United States · United States Congress · 8 February 1999
Medical Savings Account Effectiveness Act of 1999 - Amends the Internal Revenue Code with respect to medical savings accounts to: (1) repeal the limitation on the number of accounts; (2) make all employers (currently limited to small employers) eligible to offer accounts; (3) increase contribution deduction amounts; (4) permit employer and employee contributions; (5) reduce high deductible health plan deductibles; and (6) permit accounts to be offered under cafeteria plans.
United States · United States Congress · 4 February 1999
Honoring American Military Women for Their Service in World War II Resolution - Honors the women who served the United States in military capacities during World War II. Recognizes that these women contributed vitally to the victory of the United States and the Allies in the war.
United States · United States Congress · 3 February 1999
Nursing Home Resident Protection Amendments of 1999 - Amends title XIX (Medicaid) of the Social Security Act to prohibit transfers or discharges of residents of nursing facilities because of a facility's voluntary withdrawal from participation in Medicaid as long as such residents resided in the facility before the withdrawal. Requires a withdrawn facility to provide specified notice to new residents who begin residence after the withdrawal that the facility: (1) is not participating in Medicaid with respect to that resident; and (2) may transfer or discharge the resident from the facility when the resident is unable to pay facility charges, even though the resident may have become eligible for Medicaid's nursing facility services.
United States · United States Congress · 3 February 1999
American Financial Institutions' Privacy Act of 1999 - Precludes the Secretary of the Treasury and any Federal banking agency from prescribing any "Know Your Customer" regulation (a regulation requiring any depository institution to determine a customer's identity, sources of funds, and normal transactions and to monitor account activity for inconsistent transactions) unless specifically authorized to do so by a subsequent Act of Congress. Requires the Secretary and the Federal banking agencies to jointly conduct a comprehensive study and report to the Congress on the impact of such regulations upon certain civil liberties and financial relationships, the economic burden of such regulations on small depository institutions, and the practical alternatives.
United States · United States Congress · 3 February 1999
Hope for Children Act - Amends the Internal Revenue Code to: (1) increase the amount allowable for qualified adoption expenses; (2) permanently extend the credit for adoption expenses; and (3) adjust the limitations on such credit for inflation.
United States · United States Congress · 3 February 1999
Requires the establishment of a budget reserve account to provide for funding in the event of natural disasters and national security emergencies. Amends the Congressional Budget Act of 1974 to include such funding in the budget process. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to repeal provisions relating to emergency appropriations. Requires annual reports to the Congress on expenditures from such account.
United States · United States Congress · 2 February 1999
Local Census Quality Check Act - Requires each decennial census to include an opportunity for postcensus local review, similar to that afforded as part of the 1990 decennial census, so that local governmental units may review household counts, jurisdictional boundaries, and such other data as the Secretary of Commerce considers appropriate for identifying discrepancies or other potential problems before the tabulation of total population by States is completed. Sets forth a timetable and guidelines for conducting such review, challenging census data, and correcting any identified miscounts.
United States · United States Congress · 2 February 1999
Patient Protection Act of 1999 - Title I: Amendments to the Employee Retirement Income Security Act of 1974 - Subtitle A: Patient Protections - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to prohibit a group health plan, or a health insurance issuer offering group coverage, from imposing on a health professional any restriction on advice provided to a participant or beneficiary. (Sec. 1001) Requires a plan or issuer, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization and without regard to network limitations) for emergency medical screening examinations if a prudent layperson would determine them necessary; (2) routine gynecological or obstetric specialist care benefits, to provide those benefits without authorization or referral by a primary care provider; or (3) routine pediatric specialist care benefits, to allow designation of a pediatric specialist as the primary provider. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. Subtitle C: New Procedures and Access to Courts for Grievance Arising Under Group Health Plans - Requires group health plans to: (1) provide written notice to participants or beneficiaries and providers of adverse coverage decisions; and (2) meet specified time limits for responding to routine, urgent, and emergency benefit payment requests, coverage advance determinations, and medical necessity determinations. Provides for initial coverage decision internal and, in certain circumstances, external review. (Sec. 1201) Makes a plan's fiduciary who, after an external review recommends coverage, causes a failure to provide a benefit, liable to the participant or beneficiary for a civil penalty and attorney's fees and costs. Allows assessment of a civil penalty against a fiduciary for any pattern or practice of repeated adverse coverage decisions in violation of the terms of the plan or ERISA. Allows an action before exhaustion of administrative remedies. Provides for concurrent Federal-State court jurisdiction for actions relating to certain amendments made by this Act. Subtitle D: Affordable Health Coverage for Employees of Small Businesses - Small Business Affordable Health Coverage Act of 1999 - Defines "association health plan" to mean a group health plan meeting specified requirements, including being sponsored by a trade, industry, or professional association, a chamber of commerce (or a similar business association) organized and maintained for substantial purposes other than obtaining or providing medical care. Provides for association plan certification and mandates a class certification procedure. (Sec. 1302) Regulates association plans' boards of trustees and sponsors. Prohibits, for plans in existence on the date of enactment of this Act, a sponsor's affiliated members from being offered coverage unless the member: (1) was affiliated on the certification date; or (2) did not maintain or contribute to a group health plan during the 12 months before the offering of coverage. Prohibits a participating employer from providing health coverage in the individual market for any employee who is eligible for plan coverage if the exclusion from plan coverage is based on health status. Prohibits excluding an employer from an association plan if the employer and plan each meet specified requirements. Prohibits contribution rates for any participating small employers from varying on the basis of claims experience or type of business. Requires, if any plan benefit option does not consist of health coverage, that the plan have at least 1,000 participants and beneficiaries. Requires, if a benefit option consisting of health coverage is offered under the plan, that State-licensed insurance agents be used to distribute to small employers coverage that is not health coverage in a manner comparable to the manner in which those agents are used to distribute health coverage. Requires that a plan consist only of health coverage or, if the plan provides any additional benefit options, that the plan meet certain reserve and excess stop loss insurance and solvency indemnification requirements regarding the additional benefit options for which risk has not yet been transferred. Requires that all plans maintain a specified surplus. Requires association plans providing additional options to make annual payments to the Association Health Plan Fund. Requires that, when there is or will be a failure to maintain such reserves, excess stop loss insurance, and indemnification, the Secretary of Labor pay amounts as necessary to maintain the excess stop loss insurance or indemnification. Establishes the Fund. Mandates advance notice to participants and beneficiaries of certified plan termination. Requires, when a plan has failed or will fail to maintain required reserves, excess stop loss insurance, and indemnification, either corrective action or plan termination. Provides for court appointment of the Secretary as trustee to administer a plan during insolvency. Allows a State to impose a contribution tax on an association plan providing additional options if the plan began operations in the State after enactment of this Act. Sets forth special rules for church plans. Declares that the provisions of this subtitle supersede certain related State laws. (Sec. 1303) Modifies the circumstances in which two or more trades or businesses must be deemed a single employer. (Sec. 1304) Excludes from the definition of "multiple employer welfare arrangement" any arrangement: (1) established or maintained under specified Federal (or similar State) labor relations provisions; or (2) meeting certain collective bargaining and other requirements. (Sec. 1305) Imposes criminal penalties for falsely representing any benefit as: (1) being a certified association plan; or (2) having been established or maintained under certain collective bargaining agreements. (Sec. 1306) Allows a State to enter into an agreement with the Secretary for delegation to the State of some or all of the Secretary's enforcement or certification authority. Title II: Amendments to Public Health Service Act - Subtitle A: Patient Protections and Point of Service Coverage Requirements - Amends the Public Health Service Act to prohibit a group health plan, or a health insurance issuer offering group coverage, from imposing on a health professional any restriction on advice provided to a participant or beneficiary. (Sec. 2001) Requires a plan or issuer, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization and without regard to network limitations) for emergency medical screening examinations if a prudent layperson would determine them necessary; (2) routine gynecological or obstetric specialist care benefits, to provide those benefits without an authorization or referral by a primary provider; or (3) routine pediatric specialist benefits, to allow designation of a pediatric specialist as the primary provider. (Sec. 2002) Requires health maintenance organizations (HMOs) that provide coverage under a group health plan only if services are furnished exclusively through members of a closed panel to make available to the plan sponsor an option covering services without regard to whether the providers are panel members. Requires HMOs, when a plan sponsor declines that option, to make optional supplemental coverage available in the individual market to each plan participant. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. Subtitle C: HealthMarts - Health Care Consumer Empowerment Act of 1999 - Requires that HealthMarts: (1) be nonprofit legal entities composed of small employers, employees of small employers, health care providers, and entities that underwrite or administer health benefits coverage; and (2) make available health coverage to all small employers and eligible employees at rates established by the insurance issuer on a policy or product specific basis. Deems HealthMarts group health plans for purposes of specified provisions of ERISA and the Internal Revenue Code. Requires that coverage made available to an eligible employee in a geographic area be offered to all eligible employees in the same area. (Sec. 2202) Declares that the HealthMart: (1) provides coverage only through contracts with issuers and does not assume insurance risk; (2) provides administrative services for purchasers; and (3) collects and disseminates consumer information on all coverage options offered through the HealthMart. Requires that HealthMart coverage provide full portability of creditable coverage for individuals who remain members of the same HealthMart notwithstanding that they change employers. Allows HealthMart coverage to include coverage: (1) through an HMO, a preferred provider or licensed provider-sponsored organization, an insurance company, a medical savings or flexible spending account, or a community health organization; (2) that includes a point-of-service option; or (3) any combination of those coverages. Requires a HealthMart to permit any small employer to contract for coverage and prohibits varying eligibility conditions. Prohibits the purchaser from obtaining or sponsoring coverage other than through the HealthMart. Prohibits enrollment discrimination based on health. Supersedes certain related State laws. Provides for the application of: (1) certain existing ERISA and Public Health Service Act requirements; and (2) renewability requirements when the contract between a HealthMart and an issuer is terminated. Directs the Secretary of Health and Human Services to administer this subtitle through a separate Health Care Marketplace Division. Subtitle D: Community Health Organizations - Allows a community health organization to offer health coverage in a State in spite of not being licensed in that State if the organization has received a licensure waiver from the Secretary of Health and Human Services and other requirements are met. (Sec. 2301) Mandates the establishment of Federal financial solvency and capital adequacy standards. Title III: Amendments to the Internal Revenue Code of 1986 - Subtitle A: Patient Protections - Amends the Internal Revenue Code to prohibit a group health plan from imposing on a health professional any restriction on advice provided to a participant or beneficiary. (Sec. 3001) Requires a plan, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization and without regard to network limitations) for emergency medical screening examinations if a prudent layperson would determine the examinations necessary; or (2) routine gynecological or obstetric specialist care benefits, to provide those benefits without an authorization or referral by a primary provider. Requires a plan or issuer, if it provides benefits for routine pediatric specialist benefits, to allow designation of a pediatric specialist as the primary provider. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. Subtitle C: Medical Savings Accounts - Repeals provisions limiting the number of individuals having medical savings accounts. Allows all employers to offer the accounts. Modifies requirements regarding: (1) the monthly limitation on related deductions; (2) coordination with the exclusion for employer contributions; and (3) the deductible amounts that will qualify as a high deductible plan. Allows the accounts to be included in cafeteria plans. Sets forth special rules for individuals receiving immediate Federal annuities. (Sec. 3202) Allows medical savings accounts to be used by persons with incomes under a certain amount to pay for insurance offered by a community health center. (Sec. 3203) Declares that it is the sense of the House of Representatives that: (1) patients are best served when they are empowered to make informed choices about their health care and their health insurance; and (2) a system that gives people the power to choose coverage, combined with insurance market reforms, offers great promise of increased choices and greater access to health insurance for Americans. Title IV: Health Care Lawsuit Reform - Subtitle A: General Provisions - Declares that this title applies to any health care liability action in any State or Federal court, except actions: (1) relating to vaccine-related injury to which title XXI (Vaccines) of the Public Health Service Act applies; or (2) under ERISA. Preempts State laws inconsistent with this title, unless they impose greater restrictions than those in this title. Excludes economic or punitive damages and attorneys' fees or costs from the determination of the amount in controversy. Subtitle B: Uniform Standards for Health Care Liability Actions - Establishes a statute of limitations for bringing a health care liability action. (Sec. 4012) Limits non-economic damages. Substitutes any different level set by a State after enactment of this Act. Makes defendants liable only for the proportion of the damages due to the defendant's fault. Allows punitive damages, to the extent permitted by State law, if the claimant establishes by clear and convincing evidence that the defendant's conduct intended to cause harm or manifested a conscious, flagrant indifference to the rights or safety of others. Prohibits punitive damages against a manufacturer or product seller of a drug or medical device where the drug or device was subject to Food and Drug Administration (FDA) premarket approval or the drug is generally recognized as safe and effective by the FDA. Prohibits punitive damages relating to packaging or labeling of a drug that is required to have tamper-resistant packaging unless the packaging or labeling is found by clear and convincing evidence to be substantially out of compliance. Prohibits requiring lump-sum payment of future economic and non- economic damages over $50,000. Allows any defendant to introduce evidence of collateral source payments. Prohibits any collateral source payments provider from recovering any amount against the claimant, receiving any lien or credit against the recovery, or being subrogated to the claimant's rights. (Sec. 4013) Requires any alternative dispute resolution used to resolve a health care liability action or claim to contain provisions consistent with this title. (Sec. 4014) Requires the General Accounting Office to report to specified congressional committees on the compliance of: (1) the Department of Justice and all United States Attorneys with a specified guideline relating to false claims and civil health care; and (2) the Office of the Inspector General of the Department of Health and Human Services with specified protocols and best practice guidelines. Title V: Confidentiality of Health Information - Amends title XI of the Social Security Act to add a new part D (Confidentiality of Protected Health Information) that requires health care providers, health plans, employers, health or life insurers, or educational institutions to permit an individual who is the subject of protected health information to inspect and copy the information. Requires, if the individual requests addition of a supplemental statement to the information, that those parties: (1) add the statement and make reasonable efforts to inform any person to whom the information was disclosed during the preceding year; or (2) if addition of the statement is refused, allow the individual to file a statement of disagreement. (Sec. 5001) Requires health care providers, health plans, health oversight agencies, public health authorities, employers, health or life insurers, health researchers, or educational institutions to maintain safeguards to ensure the confidentiality, security, accuracy, and integrity of protected health information. Requires any person who maintains protected health information to disclose the information to a health care provider or health plan to permit the provider or plan to conduct health care operations, but prohibits providers and plans from selling or bartering protected health information. Preempts State law provisions that: (1) are inconsistent with certain provisions of this title under Article VI (dealing with national supremacy, among other matters) of the United States Constitution; or (2) relate to specified matters dealt with in this title. Imposes civil fines for substantially and materially failing to comply with this title. Amends title XVIII (Medicare) of the Social Security Act to authorize the Secretary of Health and Human Services to refuse to enter into, terminate, or refuse to renew an agreement with a physician or supplier that has violated this title. Requires compliance with certain provisions of this title by Medicare+Choice organizations under Medicare part C (Medicare+Choice), Medicare providers, and HMOs with risk-sharing contracts. (Sec. 5002) Requires the Comptroller General to report to the Congress on the effect of State laws on health-related research subject to review by an institutional review board or institutional review committee with regard to the protection of human subjects. (Sec. 5003) Requires the Comptroller General to submit to the Congress a compilation of State laws on the confidentiality of protected health information and an analysis of the effect of those laws on the provision of, and the securing of payment for, health care. (Sec. 5004) Exempts information developed by a health care provider in response to a serious, adverse, patient-related event and for specified purposes (health care response information) from any disclosure requirement, in connection with a civil or administrative proceeding under Federal or State law, to the same extent as information developed by the provider regarding peer review, utilization review, quality management or improvement, quality control, risk management, or internal review to reduce mortality, morbidity, or patient care or safety. Prohibits deeming the protection of health care response information from disclosure modified by the development of such information in connection with a request or requirement of an accrediting body or the transfer of that information to an accrediting body.
United States · United States Congress · 2 February 1999
Florida Federal Judgeship Act of 1999 - Directs the President to appoint the following numbers of additional district judges in Florida: (1) three for the middle district and two for the southern district, on a permanent basis; and (2) one for the middle district, on a temporary basis. Authorizes appropriations.
United States · United States Congress · 2 February 1999
Downed Animal Protection Act - Amends the Packers and Stockyards Act, 1921 to make it unlawful for any stockyard owner, market agency, or dealer to buy, sell, give, receive, transfer, market, hold, or drag any nonambulatory livestock unless such livestock has been humanely euthanized. Imposes civil and criminal penalties for violations.
United States · United States Congress · 2 February 1999
Expresses the sense of the Congress that: (1) Lithuania, Latvia, and Estonia are to be commended for their progress toward political and economic liberty and meeting the guidelines for prospective members of the North Atlantic Treaty Organization (NATO); (2) such countries would make an outstanding contribution toward furthering NATO goals should they become members; (3) extension of full NATO membership to the Baltic states would contribute to stability, freedom, and peace in the Baltic region and Europe as a whole; and (4) with complete satisfaction of NATO guidelines and criteria for membership, such countries should be invited to become full NATO members.
United States · United States Congress · 19 January 1999
Collections of Information Antipiracy Act - Amends Federal copyright law to make persons who extract, or use in commerce, a substantial part of a collection of information gathered or maintained by another person through the investment of substantial resources, so as to harm the other person's (or a successor's) actual or potential market for a product or service that incorporates such information and is offered or intended to be offered in commerce liable to the person (or a successor) for remedies under this Act. Allows persons to extract or use information for: (1) nonprofit educational, scientific, or research purposes in a manner that does not directly cause such harm; or (2) the purpose of illustration, explanation, example, comment, criticism, teaching, research, or analysis, in an amount appropriate and customary for such purposes if it is determined, by specified factors, that such an act is reasonable under the circumstances. Provides that the used or extracted portion shall not be offered or intended to be offered for sale or otherwise in commerce or likely to serve as a market substitute for all or part of the collection from which the use or extraction is made. Defines "individual act" for purposes of this Act as an act that is not part of a pattern, system, or repeated practice by the same party, related parties, or parties acting in concert with respect to the same collection of information or a series of related collections of information. Exempts certain activities from this Act, including the extraction or use of individual items of information or extraction or use of information for verification, nonprofit educational, scientific, or research, or news reporting purposes. Provides that protection shall not extend to information gathered or maintained by or for a government entity, to computer programs, or to digital online communications. Protects information required to be collected and disseminated by a national securities exchange, a registered security association, or a registered securities information processor under the Securities Exchange Act of 1934 or a contract market under the Commodity Exchange Act. Provides that information otherwise subject to protection is not disqualified from protection solely because it is incorporated into a computer program. Requires all rights specified in this Act to be governed exclusively by Federal law, thus preempting State law. Declares that protection under this Act is independent of, and does not affect or enlarge, any copyright protection in any work that is contained in or consists of a collection of information. Exempts the extraction, use, resale, or other disposition of real- time market information from this Act, except as the Securities Exchange Act of 1934, the Commodity Exchange Act, and the rules and regulations thereunder may otherwise provide. States that this Act shall not be construed to permit any person to extract or use real- time market information in a manner that constitutes a market substitute for a real-time market information service (including the real-time systematic updating of or display of a substantial part of a market information) provided on a real-time basis. Defines "market information" as information relating to quotations and transactions that is collected, processed, distributed, or published under the Securities Exchange Act of 1934 or by a contract market that is designated by the Commodity Futures Trading Commission under the Commodity Exchange Act and the rules and regulations thereunder. Authorizes civil actions to be brought for violations of this Act. Provides for injunctions to prevent violations and authorizes impoundment of all copies of information extracted or used in violation. Entitles plaintiffs to specified monetary relief. Reduces or remits monetary relief for nonprofit educational, scientific, or research institutions in cases where an employee believed conduct to be permissible. Makes provisions regarding injunctions and impoundment inapplicable to actions against the U.S. Government. Provides for relief against State entities. Prescribes criminal penalties for certain willful violations. Provides for a three-year statute of limitations on civil and criminal actions. Bars the maintenance of actions for the extraction or use of a collection of information that occurs more than 15 years after the portion of the collection that is extracted or used was first offered for sale or otherwise in commerce following the investment of resources that qualified the information for protection.
United States · United States Congress · 19 January 1999
Mandates Information Act of 1999 - Amends the Congressional Budget Act of 1974 to require the Director of the Congressional Budget Office (CBO), in preparing estimates of the direct costs of all Federal private sector mandates, to estimate also, if feasible, the indirect impact of such mandates on consumers, workers, and small businesses, including any disproportionate impact in particular regions or industries. Prohibits such estimate from being considered in determining whether the direct costs of all such mandates will exceed the threshold specified under current law. Revises provisions concerning legislation subject to a point of order to: (1) define the point of order for a determination by the Director of the Congressional Budget Office that it is not feasible to determine the economic impact of a Federal mandate; and (2) replace certain references to Federal intergovernmental mandates with references to Federal mandates with respect to legislation reported by the Appropriations Committee. Provides a point of order against consideration of legislation that would increase the direct costs of Federal private sector mandates (excluding direct costs attributable to revenue resulting from tax or tariff provisions of any such measure if it does not raise net tax and tariff revenues over the five-fiscal- year period beginning with the first fiscal year such measure affects such revenues) by an amount that causes the stated threshold of $100 million per fiscal year to be exceeded. Revises the definition of "Federal intergovernmental mandate" to mean any provision in legislation, statute, or regulation that relates to a then-existing Federal program under which $500 million or more is provided annually to State, local, or tribal governments under entitlement authority, and that meets certain other criteria, if such legislation, statute, or regulation does not provide participating State, local, or tribal governments with new or expanded authority (currently, if such governments lack such authority) to amend their financial or programmatic responsibilities to continue providing required services affected by the legislation, statute, or regulation.
United States · United States Congress · 19 January 1999
Amends title XIX (Medicaid) of the Social Security Act to prohibit any Medicaid-related funds recovered or paid to a State as part of a settlement or judgment reached in litigation the State initiated or pursued against one or more tobacco companies from being treated as an overpayment.
United States · United States Congress · 19 January 1999
Expresses the sense of the Congress that Jonathan Jay Pollard should serve his full sentence of life imprisonment and should not receive any form of executive clemency from the President.
United States · United States Congress · 6 January 1999
Permits certain veterans with service-connected disabilities who are retired members of the uniformed services to receive compensation concurrently with retired pay, without deduction from either.
United States · United States Congress · 6 January 1999
Drug-Free Ports Act - Directs the Attorney General, upon request, to grant access to identification records to any State, county, port authority, or other local jurisdiction to allow it to conduct criminal background checks on employees, or applicants for employment, at any port under its jurisdiction. Authorizes the Attorney General to assess a processing fee of up to $50.
United States · United States Congress · 6 January 1999
Amends the Internal Revenue Code to exempt an organization from income tax if it is created by a State to provide property and casualty insurance coverage for property for which such coverage is otherwise unavailable.
United States · United States Congress · 6 January 1999
Amends Federal civil service law with respect to the Thrift Savings Plan to: (1) allow an employee or member under the Federal Employees' Retirement System to contribute to the Thrift Savings Fund an eligible rollover distribution from a qualified trust; and(2) eliminate certain waiting periods for participation in the Thrift Savings Plan.
United States · United States Congress · 6 January 1999
Mandates corrections to a specified Coastal Barrier Resources System map relating to North Captiva Island, Lee County, Florida, as necessary to ensure that depictions of areas on that map are consistent with the depictions of areas appearing on a specified map.
United States · United States Congress · 6 January 1999
Prohibits the Secretary of the Interior from permitting oil and gas development activities in specified parts of the Eastern Gulf of Mexico Planning Area, the Straits of Florida Planning Area, and the South Atlantic Planning Area, unless: (1) certain environmental studies and assessments have been completed; and (2) the Secretary has certified to the Congress that specified environmental information has been obtained which adequately enables the Secretary to implement Federal stewardship of the environment with a minimal level of uncertainty. Prohibits the Secretary from conducting any: (1) oil or gas development activity under the Outer Continental Shelf Lands Act in a specified part of the Eastern Gulf of Mexico Planning Area; or (2) preleasing activity or lease sale in such Planning Areas for a specified period. Mandates specified assessments and studies of the Areas addressed by this Act. Directs the Secretary to establish the Joint Federal-State Outer Continental Shelf Task Force to request additional studies and surveys as needed to minimize the uncertainty about the effects of preleasing, leasing, and exploration activities. Subjects the first exploration plan submitted after the date of enactment of this Act to the requirements of detailed environmental impact statements. Authorizes appropriations.
United States · United States Congress · 6 January 1999
Community Protection Act of 1999 - Amends the Federal criminal code to authorize qualified law enforcement officers carrying the official badge and photographic identification issued by the governmental agency for which the individual is employed as a law enforcement officer, notwithstanding State or local laws, to carry a concealed firearm that has been shipped or transported in interstate or foreign commerce. Specifies that this Act shall not be construed to supersede or limit the laws of any State that: (1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or (2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park. (Sec. 3) Sets forth similar provisions authorizing qualified retired law enforcement officers to carry concealed firearms notwithstanding State or local laws.
United States · United States Congress · 6 January 1999
Uniformed Services Former Spouses Equity Act of 1999 - Requires payment from the monthly disposable retired pay of a member to his or her former spouse in compliance with court orders (division of property) to terminate upon the remarriage of that spouse, effective as of the last day of the month in which the remarriage occurs. Provides that, in the case of a member to whom a final decree of divorce, dissolution, annulment, or legal separation is issued before the member begins to receive retired pay, the disposable retired pay of such member, for purposes of such monthly payments, shall be computed based on the pay grade and length of service of the member while married. Increases such amount concurrently with retired pay increases. Requires a member's spouse or former spouse to obtain a court order for reapportionment of a member's monthly disposable retired pay by the later of the following dates: (1) two years of the date of the final decree of divorce, dissolution, annulment, or legal separation; or (2) six months after the enactment of this Act. Prohibits the court from treating as part of a member's disposable retired pay amounts which have been waived from such pay in order to receive veterans' disability compensation.
United States · United States Congress · 6 January 1999
Citizenship Reform Act of 1999 - Amends the Immigration and Nationality Act to deny citizenship at birth to children born in the United States to parents who are not U.S. citizens or permanent resident aliens.
United States · United States Congress · 6 January 1999
Mass Immigration Reduction Act - Restricts U.S. immigration levels to specified numbers of family-sponsored immigrants, employment-based immigrants, and refugees.
United States · United States Congress · 6 January 1999
Notch Baby Act of 1999 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act with respect to the benefit computation formula for individuals who reached age 65 in or after 1982 and to whom applies the period of transition to the changes in benefit computation rules enacted in the Social Security Amendments of 1977. Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 60 percent to ten percent keyed to the year an individual became eligible for such benefits between 1979 and 1983.
United States · United States Congress · 6 January 1999
Affordable Housing Opportunity Act of 1999 - Amends the Internal Revenue Code to increase, and link to the cost-of-living adjustment, the State low-income housing credit ceiling.
United States · United States Congress · 6 January 1999
Capital Gains Tax Reduction Act of 1999 - Amends the Internal Revenue Code to reduce the maximum capital gains tax rates for both individuals and corporations. Provides for the indexing of assets for determining gain or loss.
United States · United States Congress · 6 January 1999
Constitutional Amendment - Authorizes the President to disapprove any item of appropriation in any bill. Requires any item of appropriation contained in a bill approved by the President which is not disapproved to become law. Permits the Congress to reconsider any item so disapproved.
United States · United States Congress · 6 January 1999
Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts (except those derived from borrowing) for that fiscal year unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of each House by roll call vote before any bill to increase revenue may become law. Authorizes the Congress to waive these provisions when: (1) a declaration of war is in effect; or (2) the United States is engaged in a military conflict which poses a threat to national security as declared by a joint resolution adopted by a majority of each House. Makes this article effective beginning with FY 2002 or with the second fiscal year beginning after its ratification, whichever is later.
United States · United States Congress · 6 January 1999
Constitutional Amendment - Makes any person who has been elected for a full term: (1) two times to the Senate ineligible for election or appointment to the Senate; or (2) six times to the House ineligible for election to the House. Bars any person who has served as a: (1) Senator for more than three years of a term to which some other person was elected from being subsequently eligible for election to the Senate more than once; and (2) Representative for more than one year from being subsequently eligible for election to the House more than five times. Excludes election or service occurring before this article becomes operative when determining eligibility.
United States · United States Congress · 14 October 1998
TABLE OF CONTENTS: Title I: Budget With Force of Law Title II: Reserve Funds for Emergencies Title III: Enforcement of Budgetary Decisions Subtitle A: Application of Points of Order to Unreported Legislation Subtitle B: Compliance with Budget Resolution Subtitle C: Justification for Budget Act Waivers Subtitle D: CBO Scoring of Conference Reports Title IV: Accountability for Federal Spending Subtitle A: Prohibitions on Indefinite Spending Subtitle B: Enhanced Congressional Oversight Responsibilities Subtitle C: Strengthened Accountability Title V: Budgeting for Unfunded Liabilities and Other Long- Term Obligations Subtitle A: Budgetary Treatment of Federal Insurance Programs Subtitle B: Reports on Long-Term Budgetary Trends Title VI: Baselines, Byrd Rule, and Lock-Box Subtitle A: The Baseline Subtitle B: The Byrd Rule Subtitle C: Spending Accountability Lock-Box Subtitle D: Automatic Continuing Resolution Title VII: Budgeting in an Era of Surpluses Comprehensive Budget Process Reform Act of 1998 - Makes this Act effective for fiscal years beginning after September 30, 1999. Title I: Budget With Force of Law - Amends the Congressional Budget Act of 1974 (CBA) to require the Congress, by April 15 of each year, to complete action on a joint (currently, concurrent) resolution on the budget for the fiscal year beginning on October 1 of such year. Requires such resolution, in addition to items required under existing law, to set forth for the fiscal year and at least the four ensuing fiscal years: (1) subtotals of new budget authority and outlays for nondefense and defense discretionary spending, direct spending, and other subsets of such spending, if necessary; and (2) subtotals of new budget authority and outlays for emergencies for fiscal years to which the amendments made by title II of this Act apply. Revises matters which may be included in the budget resolution. Authorizes the resolution to change the statutory limit on the public debt if the amendment is submitted by the Committee on Ways and Means of the House of Representatives or the Senate Finance Committee to the appropriate Budget Committee. Revises required elements of the report accompanying the budget resolution. Includes within such report: (1) new budget authority and outlays for each major functional category based on allocations of total levels; (2) a measure, as a percentage of gross domestic product, of total outlays, total Federal revenues, the surplus or deficit, and new outlays for nondefense discretionary, defense, and direct spending; (3) a justification for allocating any new budget authority and outlays for any new program or activity to a committee for which such new authority and outlays would not be subject to discretionary appropriations; (4) a description of committee spending allocations; and (5) a justification for not subjecting any program or activity for which an allocation is made to an annual discretionary appropriation if the resolution includes any committee allocation (other than the Appropriations Committees) exceeding current law levels. Amends Federal provisions concerning elements of the President's required budget submission to the Congress. Requires such submission to include, for the affected fiscal year and at least each of the four ensuing fiscal years: (1) totals of new budget authority and outlays; (2) total Federal revenues and the amount by which the aggregate level of revenues should be increased or decreased by reported bills and resolutions; (3) the budget surplus or deficit; (4) subtotals of new budget authority and outlays for nondefense and defense discretionary spending and direct spending and other subsets of such spending, if necessary; (5) the public debt limit; and (6) subtotals of new budget authority and outlays for emergencies for fiscal years to which title II of this Act applies. Amends the CBA to provide a point of order against consideration of any budget resolution or related amendment or conference report that contains matter not specified in content requirements. (Sec. 104) Removes an exception which allows general appropriations bills in the House, after May 15, to be considered before the budget resolution has been agreed to. Applies a specified pay-as-you-go exception in the House to certain legislation that would not increase the deficit only after the date of enactment of the budget resolution (currently, April 15). Requires a three-fifths majority in the Senate to waive or suspend provisions requiring the budget resolution to be adopted before budget-related legislation is considered. Provides for expedited procedures upon presidential veto of the budget resolution. Authorizes the Budget Committees to introduce a concurrent or joint budget resolution upon such veto. Discharges such committees from further consideration of the resolution if such resolution is not reported within three days of referral. Deems any agreed-to concurrent resolution to be the budget resolution for the applicable fiscal years. (Sec. 105) Excludes outlays and revenues of the Old Age, Survivors, and Disability Insurance (OASDI) Program under the Social Security Act from surplus or deficit totals required by this Act or other specified Federal public finance provisions. Bars receipts and disbursements of the Federal Old-Age and Survivors and Disability Insurance Trust Funds from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the President's budget submission, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Makes it out of order to consider legislation in the House that would provide for specified increases in OASDI benefits or decreases in OASDI taxes. Title II: Reserve Funds for Emergencies - Repeals provisions of the Gramm-Rudman-Hollings Act regarding: (1) discretionary spending limits and emergency appropriations; and (2) direct spending and emergency legislation. Amends rule XXI of the Rules of the House of Representatives to repeal a provision which prohibits a provision from being reported in appropriations legislation containing an emergency designation if such provision is not designated as an emergency, with specified exceptions. (Sec. 206) Amends the CBA to require adjustments to be made only to allocations with respect to emergencies in amounts not to exceed those in reserve funds established by this Act. Sets forth the amounts for discretionary budget authority, direct spending, and outlays to be contained in reserve funds for emergencies. Directs the chairman of the Budget Committee, in the case of legislation that provides budget authority for any emergency, to make an adjustment only to the applicable allocation if the chairman certifies that such outlays or budget authority and the resulting outlays are for an emergency meeting the definition under this Act. Sets forth procedures for the consideration of legislation that provides budget authority for an emergency exceeding the amount provided for in the budget resolution. (Sec. 207) Requires committees, when reporting legislation that provides budget authority for any emergency, to identify all provisions that provide such authority and the resulting outlays in the accompanying report or joint explanatory statement of managers. (Sec. 208) Includes: (1) up-to-date tabulations of amounts remaining in the reserve funds for emergencies in summary budget scorekeeping reports provided by the Budget Committees; and (2) the average annual enacted levels of discretionary and direct spending budget authority and the resulting outlays for emergencies for the five fiscal years preceding the fiscal year of the budget resolution in the report accompanying the resolution. (Sec. 210) Makes it out of order to consider an amendment to a budget resolution which changes the amount of budget authority and outlays set forth for emergency reserve funds. Permits limitations on the contents of the budget resolution and the point of order against changing the budget authority and outlays for emergency reserve funds to be waived or suspended only by a three-fifths majority in the Senate. (Sec. 211) Makes the amendments of this title effective only after the enactment of legislation changing or extending for any fiscal year any of the discretionary spending limits set forth in the Gramm-Rudman-Hollings Act. Title III: Enforcement of Budgetary Decisions - Subtitle A: Application of Points of Order to Unreported Legislation - Applies a certain point of order against the consideration of unreported legislation in the House before the adoption of the budget resolution. Subtitle B: Compliance with Budget Resolution - Amends rule XIII of the Rules of the House to require committee reports to include a budget compliance statement prepared by the chairman of the Budget Committee. Subtitle C: Justification for Budget Act Waivers - Amends rule XI of the Rules of the House to provide a point of order against consideration of any resolution from the Committee on Rules to consider any reported legislation which waives specified provisions of the CBA unless the report contains certain information on the provision proposed for waiver. Subtitle D: CBO Scoring of Conference Reports - Amends the CBA to provide for Congressional Budget Office (CBO) analysis and scoring of conference reports. Requires such analysis to include, for reported legislation and conference reports, a determination of whether the measure provides indefinite spending authority. Title IV: Accountability for Federal Spending - Subtitle A: Prohibitions on Indefinite Spending - Provides a point of order in the House and the Senate against consideration of legislation that provides direct spending for a new program unless such spending is limited to a period of ten or fewer fiscal years. Removes provisions regarding points of order and legislation providing new entitlement authority. Amends rule XXI of the Rules of the House to make it out of order to consider any legislation that authorizes the appropriation of new budget authority unless such authorization is specifically provided for ten or fewer fiscal years. Amends rule XXIII of the Rules of the House to provide that, in the Committee of the Whole, an amendment to subject a new program providing direct spending to discretionary appropriations if offered by the chairman of the Budget or Appropriations Committees may be precluded from consideration only by the specific terms of a special House order. Declares that the purpose of such amendment is to hold the discretionary spending limits and allocations made to the Appropriations Committee harmless for legislation that offsets a new discretionary program with a designated reduction in direct spending. Amends the Gramm-Rudman-Hollings Act to require, if a provision of direct spending legislation is enacted that decreases direct spending for any fiscal year and is designated as an offset and specifically identifies an authorization of discretionary appropriations for a new program, the reductions in new budget authority and outlays resulting from such provision to be designated as an offset in specified CBO pay-as-you-go estimates. Excludes such offsets from such estimates. Requires, if an authorization Act includes provisions reducing direct spending and identifies those provisions as offsets, the adjustments to be an increase in the budget authority and outlay caps in each fiscal year equal to such authority and reductions, respectively, achieved by the specified offsets. Prohibits the adjustments for the first fiscal year in which the offsetting provisions take effect from exceeding the amount of discretionary new budget authority enacted for the new program in an Act making discretionary appropriations and the resulting outlays. Provides for: (1) adjustments to discretionary spending limits, allocations, and budgetary allocations resulting from programs for which offsets were designated and resulting outlays; and (2) reductions of committee allocations of new budget authority and outlays with respect to reported legislation containing provisions that decrease direct spending and are designated as offsets. Subtitle B: Enhanced Congressional Oversight Responsibilities - Amends rule X of the Rules of the House to require House committees, in developing oversight plans, to provide a specific timetable for review of laws, programs, or agencies within their jurisdiction and require such timetable to demonstrate that such laws, programs, or agencies will be reauthorized at least once every ten years. Removes a provision of such rule pertaining to procedures for consideration of legislation providing new entitlement authority which exceeds the appropriate allocation of budget authority. Requires the House Appropriations Committee to report at least once each Congress (currently, from time to time) on recommendations for terminating or modifying provisions of law which provide permanent budget authority. (Sec. 422) Amends the CBA to require the joint explanatory statement accompanying a conference report on a joint budget resolution that includes an allocation to a committee (other than the Appropriations Committee) of levels exceeding current law levels to set forth a justification for not subjecting any program to annual discretionary appropriations. Makes conforming amendments to provisions regarding the presidential budget submission and to House rules regarding committee consideration of legislation. (Sec. 424) Requires the Budget Committees, during the 106th Congress, to report results of a study on budget reform proposals. Subtitle C: Strengthened Accountability - Requires certain reports on legislation providing new budget authority or increases or decreases in revenues or tax expenditures to include CBO projections of how such legislation will affect levels of budget authority, outlays, revenue, or tax expenditures for the affected fiscal year and the ensuing nine (currently, four) fiscal years. Provides for ten-year (currently, four) CBO cost estimates of reported legislation as well. Amends rule XIII of the Rules of the House to require committee reports to contain cost estimates for each of 11 fiscal years. (Sec. 432) Repeals rule XLIX (relating to the establishment of the statutory limit on the public debt) of the Rules of the House. Title V: Budgeting for Unfunded Liabilities and Other Long-Term Obligations - Subtitle A: Budgetary Treatment of Federal Insurance Programs - Amends the CBA to establish a new title known as the Federal Insurance Budgeting Act of 1998. Requires the President's budget, beginning with FY 2005, to be based on the risk-assumed cost of Federal insurance programs. Defines "risk-assumed cost" as the net present value of the estimated cash flows to and from the Government resulting from an insurance commitment or modification. Requires the program accounts for such programs to pay: (1) the risk-assumed cost borne by the taxpayer to the financing account; and (2) actual insurance program administrative costs. Requires the financing accounts to: (1) receive premiums and other income; (2) pay all claims for insurance and receive all recoveries; and (3) transfer to the program account at least annually amounts necessary to pay administrative costs. Provides that a negative risk-assumed cost shall be transferred from the financing to the program account and from the program account as a nonexpenditure transfer to the general fund. Requires all payments by or receipts of the financing accounts to be treated in the budget as a means of financing. Permits insurance commitments to be made for FY 2005 and thereafter only to the extent that new budget authority to cover the risk-assumed cost is provided in advance in an appropriations Act. Prohibits modification of an outstanding commitment in a manner that increases the risk-assumed cost unless budget authority for the additional cost has been provided in advance. Makes such requirements inapplicable to insurance programs that constitute entitlements. Provides for re-estimations of risk-assumed cost in each subsequent year. Requires agencies with responsibility for Federal insurance programs to develop models to estimate risk-assumed cost by year through the budget horizon and to submit such models, all relevant data, justifications for critical assumptions, and annual projected risk-assumed costs to the Office of Management and Budget (OMB) with budget requests each year starting with the request for FY 2001. Directs OMB and CBO, after a comment period for interested persons, to revise the models, data, and major assumptions they would use to estimate the risk-assumed cost of Federal insurance programs. Requires the President's budget submissions and budgets and CBO's reports on the economic and budget outlook for FY 2002 through 2004 to estimate, for display purposes only, the risk-assumed cost of existing or proposed Federal insurance programs. Requires OMB, CBO, and the General Accounting Office to report to the Budget Committees on the advisability and appropriate implementation of this section. Authorizes appropriations for FY 1999 through 2004 to OMB and each agency responsible for administering a Federal program to carry out this title. Directs the Secretary of the Treasury to borrow from, receive from, lend to, or pay the insurance financing accounts appropriate amounts. Establishes a financing account for each Federal insurance program on September 30, 2004. Appropriates to such accounts the amount of the unfunded risk-assumed cost of outstanding Federal insurance commitments as of the close of September 30, 2004. Terminates this section on the last day of FY 2006. Subtitle B: Reports on Long-Term Budgetary Trends - Requires the President's budget submission to include: (1) an analysis based upon current law and one based upon the policy assumptions underlying the submission for every fifth year of the period of the 75 fiscal years beginning with the affected fiscal year of the estimated levels of total new budget authority, outlays, estimated revenues, surpluses, and deficits and, for each major Federal entitlement program, estimated levels of total new budget authority and outlays; and (2) a specification of underlying assumptions and a sensitivity analysis of factors that have a significant effect on the projections made in each analysis and a comparison of the effects of the two analyses on the economy. Establishes a conforming requirement for CBO's annual report to the Budget Committees on fiscal policy. Title VI: Baselines, Byrd Rule, and Lock-Box - Subtitle A: The Baseline - Revises required elements of the President's budget submission to include percentage changes between the current year and the fiscal year for which the budget is submitted for: (1) estimated expenditures and appropriations which are necessary to support the Government, with an exception for detailed budget estimates; (2) laws in effect when the budget is submitted and proposals in the budget to increase revenues as well as for each of the four ensuing fiscal years; and (3) certain proposed appropriations and expenditures for legislation that would establish or expand Government activities or functions, with an exception for detailed budget estimates. Includes within the submission: (1) a comparison of levels of estimated expenditures and proposed appropriations for each function and subfunction in the current fiscal year and the fiscal year for which the budget is submitted, along with the proposed increase or decrease of spending in percentage terms for each function and subfunction; and (2) a table on sources of growth in total direct spending under current law and as proposed in the submission for the budget year and the ensuing four fiscal years. (Sec. 612) Amends the CBA to require the report accompanying the budget resolution to include a comparison of levels for the current fiscal year with proposed spending and revenue levels for subsequent fiscal years along with the proposed increase or decrease of spending in percentage terms for each function. (Sec. 613) Includes similar requirements in certain CBO reports. (Sec. 614) Requires the OMB and CBO Directors, in making budgetary projections for years for which there are no discretionary spending limits, to assume discretionary spending levels at the levels for the last fiscal year for which such levels were in effect. Subtitle B: The Byrd Rule - Removes the applicability of certain procedures with respect to extraneous matter in reconciliation legislation to conference reports. Subtitle C: Spending Accountability Lock-box - Spending Accountability Lock-box Act of 1998 - Directs the chairmen of the Budget Committees to each maintain a Spending Accountability Lock-box Ledger, to be divided into entries corresponding to the subcommittees of the Appropriations Committees. Requires each entry to consist of three components: (1) the House Lock-box Balance; (2) the Senate Lock-box Balance; and (3) the Joint House-Senate Lock-box Balance. Authorizes Members of the House or the Senate, when offering an amendment to an appropriation bill to reduce new budget authority in any account, to state the portion of such reduction to be: (1) credited to the House or Senate Lock-box Balance; (2) used to offset an increase in new budget authority in any other account; or (3) allowed to remain within the Appropriations Committees' subcommittee suballocation. Credits the amount of the reduction to either Lock-box Balance, as applicable, if the amendment is agreed to and no such statement is made. Requires the Budget Committee chairmen, upon the engrossment of any appropriation bill by the House and upon the engrossment of that bill by the Senate, to credit to the applicable entry balance of that House amounts of new budget authority and outlays equal to the net amounts of reductions in new budget authority and in outlays resulting from amendments agreed to by that House to that bill. Specifies the amounts to be credited to the Joint House-Senate Lock-box Balance. Requires a running tally to be available to Members of the House, during the consideration of any appropriations bill by the House, of the amendments adopted reflecting increases and decreases of budget authority in such bill as reported. (Sec. 633) Provides for the downward adjustment, by the amounts credited to the applicable Joint House-Senate Lock-box Balance, of: (1) allocations for the House and Senate upon the engrossment of Senate amendments to any appropriation bill; and (2) suballocations, whenever a such a downward adjustment is made to an allocation. (Sec. 634) Requires the CBO Director to include an up-to-date tabulation of the amounts contained in the Deficit Reduction Lock-box Ledger and each entry in periodic reports. Requires the downward adjustment of discretionary spending limits set forth in the Gramm-Rudman-Hollings Act by amounts set forth in the final regular appropriation bill for the fiscal year or joint resolution making continuing appropriations through the end of such fiscal year. Subtitle D: Automatic Continuing Resolution - Amends Federal law to make appropriations, if any regular appropriation bill for a fiscal year does not become law prior to the beginning of such year or a continuing appropriations resolution is not in effect, to continue any project or activity for which funds were provided in the preceding year: (1) in the corresponding regular appropriations Act for that year; or (2) in a continuing appropriations resolution for such year if the regular bill did not become law. Makes such appropriations available: (1) at a rate of operations not to exceed the rate provided for the project in the preceding fiscal year; and (2) beginning with the first day of a lapse in appropriations and ending on the earlier of the date the regular appropriation bill, or continuing resolution, becomes law or the last day of the fiscal year. Subjects such appropriations to any conditions imposed in the preceding fiscal year or pursuant to current law. Provides that nothing in this section shall be construed to affect Government obligations mandated by other law, including obligations with respect to Social Security, Medicare, and Medicaid. Title VII: Budgeting in an Era of Surpluses - Amends the Gramm-Rudman-Hollings Act to revise the purpose of pay-as-you-go provisions to declare such purpose to be to assure that direct spending or receipts legislation does not increase the deficit or exceed the on-budget surplus. Reduces the amount of any sequestration for the budget year by any OMB estimate of excess receipts over outlays. Excludes outlays and receipts of the Federal Old-Age and Survivors and Disability Insurance Trust Funds, or any off-budget entity from such estimates. Defines a net deficit, for purposes of sequestration provisions, as the amount by which decreases in revenues plus increases in outlays exceed increases in revenues plus decreases in outlays. Includes within sequestration preview reports the estimated excess of receipts over outlays, if any, with specified assumptions and without taking into account the effect of direct spending and receipts legislation enacted after this Act. Requires actual levels of enacted discretionary spending limits to be used in the final pay-as-you-go report regarding information on excess receipts.
United States · United States Congress · 10 October 1998
OCS Environmental Consistency Act of 1998 - Amends the Coastal Zone Management Act of 1972 to mandate State receipt of an environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969 as a prerequisite to State review of an exploration, development, or production plan.
United States · United States Congress · 25 September 1998
TABLE OF CONTENTS: Title I: Estuary Habitat Restoration Title II: Chesapeake Bay and Other Regional Initiatives Estuary Habitat Restoration Partnership Act of 1998 - Title I: Estuary Habitat Restoration - Establishes the Estuary Habitat Restoration Collaborative Council, to be composed of specified Federal officials. (Sec. 105) Directs the Council to develop an estuary habitat restoration strategy to ensure a comprehensive approach to the selection and prioritization of estuary habitat restoration projects and to foster the coordination of Federal and non-Federal activities related to such restoration. Sets forth factors to be considered by the Council in determining project assistance eligibility. Grants a restoration project a higher priority for funding if it meets selection criteria and: (1) it is part of a federally approved estuary management or habitat restoration plan; (2) the non-Federal share of the project exceeds 50 percent; or (3) there is a program within the project watershed that addresses sources of pollution and other activities that would re-impair the restored habitat. Provides that an activity shall not be considered to be a restoration activity if it constitutes: (1) mitigation for the adverse effects of an activity regulated by Federal or State law; or (2) restitution for natural resource damages required under such laws. Permits the Council to pay up to 25 percent of the cost of interim actions of restoration activity, pending completion of the strategy. Prohibits selection of a project until non-Federal interests have entered into specified written cooperation agreements. Requires such agreements to provide for project maintenance and monitoring. Authorizes appropriations for the Council and for acquiring and managing project monitoring data. (Sec. 106) Requires non-Federal applicants for assistance to demonstrate that a project meets this title's requirements and criteria established by the Council. Limits the Federal share of assistance to 65 percent of a project's cost. (Sec. 107) Directs the Secretary of the Army to maintain a database of information on projects funded under this title. (Sec. 110) Makes certain funds provided under the Water Resources Development Acts of 1986 and 1996 available to States and non-Federal persons in carrying out interim actions or projects under this title. Authorizes appropriations. (Sec. 111) Amends the Federal Water Pollution Control Act to permit certain grants for the development of estuary conservation and management plans to be used for the implementation of plans as well. Extends the authorization of appropriations for the National Estuary Program through FY 2000. (Sec. 112) Requires the Secretary to ensure that estuary habitat restoration is included as a primary mission of the Army Corps of Engineers. Authorizes the Secretary to carry out estuary habitat restoration projects. Directs the Comptroller General to report to the Congress and the Secretary on the extent to which the Council needs additional personnel and administrative resources to carry out this title, including recommendations for necessary additional funding. Title II: Chesapeake Bay and Other Regional Initiatives - Revises provisions of the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency (EPA) to: (1) continue the Chesapeake Bay Program; and (2) maintain a Program Office to provide specified support to the Chesapeake Executive Council. Authorizes the Administrator to provide technical assistance and assistance grants to nonprofit private organizations and individuals, State and local governments, colleges and universities, and interstate agencies to carry out the Program. Provides the Federal and non-Federal share of various Program costs. Provides for Chesapeake Bay Agreement (an agreement among signatory members to restore and protect the Bay's ecosystem) signatory management mechanism implementation grants, with specified Federal and non-Federal shares. Requires any Federal agency that owns or operates a facility within the Bay watershed to participate in regional and subwatershed planning and restoration programs. Directs the Administrator to ensure that management plans are developed and that implementation is begun by Agreement signatories for the Bay tributaries to achieve specified nutrient, water quality, toxics reduction, and habitat restoration and protection goals. Authorizes the Administrator to offer technical assistance and assistance grants for cooperative tributary basin strategies that address the Bay's water quality and living resource needs or locally-based protection and restoration programs that complement such strategies. Directs the Administrator to study and report to the Congress on Program goals, effects, and needs. Authorizes appropriations. (Sec. 202) Amends the Federal Water Pollution Control Act to extend the authorization of appropriations for specified activities related to the Management Conference of the Long Island Sound Study.
United States · United States Congress · 10 September 1998
TABLE OF CONTENTS: Title I: Provisions Primarily Affecting Individuals Title II: Provisions Primarily Affecting Businesses Subtitle A: Certain Expiring Provisions Modified and Made Permanent Subtitle B: Credit for Clinical Testing Research Expenses Attributable to Certain Qualified Academic Institutions Including Teaching Hospitals Tax Relief for Working Americans Act of 1998 - Title I: Provisions Primarily Affecting Individuals - Amends the Internal Revenue Code to make the basic standard deduction for married individuals twice the deduction for unmarried individuals. (Sec. 102) Provides for the full deduction for health insurance costs of individuals not eligible to participate in employer-subsidized health plans. (Sec. 103) Revises provisions concerning the aggregate amount of nonrefundable personal credits allowed to provide that the aggregate amount of such credits shall not exceed the sum of the taxpayer's regular tax liability and the alternative minimum tax. (Sec. 104) Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to increase, for any taxable year ending after 1998 and before 2000, the monthly exempt amount for individuals who have attained retirement age. Title II: Provisions Primarily Affecting Businesses - Subtitle A: Certain Expiring Provisions Modified and Made Permanent - Makes permanent the credit for increasing research activities. Increases the alternative incremental credit rate. (Sec. 202) Makes permanent the work opportunity credit. Sets forth, as a general rule, that the amount equal to the work opportunity credit amount with respect to any wages paid for any calendar quarter by an eligible tax-exempt employer shall be treated as payment by such employer of such employer's tax liability for such calendar quarter. (Sec. 203) Extends permanently the special rule for contributions of stock for which market quotations are readily available. (Sec. 204) Excludes from the definition of "foreign personal holding company income" income which is derived in the active conduct by a controlled foreign corporation of a banking, financing, or similar business, subject to stated conditions. Subtitle B: Credit for Clinical Testing Research Expenses Attributable to Certain Qualified Academic Institutions Including Teaching Hospitals - Establishes a medical innovation credit equal to 20 percent of the excess (if any) of: (1) the qualified medical innovation expenses for the taxable year; over (2) the medical innovation base period amount. Defines terms.
United States · United States Congress · 30 July 1998
Amends the Internal Revenue Code to exempt an organization from income tax if it is created by a State to provide property and casualty insurance coverage for property for which such coverage is otherwise unavailable.
United States · United States Congress · 23 July 1998
Schools and Libraries Internet Access Act - Amends the Communications Act of 1934 to repeal provisions authorizing the Federal Communications Commission to take certain actions to provide access to advanced telecommunications services for schools, health care providers, and libraries. Amends the Internal Revenue Code to reduce the excise tax paid for telephone and other communications services to one percent (currently, three percent) of the total paid for such services beginning with bills rendered on or after January 1, 1999, and before October 1, 2003. Repeals such communications taxation provisions with respect to bills rendered on or after October 1, 2003. Establishes in the Treasury the Telecommunications Technology Trust Fund and appropriates into such Fund all amounts received pursuant to the above taxation authority after December 31, 1998. Makes such funds available to carry out provisions of the National Telecommunications and Information Administration Organization Act (NTIAO) as added under this Act. Terminates this section on October 1, 2003. Amends the NTIAO to direct the Secretary of Commerce to award a fiscal year grant to each State having an approved plan for the acquisition of telecommunications and related services for: (1) the provision of health care services by any public or nonprofit health care provider that serves persons residing in a rural area; or (2) elementary and secondary schools and libraries, for educational purposes. Provides for an allocation of State funding based on relative populations. Requires the State plan to take into consideration the relative economic need of the eligible entities, including the number of students living in low-income or sparsely populated areas. Authorizes appropriations from the Fund for FY 1999 through 2003 for such grants and administrative expenses. Authorizes appropriations for FY 2004 and thereafter for such purposes from general Treasury funds.
United States · United States Congress · 22 July 1998
TABLE OF CONTENTS: Title I: Enhanced Source and Transit Country Coverage Title II: Enhanced Eradication and Interdiction Strategy in Source Countries Title III: Enhanced Alterative Crop Development Support in Source Zone Title IV: Enhanced International Law Enforcement Training Title V: Enhanced Drug Transit and Source Zone Law Enforcement Operations and Equipment Title VI: Relationship to Other Laws Western Hemisphere Drug Elimination Act - Declares that it is U.S. policy to: (1) reduce the supply of drugs and drug use through an enhanced drug interdiction effort in the major drug transit countries and a comprehensive supply country eradication and crop substitution program, because a commitment of increased resources in international drug interdiction efforts will create a balanced national drug control strategy among demand reduction, law enforcement, and international drug interdiction efforts; and (2) support policies and dedicate the resources necessary to reduce the flow of illegal drugs into the United States by not less than 80 percent by December 31, 2001. Title I: Enhanced Source and Transit Country Coverage - Authorizes appropriations for FY 1999 through 2001 for the Department of the Treasury and the Department of Defense (DOD) for the enhancement of air coverage and operation for drug source and transit countries. (Sec. 102) Authorizes appropriations for FY 1999 through 2001 for the Department of Transportation (DOT) for the enhancement of U.S. Coast Guard maritime coverage and operation in drug source and transit countries. (Sec. 103) Authorizes appropriations for FY 1999 through 2001 for the DOD for the enhancement of radar coverage in drug source and transit countries. Title II: Enhanced Eradication and Interdiction Strategy in Source Countries - Authorizes appropriations for FY 1999 through 2001 for the Department of State and the DOD for the enhancement of drug- related eradication efforts in Colombia. (Sec. 202) Authorizes appropriations for FY 1999 through 2001 for: (1) the Department of State for the establishment of a third drug interdiction site at Puerto Maldonado, Peru, to support air bridge and riverine missions for enhancement of drug-related eradication efforts there; and (2) the DOD for operation and maintenance, Defense-wide, for enhancement of drug interdiction efforts in Peru for support of multinational riverine and small boat maintenance training programs in Iquitos, Peru. Directs the Secretary of Defense to study and report to the Congress on Peruvian counternarcotics air interdiction requirements. (Sec. 203) Authorizes appropriations for FY 1999 through 2001 for the Department of State for enhancement of drug-related eradication efforts in Bolivia. (Sec. 204) Directs the Secretary of State to purchase six Bell 212 high altitude helicopters designated for opium eradication programs in Mexican states of Guerrero, Jalisco, and Sinaloa, for enhancement of drug-related eradication efforts there. Makes this purchase mandate contingent on Mexico's agreement to approve full diplomatic immunity for Drug Enforcement Administration (DEA) personnel serving in Mexico with privileges granted to U.S. Government officials to carry weapons necessary for the performance of their duties. Authorizes appropriations. Expresses the sense of the Congress that: (1) all U.S. law enforcement personnel serving in Mexico should be accorded the same status as diplomatic and consular personnel serving at U.S. posts in Mexico; and (2) all Mexican narcotics law enforcement personnel serving in the United States should be accorded the same diplomatic and consular status as DEA personnel serving in Mexico. (Sec. 205) Authorizes appropriations for FY 1999 through 2001 for enhanced precursor chemical control projects. (Sec. 206) Requires any individual serving as an assistant secretary of any Federal agency or department who has primary responsibility for international narcotics control and law enforcement (including the principal deputy of any such assistant) to have substantial professional qualifications in the fields of management and Federal law enforcement, or intelligence. Declares that the DOD shall have sole responsibility in implementation and processing of counternarcotics foreign military sales requests (with the Department of State having a consultative role in such requests). (Sec. 207) Expresses the sense of the Congress that the responsiveness and effectiveness of Department of State international narcotics assistance activities have been hampered due, in part, to the lack of law enforcement expertise by responsible Department of State personnel. Requires the Director of National Drug Control Policy to report to the appropriate congressional committees on: (1) the responsiveness and effectiveness of such activities; and (2) the feasibility costs and steps needed to achieve a transfer of the Department of State's Bureau of International Narcotics and Law Enforcement Affairs to the DEA. Authorizes appropriations. Title III: Enhanced Alternative Crop Development Support in Source Zone - Authorizes appropriations for FY 1999 through 2001 for the U.S. Agency for International Development (AID) for certain alternative crop development programs in Colombia, Peru, and Bolivia. Title IV: Enhanced International Law Enforcement Training - Authorizes appropriations for FY 1999 through 2001 for the Department of Justice for the establishment and operation of international law enforcement academies to carry out law enforcement training activities in Latin America and the Caribbean, Thailand, and South Africa. (Sec. 401) Authorizes appropriations for FY 1999 through 2001 for the DOT and the Department of the Treasury for the joint establishment, operation, and maintenance in San Juan, Puerto Rico, of a center for training law enforcement personnel of countries located in Latin America and the Caribbean in matters relating to maritime law enforcement (including customs-related ports management matters). Authorizes appropriations for FY 1999 through 2001 for the DOT for the establishment, operation, and maintenance of maritime training vessels. (Sec. 402) Authorizes appropriations for FY 1999 through 2001 for the Department of Justice for: (1) substantial exchanges for Mexican judges, prosecutors, and police; and (2) enhanced support for the Brazilian Federal Police Training Center. Authorizes appropriations for FY 1999 through 2001 for the DOD for operation and maintenance, Defense-wide, for locating and operating Coast Guard and Navy assets so as to strengthen the capability of the Coast Guard of Panama to patrol the Atlantic and Pacific coasts for drug enforcement and interdiction activities. Makes members of the national police of Panama eligible to receive training through the International Military Education Training (IMET) program. Authorizes appropriations for FY 1999 through 2001 for the DOD for operation and maintenance, Defense-wide, for support for the Venezuelan Joint National Guard and Judicial Technical Police Counterdrug Intelligence Center. Authorizes appropriations for FY 1999 through 2001 for the DOT and the Department of the Treasury for the buildup of local coast guard and port control in: (1) Guayaquil and Esmeraldas, Ecuador; (2) Haiti and the Dominican Republic; and (3) Belize, Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua (Central America). (Sec. 403) Authorizes the DEA Administrator to transfer or lease a specified amount of nonlethal equipment to foreign law enforcement organizations for the purpose of establishing and carrying out cooperative illicit narcotics control activities. Title V: Enhanced Drug Transit and Source Zone Law Enforcement Operations and Equipment - Authorizes appropriations for FY 1999 through 2001 for the DEA, the DOT, the DOD, and the Department of the Treasury for enhancement of counternarcotics operations in drug transit and source countries. (Sec. 501) Authorizes appropriations for FY 1999 through 2001 for the Department of State for the deployment of commercial unclassified intelligence and imaging data and a Passive Coherent Location System for counternarcotics and interdiction purposes in the Western Hemisphere. (Sec. 502) Expresses the sense of the Congress that the Secretary of Defense should revise the DOD's Global Military Force Policy in order to: (1) treat the international drug interdiction and counter- drug activities of the DOD as a military operation other than war (thus elevating its priority to just below that for war); and (2) allocate DOD assets to drug interdiction and counter-drug activities in accordance with such priority. Title VI: Relationship to Other Laws - Declares that funds authorized to be appropriated for any Federal department or agency for FY 1999 through 2001 are in addition to funds authorized to be appropriated for that department or agency for those fiscal years by any other provision of law.
United States · United States Congress · 16 July 1998
TABLE OF CONTENTS: Title I: Amendments to the Employee Retirement Income Security Act of 1974 Subtitle A: Patient Protections Subtitle B: Patient Access to Information Subtitle C: New Procedures and Access to Courts for Grievances Arising under Group Health Plans Subtitle D: Affordable Health Coverage for Employees of Small Businesses Title II: Amendments to Public Health Service Act Subtitle A: Patient Protections and Point of Service Coverage Requirements Subtitle B: Patient Access to Information Subtitle C: HealthMarts Subtitle D: Community Health Organizations Title III: Amendments to the Internal Revenue Code of 1986 Subtitle A: Patient Protections Subtitle B: Patient Access to Information Subtitle C: Medical Savings Accounts Title IV: Health Care Lawsuit Reform Subtitle A: General Provisions Subtitle B: Uniform Standards for Health Care Liability Actions Title V: Confidentiality of Health Information Title VI: Medical Savings Accounts for Federal Employees Patient Protection Act of 1998 - Title I: Amendments to the Employee Retirement Income Security Act of 1974 - Subtitle A: Patient Protections - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to prohibit a group health plan, or a health insurance issuer offering group coverage, from imposing on a health professional any prohibition on advice provided to a participant or beneficiary. Requires a plan or issuer, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization) for emergency medical screening examinations if a prudent layperson would determine them necessary; (2) routine gynecological or obstetric specialist care, to provide those benefits without authorization or referral by a primary care provider; or (3) routine pediatric specialist care, to allow designation of a pediatric specialist as the primary provider. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. Subtitle C: New Procedures and Access to Courts for Grievance Arising Under Group Health Plans - Requires group health plans to: (1) provide written notice to participants or beneficiaries and providers of adverse coverage decisions; and (2) meet specified time limits for responding to routine, urgent, and emergency benefit payment requests, coverage advance determinations, and medical necessity determinations. Provides for initial coverage decision internal and, in certain circumstances, external review. Makes a plan's fiduciary who, after an external review recommends coverage, causes a failure to provide a benefit liable to the participant or beneficiary for a civil penalty and attorney's fees and costs. Allows assessment of a civil penalty against a fiduciary for any pattern or practice of repeated adverse coverage decisions in violation of the terms of the plan or ERISA. Allows an action before exhaustion of administrative remedies. Provides for concurrent Federal-State court jurisdiction for actions relating to certain amendments made by this Act. Subtitle D: Affordable Health Coverage for Employees of Small Businesses - Small Business Affordable Health Coverage Act of 1998 - Defines "association health plan" to mean a group health plan meeting specified requirements, including being sponsored by a trade, industry, or professional association, a chamber of commerce (or a similar business association) organized and maintained for substantial purposes other than obtaining or providing medical care. Provides for association plan certification and mandates a class certification procedure. Regulates association plans' boards of trustees and sponsors. Prohibits, for plans in existence on the date of enactment of this Act, a sponsor's affiliated members from being offered coverage unless the member: (1) was affiliated on the certification date; or (2) did not maintain or contribute to a group health plan during the 12 months before the offering of coverage. Prohibits a participating employer from providing health coverage in the individual market for any employee who is eligible for plan coverage if the exclusion from plan coverage is based on health status. Prohibits excluding an employer from an association plan if the employer and plan each meet specified requirements. Prohibits contribution rates for any participating small employers from varying on the basis of claims experience or type of business. Requires, if any plan benefit option does not consist of health coverage, that the plan have at least 1,000 participants and beneficiaries. Requires, if a benefit option consisting of health coverage is offered under the plan, that State-licensed insurance agents be used to distribute to small employers coverage that is not health coverage in a manner comparable to the manner in which those agents are used to distribute health coverage. Requires that a plan consist only of health coverage or, if the plan provides any additional benefit options, that the plan meet certain reserve and excess stop loss insurance and solvency indemnification requirements regarding the additional benefit options for which risk has not yet been transferred. Requires that all plans maintain a specified surplus. Requires association plans providing additional options to make annual payments to the Association Health Plan Fund. Requires that, when there is or will be a failure to maintain such reserves, excess stop loss insurance, and indemnification, the Secretary of Labor pay amounts as necessary to maintain the excess stop loss insurance or indemnification. Establishes the Fund. Mandates advance notice to participants and beneficiaries of certified plan termination. Requires, when a plan has failed or will fail to maintain required reserves, excess stop loss insurance, and indemnification, either corrective action or plan termination. Provides for court appointment of the Secretary as trustee to administer a plan during insolvency. Allows a State to impose a contribution tax on an association plan providing additional options if the plan began operations in the State after enactment of this Act. Sets forth special rules for church plans. Declares that the provisions of this subtitle supersede certain related State laws. (Sec. 1303) Modifies the circumstances in which two or more trades or businesses must be deemed a single employer. (Sec. 1304) Excludes from the definition of "multiple employer welfare arrangement" any arrangement: (1) established or maintained under specified Federal (or similar State) labor relations provisions; or (2) meeting certain collective bargaining and other requirements. (Sec. 1305) Imposes criminal penalties for falsely representing any benefit as: (1) being a certified association plan; or (2) having been established or maintained under certain collective bargaining agreements. (Sec. 1306) Allows a State to enter into an agreement with the Secretary for delegation to the State of some or all of the Secretary's enforcement or certification authority. Title II: Amendments to Public Health Service Act - Subtitle A: Patient Protections and Point of Service Coverage Requirements - Amends the Public Health Service Act to prohibit a group health plan, or a health insurance issuer offering group coverage, from imposing on a health professional any prohibition on advice provided to a participant or beneficiary. Requires a plan or issuer, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization) for emergency medical screening examinations if a prudent layperson would determine them necessary; (2) routine gynecological or obstetric specialist care benefits, to provide those benefits without an authorization or referral by a primary provider; or (3) routine pediatric specialist benefits, to allow designation of a pediatric specialist as the primary provider. (Sec. 2002) Requires health maintenance organizations (HMOs) that provide coverage under a group health plan only if services are furnished exclusively through members of a closed panel to make available to the plan sponsor an option covering services without regard to whether the providers are panel members. Requires HMOs, when a plan sponsor declines that option, to make optional supplemental coverage available in the individual market to each plan participant. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. (Sec. 2102) Requires the General Accounting Office to report to a specified congressional committee on the compliance of: (1) the Department of Justice and all U.S. Attorneys with a specified guideline relating to false claims and civil health care; and (2) the Office of the Inspector General of the Department of Health and Human Services with specified protocols and best practice guidelines. Subtitle C: HealthMarts - Health Care Consumer Empowerment Act of 1998 - Requires that HealthMarts: (1) be nonprofit legal entities composed of small employers, employees of small employers, health care providers, and entities that underwrite or administer health benefits coverage; and (2) make available health coverage to all small employers and eligible employees at rates established by the insurance issuer on a policy or product specific basis. Deems HealthMarts group health plans for purposes of specified provisions of ERISA and the Internal Revenue Code. Requires that coverage made available to an eligible employee in a geographic area be offered to all eligible employees in the same area. Declares that the HealthMart: (1) provides coverage only through contracts with issuers and does not assume insurance risk; (2) provides administrative services for purchasers; and (3) collects and disseminates consumer information on all coverage options offered through the Healthmart. Requires that HealthMart coverage provide full portability of creditable coverage for individuals who remain members of the same HealthMart notwithstanding that they change employers. Allows HealthMart coverage to include coverage: (1) through an HMO, a preferred provider or licensed provider-sponsored organization, an insurance company, a medical savings or flexible spending account, or a community health organization; (2) that includes a point-of- service option; or (3) any combination of those coverages. Requires a HealthMart to permit any small employer to contract for coverage and prohibits varying eligibility conditions. Prohibits the purchaser from obtaining or sponsoring coverage other than through the HealthMart. Prohibits enrollment discrimination based on health. Supersedes certain related State laws. Provides for the application of: (1) certain existing ERISA and Public Health Service Act requirements; and (2) renewability requirements when the contract between a HealthMart and an issuer is terminated. Directs the Secretary of Health and Human Services to administer this subtitle through a separate Health Care Marketplace Division. Subtitle D: Community Health Organizations - Allows a community health organization to offer health coverage in a State in spite of not being licensed in that State if the organization has received a licensure waiver from the Secretary of Health and Human Services and other requirements are met. Mandates the establishment of Federal financial solvency and capital adequacy standards. Title III: Amendments to the Internal Revenue Code of 1986 - Subtitle A: Patient Protections - Amends the Internal Revenue Code to prohibit a group health plan from imposing on a health professional any prohibition on advice provided to a participant or beneficiary. Requires a plan, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization) for emergency medical screening examinations if a prudent layperson would determine the examinations necessary; or (2) routine gynecological or obstetric specialist care, to provide those benefits without an authorization or referral by a primary provider. Requires a plan or issuer, if it provides benefits for routine pediatric specialist care, to allow designation of a pediatric specialist as the primary provider. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. (Sec. 3102) Requires the General Accounting Office to report to specified congressional committees on the compliance of: (1) the Department of Justice and all U.S. Attorneys with a specified guideline relating to false claims and civil health care; and (2) the Office of the Inspector General of the Department of Health and Human Services with specified protocols and best practice guidelines. Subtitle C: Medical Savings Accounts - Repeals provisions limiting the number of individuals having medical savings accounts. Allows all employers to offer the accounts. Modifies requirements regarding: (1) the monthly limitation on related deductions; (2) coordination with the exclusion for employer contributions; and (3) the deductible amounts that will qualify as a high deductible plan. Allows the accounts to be included in cafeteria plans. Sets forth special rules for individuals receiving immediate Federal annuities. (Sec. 3202) Allows medical savings accounts to be used by persons with incomes under a certain amount to pay for insurance offered by a community health center. Title IV: Health Care Lawsuit Reform - Subtitle A: General Provisions - Declares that this title applies to any health care liability action in any State or Federal court, except actions: (1) relating to vaccine-related injury to which title XXI (Vaccines) of the Public Health Service Act applies; or (2) under the Employee Retirement Income Security Act of 1974 (ERISA). Preempts State laws inconsistent with this title, but not that impose greater restrictions than those in this title. Excludes economic or punitive damages and attorneys' fees or costs from the determination of the amount in controversy. Subtitle B: Uniform Standards for Health Care Liability Actions - Establishes a statute of limitations for bringing a health care liability action. (Sec. 4012) Limits non-economic damages. Substitutes any different level set by a State after enactment of this Act. Makes defendants liable only for the proportion of the damages due to the defendant's fault. Allows punitive damages, to the extent permitted by State law, if the claimant establishes by clear and convincing evidence that the defendant's conduct intended to cause harm or manifested a conscious, flagrant indifference to the rights or safety of others. Prohibits punitive damages against a manufacturer or product seller of a drug or medical device where the drug or device was subject to Food and Drug Administration (FDA) premarket approval or the drug is generally recognized as safe and effective by the FDA. Prohibits punitive damages relating to packaging or labeling of a drug that is required to have tamper-resistant packaging unless the packaging or labeling is found by clear and convincing evidence to be substantially out of compliance. Prohibits requiring lump-sum payment of future economic and non-economic damages over $50,000. Allows any defendant to introduce evidence of collateral source payments. Prohibits any collateral source payments provider from recovering any amount against the claimant, receiving any lien or credit against the recovery, or being subrogated to the claimant's rights. (Sec. 4013) Requires any alternative dispute resolution used to resolve a health care liability action or claim to contain provisions consistent with this title. Title V: Confidentiality of Health Information - Amends title XI of the Social Security Act to require health care providers, health plans, employers, health or life insurers, or educational institutions to permit an individual who is the subject of protected health information to inspect and copy the information. Requires, if the individual requests addition of a supplemental statement to the information, that those parties: (1) add the statement and make reasonable efforts to inform any person to whom the information was disclosed during the preceding year; or (2) if addition of the statement is refused, allow the individual to file a statement of disagreement. Requires health care providers, health plans, health oversight agencies, public health authorities, employers, health or life insurers, health researchers, or educational institutions to maintain safeguards to ensure the confidentiality, security, accuracy, and integrity of protected health information. Requires any person who maintains protected health information to disclose the information to a health care provider or health plan to permit the provider or plan to conduct health care operations. Preempts State law provisions that: (1) are inconsistent with certain provisions of this title under Article VI (dealing with national supremacy, among other matters) of the Constitution; or (2) relate to specified matters dealt with in this title. Imposes civil fines for substantially and materially failing to comply with the above provisions of this title. Amends title XVIII (Medicare) of the Social Security Act to authorize the Secretary of Health and Human Services to refuse to enter into, terminate, or refuse to renew an agreement with a physician or supplier that has violated the above provisions of this title. Requires compliance with certain provisions of this title by Medicare+Choice organizations, Medicare providers, and HMOs with risk- sharing contracts. (Sec. 5002) Requires the Comptroller General to report to the Congress on the effect of State laws on health-related research subject to review by an institutional review board or institutional review committee with regard to the protection of human subjects. (Sec. 5003) Requires the Comptroller General to submit to the Congress a compilation of State laws on the confidentiality of protected health information and an analysis of the effect of those laws on the provision of, and securing payment for, health care. (Sec. 5004) Exempts information developed by a health care provider in response to a serious, adverse, patient-related event and for specified purposes (health care response information) from any disclosure requirement, in connection with a civil or administrative proceeding under Federal or State law, to the same extent as information developed by the provider regarding peer review, utilization review, quality management or improvement, quality control, risk management, or internal review to reduce mortality, morbidity, or patient care or safety. Prohibits deeming the protection of health care response information from disclosure modified by the development of such information in connection with a request or requirement of an accrediting body or the transfer of that information to an accrediting body. Title VI: Medical Savings Accounts for Federal Employees - Amends Federal law relating to Federal employees' health insurance to entitle an employee or annuitant enrolled in a high deductible health plan to have a Government contribution made to the employee's or annuitant's medical savings account, subject to exceptions and limitations. Requires that, at the employee's or annuitant's request, an amount specified by the employee or annuitant be withheld from their pay or annuity and contributed to their medical savings account. Requires the Office of Management and Budget (OMB) to contract for a high deductible health plan with any qualified carrier that offers such a plan and offers a plan under provisions relating to Federal employees' health insurance. Allows OMB to contract for a high deductible plan with any qualified carrier that offers such a plan but does not offer a plan under those provisions.
United States · United States Congress · 16 July 1998
Expresses: (1) the condolences of the Congress to the State and the people of Florida for the losses suffered as a result of the wild land fires occurring in June and July 1998; and (2) support to the State and the people of Florida as they overcome the effects of the fires. Commends: (1) the heroic efforts of the firefighters from across the Nation in battling the fires; and (2) the many Federal, State, and local government agencies that have contributed vital support functions in response to the fires.
![Official portrait of Rep. Goss, Porter J. [R-FL-14]](https://www.congress.gov/img/member/g000336_200.jpg)