United States · United States Congress · 7 July 1998
Amends the Internal Revenue Code to permanently extend the credit for increasing research activities. Permits the election of an alternative incremental credit. Modifies the credit with respect to basic research. Allows the credit for expenses attributable to a qualified research consortium (as defined).
United States · United States Congress · 26 June 1998
TABLE OF CONTENTS: Title I: Pension Access and Coverage Subtitle A: Improved Access to Individual Retirement Savings Subtitle B: Secure Money Annuity or Retirement (SMART) Trusts Subtitle C: Improved Fairness in Retirement Plan Benefits Title II: Security Subtitle A: General Provisions Subtitle B: ERISA Enforcement Subtitle C: Increase in Excise Tax on Employer Reversions Title III: Portability Title IV: Comprehensive Women's Pension Protection Subtitle A: Pension Reform Subtitle B: Protection of Rights of Former Spouses to Pension Benefits Under Certain Government and Government-Sponsored Retirement Programs Subtitle C: Modifications of Joint and Survivor Annuity Requirements Title V: Date for Adoption of Plan Amendments Retirement Accessibility, Security, and Portability Act of 1998 - Title I: Pension Access and Coverage - Subtitle A: Improved Access to Individual Retirement Savings - Amends the Internal Revenue Code (IRC) to allow a tax credit for up to a maximum $500 of the qualified start-up costs of eligible small employers in establishing a qualified pension plan or qualified employer payroll deduction system. (Sec. 102) Provides for an exclusion from an employee's gross income of payroll deduction contributions to individual retirement accounts (IRAs). (Sec. 103) Provides for a nonrefundable tax credit for contributions to individual retirement plans. (Sec. 104) Allows the use without penalty of distributions from certain plans during periods of unemployment. Subtitle B: Secure Money Annuity or Retirement (SMART) Trusts - Establishes a defined benefit plan option for small businesses, to be known as secure money annuity or retirement (SMART) trusts. Subtitle C: Improved Fairness in Retirement Plan Benefits - Amends the IRC to require a specified minimum employer contribution to SIMPLE retirement accounts. Provides for an employer option to suspend contributions with 30-days' notice. Amends the Employee Retirement Income Security Act of 1974 (ERISA) with respect to fiduciary duties in the case of such accounts. (Sec. 122) Amends the IRC to set forth various nondiscrimination rules for qualified cash or deferred arrangements and matching contributions. (Sec. 123) Increases from $75,000 to $80,000 per year specified compensation criteria for a highly compensated employee. Excludes specified categories of employees with respect to age, short length of service, and part-time service from the meaning of highly compensated employee. (Sec. 124) Includes multiemployer plans, as well as governmental plans, under specified provisions of IRC for: (1) special limitation rules relating to compensation limits; and (2) exemptions for survivor and disability benefits. (Sec. 125) Declares that compensation deferred under a mirror plan shall not be taken into account in applying certain limits (with respect to deferred compensation plans of State and local governments and tax-exempt organizations) to compensation deferred under any other deferred compensation plan. (Sec. 126) Amends specified Federal law relating to Federal employees to allow immediate participation in the Thrift Savings Plan for Federal employees by eliminating certain waiting periods. (Sec. 127) Amends IRC and ERISA to set a full funding limitation for multiemployer plans. (Sec. 128) Eliminates IRC partial termination rules for multiemployer plans. (Sec. 129) Replaces the 150 percent of current liability factor in the calculation of the full-funding limit with an incremental scale from 155 percent in 1998 to 170 percent in 2001, followed by zero in 2002 and succeeding years. Title II: Security - Subtitle A: General Provisions - Amends ERISA to revise requirements for periodic pension benefits statements. (Sec. 202) Applies an ERISA requirement for annual, detailed investment reports to certain IRC section 401(k) plans. (Sec. 203) Directs the Secretary of Labor, in prescribing regulations for required information in such reports, to consider including specified types of information. (Sec. 204) Directs the Secretary to study and report to the Congress on: (1) the extent to which pension plans invest in collectibles; and (2) whether such investments present a risk to the pension security of the participants and beneficiaries of such plans. (Sec. 205) Amends IRC to prohibit qualified employer plans from making loans through credit cards and other intermediaries. (Sec. 206) Increases the amounts of multiemployer plan benefits guaranteed under ERISA. (Sec. 207) Increases the maximum amount of the civil penalty which may be assessed administratively for certain prohibited transactions. (Sec. 208) Amends ERISA with respect to substantial owner benefits to revise the phase-in of guarantee and the allocation of assets. (Sec. 209) Directs the Secretary to report annually to the President and the Congress on plans from which residual assets were distributed to employers (reversion report). Subtitle B: ERISA Enforcement - Amends ERISA enforcement provisions to change from mandatory to discretionary the Secretary's authority to impose certain civil penalties for breach of fiduciary responsibilities. (Sec. 212) Revises reporting and enforcement requirements for employee benefit plans. Requires plan administrators and accountants to notify the Secretary: (1) of specified irregularities; and (2) upon termination of the accountant. Authorizes the Secretary to impose civil penalties for failure to make such notifications. (Sec. 213) Sets forth additional ERISA requirements for qualified public accountants. (Sec. 214) Directs the Inspector General of the Department of Labor to study, and report to the Congress and the Secretary on, the need for regulatory standards and procedures to authorize the Secretary, in appropriate cases, to prohibit persons from serving as qualified accountants for purposes of specified annual reports. Subtitle C: Increase in Excise Tax on Employer Reversions - Amends the IRC to increase the excise tax on reversions of qualified employee benefit plan assets to employers. Title III: Portability - Amends ERISA and the IRC to provide for faster vesting of employer matching contributions. (Sec. 302) Revises certain restrictions on distributions from IRC section 401(k) plans. (Sec. 303) Amends ERISA and the IRC with respect to an accrued benefit not to be decreased by plan amendment to revise the treatment of transfers between defined contribution plans. (Sec. 304) Amends ERISA rules requiring transfer of benefits of missing participants to direct the Pension Benefit Guaranty Corporation (PBGC) to prescribe similar rules for multiemployer plans that terminate. Requires transfer of missing participants' plan benefits to the PBGC by certain plans not otherwise subject to ERISA enforcement provisions. (Sec. 305) Allows rollovers from and to the IRC section 403(b) plans. (Sec. 306) Amends the IRC to set forth requirements relating to rollover contributions from deferred compensation plans of State and local governments. (Sec. 307) Extends the IRC 60-day rollover period in the case of presidentially declared disasters and service in combat zones. (Sec. 308) Excludes from gross income, for certain IRC purposes, amounts involved in a direct trustee-to-trustee transfer to a defined benefit governmental plan, if such transfer is for: (1) purchase of service credit under such plan; or (2) a specified type of repayment. Title IV: Comprehensive Women's Pension Protection - Subtitle A: Pension Reform - Amends the IRC and ERISA to provide for the spouse's right to know specified distribution information relating to survivor annuities. Provides for the employee's right to know of the opportunity for elective contributions under IRC section 401(k) plans. (Sec. 402) Directs the Secretary of Labor to contract with an independent organization to create a women's pension toll-free phone number and contact. Authorizes appropriations. (Sec. 403) Amends the Social Security Act to modify the government pension offset with respect to certain insurance benefits for wives, husbands, widows, widowers, and mothers and fathers. (Sec. 404) Amends the IRC and ERISA to treat periods of family and medical leave, under the Family and Medical Leave Act of 1993, as hours of service for purposes of pension participation and vesting. (Sec. 405) Amends the IRC to: (1) disallow integration for simplified employee pensions; and (2) provide for eventual repeal of certain pension integration rules. (Sec. 406) Amends the IRC and ERISA with respect to division of pension benefits upon divorce, at the former spouse's election, to deem any State divorce decree to be a domestic relations order specifying that half of the marital share of the participant's accrued benefit is to be provided to such former spouse. (Sec. 407) Amends the Railroad Retirement Act of 1974 (RRA) to entitle divorced spouses to railroad retirement annuities independent of the employee's actual entitlement. Subtitle B: Protection of Rights of Former Spouses to Pension Benefits Under Certain Government and Government-Sponsored Retirement Programs - Amends RRA to extend Tier II railroad retirement benefits to surviving former spouses pursuant to divorce agreements. (Sec. 412) Amends Federal civil service law with respect to survivor annuities for widows, widowers, and former spouses of Federal employees who die before attaining the age for deferred annuity under the Civil Service Retirement System (CSRS). (Sec. 413) Amends Federal civil service law with respect to payment of lump-sum benefits to former spouses of Federal employees under CSRS and the Federal Employees' Retirement System (FERS). Subtitle C: Modifications of Joint and Survivor Annuity Requirements - Modifies ERISA and IRC requirements for joint and survivor annuities to provide for an alternative joint and two-thirds survivor annuity payable while both the participant and the spouse are alive. (Sec. 422) Requires spousal consent for distributions from the IRC section 401(k) plans. Title V: Date for Adoption of Plan Amendments - Sets forth dates for adoption of plan amendments.
United States · United States Congress · 25 June 1998
Federal Research Investment Act - Calls for Federal funding levels for fundamental, scientific, and pre-competitive engineering research to be increased to equal approximately 2.6 percent of the total annual Federal budget. Authorizes appropriations for civilian research and development (R&D) within specified agencies for FY 1999 through 2010. Directs the President to include with the annual budget request a report concerning Federal R&D program funding, future R&D strategies and targets, and an analysis of funding levels across Federal agencies by funding methodology. Requires the Director of the Office of Science Technology Policy (OSTP) to enter in an agreement with the National Academy of Sciences to conduct a comprehensive study to develop methods for evaluating federally-funded R&D programs. Requires the Director of the Office of Management and Budget (OMB), based on study results, to promulgate one or more alternative forms for Federal R&D performance goals. Permits an agency head to apply such an alternative form without further authorization by OMB. Requires agency heads carrying out R&D activities, upon updating a strategic plan, to describe the current and future use of methods for determining an acceptable level of R&D success as recommended by the study. Authorizes appropriations for the study. Requires: (1) the OMB Director, based upon program performance reports, to identify the civilian R&D program activities or components which do not meet an acceptable level of success; (2) an agency head to submit to the appropriate congressional committees a concise statement of the steps needed to terminate a program activity or component identified as being below the acceptable level of success for two consecutive fiscal years; (3) such a program to be terminated unless the Directors of OSTP and OMB and the agency head determine that it should be continued; and (4) the statement of termination to recommend disposition of unexpended and unobligated funds from terminated programs.
United States · United States Congress · 24 June 1998
Class-Size Reduction and Teacher Quality Act of 1998 - Establishes a grants program to help States and local educational agencies recruit, train, and hire 100,000 additional teachers over a seven-year period in order to: (1) reduce class sizes nationally, in grades one through three, to an average of 18 students per classroom; and (2) improve teaching in the early grades so that all students can learn to read independently and well by the end of the third grade. Makes appropriations for FY 1999 through 2008 for such program. Sets forth program requirements for: (1) allotments to States; (2) grant applications; (3) within-State allocations; (4) State-level activities; (5) local uses of funds; (6) cost-sharing; (7) carryover of funds; (8) accountability; (9) participation of private school teachers; (10) evaluation; and (11) waivers.
United States · United States Congress · 23 June 1998
Lewis and Clark Expedition Bicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar and half-dollar coins emblematic of the expedition of Lewis and Clark. Allocates surcharges from coin sales between the National Lewis and Clark Bicentennial Council and the National Park Service for activities associated with the bicentennial commemoration of the expedition.
United States · United States Congress · 19 June 1998
Cardiac Arrest Survival Act - Amends the Public Health Service Act with respect to emergency medical services (EMS). Requires programs for emergency medical services and preventive, diagnostic, therapeutic, and rehabilitative approaches to include: (1) development and dissemination of a core content for a model State training program applicable to cardiac arrest for inclusion in EMS educational curricula and training programs that address lifesaving interventions, including cardiopulmonary resuscitation and defibrillation; (2) a limited demonstration project to provide training in such core content; (3) identification of cardiac arrest care providers; (4) identification of equipment and supplies that should be accessible to such providers to permit lifesaving interventions; (5) development of model State and Federal legislation; and (6) coordination of a national database for reporting and collecting information on the incidence of cardiac arrest and related issues. Prescribes guidelines for the core content of the model State training program. Declares that the purpose of the model legislation is to ensure: (1) access to EMS through consideration of a requirement for public placement of lifesaving equipment; and (2) good samaritan immunity for cardiac arrest care providers, those involved with the instruction of the training programs, and owners and managers of property where equipment is placed.
United States · United States Congress · 18 June 1998
Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to add to title I a new subtitle C, which may be cited as the Program for Investment in Microentrepreneurs Act of 1998. Directs the Administrator of the Community Development Financial Institutions Fund (Administrator) to establish a microenterprise technical assistance and capacity building program to provide Fund grants to qualified non profit organizations to: (1) provide training and technical assistance to disadvantaged entrepreneurs; (2) provide training and capacity building services to help microenterprise development organizations and programs develop microenterprise training and services; and (3) aid in researching and developing the best practices in the field of microenterprise and technical assistance programs for disadvantaged entrepreneurs. Sets forth an allocation formula for such assistance and for grants benefitting very low-income persons, including those residing on Indian reservations. Authorizes a qualified organization to provide subgrants to small and emerging microenterprise entities. Mandates matching funds from non-Federal sources. Authorizes appropriations.
United States · United States Congress · 11 June 1998
Amends the Small Business Act to increase for each of FY 1999 through 2001 the authorization of appropriations for women's business center program projects.
United States · United States Congress · 10 June 1998
Fair Deal for Northern New Mexico of 1998 - Directs the Secretaries of the Interior and of Agriculture to establish a Settlement Committee to develop comprehensive settlements for land grant claims arising out of the Treaty of Guadalupe-Hidalgo of 1848. Requires submission of land grant claims by eligible Mexican descendants to the appropriate New Mexico county settlement committee to be reviewed for their validity and settlement. Directs the Secretary of the Smithsonian Institution and the Settlement Committee to establish a Spanish Land Grant Study program, with a research archive at the Onate Center in Alcalde, New Mexico, in order to assist the Settlement Committee and to archive and interpret the history of land distribution in the southwestern United States under Spanish and Mexican law, including the changes to such distribution system following the transfer of territory from Mexico to the United States under the terms of the Treaty. Authorizes appropriations.
United States · United States Congress · 10 June 1998
Microcredit for Self-Sufficiency Act of 1998 - Authorizes the President to establish programs to provide through U.S. private voluntary organizations (PVOs) and other U.S. and indigenous nongovernmental organizations and credit institutions credit and other assistance for microenterprises in developing countries. Sets forth assistance eligibility criteria. Authorizes funding allocations. Directs the Administrator of the U.S. Agency for International Development (AID), in order to sustain the impact of such assistance, to establish a monitoring system that sets certain performance goals and provides a basis for recommendations for adjustments to enhance its benefit for the very poor, particularly women.
United States · United States Congress · 10 June 1998
Disapproves the rule submitted by the Health Care Financing Administration, Department of Health and Human Services, on June 1, 1998, relating to surety bond requirements for home health agencies under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act.
United States · United States Congress · 9 June 1998
National Bone Marrow Registry Reauthorization Act of 1998 - Amends the Public Health Service Act to: (1) declare that the purpose of the National Bone Marrow Registry is to increase the number of transplants for recipients suitably matched to biologically unrelated bone marrow donors; (2) revise the membership and tenure of the Registry's board of directors; and (3) revise the Registry's functions. Directs the Secretary of Health and Human Services to ensure that the Registry develops, evaluates and implements a plan to: (1) effectuate efficiencies in the relationship between the Registry and donor centers; and (2) incorporate the findings and recommendations of the Bone Marrow Program Inspection conducted as of January 1997 by the Office of the Inspector General. Requires the Registry to: (1) implement a bone marrow donors recruitment program to identify populations underrepresented among potential Registry donors; (2) establish an office of patient advocacy, which shall provide individualized case management services directly to the patient; and (3) report annually to the Secretary on pretransplant costs. Directs the Secretary (acting through the Registry) to establish a scientific registry of information relating to recipients of bone marrow transplants from a biologically unrelated donor. Authorizes appropriations. Directs the Comptroller General to study and report to the Congress on the Registry, covering specified questions, including the extent to which the Registry has increased the representation of racial and ethnic minority groups among potential donors.
United States · United States Congress · 4 June 1998
Designates portions of the highway formerly designated as U.S. Route 66 that remain in existence as "America's Main Street". Directs the Secretary of the Interior to: (1) establish the Office for the Preservation of America's Main Street; and (2) designate National Park Service officials stationed at locations convenient to the States in which a portion of Route 66 is located and interested persons in such States to perform Office functions. Requires the Office to: (1) support efforts of State and local public and private persons and entities in such States to preserve Route 66 by providing technical assistance, participating in cost-sharing programs, and making grants and loans; (2) act as a clearinghouse for communication among Federal, State, and local agencies and private persons and entities interested in the preservation of Route 66; and (3) assist such States in determining the appropriate form of and establishing and supporting a non-Federal entity or entities to perform the Office's functions after it is terminated. Authorizes the Office to: (1) enter into cooperative agreements; (2) accept donations; (3) provide cost-share grants; (4) provide technical assistance in historic preservation and fundraising; and (5) conduct research. Requires the Office: (1) to sponsor a road sign program on Route 66 to be implemented on a cost-sharing basis with State and local organizations; (2) to provide assistance in the preservation of Route 66 that is compatible with the idiosyncratic nature of the highway; (3) not to prepare an overall management plan for Route 66, but to cooperate with the States and local public and private persons and entities in developing local preservation plans to guide efforts to protect the most important or representative resources of Route 66; (4) to develop a technical assistance program in the preservation of Route 66, including guidelines for setting priorities for preservation needs; and (5) to coordinate a program of historic research, curation, preservation strategies, and collection of oral and video histories of Route 66 designed for continuing use and implementation by other organizations after the Office is terminated. Makes available cost-share grants for the preservation of Route 66 for resources that meet the guidelines under the program. Authorizes appropriations. Terminates the Office ten years after the date of enactment of this Act.
United States · United States Congress · 22 May 1998
Postal Employees Safety Enhancement Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) to apply it to the United States Postal Service (USPS) as an employer. Amends Federal law to prohibit USPS from: (1) considering compliance with OSHA in determining whether to close or consolidate a post office; or (2) restricting, eliminating, or adversely affecting any service it provides as a result of paying a penalty imposed under OSHA. Prohibits the Postal Rate Commission from considering compliance with OSHA in determining whether to increase rates. Provides that OSHA compliance shall not otherwise affect the service of the USPS.
United States · United States Congress · 14 May 1998
National Defense Science and Technology Investment Act of 1998 - States that, for each year from FY 2000 until 2008, it shall be an objective of the Secretary of: (1) Defense to increase the Defense Science and Technology Program (DSTP) budget by not less than two percent over inflation over the year before; and (2) Energy to increase the budget for nonproliferation science and technology activities by not less than two percent over inflation over the year before. Authorizes the Secretary of Defense to expend funds from Department of Defense (DOD) 6.1, 6.2, or 6.3 accounts in supporting any individual DSTP project or program. Directs the Secretary to attempt to leverage commercial research, technology, products, and processes for the benefit of DOD. Allows funds made available to the DSTP to be used only to benefit DOD. Includes as key DSTP objectives: (1) the sustainment of research capabilities in scientific and engineering disciplines critical to DOD; (2) the education and training of the next generation of scientists and engineers in disciplines relevant to future defense systems; and (3) the continued support of the Defense Experimental Program to Stimulate Competitive Research and research programs at historically black colleges and universities and minority institutions.
United States · United States Congress · 7 May 1998
Education Opportunity Zones Act of 1998 - Authorizes the Secretary of Education to award grants for specified activities to local educational agencies (LEAs), or LEA consortia, that: (1) have high concentrations of children from low-income families; (2) have a record of achieving high educational outcomes, in at least some of their schools; (3) are implementing standards-based systemic reform strategies to pursue further reforms and raise the academic achievement of all their students; and (4) are keeping their schools safe and drug-free. Sets forth requirements relating to: (1) grant applications; (2) grantee selection criteria; (3) grant amount, duration, and continuation; (4) authorized activities; (5) grantee LEA school eligibility for, and planning and implementation of, schoolwide programs under certain provisions of the Elementary and Secondary Education Act of 1965; (6) participation of private school students and teachers; (7) evaluation; and (8) reservation of certain funds for national activities. Directs the President to designate the school district served by each LEA selected by the Secretary to receive a grant under this title as an Education Opportunity Zone. Authorizes the President to instruct Federal agencies to provide grant recipients under this title with technical and other assistance. Authorizes appropriations.
United States · United States Congress · 6 May 1998
El Camino Real de Tierra Adentro National Historic Trail Act - Amends the National Trails System Act to designate the El Camino Real de Tierra Adentro, a 404-mile trail from the Rio Grande River near El Paso, Texas, to San Juan Pueblo, New Mexico, as a component of the National Trails System. Directs the Secretary of the Interior to administer the trail. Requires owner consent for any Federal land acquisition along the trail. Directs the Secretary to: (1) encourage volunteer groups to develop and maintain the trail; and (2) consult with affected Federal, State, and tribal agencies in its administration. Authorizes the Secretary to coordinate trail activities and programs with the Government of Mexico and Mexican non-governmental organizations and academic institutions.
United States · United States Congress · 5 May 1998
Home Health Integrity Preservation Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act (SSA) with regard to home health agencies. (Sec. 2) Revises surety bond requirements to: (1) reduce the amount of the bond from a minimum $50,000 to a flat $25,000; and (2) specify that it is a surety bond against fraudulent or abusive activities. (Sec. 3) Revises a home health agency's conditions of participation to require that it have: (1) sufficient knowledge of reimbursement requirements, coverage criteria and claims procedures, and the civil and criminal penalties for noncompliance; (2) managing employees with sufficient prior education or work experience in health care delivery; (3) a fraud and abuse compliance program; and (4) a practice of making the most recent compliance survey available to beneficiaries or their representatives. Requires a home health agency to notify its fiscal intermediary and the State licensing or certifying entity that the agency: (1) is providing a category of skilled service that it was not providing at the time of its most recent standard survey; (2) is operating a new branch office that was not in operation at the time of its most recent survey; and (3) is involved in a new joint venture with other health care providers or other business entities. (Sec. 4) Requires the Secretary of Health and Human Services (HHS) to provide for the comprehensive training of State and Federal surveyors in matters relating to requirements for reimbursement and coverage of services. (Sec. 5) Requires home visits conducted as part of a home health agency's standard survey to evaluate whether individuals are homebound for purposes of qualifying for home health benefits. Requires a standard survey to include: (1) an assessment of whether the agency is in compliance with all conditions of participation and other specified requirements; (2) an assessment that the agency's managing employees have attested in writing to having sufficient knowledge of the requirements for reimbursement, coverage criteria and claims procedures, and the civil and criminal penalties for noncompliance; and (3) a review of the services provided by agency subcontractors to ensure that they are being provided in a manner consistent with requirements. Requires a survey, after the first two annual surveys, at any time the agency notifies the Secretary of a new category of skilled service it is providing, or of a new branch office. Requires occasional surveys of randomly selected agencies. Requires any agreement with a fiscal intermediary to require that it review the overall business structure of a home health agency submitting a reimbursement claim, including any related organizations of the agency. (Sec. 6) Prohibits the Secretary from entering into an agreement for the first time with a home health agency unless the agency has: (1) been in operation for at least 60 calendar days; and (2) had at least ten patients during that period of prior operation. (Sec. 7) Directs the Secretary to establish various specified standards and procedures to improve the quality of home health services. (Sec. 9) Directs the Secretary to establish within the HHS Office of the Inspector General a home health integrity task force charged with investigating fraud in the provision of home health services. (Sec. 10) Amends SSA title XI to provide that certain Medicare actions against debtors shall not be subject to a stay of bankruptcy proceedings. Makes certain Medicare debt nondischargeable in bankruptcy. Declares that the repayment of certain Medicare debts shall be considered final and not avoidable transfers under the Federal bankruptcy code. Amends SSA title XVIII to make Medicare rules applicable to bankruptcy proceedings of a Medicare service provider. (Sec. 11) Directs the Secretary to study and report to the Congress on all matters relating to the appropriate home health services to be provided under the Medicare program to individuals with chronic conditions.
United States · United States Congress · 4 May 1998
Grand Jury Due Process Act - Amends rule 6 of the Federal Rules of Criminal Procedure to allow: (1) each witness subpoenaed to appear and testify before a grand jury in a district court, or to produce books, papers, documents, or other objects before that grand jury, to be allowed the assistance of counsel during such time as the witness is questioned in the grand jury room; and (2) counsel for such a witness to be retained by the witness (or, in the case of a witness who is determined by the court to be financially unable to obtain counsel, directs that counsel be appointed). Allows such counsel to be present in the grand jury room only during the questioning of the witness and only to advise the witness. Prohibits such counsel from: (1) addressing the Government attorney or any grand juror or otherwise participating in the grand jury proceedings; and (2) representing more than one client in such a proceeding if the exercise of counsel's independent judgment on behalf of one or both clients will be, or is likely to be, adversely affected by the representation of another client. Authorizes the court, upon determining that counsel retained by or appointed for such witness has violated such provisions, or as necessary to ensure that grand jury activities are not unduly delayed or impeded, to: (1) remove the counsel and either appoint new counsel or order the witness to obtain new counsel; and (2) order separate representation of the witnesses at issue, under specified circumstances. Directs that, upon service of any subpoena requiring any witness to testify or produce information at any proceeding before a grand jury impaneled before a district court, the witness be given adequate and reasonable notice of the right to the presence of counsel in the grand jury room.
United States · United States Congress · 30 April 1998
Breast and Cervical Cancer Treatment Act of 1998 - Amends title XIX (Medicaid) of the Social Security Act to give States the option of making medical assistance for breast and cervical cancer-related treatment services available to certain low-income women without creditable coverage during a presumptive eligibility period. Provides for an enhanced match with regard to such treatment services.
United States · United States Congress · 29 April 1998
Recognizes the historic significance of the 50th anniversary of the reestablishment of the State of Israel. Commends the Israeli people for their achievements in building a new state and a pluralistic democratic society in the Middle East. Reaffirms the bonds of friendship and cooperation between the United States and Israel. Extends congratulations and best wishes to the State of Israel and her people for a peaceful, prosperous, and successful future.
United States · United States Congress · 28 April 1998
Four Corners Interpretive Center Act - Authorizes the Secretary of the Interior to establish the Four Corners Interpretive Center within the boundaries of the Four Corners Monument Tribal Park using land designated and made available by the Navajo Nation or the Ute Mountain Ute Tribe. Authorizes the Secretary, under specified conditions, to award a Federal grant to a recipient (Arizona, Colorado, New Mexico, or Utah, or any consortium of two or more of these States) for up to 50 percent of the cost to construct the Center. Authorizes appropriations.
United States · United States Congress · 28 April 1998
Medicare Home Health Equity Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997 (BBA), to: (1) restore the per visit cost limit to 112 percent of the mean (currently, 105 percent of the median) with regard to payments to home health agencies under Medicare; and (2) revise the interim payment system (IPS) for home health agency services. Directs the Director of the Congressional Budget Office to estimate annually the amount of savings to the Medicare program resulting from the IPS for home health agency services that was established by the BBA. Provides that, if the Director determines that the estimated amount exceeds the amount of savings to the Medicare program that the Director estimated immediately prior to enactment of the BBA by reason of such IPS, then the Director shall certify such excess to the Secretary of Health and Human Services. Requires the Secretary, in turn, when an excess is certified, to prescribe rules under which appropriate adjustments are made to the amount of payments to home health agencies in the case of outliers: (1) where events beyond the home health agency's control or extraordinary circumstances, including the agency's case mix, create reasonable costs for a payment year which exceed the applicable payment limits; or (2) in any other case where the Secretary deems such an adjustment appropriate.
United States · United States Congress · 24 April 1998
Expresses the sense of the Senate that: (1) the American people and the countries in the Asia-Pacific Region are looking for a demonstration of Japanese leadership and close U.S.-Japan cooperation in resolving the current Japanese economic crisis; (2) encouraging the strengthening of the Japanese economy should be one of the Administration's central priorities in its discussions with Japan; (3) other negotiating objectives should be consistent with the overall goal of promoting Japanese economic growth, improving market access to Japan, and restoring stability to international financial markets; and (4) restoring economic growth in Japan and such stability should be given the highest attention at the upcoming meeting of the G-7 countries. Urges: (1) the President to continue to voice his serious concern about the Japanese economic situation, its international, regional, and bilateral implications, and the need to address significant structural impediments to competition in the Japanese markets; (2) the President, Attorney General, Secretary of the Treasury, and U.S. Trade Representative (USTR) to emphasize the importance of financial deregulation; (3) the President, Secretaries of the Treasury and Commerce (Secretaries), and USTR to press for comprehensive and urgent deregulation and fundamental structural reform of the Japanese economy and sectoral markets, liberalization of the distribution system, and elimination of nontariff barriers and anticompetitive business practices; (4) the President, USTR, Commerce Secretary, and Attorney General to continue to press for increased antitrust enforcement by the Japan Fair Trade Commission and strengthening of the Antimonopoly Act; and (5) the President, Secretaries, and Secretary of State to urge the Japanese Government to open the Japanese market and eliminate barriers to foreign direct investment.
United States · United States Congress · 22 April 1998
Neotropical Migratory Bird Conservation Act - Requires the Secretary of the Interior, acting through the Director of the U.S. Fish and Wildlife Service, to establish a program to provide financial assistance for projects to promote the conservation of neotropical migratory birds. Makes the following entities that submit project proposals to the Secretary eligible for such assistance: (1) U.S. Federal, State, or local governmental entities or private entities; (2) governmental or private entities in Latin America or the Caribbean; or (3) international organizations that are dedicated to achieving this Act's purposes. Limits the Federal share of project costs to 33 percent. Establishes a Neotropical Migratory Bird Advisory Committee to carry out specified duties with respect to projects and assistance. Authorizes appropriations to carry out this Act for FY 1999 through 2001.
United States · United States Congress · 22 April 1998
Congratulates the U.S. Army Reserve on the 90th anniversary of its establishment on April 23, 1998. Recognizes and commends the Army Reserve for its service and recognizes Strom Thurmond, the president pro tempore of the Senate, for 36 years of service with distinction in the Army Reserve.
United States · United States Congress · 2 April 1998
Technical Workers Fairness Act of 1998 - Amends the Revenue Act of 1978, as amended by the Tax Reform Act of 1986, with respect to the standards that a taxpayer must apply to treat certain individuals as not being employees for employment tax purposes. Repeals the exception to such standards for an individual who, pursuant to an arrangement between the taxpayer and another person, provides services for such other person as an engineer, designer, drafter, computer programmer, systems analyst, or other similarly skilled worker (technical worker) engaged in a similar line of work. (Thus, restores the standards used for determining whether technical workers are not employees as in effect before the Tax Reform Act of 1986.)
United States · United States Congress · 2 April 1998
TABLE OF CONTENTS: Title I: Production From Marginal and Inactive Wells Title II: Other Incentives United States Energy Economic Growth Act - Title I: Production From Marginal and Inactive Wells - Amends the Internal Revenue Code to allow a tax credit for marginal domestic oil and natural gas well production during any taxable year in the amount of $3 per barrel of qualified crude oil production and 50 cents per 1,000 cubic feet of qualified natural gas production, reduced, but not below zero, as oil and gas prices increase. States that the limitation to the general business credit, based on the amount of tax, shall not be reduced by the amount of the marginal oil and gas well credit. Excludes from gross income, at the taxpayer's election, any income attributable to independent producer oil from a recovered inactive well, under certain conditions, while disallowing any deductions directly connected with such excluded amounts. Provides that, with respect to the alternative minimum tax, the inclusion of certain items in the computation of earnings and profits shall not apply to any income attributable to independent producer oil from a recovered inactive well that is excluded from gross income. Title II: Other Incentives - Allows both geological and geophysical expenditures on domestic oil and gas exploration and development and delay rental payments, at the taxpayer's election, to be deducted from gross income at the time incurred. Extends the special rule for the spudding of oil and gas wells. Extends the enhanced oil recovery credit to certain nontertiary recovery methods.
United States · United States Congress · 2 April 1998
Calls upon the Government of Japan to: (1) live up to the standards it has set for open competitive markets; and (2) fully implement the representations that it made to a dispute settlement panel of the World Trade Organization regarding deregulation, transparency, nondiscrimination, open distribution systems, and vigorous enforcement of competition laws with respect to consumer photographic film and paper as well as other sectors, such as autos and auto parts, glass, and telecommunications, that face similar market access barriers there. Urges the President, the United States Trade Representative, and other appropriate officers of the executive branch to exercise fully existing authority to achieve these objectives. Requests the President to report periodically to the Congress on progress in eliminating market restrictions in Japan for consumer photographic film and paper.
United States · United States Congress · 1 April 1998
U.S. Holocaust Assets Commission Act of 1998 - Establishes the Presidential Advisory Commission on Holocaust Assets in the United States to: (1) study and develop an historical record of the collection and disposition of specified assets of Holocaust victims if they came into the possession or control of the Federal Government, including the Board of Governors of the Federal Reserve System and any Federal reserve bank, at any time after January 30, 1933; (2) coordinate its activities with those of private and governmental entities; (3) review comprehensively research conducted by other entities regarding such assets in the United States; and (4) report its recommendations to the President. Instructs the President to report recommendations for action to the Congress. Provides for funding of Commission activities.
United States · United States Congress · 31 March 1998
TABLE OF CONTENTS: Title I: Health Insurance Bill of Rights Subtitle A: Access to Care Subtitle B: Quality Assurance Subtitle C: Patient Information Subtitle D: Grievance and Appeals Procedure Subtitle E: Protecting the Doctor-Patient Relationship Subtitle F: Promoting Good Medical Practice Subtitle G: Definitions Title II: Application of Patient Protection Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act Title III: Amendments to the Employee Retirement Income Security Act of 1974 Title IV: Effective Dates; Coordination In Implementation. Patients' Bill of Rights Act of 1998 - Title I: Health Insurance Bill of Rights - Subtitle A: Access to Care - Requires any group health plan, or health insurance coverage offered by a health insurance issuer, providing emergency services benefits to cover emergency services furnished: (1) without the need for any prior authorization determination; (2) whether or not the health care provider furnishing such services is a participating health care provider; and (3) without regard to any other term or condition of such coverage (other than exclusion or coordination of benefits, or an affiliation or waiting period, permitted under the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), or the Internal Revenue Code, and other than applicable cost-sharing). (Sec. 101) Requires such coverage in a manner so that, if the emergency services are provided by a nonparticipating health care provider: (1) the participant, beneficiary, or enrollee is not liable for amounts exceeding the liability that would be incurred if the services were provided by a participating provider; and (2) the plan or issuer pays an amount that is not less than the amount paid to a participating provider for the same services. Prescribes the same coverage for maintenance care or post-stabilization care (subject to certain guidelines) by nonparticipating health care providers. (Sec. 102) Requires a plan or coverage that provides benefits only through participating providers to offer a participant the option to purchase point-of-service coverage for benefits provided by a nonparticipating provider, unless the plan offers the participant: (1) a choice of health insurance coverage through more than one health insurance issuer; or (2) two or more coverage options that differ significantly with respect to the use of participating providers or the networks of such providers that are used. (Sec. 103) Requires any plan and any health insurance issuer to permit each participant, beneficiary, and enrollee to receive: (1) primary care from any participating primary care provider available to accept such individual; and (2) (unless the plan or issuer clearly declares choice limitations) medically necessary or appropriate specialty care, pursuant to appropriate referral procedures, from any qualified participating provider available to accept such individual for such care. (Sec. 104) Requires any plan or issuer that requires or provides for designation of a participating primary care provider to permit a female participant, beneficiary, or enrollee to designate a participating physician who specializes in obstetrics and gynecology as the individual's primary care provider. Prohibits the plan or issuer, in the absence of such a designation, from requiring authorization or a referral by the individual's primary care provider or otherwise for coverage of routine gynecological care (such as preventive women's health examinations) and pregnancy-related services provided by a participating specialist in obstetrics and gynecology to the extent such care is otherwise covered. Permits a plan or issuer to treat the ordering of other gynecological care by such a participating physician as the primary care provider's authorization of such care. Requires the plan or issuer to refer to an available and accessible specialist any participant, beneficiary, or enrollee with a condition or disease of sufficient seriousness and complexity to require treatment by a specialist, and benefits for such treatment are covered. Requires a plan or issuer to refer an individual to a nonparticipating specialist: (1) only if a participating specialist is not available and accessible; and (2) only at no additional cost to the individual. Requires a plan or issuer to have a procedure by which an individual with an ongoing special condition (life-threatening, degenerative, or disabling) may be referred to a specialist who shall be responsible for and capable of providing and coordinating the individual's primary and specialty care, without referral from the individual's primary care provider. Requires standing referrals to a specialist for any condition requiring ongoing specialist care. (Sec. 105) Prescribes requirements for continuity of care for participants, beneficiaries, or enrollees in the event of a termination of a health care provider or of the contract between a plan and an issuer. (Sec. 106) Prescribes requirements for participation in approved clinical trials of individuals with life-threatening or serious illnesses for which no standard treatment is effective. Prohibits denial of participation in such trials, or discrimination against participants. Limits plan or issuer payments to routine patient costs. (Sec. 107) Requires any plan or issuer that provides prescription drug benefits limited to drugs included in a formulary to: (1) ensure participation of participating physicians and pharmacists in the development of the formulary; (2) disclose to providers, and upon request to participants, beneficiaries, and enrollees, the nature of the formulary restrictions; and (3) consistent with the standards for a utilization review program, provide for exceptions from the formulary limitation when a non-formulary alternative is medically indicated. Prohibits a plan or issuer from denying coverage of such a drug or device on the basis that the use is investigational, if certain labeling requirements are met. (Sec. 108) Requires each plan and issuer to have (in relation to the coverage) a sufficient number, distribution, and variety of qualified participating providers to ensure that all covered health care services, including specialty services, will be available and accessible in a timely manner to all participants, beneficiaries, and enrollees. Permits inclusion among such providers of Federally qualified health centers, rural health clinics, migrant health centers, and other essential community providers located in the service area. Requires inclusion of such providers if necessary to meet such number, distribution, and variety requirements. (Sec. 109) Prescribes nondiscrimination requirements. Subtitle B: Quality Assurance - Directs each plan and issuer to establish an ongoing, internal quality assurance and continuous quality improvement program meeting specified requirements. (Sec. 112) Requires each plan and issuer to: (1) collect uniform quality data, including a minimum uniform data set specified by the Secretary of Health and Human Services; (2) have a written process for the selection of participating health care professionals, including minimum professional requirements; and (3) establish and maintain, as part of any internal quality assurance and continuous quality improvement program including prescription drug benefits, a drug utilization program which encourages appropriate drug use and takes appropriate action to reduce the incidence of improper drug use and adverse drug reactions and interactions. (Sec. 115) Requires each plan and issuer to conduct (or arrange for qualified outside agents to conduct) benefit utilization review activities only in accordance with a utilization review program that meets certain requirements. Prohibits a program from permitting or providing contingent compensation arrangements with its employees, agents, or contractors in a manner that: (1) provides incentives, direct or indirect, for such persons to make inappropriate review decisions; or (2) is based, directly or indirectly, on the quantity or type of adverse determinations rendered. Requires a utilization review program to make determinations and notifications concerning: (1) prior authorization services within three business days after receiving any necessary information; (2) authorization for continued or extended health care services within one business day after receipt of such information; and (3) retrospective review of services previously provided, within 30 days of such receipt. (Sec. 116) Directs the President to establish an advisory board to provide information to Congress and the administration on issues relating to quality monitoring and improvement in the health care provided under group health plans and health insurance coverage. Subtitle C: Patient Information - Specifies benefits, access, emergency coverage, prior authorization, grievance and appeals, and other pertinent information which plans and issuers shall provide to participants and beneficiaries at the time of initial coverage, annually, within a reasonable period before or after the date of significant changes, and upon request. (Sec. 122) Requires plans and issuers to establish procedures to: (1) safeguard the privacy of any individually identifiable enrollee information; (2) maintain records and information in an accurate and timely manner; and (3) assure individuals timely access to such records and information. (Sec. 123) Provides for grants to States for creation and operation of a Health Insurance Ombudsman. Requires any State receiving such a grant to contract for such an Ombudsman with a not-for-profit organization that operates independent of group health plans and health insurance issuers. Requires the Secretary to provide through such a contract for an Ombudsman in any State that does not provide for one. Makes such an Ombudsman responsible to: (1) assist consumers in choosing among health insurance coverage or among coverage options offered within group health plans; and (2) provide counseling and assistance to enrollees dissatisfied with their treatment by issuers and plans, and with respect to grievances and appeals of coverage or plan determinations. Subtitle D: Grievances and Appeals Procedures - Requires each plan and issuer to establish a system for the presentation and resolution of oral and written grievances brought by participants, beneficiaries, or enrollees, or health care providers or other individuals acting on behalf of an individual and with the individual's consent. Requires the system to include grievances regarding access to and availability of services, quality of care, choice and accessibility of providers, network adequacy, and compliance with the requirements of this title. (Sec. 132) Requires each plan and issuer to establish an internal appeals process, and provide for an external appeals process, which meet certain requirements. Specifies the appeal rights of participants, beneficiaries, and their representatives, as well as the kinds of decisions which are appealable. Subtitle E: Protecting the Doctor-Patient Relationship - Prohibits any contract or agreement between a plan or issuer and a health care provider from: (1) prohibiting or restricting the provider from engaging in medical communications with the provider's patient; or (2) containing any provision purporting to transfer to the health care provider by indemnification or otherwise any liability relating to activities, actions, or omissions of the plan, issuer, or agent (as opposed to the provider). Declares null and void any such contract or agreement provisions. (Sec. 142) Prohibits any plan or issuer from operating any physician incentive plan that does not meet certain requirements under title XVIII (Medicare) of the Social Security Act. (Sec. 143) Requires any plan or issuer to establish reasonable procedures relating to the participation of health care professionals, including notice of participation rules, written notice of adverse participation decisions, and a process for appealing adverse decisions. (Sec. 144) Prohibits a plan or an issuer from retaliating against a participant, beneficiary, enrollee, or health care provider based on use of, or participation in, a utilization review or a grievance process. Prohibits a plan or an issuer from retaliating or discriminating against a protected health care professional because the professional in good faith: (1) discloses information relating to the care, services, or conditions affecting one or more participants, beneficiaries, or enrollees to an appropriate public regulatory agency, private accreditation body, or management personnel of the plan or issuer; or (2) initiates, cooperates, or otherwise participates in an investigation or proceeding by such an agency with respect to such care, services, or conditions. Defines good faith action. Subtitle F: Promoting Good Medical Practice - Prohibits a plan or issuer from arbitrarily interfering with or altering the decision of the treating physician regarding the manner or setting in which particular covered services are delivered if they are medically necessary or appropriate for treatment or diagnosis. Allows a plan or issuer to limit the delivery of services to one or more providers within a network. (Sec. 152) Prescribes standards for benefits for certain breast cancer treatments. Prohibits a plan or issuer from restricting benefits for any hospital length of stay: (1) in connection with a mastectomy to less than 48 hours; or (2) in connection with a lymph node dissection for the treatment of breast cancer to less than 24 hours. Prohibits a plan or issuer from requiring a provider to obtain its authorization for prescribing any such length of stay. Permits a discharge before expiration of the minimum length of stay otherwise required, if the decision is made by the attending provider in consultation with the woman involved, or in a case involving a partial mastectomy without lymph node dissection. Prohibits a plan or issuer from: (1) denying to a woman eligibility to enroll or renew coverage solely for the purpose of avoiding the requirements of this title; (2) providing monetary payments or rebates to encourage women to accept less than the minimum protections available under this title; (3) penalizing or otherwise reducing or limiting reimbursement because an attending provider gave care to a participant or beneficiary in accordance with this title; (4) providing incentives (monetary or otherwise) to induce an attending provider to provide care to a participant or beneficiary in a manner inconsistent with this title; or (5) restricting benefits (other than imposing deductibles, coinsurance, or other cost-sharing) for any portion of a period within a required hospital length of stay in a manner less favorable than the benefits provided for any preceding portion of such stay. (Sec. 153) Requires a plan or issuer to provide coverage for reconstructive breast surgery resulting from a mastectomy, including coverage: (1) for all stages of reconstructive breast surgery performed on a nondiseased breast to establish symmetry with the diseased when reconstruction on the diseased breast is performed; and (2) of prostheses and complications of mastectomy, including lymphedema. Prohibits denial of coverage on the basis that it is for cosmetic surgery. Subtitle G: Definitions - Sets forth definitions. Title II: Application of Patient Protection Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act - Amends the Public Health Service Act to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 202) Requires each health insurance issuer to comply with such requirements with respect to individual health insurance coverage. Title III: Amendments to the Employee Retirement Income Security Act of 1974 - Amends ERISA to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 302) Provides that nothing in ERISA shall be construed to invalidate, impair, or supersede any cause of action under State law to recover damages resulting from personal injury or wrongful death against any person (except employers and other plan sponsors): (1) in connection with the provision of insurance, administrative services, or medical services by that person to or for a group health plan; or (2) that arises out of the arrangement by that person for the provision of insurance, administrative services, or medical services by other persons. Allows such an action against an employer or other plan sponsor only if it is based on the employer's or sponsor's exercise of discretionary authority to decide a claim for covered benefits, and such exercise resulted in personal injury or wrongful death. Title IV: Effective Dates; Coordination in Implementation - Sets forth effective dates for provisions of this Act. (Sec. 402) Amends the Health Insurance Portability and Accountability Act of 1996 to provide for coordination in the implementation of this Act.
United States · United States Congress · 31 March 1998
TABLE OF CONTENTS: Title I: Health Insurance Bill of Rights Subtitle A: Access to Care Subtitle B: Quality Assurance Subtitle C: Patient Information Subtitle D: Grievance and Appeals Procedures Subtitle E: Protecting the Doctor-Patient Relationship Subtitle F: Promoting Good Medical Practice Subtitle G: Definitions Title II: Application to Group Health Plans Under the Internal Revenue Code of 1986 Title III: Effective Dates; Coordination in Implementation Patients' Bill of Rights Act of 1998 - Title I: Health Insurance Bill of Rights - Subtitle A: Access to Care - Requires any group health plan, or health insurance coverage offered by a health insurance issuer, providing emergency services benefits to cover emergency services furnished: (1) without the need for any prior authorization determination; (2) whether or not the health care provider furnishing such services is a participating health care provider; and (3) without regard to any other term or condition of such coverage (other than exclusion or coordination of benefits, or an affiliation or waiting period, permitted under the Public Health Service Act, the Employee Retirement Income Security Act of 1974, or the Internal Revenue Code, and other than applicable cost-sharing). (Sec. 101) Requires such coverage in a manner so that, if the emergency services are provided by a nonparticipating health care provider: (1) the participant, beneficiary, or enrollee is not liable for amounts exceeding the liability that would be incurred if the services were provided by a participating provider; and (2) the plan or issuer pays an amount that is not less than the amount paid to a participating provider for the same services. Prescribes the same coverage for maintenance care or post-stabilization care (subject to certain guidelines) by nonparticipating health care providers. (Sec. 102) Requires a plan or coverage that provides benefits only through participating providers to offer a participant the option to purchase point-of-service coverage for benefits provided by a nonparticipating provider, unless the plan offers the participant: (1) a choice of health insurance coverage through more than one health insurance issuer; or (2) two or more coverage options that differ significantly with respect to the use of participating providers or the networks of such providers that are used. (Sec. 103) Requires any plan and any health insurance issuer to permit each participant, beneficiary, and enrollee to receive: (1) primary care from any participating primary care provider available to accept such individual; and (2) (unless the plan or issuer clearly declares choice limitations) medically necessary or appropriate specialty care, pursuant to appropriate referral procedures, from any qualified participating provider available to accept such individual for such care. (Sec. 104) Requires any plan or issuer that requires or provides for designation of a participating primary care provider to permit a female participant, beneficiary, or enrollee to designate a participating physician who specializes in obstetrics and gynecology as the individual's primary care provider. Prohibits the plan or issuer, in the absence of such a designation, from requiring authorization or a referral by the individual's primary care provider or otherwise for coverage of routine gynecological care (such as preventive women's health examinations) and pregnancy-related services provided by a participating specialist in obstetrics and gynecology to the extent such care is otherwise covered. Permits a plan or issuer to treat the ordering of other gynecological care by such a participating physician as the primary care provider's authorization of such care. Requires the plan or issuer to refer to an available and accessible specialist any participant, beneficiary, or enrollee with a condition or disease of sufficient seriousness and complexity to require treatment by a specialist, and benefits for such treatment are covered. Requires a plan or issuer to refer an individual to a nonparticipating specialist: (1) only if a participating specialist is not available and accessible; and (2) only at no additional cost to the individual. Requires a plan or issuer to have a procedure by which an individual with an ongoing special condition (life-threatening, degenerative, or disabling) may be referred to a specialist who shall be responsible for and capable of providing and coordinating the individual's primary and specialty care, without referral from the individual's primary care provider. Requires standing referrals to a specialist for any condition requiring ongoing specialist care. (Sec. 105) Prescribes requirements for continuity of care for participants, beneficiaries, or enrollees in the event of a termination of a health care provider or of the contract between a plan and an issuer. (Sec. 106) Prescribes requirements for participation in approved clinical trials of individuals with life-threatening or serious illnesses for which no standard treatment is effective. Prohibits denial of participation in such trials, or discrimination against participants. Limits plan or issuer payments to routine patient costs. (Sec. 107) Requires any plan or issuer that provides prescription drug benefits limited to drugs included in a formulary to: (1) ensure participation of participating physicians and pharmacists in the development of the formulary; (2) disclose to providers, and upon request to participants, beneficiaries, and enrollees, the nature of the formulary restrictions; and (3) consistent with the standards for a utilization review program, provide for exceptions from the formulary limitation when a non-formulary alternative is medically indicated. Prohibits a plan or issuer from denying coverage of such a drug or device on the basis that the use is investigational, if certain labeling requirements are met. (Sec. 108) Requires each plan and issuer to have (in relation to the coverage) a sufficient number, distribution, and variety of qualified participating providers to ensure that all covered health care services, including specialty services, will be available and accessible in a timely manner to all participants, beneficiaries, and enrollees. Permits inclusion among such providers of federally qualified health centers, rural health clinics, migrant health centers, and other essential community providers located in the service area. Requires inclusion of such providers if necessary to meet such number, distribution, and variety requirements. (Sec. 109) Prescribes nondiscrimination requirements. Subtitle B: Quality Assurance - Directs each plan and issuer to establish an ongoing, internal quality assurance and continuous quality improvement program meeting specified requirements. (Sec. 112) Requires each plan and issuer to: (1) collect uniform quality data, including a minimum uniform data set specified by the Secretary of Health and Human Services; (2) have a written process for the selection of participating health care professionals, including minimum professional requirements; and (3) establish and maintain, as part of any internal quality assurance and continuous quality improvement program including prescription drug benefits, a drug utilization program which encourages appropriate drug use and takes appropriate action to reduce the incidence of improper drug use and adverse drug reactions and interactions. (Sec. 115) Requires each plan and issuer to conduct (or arrange for qualified outside agents to conduct) benefit utilization review activities only in accordance with a utilization review program that meets certain requirements. Prohibits a program from permitting or providing contingent compensation arrangements with its employees, agents, or contractors in a manner that: (1) provides incentives, direct or indirect, for such persons to make inappropriate review decisions; or (2) is based, directly or indirectly, on the quantity or type of adverse determinations rendered. Requires a utilization review program to make determinations and notifications concerning: (1) prior authorization services within three business days after receiving any necessary information; (2) authorization for continued or extended health care services within one business day after receipt of such information; and (3) retrospective review of services previously provided, within 30 days of such receipt. (Sec. 116) Directs the President to establish an advisory board to provide information to Congress and the administration on issues relating to quality monitoring and improvement in the health care provided under group health plans and health insurance coverage. Subtitle C: Patient Information - Specifies benefits, access, emergency coverage, prior authorization, grievance and appeals, and other pertinent information which plans and issuers shall provide to participants and beneficiaries at the time of initial coverage, annually, within a reasonable period before or after the date of significant changes, and upon request. (Sec. 122) Requires plans and issuers to establish procedures to: (1) safeguard the privacy of any individually identifiable enrollee information; (2) maintain records and information in an accurate and timely manner; and (3) assure individuals timely access to such records and information. (Sec. 123) Provides for grants to States for creation and operation of a Health Insurance Ombudsman. Requires any State receiving such a grant to contract for such an Ombudsman with a not-for-profit organization that operates independent of group health plans and health insurance issuers. Requires the Secretary to provide through such a contract for an Ombudsman in any State that does not provide for one. Makes such an Ombudsman responsible to: (1) assist consumers in choosing among health insurance coverage or among coverage options offered within group health plans; and (2) provide counseling and assistance to enrollees dissatisfied with their treatment by issuers and plans, and with respect to grievances and appeals of coverage or plan determinations. Subtitle D: Grievances and Appeals Procedures - Requires each plan and issuer to establish a system for the presentation and resolution of oral and written grievances brought by participants, beneficiaries, or enrollees, or health care providers or other individuals acting on behalf of an individual and with the individual's consent. Requires the system to include grievances regarding access to and availability of services, quality of care, choice and accessibility of providers, network adequacy, and compliance with the requirements of this title. (Sec. 132) Requires each plan and issuer to establish an internal appeals process, and provide for an external appeals process, which meet certain requirements. Specifies the appeal rights of participants, beneficiaries, and their representatives, as well as the kinds of decisions which are appealable. Subtitle E: Protecting the Doctor-Patient Relationship - Prohibits any contract or agreement between a plan or issuer and a health care provider from: (1) prohibiting or restricting the provider from engaging in medical communications with the provider's patient; or (2) containing any provision purporting to transfer to the health care provider by indemnification or otherwise any liability relating to activities, actions, or omissions of the plan, issuer, or agent (as opposed to the provider). Declares null and void any such contract or agreement provisions. (Sec. 142) Prohibits any plan or issuer from operating any physician incentive plan that does not meet certain requirements under title XVIII (Medicare) of the Social Security Act. (Sec. 143) Requires any plan or issuer to establish reasonable procedures relating to the participation of health care professionals, including notice of participation rules, written notice of adverse participation decisions, and a process for appealing adverse decisions. (Sec. 144) Prohibits a plan or an issuer from retaliating against a participant, beneficiary, enrollee, or health care provider based on use of, or participation in, a utilization review or a grievance process. Prohibits a plan or an issuer from retaliating or discriminating against a protected health care professional because the professional in good faith: (1) discloses information relating to the care, services, or conditions affecting one or more participants, beneficiaries, or enrollees to an appropriate public regulatory agency, private accreditation body, or management personnel of the plan or issuer; or (2) initiates, cooperates, or otherwise participates in an investigation or proceeding by such an agency with respect to such care, services, or conditions. Defines good faith action. Subtitle F: Promoting Good Medical Practice - Prohibits a plan or issuer from arbitrarily interfering with or altering the decision of the treating physician regarding the manner or setting in which particular covered services are delivered if they are medically necessary or appropriate for treatment or diagnosis. Allows a plan or issuer to limit the delivery of services to one or more providers within a network. (Sec. 152) Prescribes standards for benefits for certain breast cancer treatments. Prohibits a plan or issuer from restricting benefits for any hospital length of stay: (1) in connection with a mastectomy to less than 48 hours; or (2) in connection with a lymph node dissection for the treatment of breast cancer to less than 24 hours. Prohibits a plan or issuer from requiring a provider to obtain its authorization for prescribing any such length of stay. Permits a discharge before expiration of the minimum length of stay otherwise required, if the decision is made by the attending provider in consultation with the woman involved, or in a case involving a partial mastectomy without lymph node dissection. Prohibits a plan or issuer from: (1) denying to a woman eligibility to enroll or renew coverage solely for the purpose of avoiding the requirements of this title; (2) providing monetary payments or rebates to encourage women to accept less than the minimum protections available under this title; (3) penalizing or otherwise reducing or limiting reimbursement because an attending provider gave care to a participant or beneficiary in accordance with this title; (4) providing incentives (monetary or otherwise) to induce an attending provider to provide care to a participant or beneficiary in a manner inconsistent with this title; or (5) restricting benefits (other than imposing deductibles, coinsurance, or other cost-sharing) for any portion of a period within a required hospital length of stay in a manner less favorable than the benefits provided for any preceding portion of such stay. (Sec. 153) Requires a plan or issuer to provide coverage for reconstructive breast surgery resulting from a mastectomy, including coverage: (1) for all stages of reconstructive breast surgery performed on a nondiseased breast to establish symmetry with the diseased when reconstruction on the diseased breast is performed; and (2) of prostheses and complications of mastectomy, including lymphedema. Prohibits denial of coverage on the basis that it is for cosmetic surgery. Subtitle G: Definitions - Sets forth definitions. Title II: Application to Group Health Plans Under the Internal Revenue Code of 1986 - Amends the Internal Revenue Code to require a group health plan to comply with this Act. Deems this Act to be incorporated into the Internal Revenue Code. Title III: Effective Dates; Coordination in Implementation - Sets forth effective dates for provisions of this Act.
United States · United States Congress · 27 March 1998
Department of Energy Small Business and Industry Partnership Enhancement Act of 1998 - Amends the Atomic Energy Act of 1954 to direct the Nuclear Regulatory Commission (NRC) to make arrangements for the conduct of technology research and development activities within the mission of the Department of Energy (DOE). Revises NRC authority to conduct research and development activities and studies for others in its own contractor-operated facilities where private facilities are inadequate for the purposes. Prohibits the Secretary of Energy, when conducting such activities for others, from recovering more than the full cost of work incurred at DOE contractor-operated facilities. Declares that any costs incurred by DOE in connection with work performed by contractor-operated DOE facilities shall be funded from DOE departmental administration accounts. Prescribes guidelines for charges a DOE contractor-operated facility may assess for work performed for a non-DOE entity (external customer). Requires the Secretary and each contractor operating a DOE facility to develop jointly a system of measurements (metrics) to determine levels of specific areas of performance, which shall subsequently be specified in the contract for operation of a contractor-operated facility, and which shall be used to evaluate the effectiveness of the facility's partnership development. Instructs the Secretary to encourage partnerships and interactions with universities and private industry at each contractor-operated facility. Makes development and expansion of partnerships and interactions with universities and private industry a component in evaluating the annual performance of each contractor-operated facility. Requires each contractor operating a DOE facility to create a small business technology partnership program at each such facility. Requires the Secretary to evaluate program effectiveness annually with each contractor to ensure opportunities for small businesses to interact with and use the resources of each contractor-operated facility. Requires the use of program funds to cover a contractor-operated facility's costs of interactions with small businesses. Prohibits the use of such funds for direct monetary grants to small businesses.
United States · United States Congress · 27 March 1998
Affordable Housing Barrier Removal Act of 1998 - Provides for a Department of Housing and Urban Development (HUD)-sponsored biennial conference on (regulatory) barriers to affordable housing. Requires proposed and final agency rules to analyze their impact upon affordable housing availability. Directs the Secretary of Housing and Urban Development to develop model housing impact analyses. (Sec. 5) Amends the Housing and Community Development Act of 1992 to authorize direct appropriations for State and local grants for regulatory barrier removal. (Sec. 6) Amends the Housing and Community Development Act of 1974 to make affordable housing barrier removal eligible for community development block grant assistance. Expresses the sense of the Congress that each block grant recipient should establish a Barriers to Homeownership and Housing Affordability Council. (Sec. 7) States that the regulatory barriers clearinghouse shall be established within the Office of Policy Development of HUD under the direction of the Assistant Secretary for Policy Development and Research. (Sec. 8) Amends the National Housing Act to: (1) repeal the single family mortgage insurance owner-occupancy requirement; (2) repeal mortgage limits on dwellings begun prior to insurance approval; (3) revise the definition of "area"; and (4) revise downpayment provisions.
United States · United States Congress · 25 March 1998
Poison Control Center Enhancement and Awareness Act - Directs the Secretary of Health and Human Services to provide coordination and assistance to regional poison control centers for the establishment of a nationwide toll-free phone number to be used to access such centers. Authorizes appropriations for FY 1999 through 2001. Requires the Secretary to establish a national media campaign to educate the public about poison prevention and the availability of poison control resources in local communities and to conduct advertising campaigns concerning the nationwide toll-free number. Authorizes appropriations for FY 1999 through 2003. Directs the Secretary to award grants to certified regional poison control centers for purposes of achieving financial stability and for preventing and providing treatment recommendations for poisoning. Lists other activities for which the Secretary shall use funds. Sets forth center certification requirements. Authorizes appropriations for FY 1999 through 2001.
United States · United States Congress · 24 March 1998
Veterans Burial Rights Act of 1998 - Directs the Secretaries of the military departments to: (1) provide honor guard details at a veteran's funeral only upon request; and (2) ensure that such details consist of not fewer than five military personnel (one of whom shall be a bugler for the playing of "Taps"). Prohibits the performance of honor guard functions by a member of the Reserve from being considered a period of drill or training otherwise required. Repeals a Federal limitation on the availability of funds for National Guard honor guard functions. Requires the Secretary of Defense to submit to the Congress the directives prescribed by the Secretaries of the military departments to carry out this section.
United States · United States Congress · 18 March 1998
Higher Education for the 21st Century Act - Amends the Higher Education Act of 1965 (HEA) to establish programs for postsecondary education opportunities for Hispanic students and other student populations underrepresented in postsecondary education. Amends HEA to provide for institutional aid to Hispanic-Serving Institutions. Defines Hispanic-serving institution as an eligible institution with an undergraduate full-time equivalent enrollment that is at least 25 percent Hispanic, and that provides assurance that at least 50 percent of its Hispanic students are low-income individuals. Directs the Secretary of Education to provide grants and related assistance to: (1) Hispanic-serving institutions to improve and expand their capacity to serve Hispanic students and other low-income individuals; and (2) Hispanic-serving institutions with graduate and professional programs to improve and expand graduate and professional opportunities for Hispanic students and other students underrepresented in graduate education. Authorizes appropriations. Directs the Secretary to make grants to American Indian tribal colleges and universities for specified authorized uses.
United States · United States Congress · 17 March 1998
Authorizes appropriations for the U.S. Customs Service for FY 1999 and 2000 for acquisition and deployment of narcotics enforcement and cargo processing technology (including maintenance and support of such equipment, training of personnel, and for new technologies) along the U.S. Southwest border. Earmarks amounts for additional inspectors, canine enforcement officers, special agents, and enhanced investigative resources during peak hours along the border.
United States · United States Congress · 17 March 1998
Declares that the Senate: (1) expresses gratitude to, and calls upon all Americans to show their gratitude to, John McCain and the men who were held as prisoners of war during the Vietnam conflict and for the return of Senator McCain to the United States; and (2) will not forget that more than 2,000 members of the armed forces remain unaccounted for from such conflict and will continue to press for the fullest accounting for such members.
United States · United States Congress · 13 March 1998
Tropical Forest Conservation Act of 1998 - Amends the Foreign Assistance Act of 1961 to establish a Tropical Forest Facility in the Department of the Treasury to provide for the administration of debt reduction in accordance with this Act. Makes eligible for Facility benefits developing countries with tropical forests that: (1) meet certain requirements applicable to Latin American and Caribbean countries for eligibility for Enterprise for the Americas Facility benefits; and (2) have put in place major investment reforms, as evidenced by the conclusion of a bilateral investment treaty with the United States, implementation of an investment sector loan with the Inter-American Development Bank, World Bank-supported investment reforms, or other appropriate measures. Authorizes the President to: (1) reduce debt owed to the United States (outstanding as of January 1, 1998) by eligible countries as a result of concessional loans made under the Foreign Assistance Act of 1961 or predecessor foreign economic assistance legislation or credits extended under the Agricultural Trade Development and Assistance Act of 1954; and (2) sell to any eligible purchaser any concessional loans or credits or, on receipt of payment from an eligible purchaser, reduce or cancel such loans or credits (or portion thereof), only for the purpose of facilitating a debt-for-nature swap or debt buyback (by an eligible country of its own qualified debt) to support activities to preserve or restore tropical forests. Authorizes appropriations. Authorizes the Secretary of State to enter into a Tropical Forest Agreement with any eligible country concerning the operation and use of the Tropical Forest Fund which any eligible country must establish in order to receive payments of interest on new obligations issued under this Act. Requires the use of Funds to provide grants to preserve, maintain, and restore tropical forests in beneficiary countries. Provides that grants shall be made to: (1) nongovernmental environmental, conservation, and indigenous peoples organizations in beneficiary countries; (2) other appropriate local or regional entities; and (3) governments of such countries, in exceptional circumstances. Makes grants of more than $100,000 subject to veto by the U.S. Government or the government of the beneficiary country. Directs the Enterprise for the Americas Board established under the Agricultural Trade Development and Assistance Act of 1954 (in addition to its other required duties) to: (1) advise the Secretary of State on the negotiations of Tropical Forest Agreements; (2) ensure that a suitable administering body is identified for each Fund; and (3) review the programs, operations, and fiscal audits of each administering body. Requires the President to report annually to the Congress on the Facility.
United States · United States Congress · 12 March 1998
TABLE OF CONTENTS: Title I: Health Professions Education and Financial Assistance Programs Subtitle A: Health Professions Education Programs Subtitle B: Nursing Workforce Development Subtitle C: Financial Assistance Title II: Office of Minority Health Title III: Selected Initiatives Title IV: Miscellaneous Provisions Health Professions Education Partnerships Act of 1998 - Title I: Health Professions Education and Financial Assistance Programs - Subtitle A: Health Professions Education Programs - Amends the Public Health Service Act to replace provisions relating to the training of health personnel from disadvantaged backgrounds with provisions mandating grants for programs of excellence in health professions education for underrepresented minority individuals, including to develop large applicant pools, enhance academic performance, train, recruit, and retain faculty, improve resources and curricula, and facilitate research. Authorizes appropriations. Authorizes grants to specified types of health professions schools for scholarships for students from disadvantaged backgrounds who have a financial need for a scholarship, with grant priority based on the proportion of graduates going into primary care, the proportion of underrepresented minority students, and the proportion of graduates working in medically underserved communities. Authorizes appropriations. Mandates a program of contracts for educational loan repayment (for individuals from disadvantaged backgrounds) in return for service as faculty members at specified types of health professions schools. Authorizes appropriations. Authorizes grants and contracts to increase the number of underrepresented minority faculty members. Authorizes appropriations. Authorizes grants and contracts to assist individuals from disadvantaged backgrounds to undertake education to enter a health profession and for scholarships for health professions education. Authorizes appropriations. Repeals provisions relating to obligated service regarding certain programs. (Sec. 102) Repeals provisions relating to area health education center programs. Modifies provisions relating to training in family medicine by adding: (1) references to internal medicine and general pediatrics; (2) provisions regarding the training of physician assistants; and (3) provisions regarding programs of general or pediatric dentistry. Authorizes appropriations. Repeals provisions regarding: (1) training in internal medicine, general pediatrics, general dentistry, physician assistants, and podiatric medicine; and (2) traineeships, fellowships, and the amount of grants. Establishes the Advisory Committee on Training in Primary Care Medicine and Dentistry. (Sec. 103) Replaces provisions relating to training in certain health professions with provisions requiring that, in order to receive assistance under the amendments made by this section, an academic institution use the assistance in collaboration with two or more disciplines. Requires the recipient to carry out innovative demonstration projects for strategic workforce supplementation to meet national goals for interdisciplinary, community-based linkages. Mandates grants and contracts for area health education center programs meeting certain objectives, including recruiting and training health professionals from and for underserved areas and underserved populations. Requires that, in order to be eligible for funds under this paragraph, a health education training center be an entity otherwise eligible for funds under the paragraph immediately above and meet other specified requirements, including addressing persistent and severe unmet health care needs in States bordering the United States and Mexico, in Florida, and other areas. Requires that funding be made available. Mandates grants and contracts for the establishment or operation of geriatric education centers. Authorizes grants and contracts for geriatric training projects to train physicians, dentists, and behavioral and mental health professionals who plan to teach geriatric medicine, geriatric behavioral or mental health, or geriatric dentistry. Mandates a program to provide Geriatric Academic Career Awards to promote the career development of individuals as academic geriatricians. Requires Award recipients to provide clinical geriatrics training. Authorizes grants or contracts to help fund interdisciplinary training projects involving: (1) training health practitioners for rural areas; (2) demonstrating cost-effective comprehensive health care; (3) delivering rural health care; (4) enhancing rural health care research; and (5) recruiting and retaining practitioners from rural areas and making rural practice more attractive. Allows the use of student stipends, post-doctoral fellowships, faculty training, and the purchase or rental of transportation and telecommunication equipment. Authorizes grants or contracts for: (1) expanding or establishing programs to increase the number of allied health professionals; (2) projects in preventive and primary care training for podiatric physicians in residency programs providing traineeships; and (3) demonstration projects involving collaboration between chiropractors and physicians to identify and provide effective treatment for spinal and lower back conditions. Mandates establishment of the Advisory Committee on Interdisciplinary, Community-Based Linkages. Authorizes appropriations to carry out this section. (Sec. 104) Replaces provisions relating to special training projects with provisions authorizing grants or contracts for information collection, analysis, research, and the development of a non-Federal analytic and research infrastructure, all related to the health professions workforce, related issues, and future directions. Authorizes appropriations. Amends the Health Professions Education Extension Amendments of 1992 to extend the dates for the final report and termination of the Council on Graduate Medical Education. Allows amounts otherwise appropriated under specified provisions to be used to support the Council's activities. Transfers the amended provisions to the Public Health Service Act. (Sec. 105) Amends the Public Health Service Act to authorize grants or contracts: (1) to increase the public health workforce and enhance its quality and ability to meet health care needs; and (2) for the operation of public health training centers. Authorizes grants for graduate or specialized training in public health, to assist in providing traineeships in health professions fields in which there is a severe shortage of health professionals. Authorizes grants and contracts for residency programs in preventive medicine and dental public health and related financial assistance to residency trainees. Authorizes grants for: (1) traineeships in health administration, hospital administration, or health policy analysis and planning; and (2) related preparation of students for employment with public or nonprofit private entities. Authorizes appropriations to carry out this section. (Sec. 106) Repeals or removes provisions of the Public Health Service relating to: (1) research on certain health professions issues; (2) chiropractic demonstration projects; (3) the submission of specified information in conjunction with applications for grants or contracts; and (4) the development and publication of certain statistics, the handling of certain personal data, and the submission of certain reports. Imposes new application requirements and lists permitted uses of funds. Requires competitive awarding of grants and contracts. Adds professional counselors to the list of health professions personnel about whom information may be collected and analyzed. (Sec. 107) Requires that programs that have graduated less than three classes be given funding priority if they meet certain criteria relating to serving underserved populations or underserved communities. (Sec. 108) Adds references to behavioral health and to counseling to various generally applicable to health professions education provisions. Includes in the definition of "medically underserved community" an area or population designated by a State governor as a shortage area or medically underserved community. Modifies the definition of "program for the training of physician assistants." Subtitle B: Nursing Workforce Development - Nursing Education and Practice Improvement Act of 1998 - Replaces Public Health Service Act title VIII (Nurse Education) (except provisions relating to student loans, the loan repayment program, and sex discrimination) with a new title on nursing workforce development. Requires that grants and contracts be awarded competitively. Authorizes grants and contracts to: (1) enhance advanced practice nursing education and practice and traineeships for individuals in advanced practice nursing programs; (2) increase nursing education opportunities for individuals from disadvantaged backgrounds by providing scholarships or stipends, pre-entry preparation, and retention activities; and (3) strengthen capacity for basic nurse education and practice. Authorizes appropriations. Establishes the National Advisory Council on Nurse Education and Practice. Subtitle C: Financial Assistance - Chapter 1: School-Based Revolving Loan Funds - Modifies requirements: (1) schools must (in order to participate in the student loan program under specified provisions) meet regarding the percentages of graduates going into primary care; and (2) regarding student noncompliance with loan agreements. Removes a requirement for an annual report to specified congressional committees regarding administration of provisions relating to student loan funds in the context of medical schools and primary care. (Sec. 132) Extends the authorization of appropriations for Federal capital contributions to student loan funds under provisions relating to students from disadvantaged backgrounds. Repeals the authorization effective October 1, 2002. (Sec. 133) Allows loan repayment to be extended for up to ten years in specified circumstances. Increases minimum principal and interest payments. Prohibits, notwithstanding any other provisions of Federal or State law, any limit on the period within which a nursing school may seek repayment. Specifies the consequences (applicable if so provided in the agreement) imposed on default concerning an agreement to provide service in consideration for an award of Federal funds regarding nursing education. (Sec. 134) Modifies provisions controlling the maximum limit on a loan made to a student for a school year. Allows repayment to be made over ten to 25 (currently, over ten) years, at the option of the institution. Increases minimum principal and interest payments. Prohibits, notwithstanding any other provisions of Federal or State law, any limit on the period within which a nursing school may seek repayment. Sets a deadline for obligation of amounts from student loan funds under certain provisions that are returned to the Secretary by health professions schools. Chapter 2: Insured Health Education Assistance Loans to Graduate Students - Authorizes loan payment deferral for up to three years while the borrower is providing health care services to Indians through an Indian health program. Removes a requirement that the Office for Health Education Assistance Loan Default Reduction submit an annual report to specified congressional committees. Allows collection of loan balances after the borrower's death. Limits the maximum annual dollar amount of a loan to a student in a graduate program in behavioral and mental health practice, including clinical psychology, and includes institutions offering such programs in the definition of "eligible institution." (Sec. 142) Removes provisions mandating performance standards for lenders and holders of loans. Allows Federal payment of the loan after default, unless the lender, holder, or servicer has a compliance performance rating under 97 percent, in which case payment must be made at 98 percent of the loss. (Sec. 143) Sets forth maximum limits for specified fiscal years on the total principal amount of new loans made and installments paid pursuant to lines of credit to borrowers covered by Federal loan insurance under provisions relating to insured health education assistance loans to graduate students. (Sec. 144) Allows, notwithstanding any other provision of Federal or State law, an insured loan to be discharged in bankruptcy. (Current law allows such discharge, but makes no reference to other provisions of law.) (Sec. 145) Prohibits construing specified provisions as prohibiting refinancing of a single loan. Title II: Office of Minority Health - Modifies the duties of the Office of Minority Health. Establishes the Advisory Committee on Minority Health. Requires that grants, cooperative agreements, and contracts be awarded on a competitive basis. Authorizes appropriations: (1) for the Office; and (2) to enable the National Center for Health Statistics to collect data on Hispanics and American Indians and to develop special area population studies on major Asian American and Pacific Islander populations. Locates the Office in the Office of Public Health and Science (currently, in the Office of the Assistant Secretary for Health). Title III: Selected Initiatives - Amends provisions relating to grants to States for operation of offices of rural health to remove a requirement that non-Federal matching funds be in cash. Extends the authorization of appropriations. Increases the dollar appropriation level after which additional grants are prohibited. (Sec. 302) Removes the minimum and maximum limits on the number of grants to States for certain programs concerning Alzheimer's disease or related disorders. Allows respite care under such programs to be provided to individuals living in single family homes or in congregate settings. Allows grant funds to be used to improve access to home-based or community-based long-term care services. Removes a grant duration limitation. Extends the authorization of appropriations. (Sec. 303) Extends the authorization of appropriations for immunization program grants for no-charge immunizations for children, adolescents, and adults (currently, for individuals). Title IV: Miscellaneous Provisions - Deems active service of Public Health Service commissioned officers to be active military service in the U.S. armed forces for purposes of all laws regarding discrimination on the basis of race and other specified factors. Authorizes leave without pay status for attendance at an educational institution or training program when it is in the best interest of the Service. Declares that provisions mandating confidentiality of certain substance abuse records do not apply to any interchange of records within the uniformed services (currently, within the armed forces). (Sec. 403) Requires that a person who has received a clinical traineeship in counseling under specified provisions serve for specified periods. (Sec. 404) Extends the authorization of appropriations for grants for screenings, referrals, and education regarding lead poisoning. (Sec. 405) Extends the authorization of appropriations for grants for the prevention, control, and elimination of tuberculosis. Authorizes the set-aside of a specified percentage (currently, a specified dollar amount) for areas with a substantial number of, or a substantial rate of increase in, cases. (Sec. 406) Authorizes establishment of technical and scientific peer review groups and scientific program advisory committees as needed to carry out the functions of the Centers for Disease Control and Prevention. (Sec. 407) Amends the Family Violence Prevention and Services Act to authorize appropriations to carry out provisions regarding grants for community projects to coordinate intervention and prevention of domestic violence. Provides for a study of the training needs of health professionals concerning the detection and referral of victims of family or acquaintance violence. (Sec. 408) Amends the Public Health Service Act to extend the authorization of appropriations for grants for programs to increase the availability of primary health services in health professional shortage areas. (Sec. 409) Allows reservation of up to $2.5 million (currently, requires reservation of $5 million) for construction, renovation, or other improvement of regional centers for primate research. (Sec. 410) Allows a grant or cooperative agreement (currently, a grant, cooperative agreement, or contract), the direct cost of which exceeds $50,000, to be made only if it is recommended after peer review and by the appropriate advisory council. (Sec. 411) Extends the authorizations of appropriations to carry out specified provisions relating to trauma care and to health information and health promotion. (Sec. 413) Limits grants for emergency medical services for children to three years with an optional fourth year (currently, to two years). Allows only three (currently, one) grant in a State per fiscal year. Extends the authorization of appropriations. (Sec. 414) Amends the National Institutes of Health Revitalization Act of 1993 to remove provisions requiring that entities receiving funds under that Act comply with specified provisions of the Act popularly known as the Buy American Act. (Sec. 415) Amends Public Health Service Act provisions relating to the determination of the amount of grants to States to improve the quality, availability, and organization of health care and support services for individuals and families with HIV disease to list the Virgin Islands and Guam with States. (Currently, they are listed with U.S. territories. Listing them with States changes the formula used for determining the amount of grants.)
United States · United States Congress · 6 March 1998
TABLE OF CONTENTS: Title I: Provisions Relating to Women's Health Research at the National Institutes of Health Title II: Provisions Relating to Women's Health at the Centers for Disease Control and Prevention Women's Health Research and Prevention Amendments of 1998 - Title I: Provisions Relating to Women's Health Research at the National Institutes of Health - Amends the Public Health Service Act to extend the authorization of appropriations for programs regarding diethylstilbestrol (DES). Mandates a program of education of health professionals and the public concerning DES. (Sec. 102) Extends the authorizations of appropriations for: (1) research on osteoporosis, Paget's disease, and related bone disorders; (2) the National Cancer Institute; (3) breast cancer programs; and (4) programs on ovarian and other cancers of the reproductive system of women. (Sec. 104) Mandates expansion, intensification, and coordination of research and related activities of the National Heart, Lung, and Blood Institute regarding heart attack, stroke, and other cardiovascular diseases in women. Authorizes appropriations. (Sec. 105) Extends the authorization of appropriations for the National Institute on Aging. (Sec. 106) Requires that the Director of the National Institutes of Health (currently, the Director of the Office of Research on Women's Health) appoint members of the Advisory Committee on Women's Health. Title II: Provisions Relating to Women's Health at the Centers for Disease Control and Prevention - Extends the authorization of appropriations for the National Center for Health Statistics and the National Program of Cancer Registries. (Sec. 203) Requires that certain breast and cervical cancer programs be carried out through public or private (currently, public or nonprofit private) entities. Extends authorizations of appropriations for various preventive health measures relating to breast and cervical cancers. (Sec. 204) Extends the authorizations of appropriations for: (1) centers for research and demonstration regarding health promotion and disease prevention; and (2) community projects to coordinate intervention and prevention of domestic violence.
United States · United States Congress · 6 March 1998
Higher Education Reporting Relief Act - Amends the Internal Revenue Code to: (1) repeal the higher education tuition information return requirement for educational institutions and certain related businesses; and (2) require certain institution-identifying information to be provided by the taxpayer in order to claim the tuition credit.
United States · United States Congress · 4 March 1998
Directs the Secretary of Transportation, if a State has not enacted and is not enforcing a law that bans the sale of alcohol through a drive-up or drive-through sales window, to withhold: (1) on October 1, 1999, five percent of specified Federal-aid highway apportionments for such State; and (2) on October 1, 2000, and on October 1 of each fiscal year thereafter, ten percent of such apportionments. Sets forth provisions regarding the period of availability of withheld funds and the effects of compliance and noncompliance with such requirement.
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