United States · United States Congress · 9 October 1998
Fort Campbell Tax Fairness Act of 1998 - Provides that: (1) goods and services purchased at Fort Campbell within the borders of the State of Tennessee or any political subdivision thereof shall be subject to taxation by such State or subdivision only if the purchaser is a resident of such State or subdivision; and (2) the State of Kentucky shall have no obligation or responsibility to provide unemployment compensation for Tennessee residents based on pay and compensation for personal services performed at Fort Campbell.
United States · United States Congress · 1 October 1998
National Oilheat Research Alliance Act of 1998 - Authorizes the oilheat industry to conduct a referendum through a qualified industry organization among retailers and wholesalers for the creation of a National Oilheat Research Alliance to develop programs concerning oilheat research and development, safety issues, consumer education, and training. Defines industry to include those persons involved in the production, transportation, and sale of oilheat, and those engaged in the manufacture and distribution of oilheat utilization equipment in the United States (but not the ultimate consumers of oilheat). Permits State industry trade association participation in such Alliance. Prescribes guidelines for Alliance membership and representation. Requires the Alliance to: (1) levy and collect annual assessments on the wholesale sale of No. 1 distillate and No. 2 dyed distillate sufficient to cover Alliance plans and program costs; and (2) establish a program coordinating its operation with that of any similar State, local, or regional program. Prescribes allocation guidelines governing Alliance funds made available to a qualified State association. Conditions fund availability upon the Alliance's determination that the funds will be used to benefit the oilheat industry directly. Empowers the Alliance to bring suit in Federal district court to compel compliance with any assessments it levies. Mandates that Alliance-funded consumer education activities include a statement that they were supported by the Alliance. Prohibits such consumer education activities from including: (1) a reference to a private brand name; (2) a false or unwarranted claim on behalf of oilheat or related products; or (3) a reference regarding the attributes or use of any competing product. Prescribes procedural guidelines for the filing and transmittal of complaints, including judicial review in Federal court.
United States · United States Congress · 29 September 1998
Calls upon the President to: (1) pursue enhanced enforcement of U.S. trade laws with respect to the increase in steel imports into the United States, including imposition of offsetting duties, quantitative restrictions, and other appropriate remedial measures; (2) pursue with all methods at the President's disposal to achieve a more equitable sharing of the burden of accepting imports of finished steel products from Asia and the independent states of the former Soviet Union; (3) establish a task force that has responsibility for closely monitoring U.S. imports of steel; and (4) report to the Congress by January 5, 1999, with a comprehensive plan for responding to the increase in steel imports, including ways of limiting the deleterious effects on employment, prices, and investment in the U.S. steel industry.
United States · United States Congress · 22 September 1998
Library of Congress Bicentennial Commemorative Coin Act of 1998 - Directs the Secretary of the Treasury to mint and issue five-dollar gold coins and one-dollar silver coins emblematic of the Library of Congress. Authorizes the Secretary to mint and issue $10 bimetallic coins of gold and platinum in lieu of the gold coins. Requires payment of coin sale surcharges to the Library of Congress Trust Fund Board to support Library activities.
United States · United States Congress · 15 September 1998
Declares that: (1) it is in the national interest of the United States to remain actively engaged in the South Pacific region as a means of supporting important U.S. commercial and strategic interests, and to encourage the consolidation of democratic values; (2) a Pacific island summit, hosted by the President with the Pacific island heads of government, would be an excellent opportunity for the United States to foster and improve diplomatic relations with the Pacific island nations; and (3) the United States should fulfill its longstanding commitment to the democratization and economic prosperity of the Pacific island nations by promoting their earliest integration in the mainstream of bilateral, regional, and global commerce and trade.
United States · United States Congress · 9 September 1998
Expresses the sense of the Senate that the Louisville Festival of Faiths should be commended for its concept and its achievements to date, and should serve as a model for similar festivals in other communities throughout the United States.
United States · United States Congress · 2 September 1998
TABLE OF CONTENTS: Title I: State Grant Programs Title II: National Activities Subtitle A: Rehabilitation Act of 1973 Subtitle B: Other National Activities Title III: Alternative Financing Mechanisms Title IV: Repeal and Conforming Amendments Assistive Technology Act of 1998 - Title I: State Grant Programs - Directs the Secretary of Education to provide continuity grants, for assistive technology (AT) for individuals with disabilities, to States that have received less than ten years of funding under the Technology-Related Assistance for Individuals with Disabilities Act of 1988. (Sec. 101) Sets forth the following mandatory activities for any State receiving such a continuity grant: (1) a public awareness program to provide information on availability and benefits of AT devices and services, with an electronic link to the National Public Internet Site; (2) interagency coordination to improve access to AT devices and services; (3) technical assistance and training to promote access to AT devices and services; and (4) outreach activities that support statewide and community-based organizations to assist individuals with disabilities, especially the elderly and rural populations, use AT devices and services. Sets forth the following discretionary activities that such States may undertake with such continuity grants: (1) alternative State-financed systems that increase access to, and funding for, AT; (2) demonstrations of AT devices; (3) assistance to individuals with disabilities related to securing AT devices and services; (4) a system for public access to information concerning any such discretionary activity; (5) partnerships and cooperative initiatives between public and private sectors to promote greater participation by business and industry in development, demonstration, and dissemination of AT devices and ongoing provision of information about new products to assist individuals with disabilities; and (7) advocacy services. Authorizes States to enter cooperative agreements with other States to expand their capacity to assist individuals with disabilities of all ages to learn about, acquire, use, maintain, adapt, and upgrade AT devices and services. Authorizes States to operate or participate in a computer system through which the State may communicate electronically with other States to gain timely technical assistance and avoid duplication of efforts. Authorizes a State to pay for expenses (including travel expenses) and services (including services of qualified interpreters, readers, and personal care assistants) necessary for access to the comprehensive statewide program of technology-related assistance by individuals with disabilities in financial need who are ineligible for such services through another public agency or private entity. Provides for such payments to States according to a formula based on the number of years or portions of amounts that would have been provided by extension grants under the Technology-Related Assistance for Individuals with Disabilities Act. Provides for payments to additional States under specified conditions. Limits the annual amount of any continuation grant to an outlying area. Sets forth continuation grant requirements for: (1) State designation of a lead agency; (2) State application supplements, including State goals, performance measures, involvement of individuals with disabilities and their families, and continuing obligations; and (3) options relating to funding for FY 1999 through 2004, under which a State may choose whether to receive a continuation grant or a challenge grant, but not both. (Sec. 102) Directs the Secretary to provide challenge grants to States for five years to maintain and improve consumer-responsive comprehensive statewide programs of technology-related assistance for individuals with disabilities. Sets forth the following mandatory activities for States receiving such challenge grants: (1) interagency coordination; (2) continuation and enhancement of a statewide information and referral system, including an accessible Website with links to other appropriate sites, such as the National Public Internet Site, for individuals with disabilities and service providers; (3) a public awareness program; (4) capacity building and advocacy activities, and technical assistance and training; and (5) outreach activities. Allows States to use challenge grants for additional activities authorized under the Technology-Related Assistance for Individuals with Disabilities Act, or other activities identified by the State or the Secretary, with the Secretary's approval. Limits the amount of such a grant to an outlying area. Provides for a minimum allotment to all States. Determines any additional amount of such grants to States through a formula based on relative population and population density. Sets forth challenge grant requirements for: (1) State technology plans, including designation of a lead agency, goals, performance measures, involvement of individuals with disabilities and their families, personnel training, and coordination with State councils; and (2) progress reports. (Sec. 103) Directs the Secretary to make competitive five-year supplementary millennium grants to States for State and local capacity building. Authorizes the Secretary to provide such grants to States that submit successful supplements to challenge grants, for one or more of the following State capacity-building activities: (1) obtaining compliance of all public agencies with specified AT-related requirements of the Rehabilitation Act; (2) developing, implementing, documenting, and reviewing a plan for enhancing the participation of all individuals with disabilities of the State in education, employment, transportation, communication, and general access in ways that complement and exceed what is required by the Americans with Disabilities Act of 1990 (ADA); (3) developing and implementing activities for incorporating the principles of universal design in the construction and renovation of facilities, information technology and telecommunications, and other products and services, such as transportation; (4) planning and adopting State personnel standards or professional certification procedures that apply to individuals or entities that provide AT services; (5) evaluating AT devices and AT; or (6) engaging in another activity, pursuant to a priority announced by the Secretary. Allows States to make competitive subgrants for local capacity building activities, including: (1) micro-loans and alternative financing programs; (2) equipment demonstrations; (3) long- and short-term equipment loan programs; (4) equipment recycling programs; (5) outreach and training, especially empowerment training; or (6) meeting unmet local AT-related needs. Provides for such grant payments to States and outlying areas. Requires matching funds when a grant exceeds a specified amount. Sets forth requirements for supplementary grant applications, including: (1) grant partners; (2) involvement of targeted individuals, especially individuals with disabilities who use AT, in grant development and activities; (3) data affecting selection grant focus; (4) State and other resources; (5) goals, activities, performance measures, and annual assessments; (6) limits on indirect costs; (7) joint submissions of applications with State technology plans, with distinct activities and separate budgets for challenge grants and supplementary grants; and (8) progress reports. (Sec. 104) Directs the Secretary to make a six-year grant to an entity in each State to support protection and advocacy services through systems established under the Developmental Disabilities Assistance and Bill of Rights Act to assist in acquiring, utilizing, or maintaining AT or AT services for individuals with disabilities. Requires such grants, in the case of certain States, to be made to a designated lead agency or the State Assistive Technology Office. (Sec. 105) Sets forth administrative requirements, for grant programs under this title, for: (1) review of participating entities; (2) corrective action and sanctions; and (3) annual reports of the Secretary to the President and the Congress. Declares that this title may not be construed as authorizing a Federal or a State agency to reduce medical or other assistance available, or to alter eligibility for a benefit or service, under any other Federal law. (Sec. 106) Authorizes the Secretary to fund a program to provide AT technical assistance to entities, principally those funded under any grant program under this title. Requires, in designing such program, consideration of input from the directors of comprehensive statewide programs of technology-related assistance and other appropriate individuals, especially: (1) individuals with disabilities who use AT and understand the barriers to the acquisition of AT and AT services; (2) family members, guardians, advocates, and authorized representatives of such individuals; and (3) individuals employed by protection and advocacy systems funded by grants under this title. Directs the Secretary, as part of such technical assistance program, to fund the establishment and maintenance of a National Public Internet Site to provide individuals with disabilities and the general public technical assistance and information on increased access to AT devices and services and to other disability-related resources. Requires that an entity eligible to maintain such Internet site be an institution of higher education that emphasizes research and engineering, has a multidisciplinary research center, and has demonstrated expertise in specified matters. Sets forth required features and minimum library components of such Internet site. Sets forth eligibility, application, and program requirements for entities to receive grants, contracts, or cooperative agreements under the technical assistance program. (Sec. 107) Authorizes appropriations for grants and other programs under this title. Title II: National Activities - Subtitle A: Rehabilitation Act of 1973 - Amends the Rehabilitation Act of 1973 (RA, as amended by the Workforce Investment Act of 1988) to require increased coordination on disability, AT, and universal design research among Federal departments and agencies that are members of the Interagency Committee on Disability Research and other Federal departments and agencies. Authorizes the Committee to recommend funding for research projects that are jointly undertaken or administered by at least two departments or agencies with representatives on the Committee. (Sec. 202) Directs the National Council on Disability to report to specified congressional committees on the barriers in Federal AT policy to increasing availability of and access to AT devices and services for individuals with disabilities. Requires the Council to obtain input for such report from the National Institute on Disability and Rehabilitation Research, the Association of Tech Act Projects, and targeted individuals. (Sec. 203) Directs the Architectural and Transportation Barriers Compliance Board (the Access Board) to provide training to Federal and State employees concerning their responsibilities under RA to make their electronic and information technology accessible. Subtitle B: Other National Activities - Authorizes the Secretary to: (1) enter into contracts with small businesses to assist them with design, development, and marketing of AT devices and services, giving preference to such businesses owned or operated by individuals with disabilities; and (2) make grants to small businesses to work with entities funded by the Secretary to evaluate and disseminate information on the effects of technology transfer on the lives of individuals with disabilities, and to utilize such technology transfer and market research services to bring new AT devices and services to commerce. (Sec. 212) Authorizes the Director of the National Institute on Disability and Rehabilitation Research (NIDRR) to collaborate in specified ways with the Federal Laboratory Consortium for Technology Transfer (the Consortium) to promote technology transfer that will further development of AT and products that incorporate universal design principles. Authorizes the Secretary to make grants to or contracts or cooperative agreements with commercial, nonprofit, or other organizations, including institutions of higher education, to facilitate interaction with the Consortium to promote such technology transfer related to AT and universal design. Amends the Stevenson-Wydler Technology Innovation Act of 1980 to require the Consortium to work with the NIDRR Director to compile a compendium of current and projected Federal Laboratory technologies and projects that have or will have an intended or recognized impact on the available range of AT for individuals with disabilities, including technologies and projects that incorporate universal design principles. (Sec. 213) Authorizes the Secretary to make grants to commercial or other enterprises and institutions of higher education for research and development of universal design concepts for products (including information technology) and the built environment. Requires preference to be given to enterprises and institutions owned or operated by individuals with disabilities. (Sec. 214) Authorizes the Secretary to make grants, enter into cooperative agreements, or provide financial assistance through other mechanisms, for specified AT outreach activities: (1) in rural or impoverished urban areas; and (2) for children and older individuals. (Sec. 215) Directs the Secretary to make grants, or enter into contracts, with public and private agencies and organizations, including institutions of higher education, for specified types of training of rehabilitation engineers and technicians in careers related to providing AT devices and services. (Sec. 216) Authorizes the Secretary to study and report with recommendations to specified congressional committees on the benefits of, and obstacles to implementing throughout the Federal Government, a single assistive technology taxonomy developed by the Secretary. (Sec. 217) Authorizes the President's Committee on Employment of People With Disabilities to design, develop, and implement programs to increase the voluntary participation of the private sector in making information technology accessible to individuals with disabilities, including increasing the involvement of such individuals in the design, development, and manufacturing of information technology. Includes a task force, outreach, and technical assistance among program activities. Requires the Committee to coordinate program activities with those of NIDRR and the Department of Labor. (Sec. 218) Authorizes appropriations. Title III: Alternative Financing Mechanisms - Directs the Secretary to make grants to States for the Federal share of alternative financing programs to allow individuals with disabilities and their family members, guardians, advocates, and authorized representatives to purchase AT devices and services. Requires such program to feature one or more alternative financing mechanisms, which may include: (1) a low-interest loan fund; (2) an interest buy-down program; (3) a revolving loan fund; (4) a loan guarantee or insurance program; (5) a program operated by a partnership among private entities for purchase, lease, or other acquisition of AT devices or services; or (6) another mechanism that meets the requirements of this title and is approved by the Secretary. (Sec. 301) Allows such a grant to be awarded for a one-year period. Limits each State to not more than one such grant. Limits the Federal share of program costs to not more than 50 percent. (Sec. 302) Limits the amount of such a grant to an outlying area. Sets minimum State grant allotments. Bases remaining State allotments on population and population density. (Sec. 303) Makes States eligible to compete for grants under this title if they are receiving or have received continuity grants or challenge grants under title I and comply with application requirements. Requires State assurances that the alternative financing program will: (1) continue on a permanent basis; (2) emphasize consumer choice and control; (3) have a permanent separate account; (4) only invest funds in low-risk securities in which a regulated insurance company may invest under the State law; and (5) not use more than ten percent of grant funds for indirect costs. Provides that interest and income from the program's investments shall not be taken into account in determining eligibility for any Federal program. (Sec. 304) Requires a State that receives a grant under this title to enter into a contract with a community-based organization (including a group of such organizations) that has individuals with disabilities involved in organizational decision making at all organizational levels, to administer the alternative financing program. Requires the community-based organization to contract with commercial lending institutions or organizations or State financing agencies to expand opportunities under this title and facilitate administration of the alternative financing program. (Sec. 305) Requires States that receive grants, and community-based organizations that contract with States, under this title to submit specified policies and procedures for administration of the alternative financing program, including ones to: (1) review and process in a timely manner requests for financial assistance for immediate and potential technology needs; (2) give program access to consumers regardless of type of disability, age, income level, location of residence in the State, or type of AT device or service requested; and (3) assure consumer-controlled oversight. (Sec. 306) Directs the Secretary to provide information and technical assistance (through grants, contracts, and cooperative agreements with public or private agencies and organizations, including institutions of higher education) to States to develop and implement alternative financing programs under this title. (Sec. 307) Directs the Secretary to report annually to specified congressional committees on the progress of each alternative financing program funded under this title. (Sec. 308) Authorizes appropriations. Title IV: Repeal and Conforming Amendments - Repeals the Technology-Related Assistance for Individuals With Disabilities Act of 1988.
United States · United States Congress · 1 September 1998
Requests the President to advance: (1) the late Rear Admiral Husband E. Kimmel to the grade of admiral on the retired list of the Navy; and (2) the late Major General Walter C. Short to the grade of lieutenant general on the retired list of the Army. Prohibits any change in compensation or benefits based on the military service of such officers as a result of such advancements. Expresses the sense of the Congress that such officers performed their duties competently and professionally and that losses incurred by the United States in attacks on military targets on Oahu, Hawaii, on December 7, 1941, were not a result of their dereliction of duty.
United States · United States Congress · 28 July 1998
Economic Development Administration Reform Act of 1998 - Amends the Public Works and Economic Development Act of 1965 (the Act) to replace titles I through VI of such Act with the provisions of this Act. Directs the Secretary of Commerce to cooperate with States and other entities to ensure that Federal economic development programs are compatible with and further the objectives of State, regional, and local economic development plans and comprehensive economic development strategies. Authorizes the Secretary to provide appropriate technical assistance to such entities in order to alleviate economic distress, encourage partnerships for economic development strategies, and promote investment in infrastructure and technological capacity to keep pace with the changing global economy. Directs the Secretary to promulgate regulations for intergovernmental review of proposed economic development projects. Authorizes the Secretary to enter into economic development cooperation agreements with two or more adjoining States. Defines an "eligible recipient," for purposes of this Act, as: (1) an area with a per capita income of 80 percent or less of the national average or an unemployment rate at least one percent greater than the national average or one which has experienced or is about to experience actual or threatened severe unemployment or economic adjustment problems; (2) an economic development district; (3) an Indian tribe; (4) a State; (5) a political subdivision; (6) an institution of higher education; or (7) a nonprofit organization acting in cooperation with local officials. Sets forth provisions similar to existing provisions of law authorizing grants to eligible recipients for acquisition or development of public works and development facilities. Retains a limitation that prohibits more than 15 percent of the amounts made available for such assistance from being expended in any one State. Authorizes assistance for public works and economic development to be available for a project to be carried out on a military or Department of Energy installation that is closed or scheduled for closure or realignment without requiring an eligible recipient to have title to the property or a leasehold interest for any specified term. Sets forth provisions similar to those under existing law authorizing grants for economic planning. Authorizes the Secretary to make grants for related administrative expenses as well. Provides a Federal cost-share limit of 50 percent of project costs. Authorizes the Secretary to make supplementary grants for a project for which the recipient is eligible but for which the recipient cannot provide the required non-Federal share. Provides supplementary grant conditions and requirements, authorizing the Secretary to reduce or waive the required non-Federal share in certain cases. Sets forth provisions similar to those under existing law that authorize technical assistance useful in alleviating or preventing conditions of excessive unemployment or underemployment. Authorizes grants for training and research for such purposes as well. Permits the Secretary to reduce or waive the non-Federal share of a project so assisted if the project is not feasible without, and merits, such a reduction or waiver. Retains an existing provision of law regarding the prevention of unfair competition. Sets forth provisions similar to those under existing law which authorize grants for economic adjustment to alleviate long-term economic deterioration and sudden economic dislocation. Revises criteria for such assistance. Authorizes the Secretary to: (1) approve the use of grant funds for projects the scope or purpose for which has been modified after the grant has been made; and (2) use funds for projects constructed for less than the projected costs to improve such projects. Bars assistance for public works and economic development from being used for attorney's or consultants' fees incurred in connection with obtaining grants and contracts. Requires areas to have per capita incomes of 80 percent or less of the national average or unemployment rates at least one percent greater than the national average or to have experienced or be about to experience actual or threatened severe unemployment or economic adjustment problems in order to be eligible for grants for public works and economic development or economic adjustment. Requires from such applicants: (1) documentation of meeting such criteria; and (2) evidence of a comprehensive economic development strategy which identifies the economic problems to be addressed through such assistance, as well as related information. Revises conditions under which areas may be designated as economic development districts by the Secretary. Retains: (1) existing incentives for increasing grant assistance in districts where participants are actively participating in economic development activities and the project is consistent with the district's comprehensive economic development strategy; and (2) provisions authorizing assistance to parts of districts not in eligible areas. Directs the Secretary to carry out this Act through an Assistant Secretary of Commerce for Economic Development who shall serve as the Administrator of the Economic Development Administration. Directs the Secretary to maintain an information clearinghouse on all matters relating to economic development and adjustment, disaster recovery, defense conversion, and trade adjustment programs and activities of Federal and State governments and to assist applicants for such assistance. Authorizes the Secretary to furnish procurement divisions of the Federal Government with a list of business firms located in distressed areas that desire Federal contracts. Requires the Secretary to conduct reviews of university centers that receive grant assistance under this Act to assess their performance and contribution toward retention and creation of employment. Provides for penalty, administrative, and recordkeeping provisions similar to those under existing law. Authorizes appropriations for FY 1999 through 2003. Authorizes additional appropriations for defense conversion activities and disaster economic recovery activities. Repeals provisions of the Act regarding economic recovery for disaster areas, special economic development and adjustment assistance, and the job opportunities program.
United States · United States Congress · 27 July 1998
TABLE OF CONTENTS: Title I: Service Connection for Gulf War Illnesses Title II: Extension and Enhancement of Gulf War Health Care Authorities Title III: Miscellaneous Persian Gulf War Veterans Act of 1998 - Title I: Service Connection for Gulf War Illnesses - Presumes to be service-connected (and therefore compensable or treatable under Federal veterans' benefits provisions) any illness that: (1) the Secretary of Veterans Affairs determines to warrant such a presumption based upon a positive association with exposure to a biological, chemical, or toxic agent, an environmental or wartime hazard, or preventive medicine or vaccine associated with service in the southwest Asia theater of operations during the Persian Gulf War; and (2) becomes manifest in a Gulf War veteran within a period to be prescribed by the Secretary. Requires such presumption even though there is no record of evidence of such illness in the veteran during the period of service. Requires the Secretary to make such determinations based on sound medical and scientific evidence and to take into account reports submitted by the National Academy of Sciences (NAS) as required under this Act. Requires the Secretary to make determinations regarding presumptions of service connection for covered illnesses within 60 days after receipt of an NAS report. (Sec. 102) Directs the Secretary to enter into an agreement with NAS under which NAS shall identify: (1) the agents, hazards, or medicines to which Gulf War veterans may have been exposed; and (2) the illnesses that are manifest in such members. Requires NAS, in making such identification, to consider certain pesticides, nerve agents, repellents, compounds, ionizing radiation, particulates, endemic diseases, and vaccines. Requires NAS to submit to the congressional veterans and defense committees (designated committees) a report specifying all agents, hazards, or medicines considered. Directs NAS, after such identification, to determine whether a statistical association exists between exposure to such agent, hazard, or medicine and the illness. Requires NAS to separately review potential treatment models for such illnesses, make recommendations for additional studies, and perform subsequent reviews of available evidence and data. Requires periodic reports from NAS to the Secretary, the Secretary of Defense, and the designated committees concerning NAS activities. Terminates requirements and activities under this Act ten years after NAS submits its first report. Requires the Secretary to enter into an agreement with an alternative scientific organization if agreement cannot be reached with NAS. (Sec. 103) Directs the Secretary to develop and implement a plan for the establishment and operation of a single computerized information database for the collection, storage, and analysis of information on illnesses and health care utilization patterns of Gulf War veterans. Requires such plan to be submitted to the Secretary of Defense, NAS, and the designated committees. Directs NAS to evaluate and report on such plan. Requires a joint annual report by the Secretary and the Secretary of Defense concerning data compiled and the types, incidences, and prevalence of the illnesses identified, with explanations, as well as information analysis and the implementation of appropriate treatment models in the health care systems of their respective departments. (Sec. 104) Requires such Secretaries and the Secretary of Health and Human Services to report to the designated committees on any recommendations received from NAS for additional scientific studies. (Sec. 105) Directs the Secretaries of Veterans Affairs and Defense to carry out an ongoing program to provide Gulf War veterans with information relating to any health risks determined to be associated with such service, together with services or benefits available. Title II: Extension and Enhancement of Gulf War Health Care Authorities - Extends through December 31, 2001, the authority of the Secretary to provide hospital and nursing care and medical services to Persian Gulf War veterans for any disability. (Sec. 202) Amends the Persian Gulf War Veterans' Benefits Act to extend a program for evaluating the health status of spouses and children of Persian Gulf War veterans until either the date on which all funds for the program are expended or December 31, 2001, whichever is earlier. (Currently such program is authorized until December 31, 1998.) Repeals certain testing and evaluation requirements under such program. Provides additional program outreach requirements. Authorizes the Secretary, in order to increase the number of diagnostic tests and medical examinations under such program: (1) to reimburse primary care physicians of such spouses and children for the costs of such tests or examinations; (2) to conduct such tests and examinations in Department medical facilities; and (3) in the event travel is required for the conduct of such tests or examinations by contract entities, to reimburse the spouses and children for the costs of such travel and related lodging. Requires the Secretary to provide for monthly reports to the Department's Central Office on activities conducted under the program. Title III: Miscellaneous - Requires the Secretary to seek to enter into an agreement with NAS or other appropriate independent organization under which NAS assesses the need for and feasibility of establishing an independent entity to: (1) evaluate and monitor the post-deployment health concerns of military personnel; (2) evaluate the health care provided both before and after deployment; and (3) take certain related actions with respect to the monitoring, evaluation, and improvement of post-deployment health care. Requires a report from NAS to the designated committees on assessment results.
United States · United States Congress · 27 July 1998
Declares that the Congress honors the memory of Detective John Michael Gibson and Private First Class Jacob Joseph Chestnut of the U.S. Capitol Police for the selfless acts of heroism they displayed on July 24, 1998, in sacrificing their lives in the line of duty so that others might live. Provides that, when the Senate and the House of Representatives adjourn on this date, they shall do so out of respect for the memory of Officers Gibson and Chestnut.
United States · United States Congress · 27 July 1998
Authorizes the use of the rotunda of the Capitol for a memorial service for Detective John Michael Gibson and Private First Class Jacob Joseph Chestnut of the U.S. Capitol Police. Directs the Architect of the Capitol to place a plaque in honor of the memory of Officers Gibson and Chestnut at an appropriate site in the U.S. Capitol, with the approval of the Speaker of the House of Representatives and the President Pro Tempore of the Senate. Directs the Sergeant at Arms of the House of Representatives to make arrangements for funeral services for Officers Gibson and Chestnut, including payments for travel expenses of immediate family members, and for expenses incurred by Members of the House of Representatives in attending such services. Directs the Chief Administrative Officer of the House of Representatives to pay survivor's gratuities to the widows of Officers Gibson and Chestnut. Expresses the sense of the Congress that there should be established under law a U.S. Capitol Police Memorial Fund for the surviving spouses and children of members of the U.S. Capitol Police who are slain in the line of duty.
United States · United States Congress · 27 July 1998
Authorizes the printing of the eulogies of the Senate and the House of Representatives for Detective John Michael Gibson and Private First Class Jacob Joseph Chestnut.
United States · United States Congress · 15 July 1998
Instructs the Secretary of Energy to prepare for mandatory inclusion in the President's budget request for FY 2000 a plan and proposed legislation to ensure that all amounts accrued on the books of the United States Enrichment Corporation (USEC) for the disposition of depleted uranium hexafluoride will be used to commence construction, by January 31, 2004, and operate an onsite facility at each of the gaseous diffusion plants at Paducah, Kentucky, and Portsmouth, Ohio, to treat and recycle depleted uranium hexafluoride. Prohibits the withdrawal of such amounts from either the USEC Fund or the Working Capital Account until one year after the date on which the President submits the FY 2000 budget request to the Congress.
United States · United States Congress · 15 July 1998
Hospital Length of Stay Act of 1998 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require that group and individual health insurance coverage, as well as Medicare supplemental insurance policies and managed care plans under Medicaid, provide coverage for hospital lengths of stay as determined by the attending health care provider in consultation with the patient.
United States · United States Congress · 13 July 1998
Amends the Older Americans Act of 1965 to extend through FY 2001 the authorization of appropriations for: (1) the Federal Council on the Aging; (2) administration; (3) grants for State and community programs on aging; (4) the availability of surplus commodities; (5) training, research, and discretionary projects and programs; (6) community service employment for older Americans; (7) grants for Native Americans; (8) allotments for Vulnerable Elder Rights Protection activities; and (9) the Native American program.
United States · United States Congress · 10 July 1998
TABLE OF CONTENTS: Title I: Transfer of Functions of the Joint Committee on Printing Title II: Government Publications Office Title III: Government Publications Office; Publications Production and Production Procurement Services Title IV: Office of Government Publications Access Programs Title V: Administrative and Savings Provisions Wendell H. Ford Government Publications Reform Act of 1998 - Title I: Transfer of Functions of the Joint Committee on Printing - Repeals provisions regarding the Joint Committee on Printing. Transfers legislative oversight functions of the Committee to the Senate Committee on Rules and Administration and the House Committee on House Oversight (committees). Title II: Government Publications Office - Replaces provisions regarding the Government Printing Office (GPO) with those establishing a Government Publications Office, to be headed by an Administrator appointed by the President. Authorizes the Administrator to remedy neglect, delay, duplication, or waste in the production, procurement, and dissemination of the Government's publications, and to enhance the dissemination of, and maintenance of permanent public access to, such publications. Sets forth provisions regarding Publications Office employee pay. Incorporates provisions similar to existing GPO provisions regarding: (1) night work; (2) disbursing officers; (3) a revolving fund for operations; (4) payments for printing, supplies, and production services; (5) machinery or supplies from other Government agencies; (6) supplies furnished to other agencies; (7) limitations on branch offices; (8) details of employees; and (9) special policemen. Sets forth Publication Office procurement authority. Authorizes the Administrator to delegate procurement authority to other agencies seeking authority for the procurement of services. Requires Publication Office regulations to: (1) prohibit an agency from contracting for production of services with another agency or a private sector commercial source unless such entity has been certified by the Administrator as having met this title's requirements; and (2) require the Superintendent of Government Publications Access Programs (established by this Act) to be a signatory to the procurement contract. Abolishes GPO and transfers GPO functions and employees to the Publications Office or the Office of Government Publications Access Programs established under this Act. Title III: Government Publications Office; Publications Production and Production Procurement Services - Replaces provisions regarding production and procurement of printing and binding with those regarding Publications Office production and procurement services. Authorizes the Publications Office to produce or procure the production of Government publications, including those created for or transmitted through an electronic communications system, as requisitioned by the Congress, Federal agencies and the Superintendent of Government Publications Access Programs. Makes the Publications Office the only authorized Federal agency to provide publications production and procurement services for the Congress, the Executive Office of the President, the judiciary (other than the Supreme Court), and every other executive department and independent establishment of the Government, except for: (1) those publications created only for dissemination through an electronic communications system, provided certain requirements of this Act are met; (2) individual production orders by the executive branch costing no more than $1,000, subject to certain conditions; and (3) publications production for the Central Intelligence Agency, the Defense Intelligence Agency, or the National Security Agency. Authorizes executive or judicial branch agencies to procure publications production and procurement services under delegation of authority from the Administrator, subject to certain requirements. Bars agencies from participating in public or private partnerships to produce Government publications or from entering into contractual arrangements for the production, procurement, or dissemination of Government publications unless such action complies with the Federal Publications Dissemination Act of 1998 (title IV of this Act) and is approved in advance by the Superintendent of Government Publications Access Programs. Provides for the appointment of the Superintendent of Government Publications Production and Procurement Services and the Deputy Superintendent of Government Publications Production and Procurement Services. Establishes an account within the Revolving Fund of the Publications Office for the operation of the Government Publications Office Publications Production and Procurement Services programs. Incorporates provisions similar to those under existing law regarding: (1) printing in veterans' hospitals; (2) time for printing documents which contain illustrations or maps; and (3) deadlines for acting upon orders for printing and publications production services. Requires the submission of annual agency plans on the creation, management, dissemination, security, and accessibility of Government publications. Directs agencies to submit plans to be implemented for the five years following the effective date of this title that: (1) reduce the publications production capacity of the agency; (2) set dates on which incremental stages of the reduction will be implemented; and (3) provide for agency publications production to be performed by non-Federal entities pursuant to contracts. (Sec. 302) Replaces provisions regarding congressional printing and binding with those regarding production and procurement of publications services by the Congress and legislative agencies. Revises provisions regarding the "usual number" of bills, resolutions, documents, and reports printed for binding and distribution to require such number to be jointly established at the beginning of each Congress by the committees. (Current law defines "usual number" as 1,682 copies of documents and reports, with further limitations on the number distributed to specified entities.) Sets forth distribution provisions similar to those under existing law. Removes existing limitations on the number of private bills, bills, and resolutions printed. Requires committee reports to be produced by requisition on order of the originating committee. Directs the committees, at the beginning of each Congress, to determine the style, form, and manner of printing for congressional publications. Revises provisions regarding extra copies to limit each House to 300 extra copies provided by simple resolution. Limits reprints of a pending bill, resolution, or public law, or a report from a congressional committee or commission on pending legislation to 300 copies (currently, 1,000). Removes a condition that such reprints be limited to documents not exceeding 50 pages. Incorporates provisions similar to those under existing law for: (1) the style and form of bills and resolutions; (2) binding sets of bills and resolutions for the Congress; (3) printing of public and private laws and treaties; (4) copies of Acts furnished to the Superintendent of Government Publications Production and Procurement Services (currently, the Public Printer); (5) printing Acts, joint resolutions, and treaties; (6) printing documents in two or more editions; (7) printing of documents not provided by law; (8) charging of the appropriation for printing a congressional document or report; (9) lapse of authority to print; (10) statements of appropriations; (11) indexing and binding of committee reports; (12) distribution and references in the margins of the U.S. Statutes at Large; (13) stationery and blank books for the Congress; and (14) binding at the expense of Members of Congress. Removes limitations on the number of copies of Journals of the Houses of Congress to be printed and requires the committees to establish such number at the beginning of each Congress. Revises distribution requirements as well. Revises requirements regarding printing and distribution of the series of publications ordered to be printed by the Congress and of the Congressional Directory. Requires the Directory to be accessible to the public through an electronic on-line service. Revises numerical limitations on the printing of memorial addresses. Bars congressional committees from procuring the printing of more than 300 (currently, 1,000) copies of a hearing or other germane document, except by simple, concurrent, or joint resolution. Authorizes Senators and Representatives to request to receive copies of the U.S. Statutes at Large. Requires the committees to determine the quantity and distribution of documents to the Members, committees, and offices of their respective Houses. Revises requirements for franks and envelopes for Members of Congress. Requires the committees to establish rules governing the style, content, quantity, printing, distribution, and method of payment for franks and envelopes used for mailing public documents. Directs the committees to determine: (1) the mechanisms for the distribution of congressional documents to the Members of Congress; and (2) the disposition of the inventory of Government publications stored at the Capitol. Authorizes appropriations for congressional printing and binding. Requires the General Accounting Office to report to the committees on the feasibility of legislative branch agencies procuring printing and publications services directly from nongovernmental sources under a delegation of authority from the Administrator if such agencies certify to the Superintendent of Government Publications Access Programs and the Superintendent of Government Publications Production and Procurement Services full compliance with specified requirements of this Act. Directs the Superintendent of Government Publications Access Programs to report to the committees recommendations on the feasibility of producing, disseminating, and maintaining permanent public access to the congressional serial sets as publications created for or transmitted through an electronic communications system. (Sec. 303) Revises provisions regarding the Congressional Record to replace authorities of the Joint Committee on Printing and the Public Printer with those of the committees and, in certain cases, with those of the Superintendent of Government Publications Production and Procurement Services. Revises provisions regarding distribution of copies of the Record and extracts for Members of Congress. (Sec. 304) Requires the committees to establish the annual number of reports of the departments to the Congress to be printed for each House. (Current law requires 1,000 to be printed for the Senate and 2,000 for the House.) (Sec. 305) Repeals provisions regarding the printing of particular Government publications. (Sec. 307) Revises provisions regarding the printing and distribution of Supreme Court reports. (Sec. 308) Amends various laws to repeal certain provisions which allow for printing and binding to be carried out without regard to specified laws, including provisions amended by this Act. (Sec. 309) Repeals provisions of law providing for distribution of supplements of the U.S. Code and District of Columbia Code of Laws to Members of Congress. Revises requirements regarding the publication of an edition of the U.S. Constitution by the Librarian of Congress to require the Director of the Congressional Research Service to have prepared an annotated edition of the Constitution every ten years, cumulative supplements every two years in the interim period between decennial editions, including cumulative analysis of Supreme Court decisions, and a regularly-updated electronic version. Repeals provisions regarding the printing and binding of the official papers relating to U.S. territories. Title IV: Office of Government Publications Access Programs - Federal Publications Dissemination Act of 1998 - Replaces provisions regarding public printing and the depository library program with those regarding Federal publications access programs. Provides for the appointment of a Superintendent of Government Publications Access Programs (Superintendent) and a Deputy Superintendent of Government Publications Access Programs. Establishes an account within the Revolving Fund of the Publications Office for the operation of the Federal Publications Access Programs. Authorizes appropriations for the Programs. Requires the Superintendent to ensure the timely dissemination of Government publications to the public and to improve permanent public access to such publications. Makes Government publications of the executive, legislative, and judicial branches available at no charge to Federal publications access libraries (access libraries). Requires the Superintendent to certify on every contract for the production or procurement of any Government publication entered into by an agency: (1) the number of additional copies required by the Superintendent for the Programs; or (2) the terms for accessing such publications required by the Superintendent. Directs the Superintendent, for on-line, fee-based services, to negotiate the terms for access by the Programs based upon the incremental cost of providing access to access libraries. Requires the Superintendent to: (1) provide selection, cataloging, classification, locator, and indexing services for all Government publications from the executive, legislative, and judicial branches; (2) make available a comprehensive and timely catalog, locator, and current, categorized list of Government publications; and (3) produce a consolidated index of congressional documents. Directs executive agency heads, the Administrative Office of the Courts, on behalf of the judicial branch, and the committees, for each House of Congress, to ensure that all Government publications produced or procured for production are made available to the Superintendent for dissemination through the Programs. Requires agencies to notify the Superintendent of intent to produce or procure, substantially modify, or terminate the production of a Government publication or to eliminate printed copies and provide only electronic access. Sets forth notification and other requirements for agencies entering into contracts for the printing or procurement of Government publications. Requires agencies to provide permanent public access to Government publications created for or transmitted through an electronic communications system until such a system for permanent public access is established by the Superintendent. Sets forth procedures to be followed in cases of executive agency noncompliance with access requirements, including prohibitions on contracting for production or procurement of publications during periods of noncompliance. Sets forth access, compliance, and enforcement provisions with respect to the legislative and judicial branches as well. Requires the Superintendent to establish a system of permanent public access to Government publications, including for those created for or transmitted through an electronic communications system. Sets forth provisions regarding the designation and responsibilities of access libraries. Requires the Superintendent to establish a permanent Federal Publications Access Library Council to advise on: (1) appropriate items and preferred formats for inclusion in the Programs; (2) Government publications that are not included and that are recommended for inclusion; and (3) other policy matters. Transfers functions and personnel of the Superintendent of Documents to the Superintendent. Incorporates all relevant provisions of regulations relating to Federal depository libraries into regulations relating to access libraries. (Sec. 403) Replaces provisions regarding the distribution and sale of public documents with those providing for the distribution and sale of Government publications by the Superintendent. Incorporates provisions similar to those under existing law for: (1) publications for public distribution and the sale of Government publications; (2) additional copies for sale; (3) reproduction of publications required for sale; (4) printing and sale of blank forms; (5) publications for use of the Superintendent (currently, the Public Printer); and (6) exchange of Government publications by heads of agencies. Requires the Superintendent to operate the sales program on a self-sustaining basis and to establish prices to cover costs of procurement or production and dissemination and other appropriate costs. Revises provisions regarding publications for the National Archives and Records Administration, the Secretary of the Senate and the Clerk of the House, and the Library of Congress. Repeals provisions that authorize fees to be charged for use of the electronic directory of Federal electronic information. Title V: Administrative and Savings Provisions - Continues existing employment terms of GPO employees until modified or terminated in accordance with law, including the provisions of this Act. (Sec. 502) Provides that this Act shall not affect any existing proceedings or suits. (Sec. 506) Amends various laws to transfer functions of the Joint Committee on Printing to other entities.
United States · United States Congress · 9 July 1998
Continued Dumping or Subsidy Offset Act of 1998 - Amends the Tariff Act of 1930 to declare that, whenever continued dumping or subsidization is found to exist by the administering authority or by operation of law, any duties assessed shall be distributed as continued dumping or subsidy offsets to the affected domestic producers for qualifying expenditures on an annual basis. Limits qualifying expenditures to expenditures incurred since the issuance of the antidumping duty finding or order or countervailing duty order in any or all of the categories of plant, equipment, research and development (R&D), personnel training, acquisition of technology, employer-paid employee health care and pension benefits, and environmental equipment, training or technology. Directs the Commissioner of the U.S. Customs Service to prescribe offset disbursement procedures. Sets forth general procedures for notification of eligible parties. Requires the Commissioner to establish a special account in the Treasury to receive all antidumping or countervailing duties, including interest, for distribution according to this Act, within 14 days after an antidumping or countervailing duty order takes effect.
United States · United States Congress · 6 July 1998
Advancement in Pediatric Autism Research Act - Amends the Public Health Service Act to direct the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate the activities of NIH with respect to autism. Requires the Director, among other things to: (1) ensure that at NIH there is a committee to coordinate research on autism; and (2) make awards and grants to public or nonprofit entities for centers of excellence regarding research on autism. Authorizes appropriations.
United States · United States Congress · 26 June 1998
Commends the Library of Congress on 200 years of service to the Congress and the Nation, and encourages the American public to participate in activities to commemorate the Library's bicentennial.
United States · United States Congress · 25 June 1998
Commends the Library of Congress on 200 years of service to the Congress and the Nation, and encourages the American public to participate in activities to commemorate the Library's bicentennial.
United States · United States Congress · 24 June 1998
Education Flexibility Amendments of 1998 - Amends the Goals 2000: Educate America Act to authorize the Secretary of Education to allow all States to participate in the Education Flexibility Partnership Demonstration Act program. Directs the Secretary to make available funds to carry out such program for FY 1999 through 2003.
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 · 22 June 1998
Sets a one-year moratorium during which the Secretary of Health and Human Services may not modify regulations governing the operation of the Organ Procurement and Transplantation Network, including pertinent regulations under the Social Security Act. States that a related final rule published in the Federal Register has no legal effect. Directs the Secretary to: (1) consult with the medical community and organ donation organizations to develop workable guidelines for Network operation; and (2) study the impact of proposed regulations on indigent care, economic and geographic access to transplantation services, transplantation outcome and survival rate, and waiting list time by organ.
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 · 16 June 1998
Superfund Recycling Equity Act of 1998 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental regulations or standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard or if such material is an item of scrap paper containing, at the time of recycling, a concentration of a hazardous substance determined to present a significant human health or environmental risk.
United States · United States Congress · 9 June 1998
Manufactured Housing Improvement Act - Amends the National Manufactured Housing Construction and Safety Standards Act of 1974 to revise Federal construction and safety provisions for manufactured homes based upon a consensus standards development process. Eliminates the National Manufactured Home Advisory Council.
United States · United States Congress · 22 May 1998
Congratulates the Philippines on the commemoration of its independence from Spain. Recognizes and supports the relationship between the Philippines and the United States. Supports Philippine efforts to strengthen democracy, human rights, the rule of law, and expansion of free market economics.
United States · United States Congress · 14 May 1998
Cuban Solidarity (SOLIDARIDAD) Act of 1998 - Directs the President to: (1) instruct the heads of all relevant U.S. agencies to increase support for democratic opposition groups in Cuba; (2) initiate broadcasting of Radio Marti and Television Marti from the United States Naval Base at Guantanamo Bay, Cuba, or other suitable sites in proximity to Cuba; (3) provide not less than $5 million of funds otherwise available for U.S. voluntary contributions to the Organization of American States (OAS) in FY 1999, solely for the purpose of establishing a fund for the deployment of human rights observers, election support, and election observation in Cuba; (4) direct the Secretary of the Treasury to increase the number of personnel of the Office of Foreign Assets Control having responsibilities with respect to the economic embargo on Cuba in order to enforce the embargo more vigorously and to license expeditiously lawful transactions involving Cuba; and (5) take steps to secure a commitment from the Cuban government to allow the direct delivery of mail from the United States to Cuba. (Sec. 5) Urges the President to instruct: (1) the U.S. Permanent Representative to the United Nations (UN) to introduce a resolution in the UN Security Council calling upon the Cuban government to immediately respect all human rights, free all political prisoners, legalize independent political parties, allow independent trade unions, and conduct internationally monitored and freely contested elections; and (2) the Attorney General to seek an indictment of Fidel Castro and-or other Cuban government officials for the willful, premeditated attack on and destruction of two unarmed "Brothers to the Rescue" humanitarian aircraft on February 24, 1996 within the special aircraft jurisdiction of the United States, and the violence against and incapacitation and murder of four individuals on such aircraft, Pablo Morales, Carlos Costa, Mario de la Pena, and Armando Alejandre. Requires specified reports on Cuba. (Sec. 6) Earmarks specified amounts of economic support fund and development assistance funds for individuals and independent nongovernmental organizations to support democracy-building efforts, and to provide humanitarian assistance to victims of political repression, in Cuba. Requires notification of the appropriate congressional committees with respect to such funds. Prohibits the provision of assistance under this Act to the Cuban government, to any organization affiliated with the Cuban government, or to any organization that has violated any U.S. law prohibiting or restricting trade or other financial transactions with Cuba. (Sec. 7) Authorizes the President to authorize air transportation flights directly from the United States to Cuba for a period of six months (including additional six month periods) only if the President certifies to the Congress that: (1) those flights are necessary for, and will be used solely for, the delivery of humanitarian assistance (including medicines and medical supplies) by independent nongovernmental organizations to victims of political repression in Cuba; and (2) adequate monitoring is in place to ensure that such assistance will be delivered by such organizations only to the intended recipients and will not be diverted to ineligible persons.
United States · United States Congress · 13 May 1998
TABLE OF CONTENTS: Title I: Strategic Planning Title II: Reserve Component Leadership Title III: Use of the Reserve Components for Emergencies Involving Weapons of Mass Destruction Title IV: Strengthened Reforms for Army National Guard Combat Readiness Title V: Pay, Allowances, Retirement, and Other Monetary Benefits Title VI: Other Benefits Title VII: Other Matters National Guard and Reserve Components Equity Act of 1998 - Title I: Strategic Planning - Directs the Secretary of Defense (Secretary) to develop and submit to the Congress: (1) a report on the Army reserve component force structure; (2) a master plan for modernization of the National Guard and other reserve components; and (3) a master plan for meeting the military construction requirements of the National Guard and reserve components. Requires the maintaining of current end strengths for Selected Reserve personnel of the Army National Guard and the Army Reserve through the end of FY 2000. Title II: Reserve Component Leadership - Directs the Chief of the National Guard Bureau to identify for the Chairman of the Joint Chiefs of Staff (JCS) any matter that directly concerns the National Guard, domestic security, or public safety. Requires the Chief to meet with the JCS when such matters are considered. Includes the Chief as a member of the Joint Requirements Oversight Council of the Department of Defense (DOD). Makes the Chief the principal advisor to the President, the Secretary, and the heads of the military departments on matters of domestic security or public safety. (Sec. 202) Provides authorized grades of the Chief and the chiefs of the reserve components. Excludes such positions from active-duty general and flag officer end strength limitations. (Sec. 203) Directs the Secretary to require that, whenever a person is appointed as a State adjutant general of the National Guard, the board that is to consider the appointee for Federal recognition be convened within 60 days after such appointment. Makes the DOD Inspector General responsible for investigations relating to such appointments. (Sec. 204) Directs the Comptroller General to review and report to the Congress on the promotions of, and extensions of Federal recognition to, officers of the National Guard to determine the timeliness and fairness of the processing of such actions. Title III: Use of the Reserve Components for Emergencies Involving Weapons of Mass Destruction - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to include within its authorized assistance an emergency involving a weapon of mass destruction. Authorizes the use of National Guard or reserve personnel to provide an immediate response to incidents involving a use or threatened use of such a weapon. Authorizes the Secretary to reimburse a State for expenses incurred by its National Guard in emergency preparedness programs for responding to emergencies involving such weapons. (Sec. 302) Authorizes the Secretary of the military department concerned to order into active duty a reserve unit or member to respond to emergencies involving such weapons, with limitations. Authorizes the use of reserve personnel currently on active duty, or reserve personnel serving on full-time National Guard duty, for such purposes. Excludes personnel so used from various end strength limitations. Title IV: Strengthened Reforms for Army National Guard Combat Readiness - Amends the Army National Guard Combat Readiness Reform Act of 1992 to direct the Secretary of the Army to ensure that sufficient training positions and funds are available to meet military education requirements of Army National Guard noncommissioned officers without it being necessary for such officers to be absent from unit annual training in order to meet such requirements. (Sec. 402) Requires the inclusion of professional development training within Army National Guard combat units. Requires all such training to be implemented at the platoon level. Requires the Secretary of the Army to ensure the adequacy of funding for such programs. (Sec. 403) Directs the Secretary of the Army to use combat simulators and simulations to fully support the complete integration of Army National Guard and active units, as well as to train both units. Title V: Pay, Allowances, Retirement, and Other Monetary Benefits - Requires reserve personnel serving on active duty more than 100 miles from their primary residence to be paid a basic allowance for housing. (Sec. 502) Entitles military personnel to hazardous duty or imminent danger pay for any month in which such personnel are entitled to any basic pay, without regard to the number of days of duty performed for the month. (Sec. 503) Authorizes reserve personnel to make allotments from pay for the support of relatives. (Sec. 504) Authorizes early retirement due to physical disability for Selected Reserve personnel who: (1) have completed at least 15, and less than 20, years of retirement-creditable service; and (2) no longer meet Selected Reserve qualifications solely because of such disability. Title VI: Other Benefits - Repeals a Federal provision which terminates Selected Reserve eligibility for educational assistance under the Montgomery GI Bill on the earlier of ten years after an individual first becomes entitled to such benefits or the date such person is separated from such service. Makes such termination date the date which is ten years after such service. (Sec. 602) Directs the Secretary to carry out and report to the Congress on a demonstration program to test the efficacy of permitting unlimited use of commissary stores by current and former reserve members who are eligible for limited commissary store use. (Sec. 603) Directs the Secretary to allow members of the Selected Reserve and their dependents to receive transportation on DOD aircraft on a space-available basis to the same extent as active-duty personnel and their dependents. Allows such transportation for the dependent only when accompanying such Reserve member. (Sec. 604) Repeals an October 27, 1999, expiration date on the availability of veterans' housing loans for certain Selected Reserve personnel who have completed more than six years of retirement-creditable military service. Title VII: Other Matters - Amends the Internal Revenue Code to add a Ready Reserve-National Guard employee tax credit of 50 percent of the actual compensation paid to such employees in a taxable year, to a maximum of $2,000 per year. Makes such credit part of the general business credit.
United States · United States Congress · 12 May 1998
Prohibits the Secretaries of the Navy and of Transportation from selling or otherwise disposing of any naval vessel or Maritime Administration vessel, respectively, for purposes of dismantling, breaking up, or scrapping such vessels outside the United States, unless: (1) the Administrator of the Environmental Protection Agency certifies to the Congress and the Secretaries that environmental standards imposed by law and enforced in the country in which the vessel is to be dismantled, broken up, or scrapped are similar to the environmental standards imposed under U.S. law; and (2) the Secretary of Labor certifies to the Congress and such Secretaries that such country recognizes internationally recognized worker rights. Directs the Secretary of the Navy, after assessing the feasibility and advisability of breaking up naval vessels and Maritime Administration vessels in U.S. shipyards, to carry out a demonstration program by competitively awarding a cost contract to each of two qualified U.S. shipyards to break up a group of vessels consisting of any stricken from the Naval Vessel Register and any under the jurisdiction of the Maritime Administration.
United States · United States Congress · 7 May 1998
Senior Citizen Protection Act of 1998 - Amends title XIX (Medicaid) of the Social Security Act to extend the authority of State Medicaid fraud control units, upon the approval of the Inspector General of the relevant Federal agency, to investigate and prosecute: (1) fraud in connection with other Federal health care programs (if the suspected fraud or law violation is primarily related to the State Medicaid plan); and (2) at a unit's option, abuse of residents of non-Medicaid board and care facilities. Provides that overpayments collected by a State Medicaid fraud control unit shall be credited to, and be available for expenditure under, the Federal health care program that was subject to the activity that was the basis for the collection.
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 · 30 April 1998
Commends Stuart F. Balderson, Financial Clerk of the Senate from August 1, 1980, to April 30, 1998, for his exemplary service to the U.S. Senate and the Nation.
United States · United States Congress · 29 April 1998
Notch Fairness Act of 1998 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to revise the formula for the computation of minimum old age insurance benefits for individuals who reached age 65 in or after 1979 and to whom applies the 15-year transition period for the changes in benefit computation rules enacted in the Social Security Amendments of 1977. Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 55 percent to five percent and keyed to the year an individual became eligible for such benefits between 1979 and 1988. Allows such beneficiaries, in the alternative, to receive lump sum payments over four years totaling $5,000. Provides that amounts offset by this Act shall not be counted as direct spending for purposes of the budgetary limits provided in the Congressional Budget Act of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
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 · 27 April 1998
Marriage Penalty Reduction Act - Amends the Internal Revenue Code to increase standard deduction amounts. (Makes the deduction for married filing jointly twice that of single filers.)
United States · United States Congress · 22 April 1998
Air Service Restoration Act - Amends Federal transportation law to establish within the Department of Transportation an Office of Aviation Development, which shall be headed by a Director, designated by the Secretary of Transportation. Requires the Director to: (1) function as a facilitator between small communities and air carriers; (2) carry out a specified airline service restoration program; (3) ensure that the Bureau of Transportation Statistics collects data on passenger information to assess the service needs of small communities; (4) coordinate efforts with other Federal, State, and local agencies to increase the viability of service to small communities and the creation of aviation development zones; and (5) recommend policies to the Secretary and the Congress that will ensure that small communities have access to quality, affordable air transportation services. Requires the Director to report annually to the Secretary and the Congress with respect to the availability of quality air transportation services to small communities. (Sec. 5) Authorizes a small community or a consortia of small communities or a State to develop an assessment of air service requirements and submit it with an air service program proposal to the Office of Aviation Development. Sets forth specified program requirements. Requires the Director to report annually to the Congress on progress in expanding commercial aviation service to smaller communities. Waives for any community approved for service during a specified period the requirement that a State or local government or person submitting a proposal to compensate an air carrier for providing air transportation be willing and able to pay 25 percent of the cost of providing such transportation. (Sec. 6) Requires the Director to establish an airline service restoration pilot program to assist communities and States with inadequate access to the national transportation system to improve such access, including facilitating better link-ups to such system. Sets forth certain requirements and eligibility criteria with respect to communities participating in the pilot program. Directs the Administrator of the Federal Aviation Administration (FAA), in order to facilitate the use of, and improve the safety at, small airports, to establish a pilot program to contract for Level I air traffic control at 20 facilities not eligible for participation in the Federal Contract Tower Program. (Sec. 7) Authorizes the Secretary to obligate specified amounts of aviation program funds (including success bonuses) in providing enhanced air carrier service to small communities. (Sec. 8) Authorizes the Secretary, in order to facilitate air service to a small community receiving airline service restoration pilot program assistance, to require, if necessary, an air carrier that serves an essential U.S. airport facility and an air carrier that offers service in an underserved U.S. market to enter into an agreement with a qualifying air carrier that files a request with the Secretary. (Sec. 9) Amends Federal aviation law policy to require the Secretary, in the course of economic regulation, to consider ensuring that: (1) consumers in all U.S. regions, including those in small communities and rural and remote areas, have access to affordable, regularly scheduled air service; and (2) any slots given to air carriers to provide small community air service are withdrawn if the carrier fails to provide such service. (Sec. 10) Directs the Secretary to review, and promulgate regulations to address, the marketing practices of air carriers that may inhibit the availability of quality, affordable air transportation services to small and medium-sized communities.
United States · United States Congress · 2 April 1998
Excludes from current limitations on the number of general or flag officers who may serve on active duty a general or flag officer who is on active duty under a call or order specifying a period of more than 179 days. Limits the total number of such officers to three percent of the total of all officers on active duty.
United States · United States Congress · 1 April 1998
Constitutional Amendment - Grants victims of crimes of violence the right to: (1) reasonable notice of, and to not be excluded from, all public proceedings relating to the crime; (2) be heard, if present, and to submit a statement at all public proceedings to determine a release from custody, an acceptance of a negotiated plea, or a sentence (grants such rights at a non-public parole proceeding to the extent they are afforded to the convicted offender); (3) reasonable notice of a release or escape from custody relating to the crime; (4) consideration for the interest of the victim in a trial free from unreasonable delay; (5) an order of restitution from the convicted offender; (6) consideration for the safety of the victim in determining any release from custody; and (7) reasonable notice of the rights established by this amendment. Grants the victim or the victim's representative standing to assert such rights. Provides that nothing in this amendment shall: (1) provide grounds for the victim to challenge a charging decision or a conviction, to overturn a sentence or negotiated plea, to obtain a stay of trial, or to compel a new trial; and (2) give rise to a claim for damages against the United States, a State, a political subdivision, or a public official. Empowers the Congress and the States to implement and enforce this amendment within their respective jurisdictions by appropriate legislation, including by enacting exceptions when necessary to achieve a compelling interest.
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 · 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.
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