otherwise be assessed in civil administrative or judicial proceedings if the claim has not been referred to the Department of Justice for further action. Permits claims exceeding $300,000 to be settled only with the prior approval of the Attorney General. Authorizes the use of arbitration only for claims where response costs do not exceed $2 million (currently, $500,000). (Sec. 210) Absolves persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material: (1) contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard; or (2) is an item of scrap paper containing hazardous substances determined to present a significant human health or environmental risk. Title III: Remedy - Revises provisions regarding remedy selection. Requires remedial actions selected by the President to assure long-term reliability of protection of human health and the environment and, to the maximum extent practicable, make contaminated land available for beneficial use and return contaminated groundwater and surface water to beneficial use in a reasonable period of time. Requires remedial actions to protect uncontaminated groundwater and surface water unless it is technically infeasible or limited migration of contamination is necessary to facilitate restoration of groundwater to beneficial use. Lists minimum factors to be taken into account by the President in assessing alternative remedial actions and selecting remedial actions. Requires remedial actions, in the case of contaminated groundwater or surface water which may be used for drinking water, to require a level or standard of control which at least attains the maximum contaminant levels (MCLs) or non-zero MCL goals established under the Safe Drinking Water Act for the contaminants concerned. Requires remedial actions for hazardous substances that remain on site to comply with any more stringent and legally applicable tribal standard. Directs the President to ensure that a remedial action attains standards of control protective of human health in the environment in cases where: (1) no Federal, State, or tribal standard has been established for the specific hazardous substance present at the facility where the action is being undertaken; or (2) there are multiple hazardous substances present and the remedial action is not protective even though applicable requirements are attained. Removes a provision which requires the President to conform a remedial action to a State standard in cases where a State has initiated a lawsuit against the EPA prior to May 1, 1986. Sets forth minimum requirements for remedies for contaminated groundwater or surface water in cases where a legally applicable standard for a hazardous substance is waived due to findings of technical impracticability. Makes procedural requirements of State laws inapplicable to the portion of any removal or remedial action conducted entirely on site, except for recordkeeping and reporting. Requires the Administrator, in selecting remedies, to take into account reasonably anticipated future uses of land at a facility and, as appropriate, of nearby property. Sets forth factors to be considered in making assumptions regarding such uses. Directs the President, in selecting a remedial action to restore groundwater to drinking water or other beneficial uses, to defer to a State's classifications and designations relating to groundwater if specified conditions are met. Sets forth determinations and presumptions to be made by the Administrator in cases where there is no deference to a State. Prohibits, unless a State makes a designation otherwise, the use as drinking water of groundwater: (1) that contains more than 10,000 milligrams per liter total dissolved solids; (2) that is so contaminated by naturally occurring conditions or by the effects of human activity unrelated to a specific activity that restoration of drinking water quality is impracticable; or (3) from which the potential source of drinking water is physically incapable of yielding 150 gallons per day of water to a well or spring unless that source is or has been used as a drinking water source. Prohibits the President from selecting a remedial action that allows hazardous substances to remain on site above levels that would be protective for unrestricted use unless institutional controls are incorporated into the action to achieve protection of human health and the environment during and after completion of the action. Authorizes the President to use institutional controls as a supplement to, but not as a substitute for, other response measures, except in extraordinary circumstances. Lists requirements for actions that rely on institutional controls. Authorizes funds to be established for facilities for which the selected remedy is containment or at which hazardous substances remain on site above levels that would allow for unrestricted use of the facility. Directs the Administrator to report annually to the Congress, for each record of decision signed during the previous fiscal year, on the type of institutional controls and media affected and the institution designated to monitor, enforce, and ensure compliance with such controls. (Sec. 302) Authorizes the President, in order to respond to a release of a hazardous substance, to acquire a hazardous substance easement which limits or controls the use of land or other natural resources. Permits easements to be used wherever institutional controls have been selected as a component of a response action. Makes easements enforceable in perpetuity (unless terminated pursuant to this Act) against owners of affected property or persons who acquire interest in, or rights to use, the property. Directs the President to maintain a registry of all property at which institutional controls have been established in connection with response actions. (Sec. 303) Alters the criteria for the continuance of obligations for removal actions to provide that actions shall not continue after $4 million (currently, $2 million) has been obligated or two years (currently, 12 months) have elapsed from the date of initial response to a release or threatened release. Title IV: Community Participation and Human Health - Subtitle A: Community Participation - Revises provisions regarding grants for technical assistance to make such grants available to Community Advisory Groups or affected communities (defined as two or more individuals affected by the release or threatened release of a hazardous substance at a covered facility. Defines a "covered facility" as a facility: (1) that has been listed or proposed for listing on the NPL; (2) at which the Administrator is undertaking an action anticipated to exceed one year or a specified funding limit; or (3) with respect to which the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator has accepted a petition requesting a health assessment or related health activity. Expands the list of authorized grant activities. Requires the President to take specified actions to provide for meaningful public participation in every significant phase of response activities under CERCLA. Permits Community Advisory Groups, affected Indian tribes and communities, and local government and health officials to propose remedial alternatives to the President. Requires the President to make records relating to response actions at a facility available to the public throughout all phases of an action. Sets forth additional requirements with respect to public notice of certain removal actions. (Sec. 403) Requires States or Indian tribes with NPL sites to establish Waste Site Information Offices. Provides funding for such Offices. Directs the Administrator to establish Offices for States or tribes that fail to do so. (Sec. 404) Requires the President to provide the opportunity for the establishment of a Community Advisory Group, a representative public forum, to achieve direct, regular, and meaningful consultation with all interested parties throughout all stages of a response action whenever: (1) the President determines such a group will be helpful; or (2) ten individuals residing in the area in which the facility is located, or ten percent of the population of a locality in which the NPL facility is located, whichever is less, petition for a Group to be established. Authorizes such Groups to offer recommendations to the Administrator on the anticipated future use of land at a facility at any time prior to remedy selection, but provides that the Administrator shall not be bound by any such recommendation. Authorizes the President to provide administrative support for such Groups. Directs the Administrator to submit to the Congress a community study that includes an analysis of: (1) the speed of listing; (2) the speed and nature of response actions; (3) the degree to which public views are reflected in response actions; (3) future land use determinations and use of institutional controls; and (4) the population, race, ethnicity, and income characteristics of communities affected by facilities listed or proposed for listing on the NPL. Requires periodic updates of such study. Directs the Administrator to institute necessary improvements or modifications to address any deficiencies identified by the study. (Sec. 406) Requires the Administrator to conduct a program to assist in the recruitment and training of individuals in affected communities for employment in response activities. (Sec. 407) Directs the Administrator to evaluate areas such as Indian country or poor rural communities that warrant special attention and identify up to five facilities in each EPA region that are likely to warrant inclusion on the NPL. Accords such facilities a priority in evaluation for NPL listing and scoring. Subtitle B: Human Health - Requires the President to notify State and local public health authorities and tribal health officials whenever there is reason to believe that a release (or threat of release) of a hazardous substance, pollutant, or contaminant has occurred, is occurring, or is about to occur. Directs the ATSDR Administrator to perform a health assessment or related health activity, at a minimum, for each facility listed or proposed for listing on the NPL, including Federal facilities. Requires the ATSDR Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. (Sec. 414) Authorizes and directs the ATSDR Administrator, pursuant to specified grants and contracts, to facilitate the provision of health services to communities affected by the release of hazardous substances. (Sec. 415) Provides for cooperation with Indian tribes with respect to certain ATSDR activities. Requires the ATSDR Administrator to include in a biennial report on ATSDR activities the health impacts on Indian tribes of hazardous substances from covered facilities. Subtitle C: General Provisions - Sets forth effective dates for provisions of this title (upon enactment or 180 days after enactment). Title V: Natural Resource Damages - Revises provisions regarding the statute of limitations on actions for natural resource damages to remove a requirement that actions for such damages, with exceptions, be commenced within three years after the later of: (1) the date of discovery of the loss and its connection with the release in question; or (2) the date on which specified regulations regarding natural resource damage assessment are promulgated. Requires actions for such damages with respect to facilities at which there has been a corrective action or closure under the Solid Waste Disposal Act, a reclamation under the Uranium Mill Tailings Reclamation Act, or a response action under a State remediation, hazardous waste, water quality, or voluntary cleanup program, to be commenced before the later of: (1) three years from this Act's enactment date; or (2) three years from the date the responsible party provides notice of cleanup completion to all affected trustees. Requires commencement of such actions for facilities (other than those described above, NPL or Federal facilities, or those at which a remedial action has been scheduled) within three years of completion of an adopted restoration plan. (Sec. 502) Directs the President, in selecting remedial actions, to take into account the potential for injury to a natural resource resulting from such actions and the potential for mitigating injury to a resource by such actions. Requires the President to promulgate a regulation providing for consultation with the affected natural resource trustees regarding the inclusion or deletion of facilities on or from the NPL and coordination with such trustees with respect to releases under investigation and prior to selection of response actions. Authorizes affected trustees of natural resources injured, destroyed, or lost as a result of a release to participate in the trustees' selection of a restoration plan. Makes trustees who elect not to participate in such selection ineligible for Superfund monies for assessment of damages and natural resource restoration. Revises provisions regarding the use of recovered sums to permit such sums to be used only to restore or replace natural resources in the watershed, aquifer, or regional ecosystem in which the injury occurred and for the benefit of such resources or to acquire the equivalent of such resources in the watershed, aquifer, or regional ecosystem in which the injury occurred. (Current law allows the use of such sums to restore, replace, or acquire the equivalent of the injured resources.) Authorizes the use of recovered sums, in the case of a migratory species, to be applied for restoration or replacement of such species in a habitat in the migratory pathway of the species if all trustees participating in the selection of a restoration plan agree. Title VI: Federal Facilities - Revises provisions regarding the applicability of CERCLA to the U.S. Government. Makes Federal agencies subject to all Federal, State, interstate, and local requirements regarding response actions and damages related to, or management of, hazardous substances, pollutants, or contaminants in the same manner as any nongovernmental entity. Waives immunity of the United States with respect to the enforcement of injunctive relief. Makes Federal employees subject to criminal sanctions under State or Federal response laws. Authorizes the Administrator to issue an abatement order to a Federal agency and requires initiation of an administrative enforcement action in the same manner as action would be initiated against any other person. Requires all funds collected by a State from the Federal Government from penalties imposed under this section to be used only for projects to improve or protect the environment or to defray costs of environmental protection or enforcement unless a State law requires such funds to be used differently. (Sec. 604) Sets forth additional conditions under which a Federal property may be transferred to any other person without a covenant warranting that all remedial action has been taken on the property. Establishes additional assurances to be contained in deeds governing such transfers with regard to hazardous substance releases for which a Federal agency is potentially responsible. (Sec. 605) Allows the President to designate NPL-listed or -proposed Federal facilities to facilitate the development of innovative technologies for remedial action. Requires a report to the Congress. Title VII: State Roles - Authorizes States, pursuant to contracts or cooperative agreements, to apply to the Administrator to take or require: (1) preremedial actions at any non-federally owned or operated facility that is not listed on the NPL; or (2) specified response and cost recovery actions, remedy selections, settlements, allocations, and community participation activities at non-federally owned or operated NPL facilities or removal actions at any facility proposed for NPL listing. Sets forth requirements for State enforcement and allocation of liability. (Sec. 702) Prohibits the Administrator from providing funding to States for response actions or response actions, except for emergency removal actions, unless the affected State provides assurances that it will pay ten percent of the cost of the action or funding and will assure oversight of any operation and maintenance of response actions. (Sec. 703) Expands CERCLA provisions regarding treatment of Indian tribes to afford Indian tribes the same treatment as States with respect to provisions regarding voluntary response actions, cleanup standards, compliance with consent decrees, and delegation of authority with respect to facilities located in Indian country. (Sec. 704) Permits States to apply to the Administrator to exercise specified CERCLA authorities at Federal facilities. Title VIII: Funding - Extends the authorization of appropriations to carry out specified Superfund authorities through FY 2003. Title IX: Miscellaneous - Requires the Administrator to establish a small business Superfund assistance section within the EPA small business ombudsman office. (Sec. 903) Revises CERCLA report requirements. (Sec. 904) Extends certain provisions authorizing reimbursements by the President to local governments affected by releases or threatened releases to affected States as well. Title X: 5-Year Extension of Hazardous Substance Superfund - Amends the Internal Revenue Code to extend the environmental income tax to taxable years beginning after December 31, 1998, and before January 1, 2004. Extends specified provisions regarding: (1) Superfund's financing rate; (2) limits on tax if the unobligated balance in Superfund exceeds a specified amount; and (3) the repayment deadline for advances made to Superfund. Increases the aggregate tax which may be collected from $11.97 billion to $22 billion until December 31, 2003.
Bill· HRH.R. 3597 (105th)referred
United States · United States Congress · 30 March 1998
Fairness in Issuing of Visas Act of 1998 - Amends the Immigration and Nationality Act to prohibit discrimination in the issuance of nonimmigrant visas.
Bill· HRH.R. 3581 (105th)failed
United States · United States Congress · 30 March 1998
TABLE OF CONTENTS: Title I: Voluntary Contributions Title II: Banning Noncitizen Contributions Title III: Improving Reporting and Enforcement Title IV: Excessive Spending By Candidates From Personal Funds Title V: Election Integrity Subtitle A: Voter Eligibility Verification Pilot Program Subtitle B: Other Measures to Protect Election Integrity Title VI: Revision and Indexing of Certain Contribution Limits and Penalties Title VII: Restrictions on Soft Money Title VIII: Disclosure of Certain Communications Title IX: Effective Date Campaign Reform and Election Integrity Act of 1998 - Title I: Voluntary Contributions - Amends the Federal Election Campaign Act of 1971 (FECA) to make it unlawful, except with the separate, prior, written, voluntary authorization of the individual involved, for: (1) national banks or corporations to collect from or assess their stockholders or employees any dues, initiation fee, or other payment as a condition of employment which will be used for political activities in which the national bank or corporation is engaged; and (2) labor organizations to collect from or assess their members or nonmembers any dues, fee, or other payment which will be used for political activities in which the labor organization is engaged. States that an authorization shall remain in effect until revoked and may be revoked at any time. Requires each entity collecting from or assessing amounts from an individual with an authorization in effect to provide the individual with a statement that the individual may at any time revoke the authorization. Requires corporations, prior to the beginning of any 12-month period, as determined by the corporation, to provide each of their shareholders with a notice containing: (1) the proposed aggregate amount for disbursements for political activities for the period; (2) the individual's applicable percentage and pro rata amounts for the period; and (3) a form that the individual may complete and return to the corporation or organization indicating the individual's objection to the disbursement of amounts for political activities during the period. Makes it unlawful for a corporation to make disbursements for political activities during the 12-month period in an amount greater than: (1) the proposed aggregate amount for such disbursements for the period as specified in the notice; reduced by (2) the sum of the applicable pro rata amounts for such period of all shareholders who return the form to the corporation prior to the beginning of the period. Title II: Banning Noncitizen Contributions - Redefines foreign national to include any individual who is not a U.S. citizen, whether in the United States lawfully or unlawfully. (Sec. 202) Doubles the amount or duration of any penalty, fine, or sentence imposed on any person who violates the ban on contributions by foreign nationals. Title III: Improving Reporting and Enforcement - Permits candidates to file FECA reports for contributions and expenditures made within 90 days of an election within 24 hours of receipt. Requires the Federal Election Commission to make such filed information available on the Internet immediately upon receipt. Revises FECA reporting requirements to: (1) require a principal campaign committee to report any contribution of $1,000 or more received by any authorized committee of the candidate within 20 days of an election within 24 hours after receipt; (2) require that certain independent expenditure reports be filed within 24 hours and considered as actually received at the time of filing; (3) require reports submitted by persons who report contributions or expenditures in all reports filed in the election involved (taking into account the period covered by the report) in an amount equal to or greater than $50,000 to be filed electronically; and (4) change certain reporting from a calendar year basis to an election cycle basis. (Sec. 302) Requires that a political committee report expenditures made for personal and consulting services by certain individuals other than employees and prescribes that such individuals maintain records of such services and report the information to the political committee. Provides for the first report required to be filed after an election by political committees to include a statement of the total contributions received and expenditures made as of the date of the election. Requires FECA reports on itemized contributions made by persons or political committees to include information on the total amount of all such contributions made by such person or committee in the election involved. (Sec. 303) Requires the Commission, in addition to issuing advisory opinions with respect to a specific transaction or activity by a person, to provide written responses to questions concerning the application of FECA, the Presidential Election Campaign Fund Act, the Presidential Primary Matching Payment Account Act, a rule or regulation, or an advisory opinion of the Commission with respect to the transaction or activity by the person if the Commission finds the application of the Act, chapter, rule, regulation, or advisory opinion to the transaction or activity to be clear and unambiguous. Sets forth a "safe harbor" rule. Directs the Commission to: (1) make public any request for a written response made, and the responses issued, but may not make public the identity of any person submitting a request for a written response unless the person specifically authorizes the Commission to do so; and (2) compile, publish, and regularly update a complete and detailed index of the responses issued. (Sec. 304) Prohibits acceptance by candidates and political committees of U.S. and foreign cash contributions greater than $100. (Sec. 305) Requires any corporation or labor organization (or separate segregated fund established by such a corporation or such a labor organization) making solicitations of contributions to make such solicitations in a manner that ensures the confidentiality of its employees or members who make contributions of $100 or less as a result of such solicitation and who do not make such contributions, with the exception of any solicitation of contributions by a corporation from its stockholders. (Sec. 306) Requires certain disclosures and reports by persons conducting Federal election polls by telephone or electronic devices. Title IV: Excessive Spending By Candidates From Personal Funds - Modifies the current limitations on contributions when House candidates spend or contribute large amounts of personal funds, including contributions by the candidate to the candidate's authorized campaign committee. Requires notification by a House candidate's principal campaign committee of expenditures of personal funds made by such candidate, including contributions by the candidate to such committee. Title V: Election Integrity - Subtitle A: Voter Eligibility Verification Pilot Program - Directs the Attorney General to establish a voter eligibility pilot confirmation program to respond to, and maintain records of, State and local election officials' inquiries to verify a voter registrant's citizenship. Terminates such program on September 30, 2001. Provides for: (1) an initial confirmation or nonconfirmation by the Commissioner of Social Security; and (2) in the case of an initial nonconfirmation, a secondary verification process by the Attorney General. Requires such program to: (1) be voluntary; (2) provide safeguards against discrimination; and (3) be applied, at a minimum, in California, New York, Texas, Florida, and Illinois. Directs the Commissioner of Social Security and the Commissioner of the Immigration and Naturalization Service to develop methods to confirm the reliability of the information provided. Prohibits Federal utilization of program information and related systems for purposes other than those authorized by this Act. Sets forth provisions regarding actions by officials unable to confirm an applicant's citizenship with respect to notification, registration, and ineligible voter removal programs. Authorizes State and local use of social security account numbers for purposes of this Act. Sets forth reporting requirements for the Attorney General and the Commissioner of Social Security. Authorizes appropriations. Subtitle B: Other Measures to Protect Election Integrity - Amends the National Voter Registration Act of 1993 to require mail voter registration forms and State applications for voter registration to include a citizenship check-off box and other specified information. Sets forth a State opt-out rule. (Sec. 512) Permits States to: (1) require the affirmation of the address of registrants who have not voted in two consecutive general Federal elections; and (2) remove registrants with inapplicable mailing addresses from the official list of eligible voters in Federal elections (requires the confirmation of addresses of such registrants prior to being permitted to vote). Title VI: Revision and Indexing of Certain Contribution Limits and Penalties - Amends FECA to increase specified individual contribution limits. Sets individual limits on contributions made to: (1) State or local political parties; and (2) candidates and their authorized committees by national, State, or local political parties. (Sec. 602) Provides for the indexing of: (1) certain contribution limits; (2) support to a candidate's authorized committees by any other candidate's authorized committees; and (3) penalties and fines (increased by this Act to account for past inflation). Title VII: Restrictions on Soft Money - Bans the solicitation, receipt, and use of funds (soft money) not subject to the limitations, prohibitions, and reporting requirements of FECA by national political parties and candidates, with the exception of certain activities. Requires that payments by State political parties for mixed political activities be subject to limitation and reporting under FECA as if such payments were expenditures, and permits such payments to be paid only from an account subject to FECA requirements. Prohibits transfers of funds between State political parties unless the funds are subject to the limitations, prohibitions, and reporting requirements of FECA. (Sec. 702) Prohibits disbursements by foreign nationals in connection with elections to political office, including disbursements for political parties and independent expenditures. (Sec. 703) Amends the Internal Revenue Code to prohibit a candidate for election to the office of President or Vice President from receiving amounts from the Presidential Election Campaign Fund unless such candidate certifies that he or she will not solicit any funds for purposes of influencing such election, including any funds used for independent expenditures, unless the funds are subject to the limitations, prohibitions, and reporting requirements of FECA. Requires that if: (1) such a candidate or such a candidate's agent seeks to avoid the spending limits applicable to such candidate under the Presidential Election Campaign Fund Act, the Presidential Primary Matching Payment Account Act, or FECA by soliciting, receiving, or using funds from any source other than such Fund for the benefit of such candidate's campaign, for such candidate or agent to be fined not more than $1 million, or imprisoned for a term of not more than three years, or both; and (2) two or more persons conspire to violate the spending limits, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined not more than $1 million, or imprisoned for a term of not more than three years, or both. Title VIII: Disclosure of Certain Communications - Amends FECA to require any person who makes payments for certain communications in an aggregate amount in excess of $250 during a year to report such payments and the source of the funds used to make such payments in the same manner and under the same terms and conditions as a political committee reporting expenditures and contributions, in addition to any other information required to be reported under FECA, except that if such person makes such payments in an aggregate amount of $1,000 or more after the 20th day, but more than 24 hours, before any election, such person shall report such information within 24 hours after such payments are made. Title IX: Effective Date - Sets forth an effective date.
Bill· SS. 1878 (105th)referred
United States · United States Congress · 27 March 1998
High-Tech Immigration and United States Worker Protection Act - Amends the Immigration and Nationality Act to temporarily increase the annual number of skilled foreign worker visas. (Sec. 3) Directs the Comptroller General to study and report on the high technology market labor needs and the extent to which such jobs are likely to be unfulfilled in FY 2001 through 2006. (Sec. 4) Establishes in the Department of Labor a fund to assist U.S. workers obtain skills that are in short supply as evidenced by certain foreign worker applications. Obligates specified fund amounts for a related loan program. Directs the Secretary to provide grants to eligible entities for creation of Regional Skills Alliances to address market and labor needs. Provides for the establishment of a National Alliance for High Technology Skills which shall recommend worker training strategies to the President. (Sec. 5) Amends the Immigration and Nationality Act to revise labor condition application provisions, including: (1) authorizing the Secretary to initiate investigations; (2) increasing civil penalty amounts; and (3) establishing an employer-paid application fee. (Sec. 6) Requires an employer: (1) with certain exceptions, to recruit U.S. workers prior to seeking foreign workers; and (2) within certain time periods, to have not laid off or subsequently not lay off U.S. workers in order to replace them with foreign workers. (Sec. 8) Reduces the maximum admissions period for such foreign workers.
Bill· SS. 1857 (105th)referred
United States · United States Congress · 25 March 1998
Declares three named individuals to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act upon payment of the required visa fees.
Bill· HRH.R. 3553 (105th)referred
United States · United States Congress · 25 March 1998
Central American and Caribbean Refugee Adjustment Act of 1998 - Amends the Nicaraguan Adjustment and Central American Relief Act to make certain nationals of Nicaragua, Cuba, El Salvador, Guatemala, Honduras, and Haiti eligible for permanent resident status adjustment under such Act. (Current law applies to nationals of Nicaragua and Cuba.) Makes conforming amendments to the Immigration and Nationality Act, as amended by the Nicaraguan Adjustment and Central American Relief Act.
Resolution· HRESH.Res. 391 (105th)passed
United States · United States Congress · 24 March 1998
Sets forth the rule (modified open) for consideration of H.R. 2578 (extension of visa waiver pilot program).
Bill· HRH.R. 3485 (105th)open
United States · United States Congress · 18 March 1998
TABLE OF CONTENTS: Title I: Voluntary Contributions Title II: Banning Noncitizen Contributions Title III: Improving Reporting and Enforcement Title IV: Excessive Spending By Candidates From Personal Funds Title V: Election Integrity Subtitle A: Voter Eligibility Verification Pilot Program Subtitle B: Other Measures to Protect Election Integrity Title VI: Revision and Indexing of Certain Contribution Limits and Penalties Title VII: Restrictions on Soft Money Title VIII: Disclosure of Certain Communications Title IX: Effective Date Campaign Reform and Election Integrity Act of 1998 - Title I: Voluntary Contributions - Amends the Federal Election Campaign Act of 1971 (FECA) to make it unlawful, except with the separate, prior, written, voluntary authorization of the individual involved, for: (1) national banks or corporations to collect from or assess its stockholders or employees any dues, initiation fee, or other payment as a condition of employment which will be used for political activities in which the national bank or corporation is engaged; and (2) labor organizations to collect from or assess its members or nonmembers any dues, fee, or other payment which will be used for political activities in which the labor organization is engaged. States that an authorization shall remain in effect until revoked and may be revoked at any time. Requires each entity collecting from or assessing amounts from an individual with an authorization in effect to provide the individual with a statement that the individual may at any time revoke the authorization. Requires corporations and tax-exempt organizations (other than labor organizations), prior to the beginning of any 12-month period (as determined by the corporation or such organization), to provide each of its shareholders or members with a notice containing: (1) the proposed aggregate amount for disbursements for political activities for the period; (2) the individual's applicable percentage and pro rata amounts for the period; and (3) a form that the individual may complete and return to the corporation or organization indicating the individual's objection to the disbursement of amounts for political activities during the period. Makes it unlawful for a corporation or such an organization to make disbursements for political activities during the 12-month period in an amount greater than: (1) the proposed aggregate amount for such disbursements for the period as specified in the notice; reduced by (2) the sum of the applicable pro rata amounts for such period of all shareholders or members who return the form to the corporation or such organization prior to the beginning of the period. Title II: Banning Noncitizen Contributions - Redefines foreign national to include any individual who is not a U.S. citizen, whether in the U.S. lawfully or unlawfully. (Sec. 202) Doubles the amount or duration of any penalty, fine, or sentence imposed on any person who violates the ban on contributions by foreign nationals. Title III: Improving Reporting and Enforcement - Permits candidates to file FECA reports for contributions and expenditures made within 90 days of an election within 24 hours of receipt. Requires the Federal Election Commission to make such filed information available on the Internet immediately upon receipt. Revises FECA reporting requirements to: (1) require a principal campaign committee to report any contribution of $1,000 or more received by any authorized committee of the candidate within 20 days of an election within 24 hours after receipt; (2) require that certain independent expenditure reports be filed within 24 hours and considered as actually received at the time of filing; (3) require reports submitted by persons who report contributions or expenditures in all reports filed in the election involved (taking into account the period covered by the report) in an amount equal to or greater than $50,000 to be filed electronically; and (4) change certain reporting from a calendar year basis to an election cycle basis. (Sec. 302) Requires that a political committee report expenditures made for personal and consulting services by certain individuals other than employees and prescribes that such individuals maintain records of such services and report the information to the political committee. Provides for the first report required to be filed after an election by political committees to include a statement of the total contributions received and expenditures made as of the date of the election. Requires FECA reports on itemized contributions made by persons or political committees to include information on the total amount of all such contributions made by such person or committee in the election involved. (Sec. 303) Requires the Commission, in addition to issuing advisory opinions with respect to a specific transaction or activity by a person, to provide written responses to questions concerning the application of FECA, the Presidential Election Campaign Fund Act, the Presidential Primary Matching Payment Account Act, a rule or regulation, or an advisory opinion of the Commission with respect to the transaction or activity by the person if the Commission finds the application of the Act, chapter, rule, regulation, or advisory opinion to the transaction or activity to be clear and unambiguous. Sets forth a "safe harbor" rule. Directs the Commission to: (1) make public any request for a written response made, and the responses issued, but may not make public the identity of any person submitting a request for a written response unless the person specifically authorizes the Commission to do so; and (2) compile, publish, and regularly update a complete and detailed index of the responses issued. (Sec. 304) Prohibits acceptance by candidates and political committees of U.S. and foreign cash contributions greater than $100. (Sec. 305) Requires any corporation or labor organization (or separate segregated fund established by such a corporation or such a labor organization) making solicitations of contributions to make such solicitations in a manner that ensures the confidentiality of its employees or members who make contributions of $100 or less as a result of such solicitation and who do not make such contributions, with the exception of any solicitation of contributions by a corporation from its stockholders. (Sec. 306) Requires certain disclosures and reports by persons conducting Federal election polls by telephone or electronic devices. Title IV: Excessive Spending By Candidates From Personal Funds - Modifies the current limitations on contributions when House candidates spend or contribute large amounts of personal funds, including contributions by the candidate to the candidate's authorized campaign committee. Requires notification by a House candidate's principal campaign committee of expenditures of personal funds made by such candidate, including contributions by the candidate to such committee. Title V: Election Integrity - Subtitle A: Voter Eligibility Verification Pilot Program - Directs the Attorney General to establish a voter Eligibility Pilot confirmation program to respond to, and maintain records of, State and local election officials' inquiries to verify a voter registrant's citizenship. Terminates such program on September 30, 2001. Provides for: (1) an initial confirmation or nonconfirmation by the Commissioner of Social Security; and (2) in the case of an initial nonconfirmation, a secondary verification process by the Attorney General. Requires such program to: (1) be voluntary; (2) provide safeguards against discrimination; and (3) be applied, at a minimum, in California, New York, Texas, Florida, and Illinois. Directs the Commissioner of Social Security and the Commissioner of the Immigration and Naturalization Service to develop methods to confirm the reliability of the information provided. Prohibits Federal utilization of program information and related systems for purposes other than those authorized by this Act. Sets forth provisions regarding actions by officials unable to confirm an applicant's citizenship with respect to notification, registration, and ineligible voter removal programs. Authorizes State and local use of social security account numbers for purposes of this Act. Sets forth reporting requirements for the Attorney General and the Commissioner of Social Security. Authorizes appropriations. Subtitle B: Other Measures to Protect Election Integrity - Amends the National Voter Registration Act of 1993 to require mail voter registration forms and State applications for voter registration to include a citizenship check-off box and other specified information. Sets forth a State opt-out rule. (Sec. 512) Permits States to: (1) require oral or written affirmation of the address of registrants who have not voted in two consecutive general Federal elections as a condition for casting a vote; and (2) remove registrants with inapplicable mailing addresses from the official list of eligible voters in Federal elections (requires the confirmation of addresses of such registrants prior to being permitted to vote). Title VI: Revision and Indexing of Certain Contribution Limits and Penalties - Amends FECA to increase specified individual contribution limits. Sets individual limits on contributions made to: (1) State or local political parties; and (2) candidates and their authorized committees by national, State, or local political parties. (Sec. 602) Provides for the indexing of: (1) certain contribution limits; (2) support to a candidate's authorized committees by any other candidate's authorized committees; and (3) penalties and fines. Title VII: Restrictions on Soft Money - Bans the solicitation, receipt, and use of funds (soft money) not subject to the limitations, prohibitions, and reporting requirements of FECA by national political parties and candidates, with the exception of certain activities. (Sec. 702) Prohibits disbursements by foreign nationals in connection with elections to political office, including disbursements for political parties and independent expenditures. (Sec. 703) Amends the Internal Revenue Code to prohibit a candidate for election to the office of President or Vice-President from receiving amounts from the Presidential Election Campaign Fund unless such candidate certifies that he or she will not solicit any funds for purposes of influencing such election, including any funds used for independent expenditures, unless the funds are subject to the limitations, prohibitions, and reporting requirements of FECA. Requires that if: (1) such a candidate or such a candidate's agent seeks to avoid the spending limits applicable to such candidate under the Presidential Election Campaign Fund Act, the Presidential Primary Matching Payment Account Act, or FECA by soliciting, receiving, or using funds from any source other than such Fund for the benefit of such candidate's campaign, for such candidate or agent to be fined not more than $1 million, or imprisoned for a term of not more than three years, or both; and (2) two or more persons conspire to violate the spending limits, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined not more than $1 million, or imprisoned for a term of not more than three years, or both. Title VIII: Disclosure of Certain Communications - Amends FECA to require any person who makes payments for certain communications in an aggregate amount in excess of $250 during a year to report such payments and the source of the funds used to make such payments in the same manner and under the same terms and conditions as a political committee reporting expenditures and contributions, in addition to any other information required to be reported under FECA, except that if such person makes such payments in an aggregate amount of $1,000 or more after the 20th day, but more than 24 hours, before any election, such person shall report such information within 24 hours after such payments are made. Title IX: Effective Date - Sets forth an effective date.
Bill· HRH.R. 3410 (105th)open
United States · United States Congress · 10 March 1998
Temporary Agricultural Worker Act of 1998 - Amends the Immigration and Nationality Act to establish a 24-month pilot program for the U.S. admission of temporary or seasonal agricultural workers based upon an employer labor condition attestation filed with the appropriate State agency. Sets forth program provisions. Offsets such admissions with temporary reductions in diversity and unskilled workers' immigrant visas. Establishes a trust fund in the Treasury to assure the return of such workers to their home countries.
Bill· SS. 1723 (105th)referred
United States · United States Congress · 6 March 1998
American Competitiveness Act - Amends the Immigration and Nationality Act to establish an H1-C nonimmigrant category of nonphysician health care workers. (Removes such aliens from the H-1B skilled worker category.) Increases H1-B visa levels, and makes available to such category a certain number of unused visas from specified other temporary visa categories. (Sec. 4) Amends the Higher Education Act of 1965 to authorize appropriations for the State Student Incentive Grant program. Obligates specified amounts for grants to low-income students in higher education programs of mathematics, computer science, or engineering. Directs the Secretary of Labor to establish or improve an Internet technology employment data bank. Authorizes appropriations. (Sec. 5) Revises and increases penalties for violations of the H1-B or H1-C programs. Transfers labor condition application authority from the Secretary to the Attorney General. Defines "prevailing wage." (Sec. 6) Directs the Attorney General to submit an annual H1-B visa report. (Sec. 7) Exempts employment-based immigrants from per country limitations if unused visas are available during a calendar quarter. Authorizes nonimmigrant status extension for certain aliens who: (1) have petitions pending for employment-based immigrant status adjustment; and (2) are subject to per country limitations. (Sec. 8) Authorizes H1-B aliens to accept academic honorarium payments for services on behalf of an institution of higher education or other nonprofit entity.
Bill· SS. 1717 (105th)referred
United States · United States Congress · 5 March 1998
New American Citizenship Act - Directs the Attorney General to submit a plan (with monthly reporting requirements through a specified date) for ensuring backlog reduction at each Immigration and Naturalization Service (INS) district and regional office. (Sec. 4) Provides that INS standardized naturalization examinations shall: (1) have INS-certified proctors; and (2) not be administered by for-profit entities that also provide citizenship courses. Provides for: (1) an initial 24-month pilot testing program; and (2) dissemination of study materials. (Sec. 5) Directs the Attorney General to: (1) develop a plan to ensure the efficiency and integrity of the naturalization process, including a six-month maximum time for completion of such process; and (2) ensure that the naturalization fingerprint submission process deters naturalization fraud by requiring fingerprint cards to be sent directly to INS or the Federal Bureau of Investigation (FBI), and by procuring the technology to institute INS electronic fingerprint checks. (Sec. 7) Directs INS to ensure that a FBI criminal history background check is completed prior to an applicant's naturalization interview. Requires naturalization applicants to demonstrate basic English language speaking and comprehension abilities at the time of the standardized naturalization examination or interview. Requires INS to ensure that certificates of citizenship are not distributed prior to an applicant's taking the oath of allegiance. (Sec. 8) Obligates specified INS appropriations for backlog reduction and technological and infrastructure changes.
Bill· HRH.R. 3341 (105th)referred
United States · United States Congress · 5 March 1998
New American Citizenship Act - Directs the Attorney General to submit a plan (with monthly reporting requirements through a specified date) for ensuring backlog reduction at each Immigration and Naturalization Service (INS) district and regional office. (Sec. 4) Provides that INS standardized naturalization examinations shall: (1) have INS-certified proctors; and (2) not be administered by for-profit entities that also provide citizenship courses. Provides for: (1) an initial 24-month pilot testing program; and (2) dissemination of study materials. (Sec. 5) Directs the Attorney General to: (1) develop a plan to ensure the efficiency and integrity of the naturalization process, including a six-month maximum time for completion of such process; and (2) ensure that the naturalization fingerprint submission process deters naturalization fraud by requiring fingerprint cards to be sent directly to INS or the Federal Bureau of Investigation (FBI), and by procuring the technology to institute INS electronic fingerprint checks. (Sec. 7) Directs INS to ensure that a FBI criminal history background check is completed prior to an applicant's naturalization interview. Requires naturalization applicants to demonstrate basic English language speaking and comprehension abilities at the time of the standardized naturalization examination or interview. Requires INS to ensure that certificates of citizenship are not distributed prior to an applicant's taking the oath of allegiance. (Sec. 8) Obligates specified INS appropriations for backlog reduction and technological and infrastructure changes.
Bill· SS. 1704 (105th)referred
United States · United States Congress · 4 March 1998
Declares two named individuals to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act upon payment of the required visa fees.
Bill· HRH.R. 3317 (105th)referred
United States · United States Congress · 4 March 1998
Voluntary State Pilot Mediation Program for MSWPA Lawsuits Act of 1998 - Authorizes States to establish a pilot program for mediation of private rights of action under the Migrant and Seasonal Agricultural Worker Protection Act.
Bill· SS. 1698 (105th)referred
United States · United States Congress · 3 March 1998
Farmers' Temporary Employment Assistance Act - Amends the Immigration and Nationality Act to establish: (1) an alternative temporary agricultural worker process based upon a labor condition attestation filed by an employer and accepted by the appropriate State agency; and (2) a nonimmigrant visa category for such aliens. Sets forth program provisions.
Bill· HRH.R. 3273 (105th)referred
United States · United States Congress · 25 February 1998
Provides that the occupation "information technology professional" (as defined by this Act) shall be treated for three years as if the Secretary of Labor had made a determination under the Immigration and Nationality Act that there were not sufficient domestic workers and that such aliens' entry would not adversely affect similarly employed U.S. workers. (Such determination is required for immigrant visas under skilled worker, professional, and other worker allocations.) Amends the Immigration and Nationality Act to limit such labor determination to three years.
Bill· SS. 1647 (105th)open
United States · United States Congress · 12 February 1998
Economic Development Partnership Act of 1998 - Amends the Public Works and Economic Development Act of 1965 (the Act) to direct the Secretary of Commerce to cooperate with States and other entities to assure that Federal economic development programs are compatible with and further the objectives of State, regional, and local economic development plans and comprehensive economic development strategies. Directs the Secretary to: (1) provide appropriate technical assistance to such entities in order to alleviate economic distress, encourage partnerships for economic development strategies, and stimulate modernization and technological advances in the generation and commercialization of goods and services; and (2) prescribe regulations for intergovernmental review of proposed economic development projects. Authorizes the Secretary to enter into appropriate economic development agreements with two or more adjoining States. Authorizes the Secretary to appoint a National Public Advisory Committee on Regional Economic Development to make recommendations to the Secretary, including regarding the coordination of activities. Authorizes the Secretary to make grants to eligible recipients (defined later under this Act) for acquisition or development of land improvements for public works, public service, or development facility usage, as well as the acquisition, design and engineering, construction, rehabilitation, alteration, expansion, or improvement of such facilities. Provides assistance conditions relating to the establishment of industrial or commercial plants and the increase of employment in the area. Prohibits more than 15 percent of the appropriations made for such assistance from being expended in any one State. Allows grants to be increased due to construction cost increases. Authorizes the Secretary to make direct grants for economic development planning and related administrative expenses. Requires such planning to be a continuous process and to be prepared as part of a comprehensive economic development strategy for the area involved. Requires State certification of an economic development plan's consistency with local and economic development district plans. Provides a Federal cost-share limit of 50 percent of project costs. Authorizes the Secretary to make supplementary grants for a project for which the applicant is eligible but for which the applicant cannot supply the required matching share. Provides supplementary grant conditions and requirements, authorizing the Secretary to reduce or waive the required non-Federal share in such cases. Authorizes the Secretary to make direct grants for training, research, and technical assistance for alleviating or preventing conditions of excessive unemployment or underemployment. Allows such grants to include amounts for relocation assistance. Authorizes the Secretary to make direct grants for public facilities, public services, business development, planning, technical assistance, training and other assistance which demonstrably furthers the economic adjustment objectives of the Act. Allows such grant to be used in either direct expenditures by the recipient or through redistribution to other public and private entities, but prohibits any such redistribution to a private profit-making entity. Authorizes the Secretary to: (1) approve the use of grant funds for projects the scope or purpose for which changes after the grant has been made; (2) use funds for projects constructed for less than the projected costs to improve such projects; and (3) make assistance available for projects to be carried out at a military or Department of Energy installation. Prohibits any assistance under the Act which would produce unfair commercial competition. Requires reports from grant and assistance recipients. Defines as an eligible recipient for purposes of this Act an area that: (1) has a per capita income of 80 percent or less of the national average or an unemployment rate one percent above such average; (2) has experienced or is about to experience a sudden economic dislocation resulting in significant job losses; (3) is a community or neighborhood which has a large concentration of low-income individuals, substantial out-migration, or substantial unemployment; (4) has long-term economic deterioration; (5) has a special need to meet an expected rise in unemployment; (6) contains a population of 250,000 or less with growth potential; or (7) is experiencing severe out-migration. Requires from recipients: (1) documentation of meeting such criteria; and (2) evidence of a comprehensive economic development strategy which identifies the economic problems to be addressed through such assistance, as well as related information. Authorizes the Secretary, in order to plan and carry out economic development projects of broader geographic significance, to designate appropriate economic development districts and economic development centers within such districts. Provides geographic, population, and other requirements with respect to each such designation. Directs the Secretary to prescribe standards for the termination of such districts and centers. Authorizes the Secretary to increase by up to ten percent of project costs the amount of grant assistance otherwise provided in the Act for projects within designated districts. Requires each designated district to provide to the Appalachian Regional Commission a copy of such district's comprehensive economic development strategy. Authorizes the Secretary to provide assistance to a district area which does not meet the requirements of an eligible recipient under the Act when such assistance will be of substantial direct benefit to a qualifying area in such district. Directs the Secretary to administer this Act with the assistance of an Assistant Secretary of Commerce for Economic Development. Directs the Secretary to serve as a central information clearinghouse on all matters relating to economic development and adjustment, disaster recovery, and defense conversion programs and activities of Federal and State governments and to help applicants for such assistance. Requires appropriate consultation with other persons and agencies. Authorizes the Secretary to furnish procurement divisions of the Federal Government with a list of business firms located in distressed areas which desire Government supplies and services contracts. Imposes penalties upon persons who: (1) make false statements in order to obtain assistance under the Act; and (2) embezzle or commit other fraud-related crimes while connected in any capacity with the Secretary in the administration of the Act. Sets forth: (1) conflict-of-interest provisions; and (2) recordkeeping requirements for the Secretary and recipients regarding assistance under this Act. Provides that assistance under the Act shall supplement and not supplant other Federal assistance. Authorizes appropriations for FY 1999 through 2002. Authorizes additional appropriations for defense conversion activities and disaster economic recovery activities.
Bill· HRH.R. 3231 (105th)referred
United States · United States Congress · 12 February 1998
Honduran Refugee Immigration Fairness Act of 1998 - Provides for the permanent resident status adjustment of certain Honduran nationals (and spouses and children) present in the United States.
Bill· HRH.R. 3203 (105th)referred
United States · United States Congress · 11 February 1998
Classifies a named individual as a child for immediate relative status under the Immigration and Nationality Act.
Bill· SS. 1579 (105th)open
United States · United States Congress · 28 January 1998
Rehabilitation Act Amendments of 1998 - Revises and extends the Rehabilitation Act of 1973 (RA). (Sec. 2) Provides for establishment of: (1) linkages between State vocational rehabilitation programs and workforce investment activities carried out under the Workforce Investment Partnership Act of 1998 (WIPA); and (2) special responsibilities for the Secretary of Education for coordination of all activities with respect to individuals with disabilities within and across programs administered by the Federal Government. (Sec. 3) Revises RA general provisions. Requires the Commissioner of the Rehabilitation Services Administration (RSA, which is in the Office of the Secretary of Education) and the Director of the National Institute on Disability and Rehabilitation Research to reserve specified funds to carry out certain activities for outreach to minorities. (Sec. 4) Extends through FY 2004 the authorization of appropriations for Basic Vocational Rehabilitation Services programs. Revises requirements for State Vocational Rehabilitation Services plans, individual eligibility, individualized rehabilitation employment plans, vocational rehabilitation services scope, group services, non-Federal shares for establishment of programs, State Rehabilitation Councils, evaluation standards and performance indicators, and monitoring and review. Maintains formulas for State allotments for Basic Vocational Rehabilitation Services, but eliminates provisions for certain additional allotments and payments to States. Revises reallotment provisions. Revises the formula for reservation of funds for American Indian Vocational Rehabilitation Services. Revises requirements for title I payments to States. Requires a State Governor to redesignate the agency conducting the client assistance program under certain conditions. Extends through FY 2004 the authorization of appropriations for such program. Eliminates RA title I (current part C) provisions for Innovation and Expansion Grants. Increases to 60 months the maximum effective duration of an approved application for an American Indian Vocational Rehabilitation Services grant. Revises requirements for vocational rehabilitation services client information. Directs the Secretaries of Education and of Health and Human Services to enter into a memorandum of understanding to exchange data of mutual importance that concern clients of designated State agencies, including data maintained either by the RSA or by the Social Security Administration from its Summary Earnings and Records and Master Beneficiary Records. Directs the Secretary of Labor to provide the RSA Commissioner with labor market information that facilitates evaluation of the Basic Vocational Rehabilitation Services program and allows comparison of the progress of individuals with disabilities who are assisted under such program in securing, retaining, regaining, and advancing in employment with the progress made by individuals who are assisted under specified WIPA provisions. (Sec. 5) Revises RA title II (Research and Training). Extends through FY 2004 the authorization of appropriations for: (1) expenses of the National Institute on Disability and Rehabilitation Research (Institute), including certain expenses of the Rehabilitation Research Advisory Council; and (2) research and other covered activities. Requires the Institute's Director to: (1) include, in an education program for the public, information on assistive technology services and devices, and disseminate engineering information about them; (2) provide for development and dissemination of models to address consumer-driven information needs related to assistive technology devices and services; and (3) publish for public comment drafts of five-year plans outlining and explaining priorities for rehabilitation research, demonstration projects, training, and related activities, and consider public comments before submitting the final form of such a plan to the appropriate congressional committees. Eliminates grant or contract assistance for: (1) a pediatric rehabilitation research program; (2) a Rehabilitation Research and Training Center in the Pacific Basin; and (3) a center for research and training concerning the delivery of rehabilitation services to rural areas. (Sec. 6) Revises RA title III (Professional Development and Special Projects and Demonstrations). Directs the Secretary to ensure that all title III grants and contracts are awarded on a competitive basis. Revises and extends through FY 2004 the authorization of appropriations for training programs. Requires (current law authorizes) the Commissioner to make grants and contracts for personnel training. Authorizes the Commissioner to make grants and contracts for training: (1) regarding related Federal statutes; (2) personnel providing services to individuals with disabilities under WIPA (jointly funded with the Department of Labor); or (3) leading to an academic degree or certificate in various rehabilitation-related areas. Continues requirements for training grants for Historically Black Colleges and Universities and other higher education institutions with minority enrollments of at least 50 percent. Includes hard-of-hearing individuals (as well as deaf or deaf-blind individuals) among those for whom interpreters may be trained under a discretionary grant program. Eliminates: (1) discretionary technical assistance to State rehabilitation agencies and community rehabilitation programs; (2) various grants and contracts relating to vocational rehabilitation services for individuals with disabilities; (3) loan guarantees for community rehabilitation programs; and (4) comprehensive rehabilitation centers. Revises and extends through FY 2004 the authorization of appropriations for: (1) special demonstration programs; (2) migrant and seasonal farmworkers programs; and (3) recreational programs. Eliminates certain title III discretionary grants for: (1) reader services for blind individuals; and (2) interpreter services for deaf individuals. Authorizes the Commissioner to require title III grant recipients to submit information to measure project outcomes and performance. (Sec. 7) Amends RA title IV (National Council on Disability) to revise the deadline for the Council's annual progress report on national disability policy. Extends through FY 2004 the authorization of appropriations for the Council. (Sec. 8) Revises RA title V (Rights and Advocacy). Directs the Architectural and Transportation Barriers Compliance Board (the Access Board) to promulgate regulations for Federal agency procurement of electronic and information technology that allows individuals with disabilities to produce and have access to information and data in manner comparable to that of individuals without disabilities. Extends through FY 2004 the authorization of appropriations for title V with respect to protection and advocacy of individual rights. Reserves for a grant to the eligible system serving the American Indian consortium a certain portion of such funds in excess of a specified amount. Applies certain limitations under the Assisted Suicide Funding Restriction Act of 1997 to the use of allotments or grants under these RA provisions for protection and advocacy of individual rights. (Sec. 9) Amends RA title VI (Employment Opportunities for Individuals with Disabilities) (the Employment Opportunities for Individuals with Disabilities Act). Eliminates current part A (Community Service Pilot Programs for Individuals with Disabilities). Sets forth a new part A (Projects in Telecommuting and Self-Employment for Individuals with Disabilities). Directs the Commissioner to award competitive, one-time, time-limited grants, contracts, or cooperative agreements to eligible entities to establish and operate: (1) projects in telecommuting for individuals with disabilities; and (2) projects in self-employment for individuals with disabilities. Authorizes the Commissioner to establish procedures for dual-purpose applications. Authorizes appropriations through FY 2004. Revises and extends through FY 2004 the authorization of appropriations for: (1) part B (Projects with Industry); (2) part C (Supported Employment Services for Individuals with the Most Significant Disabilities). ("Most significant" replaces the term "severe" disabilities.) (Sec. 10) Amends RA title VII (Independent Living Services and Centers for Independent Living). Revises and extends through FY 2004 the authorization of appropriations for: (1) Individuals with Significant Disabilities, including provisions for Independent Living Services and Centers for Independent Living; and (2) Independent Living Services for Older Individuals Who Are Blind. (Sec. 11) Amends the Helen Keller National Center Act to extend through FY 2000 the authorization of appropriations for the Helen Keller National Center for Youths and Adults Who Are Deaf-Blind and the Center's Federal Endowment Fund. Directs the Center to establish and maintain a national registry of individuals who are deaf-blind. Authorizes appropriations through FY 2000 for such registry. (Sec. 12) Amends a specified Joint Resolution of the Congress to allow the President's Committee on National Employ the Physically Handicapped Week to solicit, as well as accept, certain donations. (Sec. 13) Amends the Department of Education Organization Act to provide that the Federal Advisory Committee Act shall not apply to peer review panels established by the Secretary to evaluate applications for financial assistance awarded on a competitive basis. (Sec. 14) Directs the Secretary to prepare and submit to the Congress recommended legislation containing technical and conforming amendments to reflect the changes made by this Act.