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Law· HRH.R. 4103 (105th)enacted
United States · United States Congress · 22 June 1998
TABLE OF CONTENTS: Title I: Military Personnel Title II: Operation and Maintenance Title III: Procurement Title IV: Research, Development, Test, and Evaluation Title V: Revolving and Management Funds Title VI: Other Department of Defense Programs Title VII: Related Agencies Title VIII: General Provisions Title IX: Emergency Appropriations for Information Systems Technology and Security Department of Defense Appropriations Act, 1999 - Title I: Military Personnel - Appropriates funds for FY 1999 for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force and for National Guard personnel in the Army and Air Force. Title II: Operation and Maintenance - Appropriates funds for FY 1999 for the operation and maintenance (O&M) of the Army, Navy, and Air Force (including a transfer of funds in each case), the Marine Corps, the defense agencies, the reserve components, and the Army and Air National Guards. Appropriates funds for: (1) the Overseas Contingency Operations Transfer Fund (including a transfer of funds); (2) the U.S. Court of Appeals for the Armed Forces; (3) environmental restoration for the Army, Navy, and Air Force and defense-wide (including a transfer of funds in each case); (4) environmental restoration at formerly used defense sites (including a transfer of funds); (5) overseas humanitarian, disaster, and civic aid programs; (6) former Soviet Union threat reduction; and (7) Department of Defense (DOD) real property maintenance. Title III: Procurement - Appropriates funds for FY 1999 for procurement by the armed forces and reserve components of aircraft, missiles, weapons, tracked combat vehicles, ammunition, and shipbuilding and conversion and for other procurement. Appropriates funds for defense-wide procurement and for National Guard and reserve equipment. Title IV: Research, Development, Test, and Evaluation - Appropriates funds for FY 1999 for research, development, test, and evaluation by the armed forces and defense agencies. Appropriates funds for the Directors of Test and Evaluation and Operational Test and Evaluation. Title V: Revolving and Management Funds - Appropriates funds for the Defense Working Capital Funds and programs under the National Defense Sealift Fund (including a transfer of funds in each case). Title VI: Other Department of Defense Programs - Appropriates funds for: (1) DOD medical and health care programs; (2) the destruction of lethal chemical agents and munitions; (3) drug interdiction and counter-drug activities, defense (including a transfer of funds); and (4) the Office of the Inspector General. Title VII: Related Agencies - Appropriates funds for: (1) the Central Intelligence Agency Retirement and Disability System Fund; (2) the Intelligence Community Management Account; (3) payment to the Kaho'olawe Island Conveyance, Remediation, and Environmental Restoration Fund; and (4) national security scholarships, fellowships, and grants (using funds derived from the National Security Education Trust Fund). Title VIII: General Provisions - Specifies authorized, restricted, and prohibited uses of appropriated funds. (Sec. 8008) Authorizes appropriated procurement funds to be used for multiyear procurement contracts for Medium Tactical Vehicle Replacement vehicles and the AV-8B, E-2C, and T-45 aircraft programs. (Sec. 8010) Prohibits during FY 1999 the management by end strengths of DOD civilian personnel. (Sec. 8019) Authorizes the Secretary of Defense to establish with host governments of NATO-member countries an account for the deposit of residual value amounts negotiated in the return of U.S. military installations to such countries. (Sec. 8032) Authorizes DOD to incur obligations of up to $350 million for DOD personnel compensation, military construction projects, and supplies and services in anticipation of receipts of contributions from the Government of Kuwait. (Sec. 8034) Prohibits the use of FY 1999 DOD funds to fund more than 6,206 staff years of technical effort for defense federally funded research and development centers. Directs the Secretary to control the number of such staff years so as to reduce the total amounts appropriated in titles II through IV by $62 million. Reduces the total amounts appropriated in such titles by such figure. (Sec. 8035) Provides Buy American requirements with respect to the DOD procurement of carbon, alloy, or armor steel plating. Requires the Secretary to report to the Congress on the amount of DOD purchases from foreign entities in FY 1999. (Sec. 8052) Prohibits the use of funds: (1) by a DOD entity without compliance with the Buy American Act; (2) to establish additional field operating agencies of DOD elements or to hire additional personnel for such agencies, except for those funded within the National Foreign Intelligence Program; (3) for assistance to the Democratic People's Republic of Korea unless specifically appropriated; (4) to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 1998, level; or (5) to transport chemical munitions or agents to Johnston Atoll for storage or demilitarization, except during a period of war. (Sec. 8056) Rescinds specified funds from various accounts under prior defense appropriations Acts. (Sec. 8071) Directs the Secretary to report quarterly to specified congressional committees on all costs incurred by DOD during the preceding quarter in implementing or supporting United Nations (UN) resolutions. (Sec. 8072) Prohibits the use of FY 1998 funds to transfer to another nation or international organization any defense articles or services (other than intelligence services) for use in international peacekeeping or peace enforcement activities. (Sec. 8080) Directs the Under Secretary of Defense (Comptroller) to submit to the defense committees a report identifying any activity for which the FY 2000 budget request was reduced because the Congress appropriated funds above the President's budget request for that activity for FY 1999. (Sec. 8082) Authorizes the Secretary to waive reimbursement of certain educational costs of the Asia-Pacific Center for Security Studies for military officers and civilian officials of foreign countries if determined to be in the national security interest. (Sec. 8083) Authorizes the Chief of the National Guard Bureau to permit the use of equipment of the National Guard Distance Learning Project on a space-available, reimbursable basis. (Sec. 8085) Appropriates during FY 1999 amounts necessary for the O&M of Fisher houses. (Sec. 8089) Directs DOD to submit to the defense committees a budget justification document for the active and reserve military personnel accounts which identifies the amounts requested by the President to be appropriated to DOD for military personnel in any budget request for FY 2000. (Sec. 8092) Prohibits the use of funds: (1) for approving the license or sale of the F-22 advanced tactical fighter to any foreign government; or (2) for the United States Man and the Biosphere Program or related projects. (Sec. 8101) Reduces by $201.1 million the total amount appropriated in this Act to reflect savings from revised economic assumptions, to be allocated among various DOD accounts. (Sec. 8102) Authorizes the Secretary of the Navy to transfer: (1) on a grant basis under provisions of the Foreign Assistance Act of 1961 specified naval vessels to Argentina, Greece, Portugal, and Turkey; (2) on a sales basis under the Arms Export Control Act specified naval vessels to Brazil, Chile, Greece, the Philippines, Spain, Turkey, Venezuela, and the Taipei Economic and Cultural Representative Office in the United States; and (3) on a combined lease-sale basis under the Arms Export Control Act specified naval vessels to Brazil and Greece. Provides lease-sale conditions. Establishes in the Treasury the Defense Vessels Transfer Program Account for lease-sale transfer costs. Amends various Acts to waive congressional notification requirements with respect to transfers under this section. Makes inapplicable certain limitations on the annual aggregate value of transferred excess defense articles. Requires transfer costs to be borne by recipients. Directs such Secretary to require, as a transfer condition, that any necessary pre- transfer vessel refurbishment be performed at a U.S. shipyard, including a Navy shipyard. Terminates all transfer authority two years after the enactment of this Act. (Sec. 8104) Transfers specified O&M funds to the Defense Working Capital Funds to fund operations of the Defense Commissary Agency. (Sec. 8105) Appropriates funds for emergency and extraordinary expenses associated with the accident involving U.S. Marine Corps A-6 aircraft on February 3, 1998, near Cavalese, Italy. (Sec. 8106) Prohibits appropriated or otherwise available funds from being used to initiate or conduct U.S. offensive military operations, except in accordance with the war powers clause of the Constitution. Title IX: Emergency Appropriations for Information Systems Technology and Security - Appropriates funds for DOD emergency expenses relating to the year 2000 conversion of information technology and national security systems (systems), for information technology and computer security and information assurance programs, and related purposes. Prohibits such funds from being obligated or expended on the development or modernization of any such system if it does not meet certification level 1a, 1b, or 2, as specified under a DOD year 2000 management plan. Provides exceptions. Prohibits funding for mission critical systems from being subject to unallocated reductions of funds. Authorizes the Secretary to waive the certification requirements on a case-by-case basis, after congressional notification. Directs the Secretary to report to the defense committees on DOD year 2000 conversion actions and plans. Requires the Secretary to have in place by December 31, 1998, contingency plans to ensure continuity of operations for every DOD critical mission or function that is dependent on such a system. Requires Inspector General evaluation of year 2000 compliance actions. (Sec. 9002) Directs the Secretary to submit to the Congress a plan for the execution of a simulated year 2000 as part of certain military training exercises. Authorizes the Secretary, after congressional notification, to exclude from such exercises a system which is incapable of performing reliably in year 2000 simulations.
Bill· HRH.R. 4104 (105th)open
United States · United States Congress · 22 June 1998
TABLE OF CONTENTS: Title I: Department of the Treasury Title II: Postal Service Title III: Executive Office of the President and Funds Appropriated to the President Title IV: Independent Agencies Title V: General Provisions Title VI: General Provisions Treasury and General Government Appropriations Act, 1999 - Makes appropriations for FY 1999 for the Treasury Department, the U.S. Postal Service, the Executive Office of the President, and certain independent agencies. Title I: Department of the Treasury - Makes appropriations for the Department of the Treasury for: (1) departmental offices; (2) the Office of Professional Responsibility; (3) automation enhancement; (4) the Office of Inspector General; (5) repair and restoration of the Treasury building and annex; (6) the Financial Crimes Enforcement Network; (7) violent crime reduction programs; (8) the Federal Law Enforcement Training Center, including amounts for acquisition of additional real property and facilities and maintenance and facility improvements; (9) interagency law enforcement with respect to organized crime drug trafficking; (10) the Financial Management Service; (11) the Bureau of Alcohol, Tobacco and Firearms; (12) the U.S. Customs Service, including amounts for operations and maintenance of marine vessels and aircraft and collection of the Harbor Maintenance Fee; (13) the Bureau of the Public Debt; (14) the Internal Revenue Service (IRS), including amounts for tax law enforcement, earned income tax credit compliance and error reduction initiatives, information systems, and information technology investments; and (15) the Secret Service, including an amount for construction and improvement of facilities. Sets forth authorized uses of, and limitations on, such funds. Title II: Postal Service - Makes appropriations for payments to the Postal Service Fund for revenue foregone on free and reduced rate mail. Sets forth authorized uses of, and limitations on, such funds. Title III: Executive Office of the President and Funds Appropriated to the President - Executive Office Appropriations Act, 1999 - Makes appropriations for: (1) compensation of the President and the White House office; (2) operating, maintenance, and reimbursable expenses of the Executive Residence at the White House; (3) special assistance to the President and the official residence of the Vice President; (4) the Council of Economic Advisers; (5) the Office of Policy Development; (6) the National Security Council; (7) the Office of Administration; (8) the Office of Management and Budget (OMB); (9) the Office of National Drug Control Policy; (10) Federal drug control programs, including amounts for the High Intensity Drug Trafficking Areas Program and for a national anti-drug campaign for youth; (11) emergency expenses related to year 2000 conversion of Federal information technology systems; and (12) unanticipated needs in furtherance of the national interest, security, or defense. Sets forth authorized uses of, and limitations on, such funds. Title IV: Independent Agencies - Independent Agencies Appropriations Act, 1999 - Makes appropriations for the: (1) Committee for Purchase From People Who Are Blind or Severely Disabled; (2) Federal Election Commission; (3) Federal Labor Relations Authority; and (4) General Services Administration (GSA), including amounts for the Federal Buildings Fund, Government-wide policy and operations, Office of Inspector General, and allowances and office staff for former Presidents. Sets forth authorized uses of, and limitations on, such funds. (Sec. 409) Requires the GSA Administrator to convey all right, title, and interest in: (1) real property in Miami-Dade County, Florida, comprising the U.S. Naval Observatory-Alternate Time Service Laboratory to the University of Miami for use as a research facility; and (2) specified Army Reserve property in Racine, Wisconsin, to the city of Racine, Wisconsin, for use as a water and wastewater utility site. Makes appropriations for: (1) the Environmental Dispute Resolution Fund to carry out activities under the Environmental Policy and Conflict Resolution Act of 1997; (2) the Merit Systems Protection Board; (3) the National Archives and Records Administration, including amounts for repairs and restoration of archives and presidential libraries; (4) the National Historical Publications and Records Commission; (5) the Office of Government Ethics; (6) the Office of Personnel Management (OPM), including an amount for the Office of Inspector General; (7) Government contributions for health and life insurance benefits for annuitants; (8) the Civil Service Retirement and Disability Fund; (9) the Office of Special Counsel; and (10) the U.S. Tax Court. Sets forth authorized uses of, and limitations on, such funds. Title V: General Provisions - Sets forth authorized and prohibited uses of funds made available under this Act. (Sec. 511) Amends the Federal Election Campaign Act of 1971 to require the staff director and general counsel of the Federal Election Commission to be elected by at least four Commission members (currently, appointed by the Commission) and limits their terms to four consecutive years without reappointment. (Sec. 512) Provides for payment of attorney's fees, costs, and sanctions required to be made by the Federal Government in the case Association of American Physicians and Surgeons, Inc. v. Clinton from amounts made available for compensation of the President and the White House office. (Sec. 514) Prohibits funds appropriated by this Act from being available to pay for an abortion or for the administrative expenses of any Federal employee health plan which provides benefits for abortions. Makes such prohibition inapplicable if the mother's life would be endangered if the fetus were carried to term or in cases of rape or incest. (Sec. 516) Bars the expenditure of funds appropriated by this Act by OPM to enter into or renew any contract for a Federal employee health benefits plan which provides: (1) coverage for prescription drugs unless such plan also provides equivalent coverage for all prescription contraceptive drugs or devices approved by the Food and Drug Administration; or (2) benefits for outpatient services provided by a health care professional unless such plan also provides equivalent benefits for outpatient contraceptive services. Title VI: General Provisions - Sets forth authorized and prohibited uses of funds appropriated for Federal departments, agencies, and corporations. (Sec. 624) Requires the OMB Director to report to the Congress: (1) estimates of costs and benefits of Federal regulatory programs and of each rule likely to have a gross annual effect on the economy of $100 million or more in increased costs; (2) impacts of Federal rules on the private sector and all levels of government; and (3) recommendations for reform or elimination of inefficient regulatory programs. (Sec. 628) Provides that annual adjustments in rates of pay under the General Schedule shall not be considered to have taken effect in FY 1999 in the rates for the statutory pay systems for purposes of certain provisions of law amended by the Ethics Reform Act of 1989. (Sec. 631) Bars the use of funds made available for the Customs Service in this Act to allow the importation of any good produced or manufactured by forced or indentured child labor. (Sec. 637) Provides that, for purposes of provisions of law relating to tort liability, certain Federal law enforcement officers and special agents in the Diplomatic Security Service of the Department of State shall be construed to be acting within the scope of their office or employment if they take any action, including the use of force, that is determined to be necessary to: (1) protect an individual in such an officer's presence from a crime of violence; (2) provide immediate assistance to an individual who has suffered or who is threatened with bodily harm; or (3) prevent the escape of any individual who such an officer reasonably believes to have committed, in his or her presence, a crime of violence. (Sec. 639) Amends Federal law to require compensation at time-and-a-half per hour for any hours worked in excess of 106 during a biweekly pay period or 53 in an administrative workweek by Federal fire fighters. Sets forth pay provisions with respect to Federal fire fighters. Grants fire fighters subject to such pay provisions whose regular tours of duty average at least 60 hours or less per week and exclude a basic 40-hour workweek an increase in basic pay equal to two step-increases of the applicable General Schedule grade. Provides that such increase shall not be an equivalent increase in pay. (Sec. 640) Requires the Director of the Office of National Drug Control Policy to conduct a review of Federal efforts and submit to the appropriate congressional committees a plan to improve coordination among Federal agencies with responsibility to protect the borders against drug trafficking. (Sec. 641) Makes a minimum amount available to executive agencies for carrying out flexiplace work telecommuting programs. (Sec. 642) Revises Federal law to entitle a Senior Executive Service (SES) career appointee awarded the rank of Meritorious Executive to 20 percent of annual basic pay (currently, a lump-sum payment of $10,000). Grants appointees awarded the rank of Distinguished Executive 35 percent of annual basic pay (currently, a lump-sum payment of $20,000). (Sec. 643) Raises the fiscal year limit on the aggregate amount of performance awards for SES career appointees made by an agency. (Sec. 644) Requires the President to provide for alternative annual adjustments to Federal pay schedules where otherwise required adjustments are inappropriate because of a declared state of war or severe economic conditions (currently, because of national emergency or serious economic conditions affecting the general welfare). Considers severe economic conditions to exist if, during the 12-month period ending two calendar quarters before the date the adjustment is scheduled to take effect, there occur two consecutive quarters of negative growth in the Gross Domestic Product. Makes conforming amendments to provisions regarding authority to make alternative levels of comparability payments. Provides for a 3.1 percent increase in rates of basic pay for Federal employees for FY 1999. (Sec. 646) Revises Federal provisions regarding international postal arrangements to make the U.S. Trade Representative responsible for the formulation and oversight of foreign policy related to international postal and delivery services. Prohibits the U.S. Trade Representative from negotiating any international agreement that would grant an undue or unreasonable preference to the Postal Service, a private service provider, or other person with respect to any class of mail or type of mail service. Authorizes the Postal Service to enter into commercial and operational contracts relating to international postal services but bars the Postal Service from entering into a contract with a foreign government agency if it would grant an undue or unreasonable preference to the Postal Service with respect to any class of mail or type of service.
Resolution· HCONRESH.Con.Res. 293 (105th)referred
United States · United States Congress · 22 June 1998
Expresses the sense of the Congress that before adjourning sine die, the Congress should pass health care legislation that will: (1) improve the quality of managed health care plans; (2) provide for Federal enforcement of specified rights and responsibilities; and (3) ensure that doctors and patients, not health plan accountants, make medical decisions.
Bill· SS. 2196 (105th)referred
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.
Bill· HRH.R. 4093 (105th)referred
United States · United States Congress · 19 June 1998
Hospital Stay Protection Act - Amends the Public Health Service Act (PHSA) and the Employee Retirement Income Security Act of 1974 (ERISA) to require group health plans and individual health insurance coverage to establish hospital lengths of stay based on a determination by an appropriate physician in consultation with the patient. Amends the Health Insurance Portability and Accountability Act of 1996 to require related and coordinated regulations under PHSA, ERISA, and the Internal Revenue Code.
Bill· HRH.R. 4092 (105th)referred
United States · United States Congress · 19 June 1998
Investment in Women's Health Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to increase to $14.60 the payment for diagnostic or screening pap smear laboratory tests.
Bill· HRH.R. 4097 (105th)referred
United States · United States Congress · 19 June 1998
TABLE OF CONTENTS: Title I: Grants to States for Development of Employment Programs Title II: Grants to States for Implementation of Employment Programs Subtitle A: State Activities Subtitle B: Local Activities Subtitle C: Activities in Outlying Areas Subtitle D: General Provisions Title III: Federal Grants to Local Areas for Implementation of Employment Programs Title IV: Grants to Indian Tribes and Native Hawaiian Organizations for Employment Programs Title V: Community Development Venture Capital Title VI: Revenue Provisions Strategic Transitional Employment Program Act - Title I: Grants to States for Development of Employment Programs - Directs the Secretary of Labor to make grants to assist eligible States and outlying areas in developing strategic transitional employment programs that provide community employment, in local areas with identified communities. (Sec. 101) Defines outlying areas as the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. Sets the Federal share at two-thirds of such program development costs. (Sec. 104) Authorizes appropriations. Title II: Grants to States for Implementation of Employment Programs - Subtitle A: State Activities - Directs the Secretary to make allotments to assist eligible States in making grants to local areas, in order to implement employment programs in the States. (Sec. 201) Bases such State allotments on numbers of unemployed individuals and individuals in poverty. Sets the Federal share at two-thirds of such program implementation costs. (Sec. 202) Sets forth requirements for: (1) State plans, including priorities for selection of local areas with identifiable communities; and (2) State administration and reports. Subtitle B: Local Activities - Requires States receiving such allotments to use them to make grants to local areas. (Sec. 212) Sets forth requirements for local plans. (Sec. 213) Requires local areas to use such grant funds to implement employment programs that provide community employment with eligible employers to eligible individuals. Requires such community employment to be entry-level employment that the local chief elected official, after consultation with local organizations' representatives, determines to meet: (1) the skills and needs of eligible individuals in the identified communities in the local area; and (2) the needs of the local area for affordable housing, human services, infrastructure, environmental conservation or restoration, and small business development. Allows such community employment to include employment related to directory assistance services, recreational equipment design and construction, removal of lead paint or asbestos, renovation of schools and community centers, after-school and summer recreational programs, child care and home health care services, elder care, teacher aide services, construction and renovation of affordable housing, and community crime prevention. Authorizes the chief local official to elect to include in such community employment paid participation in training and education programs for up to ten hours per week per participant. Requires paid participation in structured job search activity, as part of such community employment, in accordance with standards specified by the chief elected official. Limits to 12 months the period of a participant's employment under the program. Authorizes the Secretary, upon request and justification by the chief local elected official, to waive such limit and allow participant employment for up to 12 additional months, for not more than 20 percent of program participants. Sets forth individual eligibility requirements. (Sec. 214) Sets forth program requirements with respect to: (1) employee wages and other benefits; (2) labor standards; (3) grievance procedures; and (4) information on worker rights. Prohibits use of program funds for business relocation and related activities, and for other specified activities. Prohibits requiring any individual to participate in an employment program under this title as a condition of receiving any benefit under any Federal or State law. (Sec. 215) Sets forth requirements for nondiscrimination, local administration, and local reports. Subtitle C: Activities in Outlying Areas - Directs the Secretary to reserve up to one-quarter of one percent of appropriations under this title to make grants to eligible outlying areas to implement employment programs. Subtitle D: General Provisions - Sets forth requirements for Federal monitoring, reports, and administration. (Sec. 234) Authorizes appropriations. Title III: Federal Grants to Local Areas for Implementation of Employment Programs - Directs the Secretary, if the funds allotted to a State under title II for a fiscal year are not distributed to the State for such fiscal year, to: (1) first use the funds for competitive, direct grants to local areas in the State for implementation of employment programs; and (2) reallot any remaining funds to remaining eligible States. Sets the Federal share at two-thirds of such program implementation costs. Title IV: Grants to Indian Tribes and Native Hawaiian Organizations for Employment Programs - Directs the Secretary to reserve up to three percent of appropriations, under certain provisions of titles I and II, to make grants to Indian tribes and Native Hawaiian organizations to develop and implement employment programs. Title V: Community Development Venture Capital - Authorizes the Administrator of the Small Business Administration to make grants to one or more intermediary organizations to develop the capacity of community development venture capital organizations. Sets forth requirements for use and allocation of such assistance, and for matching funds. (Sec. 501) Authorizes appropriations. Title VI: Revenue Provisions - Amends the Internal Revenue Code to declare that no trade or business expense deduction shall be allowed for excessive compensation to a full-time employee. (Sec. 602) Revises the definition of part F income (earnings and profits of a controlled foreign corporation) to eliminate foreign base company income (including certain export trade corporation income) and the deferral of any income to another taxable year.
Resolution· HRESH.Res. 481 (105th)referred
United States · United States Congress · 19 June 1998
Drug-Free Professional and Olympic Athlete Responsibility Resolution - Expresses the sense of the House of Representatives that: (1) all professional sports leagues and the International Olympic Committee should help reinforce the unacceptability and harmfulness of substance abuse by establishing clear guidelines and penalties regarding drug abuse; and (2) athletes who are using illegal drugs who do not identify the person who provided such drugs and successfully complete a drug treatment program should be suspended from play for a minimum of one year without pay.
Bill· HRH.R. 4088 (105th)referred
United States · United States Congress · 18 June 1998
Alaska Native and American Indian Direct Reimbursement Act of 1998 - Amends the Indian Health Care Improvement Act to make permanent the authority (currently provided under a demonstration program) for Indian tribes, tribal organizations, and Alaska Native health organizations that contract or compact for the operation of any health program of the Indian Health Service to directly bill for, and receive payment for, health care services provided by such health programs for which payment is made under Medicare or Medicaid or from any other third party payor. Provides that: (1) such an entity shall be eligible to participate if it certifies that it contracts or compacts for any part of the operations of a Service health program that is eligible to participate in the Medicare or Medicaid programs; and (2) entities participating in a demonstration program as in effect the day before enactment of this Act shall be deemed to have elected to participate and shall not be required to make such certification. Provides for: (1) the ongoing examination and implementation of necessary administrative changes to facilitate direct billing and reimbursement under the program; and (2) withdrawal from participation in the program.
Bill· SS. 2185 (105th)referred
United States · United States Congress · 17 June 1998
TABLE OF CONTENTS: Title I: The Children's Firearm Safety Act of 1998 Title II: The Children's Firearms Age Limit Act of 1998 Title III: The Children's Firearm Dealer's Responsibility Act of 1998 Title IV: The Children's Firearm Access Prevention Act of 1998 Title V: The Children's Firearm Injury Surveillance Act of 1998 Title VI: The Children's Firearm Education Act of 1998 Title VII: The Children's Firearm Tracking Act of 1998 Children's Gun Violence Prevention Act of 1998 - Title I: The Children's Firearm Safety Act of 1998 - Amends the Brady Handgun Violence Prevention Act to prohibit the manufacture or importation of an unsafe handgun. Defines "unsafe handgun" as any semiautomatic pistol which does not have a magazine safety disconnect that prevents the pistol from being fired once the magazine or clip is removed from the weapon and any handgun: (1) which the Secretary of the Treasury determines, when new, fires in any of five successive trials in which the handgun is dropped onto a solid slab of concrete from a height of one meter from each of several specified positions; (2) without a child resistant trigger mechanism reasonably designed to prevent a child who has attained age five from operating the weapon when it is ready to fire; and (3) sold without a mechanism reasonably designed, under rules determined by the Secretary, to prevent the discharge of the weapon by unauthorized users. Exempts the manufacture or importation by a licensed manufacturer or importer for use by a department or agency of the United States, a State, or a political subdivision thereof, or for purposes of testing or experimentation authorized by the Secretary. (Sec. 102) Directs the Consumer Product Safety Commission to study and report to the Congress on how handgun safety can be improved so as to prevent unauthorized use or discharge of firearms by children who have not attained age 18. Authorizes appropriations for FY 1999. Title II: The Children's Firearms Age Limit Act of 1998 - Prohibits the sale, delivery, or other transfer of a semiautomatic assault weapon to a person the transferor knows or has reasonable cause to believe is a juvenile. (Sec. 202) Increases the penalty for transferring a handgun or semiautomatic assault weapon to a juvenile for use in a crime of violence. Title III: The Children's Firearm Dealer's Responsibility Act of 1998 - Directs the Secretary, after notice and opportunity for hearing, to revoke the license of a dealer who willfully sells a firearm to a minor. (Sec. 302) Prohibits a licensed importer, manufacturer, or dealer, 30 days after the Attorney General notifies licensees that the national instant criminal background check system is established, from transferring a firearm to any unlicensed person without verifying the identity of a purchaser known or reasonably believed to be under age 24 by examining two valid photograph identification documents. (Sec. 303) Directs the Secretary to issue final regulations that establish minimum firearm safety and security standards that shall apply to dealers who are issued a license, which shall include minimum standards for: (1) a place of business in which a dealer covered by the regulations conducts business or stores firearms; (2) windows, the front door, storage rooms, containers, alarms, and specified other items of a place of business; and (3) the storage and handling of the firearms contained in such place of business. Authorizes the Secretary to enter the place of business of a licensed dealer: (1) under specified conditions, where there is reasonable cause to believe a violation has occurred, to examine records of the safety and security measures taken by the dealer to ensure compliance with such regulations; and (2) without such reasonable cause or warrant not more than once during any 12-month period to ensure compliance. Sets penalties for licensed dealers who knowingly fail to comply with any applicable regulation issued pursuant to this section. Title IV: The Children's Firearm Access Prevention Act of 1998 - Children's Firearm Access Prevention Act of 1998 - Prohibits and sets penalties for keeping a loaded firearm, or an unloaded firearm and ammunition for it, that has been shipped or transported in or otherwise substantially affects interstate or foreign commerce, on premises under the custody or control of a person who knows or reasonably should know that a juvenile is capable of gaining access to the firearm without the permission of a parent or legal guardian, if a juvenile obtains access to the firearm and thereby causes death or bodily injury or exhibits the firearm in a public place or in a school zone. Makes an exception if: (1) the juvenile obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of others; (2) the person uses a secure gun storage or safety device for the firearm; (3) the person is a peace officer, member of the Armed Forces or National Guard, and the juvenile obtains the firearm during or incidental to the performance of official duties in that capacity; or (4) the person has no reasonable expectation that a juvenile is likely to be present on the premises on which the firearm is kept. Requires the Secretary to ensure that a copy of such prohibition and penalties appears on the form required to be obtained by a licensed dealer from a prospective firearm purchaser. Title V: The Children's Firearm Injury Surveillance Act of 1998 - Children's Firearm Injury Surveillance Act of 1998 - Directs the Secretary of Health and Human Services to: (1) make grants to State and local departments of health and law enforcement agencies for establishing and maintaining children's firearm-related injury surveillance systems; and (2) carry out this title through the Director of the Centers for Disease Control and Prevention, who shall carry out this title through the Director of the National Center for Injury Prevention and Control (Director). Requires the Director to: (1) ensure that such grants are used to establish systems for gathering information regarding fatal and nonfatal firearm injuries involving children who have not attained age 21; and (2) give priority to States and communities in which firearm- related injuries for children are a significant public health problem. Authorizes appropriations for FY 1999 through 2003. Title VI: The Children's Firearm Education Act of 1998 - Children's Firearm Education Act of 1998 - Authorizes the Secretary of Education or State educational agencies (if the amount appropriated to carry out this title exceeds $50 million) to award grants to eligible local educational agencies for purposes of educating children about preventing gun violence. Sets forth provisions regarding: (1) a formula for allocating appropriated funds to the States; (2) minimum allotments; (3) required assurances regarding the use of allocated funds; (4) priorities in awarding grants; (6) peer review of grant applications; (7) eligible grant recipients; (8) State and local applications, and reporting requirements; (9) authorized activities; and (10) requirements that funds received supplement, not supplant, funds that would otherwise be available from non-Federal sources and that persons hired by a local educational agency receiving a grant award not displace persons already employed. Authorizes appropriations for FY 1999 through 2001. (Sec. 603) Directs the Secretary of Education to: (1) include on the Internet site of the Department of Education a description of programs that receive grants pursuant to this title; and (2) publicize the competitive grant program through its Internet site, publications, and public service announcements. (Sec. 605) Amends the Safe and Drug-Free Schools and Communities Act of 1994 to provide for timely counseling and: (1) evaluations of any student who possesses, or threatens to bring or use, a weapon on school grounds; and (2) advice to public school students, staff, and administrators after an incident of gun-related violence on school grounds. Title VII: The Children's Firearm Tracking Act of 1998 - Directs the Secretary of the Treasury to: (1) endeavor to expand the number of cities and counties directly participating in the Youth Crime Gun Interdiction Initiative (YCGII) to 75 cities or counties by October 1, 2000, 150 by October 1, 2002, and 250 by October 1, 2003; (2) select cities and counties for participation in YCGII in consultation with Federal, State, and local law enforcement officials; (3) utilize the information provided by YCGII to facilitate the identification and prosecution of individuals illegally trafficking firearms to persons under age 24; (4) share information derived from YCGII with State and local law enforcement agencies through on-line computer access as soon as such capability is available; and (5) award grants to States, cities, and counties for purposes of assisting in the tracing of firearms and participation in YCGII. Authorizes such grants to be used to: (1) hire or assign additional personnel for the gathering, submission, and analysis of tracing data submitted to the Bureau of Alcohol, Tobacco and Firearms under YCGII; (2) hire additional law enforcement personnel to identify and arrest individuals illegally trafficking firearms; and (3) purchase additional equipment, including automatic data processing equipment and computer software and hardware, for the timely submission and analysis of tracing data.
Bill· HRH.R. 4073 (105th)referred
United States · United States Congress · 17 June 1998
TABLE OF CONTENTS: Title I: The Children's Firearm Safety Act of 1998 Title II: The Children's Firearms Age Limit Act of 1998 Title III: The Children's Firearm Dealer's Responsibility Act of 1998 Title IV: The Children's Firearm Access Prevention Act of 1998 Title V: The Children's Firearm Injury Surveillance Act of 1998 Title VI: The Children's Firearm Education Act of 1998 Title VII: The Children's Firearm Tracking Act of 1998 Children's Gun Violence Prevention Act of 1998 - Title I: The Children's Firearm Safety Act of 1998 - Amends the Brady Handgun Violence Prevention Act to prohibit the manufacture or importation of an unsafe handgun. Defines "unsafe handgun" as any semiautomatic pistol which does not have a magazine safety disconnect that prevents the pistol from being fired once the magazine or clip is removed from the weapon and any handgun: (1) which the Secretary of the Treasury determines, when new, fires in any of five successive trials in which the handgun is dropped onto a solid slab of concrete from a height of one meter from each of several specified positions; (2) without a child resistant trigger mechanism reasonably designed to prevent a child who has attained age five from operating the weapon when it is ready to fire; and (3) sold without a mechanism reasonably designed, under rules determined by the Secretary, to prevent the discharge of the weapon by unauthorized users. Exempts the manufacture or importation by a licensed manufacturer or importer for use by a department or agency of the United States, a State, or a political subdivision thereof, or for purposes of testing or experimentation authorized by the Secretary. (Sec. 102) Directs the Consumer Product Safety Commission to study and report to the Congress on how handgun safety can be improved so as to prevent unauthorized use or discharge of firearms by children who have not attained age 18. Authorizes appropriations for FY 1999. Title II: The Children's Firearms Age Limit Act of 1998 - Prohibits the sale, delivery, or other transfer of a semiautomatic assault weapon to a person the transferor knows or has reasonable cause to believe is a juvenile. (Sec. 202) Increases the penalty for transferring a handgun or semiautomatic assault weapon to a juvenile for use in a crime of violence. Title III: The Children's Firearm Dealer's Responsibility Act of 1998 - Directs the Secretary, after notice and opportunity for hearing, to revoke the license of a dealer who willfully sells a firearm to a minor. (Sec. 302) Prohibits a licensed importer, manufacturer, or dealer, 30 days after the Attorney General notifies licensees that the national instant criminal background check system is established, from transferring a firearm to any unlicensed person without verifying the identity of a purchaser known or reasonably believed to be under age 24 by examining two valid photograph identification documents. (Sec. 303) Directs the Secretary to issue final regulations that establish minimum firearm safety and security standards that shall apply to dealers who are issued a license, which shall include minimum standards for: (1) a place of business in which a dealer covered by the regulations conducts business or stores firearms; (2) windows, the front door, storage rooms, containers, alarms, and specified other items of a place of business; and (3) the storage and handling of the firearms contained in such place of business. Authorizes the Secretary to enter the place of business of a licensed dealer: (1) under specified conditions, where there is reasonable cause to believe a violation has occurred, to examine records of the safety and security measures taken by the dealer to ensure compliance with such regulations; and (2) without such reasonable cause or warrant not more than once during any 12-month period to ensure compliance. Sets penalties for licensed dealers who knowingly fail to comply with any applicable regulation issued pursuant to this section. Title IV: The Children's Firearm Access Prevention Act of 1998 - Children's Firearm Access Prevention Act of 1998 - Prohibits and sets penalties for keeping a loaded firearm, or an unloaded firearm and ammunition for it, that has been shipped or transported in or otherwise substantially affects interstate or foreign commerce, on premises under the custody or control of a person who knows or reasonably should know that a juvenile is capable of gaining access to the firearm without the permission of a parent or legal guardian, if a juvenile obtains access to the firearm and thereby causes death or bodily injury or exhibits the firearm in a public place or in a school zone. Makes an exception if: (1) the juvenile obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of others; (2) the person uses a secure gun storage or safety device for the firearm; (3) the person is a peace officer, member of the Armed Forces or National Guard, and the juvenile obtains the firearm during or incidental to the performance of official duties in that capacity; or (4) the person has no reasonable expectation that a juvenile is likely to be present on the premises on which the firearm is kept. Requires the Secretary to ensure that a copy of such prohibition and penalties appears on the form required to be obtained by a licensed dealer from a prospective firearm purchaser. Title V: The Children's Firearm Injury Surveillance Act of 1998 - Children's Firearm Injury Surveillance Act of 1998 - Directs the Secretary of Health and Human Services to: (1) make grants to State and local departments of health and law enforcement agencies for establishing and maintaining children's firearm-related injury surveillance systems; and (2) carry out this title through the Director of the Centers for Disease Control and Prevention, who shall carry out this title through the Director of the National Center for Injury Prevention and Control (Director). Requires the Director to: (1) ensure that such grants are used to establish systems for gathering information regarding fatal and nonfatal firearm injuries involving children who have not attained age 21; and (2) give priority to States and communities in which firearm- related injuries for children are a significant public health problem. Authorizes appropriations for FY 1999 through 2003. Title VI: The Children's Firearm Education Act of 1998 - Children's Firearm Education Act of 1998 - Authorizes the Secretary of Education or State educational agencies (if the amount appropriated to carry out this title exceeds $50 million) to award grants to eligible local educational agencies for purposes of educating children about preventing gun violence. Sets forth provisions regarding: (1) a formula for allocating appropriated funds to the States; (2) minimum allotments; (3) required assurances regarding the use of allocated funds; (4) priorities in awarding grants; (6) peer review of grant applications; (7) eligible grant recipients; (8) State and local applications, and reporting requirements; (9) authorized activities; and (10) requirements that funds received supplement, not supplant, funds that would otherwise be available from non-Federal sources and that persons hired by a local educational agency receiving a grant award not displace persons already employed. Authorizes appropriations for FY 1999 through 2001. (Sec. 603) Directs the Secretary of Education to: (1) include on the Internet site of the Department of Education a description of programs that receive grants pursuant to this title; and (2) publicize the competitive grant program through its Internet site, publications, and public service announcements. (Sec. 605) Amends the Safe and Drug-Free Schools and Communities Act of 1994 to provide for timely counseling and: (1) evaluations of any student who possesses, or threatens to bring or use, a weapon on school grounds; and (2) advice to public school students, staff, and administrators after an incident of gun-related violence on school grounds. Title VII: The Children's Firearm Tracking Act of 1998 - Directs the Secretary of the Treasury to: (1) endeavor to expand the number of cities and counties directly participating in the Youth Crime Gun Interdiction Initiative (YCGII) to 75 cities or counties by October 1, 2000, 150 by October 1, 2002, and 250 by October 1, 2003; (2) select cities and counties for participation in YCGII in consultation with Federal, State, and local law enforcement officials; (3) utilize the information provided by YCGII to facilitate the identification and prosecution of individuals illegally trafficking firearms to persons under age 24; (4) share information derived from YCGII with State and local law enforcement agencies through on-line computer access as soon as such capability is available; and (5) award grants to States, cities, and counties for purposes of assisting in the tracing of firearms and participation in YCGII. Authorizes such grants to be used to: (1) hire or assign additional personnel for the gathering, submission, and analysis of tracing data submitted to the Bureau of Alcohol, Tobacco and Firearms under YCGII; (2) hire additional law enforcement personnel to identify and arrest individuals illegally trafficking firearms; and (3) purchase additional equipment, including automatic data processing equipment and computer software and hardware, for the timely submission and analysis of tracing data.
Bill· HRH.R. 4075 (105th)referred
United States · United States Congress · 17 June 1998
Skilled Nursing Facility Flexibility Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to change from discretionary to mandatory the authority of the Secretary of Health and Human Services to respond to requests of skilled nursing facilities for private accreditation under the Medicare program (thus requiring such response in the same manner as for other providers of services).
Bill· HJRESH.J.Res. 123 (105th)referred
United States · United States Congress · 17 June 1998
Disapproves the rule submitted by the Health Care Financing Administration, Department of Health and Human Services, on June 1, 1998, relating to surety bond requirements for home health agencies under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act.
Law· HRH.R. 4068 (105th)enacted
United States · United States Congress · 16 June 1998
Amends Federal law to authorize leases granted on lands held in trust for the Confederated Tribes of the Grand Ronde Community of Oregon and on the Cabazon Indian Reservation in California to be for terms of up to 99 years. Makes technical amendments to specified laws relating to Native Americans. Requires the Secretary of the Interior to extend the terms of specified Indian health care demonstration projects at the Oklahoma City and Tulsa clinics in Oklahoma through FY 2002. Amends the Indian Health Care Improvement Act to extend the authorization of appropriations for such projects through FY 2002. Amends the Coos, Lower Umpqua, and Siuslaw Restoration Act to direct the Secretary of the Interior to accept additional Oregon lands in trust for the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians for a reservation. Includes certain counties in Oregon in the service area of the Confederated Tribes of the Siletz Indians for purposes of determining eligibility for Federal assistance programs. Authorizes the Lower Sioux Indian Community in Minnesota to convey to a buyer, without further U.S. approval, all Community interest in specified real property in Redwood County, Minnesota. Amends the Cow Creek Band of Umpqua Tribe of Indians Recognition Act to require the Secretary of the Interior to accept title to any real property located in the Umpqua River watershed upstream from Scottsburg, Oregon, or the northern slope of the Rogue River watershed upstream from Agness, Oregon, if conveyed to the United States by the Cow Creek Band of Umpqua Tribe and to place such land in trust for the Tribe. Incorporates such land into the Tribe's reservation. Amends the Jicarilla Apache Tribe Water Rights Settlement Act to approve a specified transfer of water rights between the Jicarilla Apache Tribe and other parties. Amends the San Luis Rey Indian Water Rights Settlement Act to authorize and direct the Secretary of the Interior to disburse a specified amount of funds, from interest earned by the San Luis Rey Tribal Development Fund and prior to completion of the final settlement of the water rights dispute, for economic development of the La Jolla, Rincon, San Pasqual, Pauma, Pala Bands of Mission Indians in San Diego County, California. Amends the Native Hawaiian Health Care Improvement Act to revise conditions pertaining to Native Hawaiian health scholarships. Amends the Michigan Indian Land Claims Settlement Act to exempt all funds distributed under such Act from Federal or State income taxes.
Bill· HRH.R. 4065 (105th)referred
United States · United States Congress · 16 June 1998
E-Rate Tax Moratorium Act of 1998 - Directs the Federal Communications Commission (FCC) to suspend specified requirements under the Communications Act of 1934 (CA) for telecommunications carriers to contribute to support mechanisms to provide Internet services to schools, libraries, and certain health care providers. Prohibits any telecommunications carrier from including any charges for such contributions in any telephone service bill transmitted after 60 days after this Act's enactment. Prohibits requiring any telecommunications carrier to provide discounted rates for telecommunications services pursuant to such CA requirements, except to the extent such carrier is reimbursed from collections permitted to be distributed under this Act. Authorizes the FCC, or an FCC-designated administering entity, to distribute amounts collected before this Act's enactment (or collected as charges for contributions during the authorized period), to provide such Internet services to schools, libraries, and health care providers under CA and FCC regulations in effect before this Act's enactment.
Bill· HRH.R. 4046 (105th)referred
United States · United States Congress · 11 June 1998
Amends title XIX (Medicaid) of the Social Security Act to prohibit transfers or discharges of residents of nursing facilities as a result of a facility's voluntary withdrawal from participation in the Medicaid program as long as such residents resided in the facility before the withdrawal. Requires a withdrawn facility to provide appropriate notice to new residents who begin residence after the withdrawal that the facility: (1) is not participating in the Medicaid program with respect to that resident; and (2) may transfer or discharge the resident from the facility at such time as the resident is unable to pay the charges of the facility, even though the resident may have become eligible for Medicaid's nursing facility services.
Bill· SS. 2154 (105th)referred
United States · United States Congress · 10 June 1998
Silicone Breast Implant Research and Information Act - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to: (1) appoint an official of the Department of Health and Human Services to serve as the NIH coordinator regarding silicone breast implant research; (2) establish either a study section or special emphasis panel for NIH to review extramural silicone breast implant research grant applications to ensure research design and quality, as well as quality intramural research; and (3) conduct or support research to expand the understanding of the health implications of silicone breast implants. Directs the Commissioner of Food and Drugs to: (1) take specified steps to make updated information about the risks of silicone breast implant available to the public, via the toll-free Consumer Information Line and other means; (2) revise the breast implant information update to clarify the procedure for reporting implant problems; (3) require manufacturers to update implant package inserts and informed consent documents regularly with accurate information; and (4) require any manufacturer conducting an adjunct study on implants to take specified measures with respect to informed consent documents, including informing women on how to obtain a Medwatch form and encouraging women who withdraw from the study, or who would like to report a problem, to submit such a form. Establishes the President's Interagency Committee on Silicone Breast Implants to ensure strategic management, communication, and oversight of Federal policy formation, research, and activities regarding silicone breast implants. Authorizes appropriations.
Bill· SJRESS.J.Res. 50 (105th)referred
United States · United States Congress · 10 June 1998
Disapproves the rule submitted by the Health Care Financing Administration, Department of Health and Human Services, on June 1, 1998, relating to surety bond requirements for home health agencies under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act.
Bill· HRH.R. 4032 (105th)referred
United States · United States Congress · 10 June 1998
Anti-FCC Phone Tax Act of 1998 - Repeals provisions of the Communications Act of 1934 requiring telecommunication carriers to provide discounted telecommunication connections to schools, health care providers, and libraries.
Bill· HRH.R. 4028 (105th)referred
United States · United States Congress · 10 June 1998
Silicone Breast Implant Research and Information Act - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to: (1) appoint an official of the Department of Health and Human Services to serve as the NIH coordinator regarding silicone breast implant research; (2) establish either a study section or special emphasis panel for NIH to review extramural silicone breast implant research grant applications to ensure research design and quality, as well as quality intramural research; and (3) conduct or support research to expand the understanding of the health implications of silicone breast implants. Directs the Commissioner of Food and Drugs to: (1) take specified steps to make updated information about the risks of silicone breast implant available to the public, via the toll-free Consumer Information Line and other means; (2) revise the breast implant information update to clarify the procedure for reporting implant problems; (3) require manufacturers to update implant package inserts and informed consent documents regularly with accurate information; and (4) require any manufacturer conducting an adjunct study on implants to take specified measures with respect to informed consent documents, including informing women on how to obtain a Medwatch form and encouraging women who withdraw from the study, or who would like to report a problem, to submit such a form. Establishes the President's Interagency Committee on Silicone Breast Implants to ensure strategic management, communication, and oversight of Federal policy formation, research, and activities regarding silicone breast implants. Authorizes appropriations.
Bill· SS. 2150 (105th)referred
United States · United States Congress · 9 June 1998
National Bone Marrow Registry Reauthorization Act of 1998 - Amends the Public Health Service Act to: (1) declare that the purpose of the National Bone Marrow Registry is to increase the number of transplants for recipients suitably matched to biologically unrelated bone marrow donors; (2) revise the membership and tenure of the Registry's board of directors; and (3) revise the Registry's functions. Directs the Secretary of Health and Human Services to ensure that the Registry develops, evaluates and implements a plan to: (1) effectuate efficiencies in the relationship between the Registry and donor centers; and (2) incorporate the findings and recommendations of the Bone Marrow Program Inspection conducted as of January 1997 by the Office of the Inspector General. Requires the Registry to: (1) implement a bone marrow donors recruitment program to identify populations underrepresented among potential Registry donors; (2) establish an office of patient advocacy, which shall provide individualized case management services directly to the patient; and (3) report annually to the Secretary on pretransplant costs. Directs the Secretary (acting through the Registry) to establish a scientific registry of information relating to recipients of bone marrow transplants from a biologically unrelated donor. Authorizes appropriations. Directs the Comptroller General to study and report to the Congress on the Registry, covering specified questions, including the extent to which the Registry has increased the representation of racial and ethnic minority groups among potential donors.
Bill· HRH.R. 4024 (105th)referred
United States · United States Congress · 9 June 1998
Amends the Federal Food, Drug, and Cosmetic Act to mandate that the wholesale distributor of certain drugs provide to the recipient a statement that it was first purchased from or through an authorized distributor.
Resolution· HCONRESH.Con.Res. 289 (105th)referred
United States · United States Congress · 9 June 1998
Commemorates the creation of the National Institute of Dental Research, through the National Dental Research Act, and its significant national leadership role.
Bill· HRH.R. 3998 (105th)referred
United States · United States Congress · 5 June 1998
TABLE OF CONTENTS: Title I: Federal Payments to States Title II: Requirements for Comprehensive Health Plans Title III: Tax Deductibility of Health Insurance Title IV: Health Care for Working Families Title V: Financing Mechanisms American Health Security Partnership Act of 1998 - Title I: Federal Payments to States - Directs the Secretary of Health and Human Services to make payments to States with certain comprehensive health insurance plans to enable them to ensure that each individual has access to health insurance coverage at least equivalent to that provided to Members of Congress and Federal employees. (Sec. 102) Sets forth implementation guidelines. Precludes a State from receiving such funds if it adopts Medicaid eligibility standards more restrictive than those applied as of June 1, 1997. (Sec. 103) Appropriates specified amounts for FY 1999 through 2003 out of the tobacco settlement trust fund established by this Act. Title II: Requirements for Comprehensive Health Plans - Sets deadlines for submission and implementation of a State-administered comprehensive health insurance plan that conforms with specified requirements. (Sec. 203) Amends the Social Security Act to set a deadline by which a State must have in effect a certified comprehensive health insurance plan as a prerequisite to receiving Federal Medicaid payments. Title III: Tax Deductibility of Health Insurance - Amends the Internal Revenue Code to allow a deduction from adjusted gross income equal to 100 percent of the amount paid for insurance which constitutes medical care for the taxpayer, spouse, and dependents. Title IV: Health Care for Working Families - Amends the Fair Labor Standards Act of 1938 to mandate that each large employer offer its employees the opportunity to enroll in a health care plan that meets the requirements of the certified comprehensive health insurance plan set forth under this Act. (Sec. 401) Subjects such employers to civil money penalties for violations of this Act. (Sec. 402) Amends the Public Health Service Act to require any health insurance issuer offering health insurance coverage to an employer on behalf of the employees to ensure that such coverage complies with the certified comprehensive health insurance plan requirements set forth under this Act. Title V: Financing Mechanisms - Amends the Internal Revenue Code to increase the top income tax rate applicable to corporations from 35 percent to 36 percent. (Sec. 502) Establishes a tobacco settlement trust fund in the Treasury for the deposit of payments made to the Federal Government pursuant to legislation implementing a national tobacco settlement.
Bill· HRH.R. 4008 (105th)referred
United States · United States Congress · 5 June 1998
Amends the Public Health Service Act to permit a health insurance issuer to elect to apply the bona fide association exception to the guaranteed issue requirement separately for different groups of employers within the small group market for programs in existence before June 30, 1997, if such programs are based upon an employer's number of employees.
Bill· SS. 2132 (105th)open
United States · United States Congress · 4 June 1998
TABLE OF CONTENTS: Title I: Military Personnel Title II: Operation and Maintenance Title III: Procurement Title IV: Research, Development, Test and Evaluation Title V: Revolving and Management Funds Title VI: Other Department of Defense Programs Title VII: Related Agencies Title VIII: General Provisions Department of Defense Appropriations Act, 1999 - Title I: Military Personnel - Appropriates funds for FY 1999 for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force and for National Guard personnel in the Army and Air Force. Title II: Operation and Maintenance - Appropriates funds for FY 1999 for the operation and maintenance (O&M) of the Army, Navy, and Air Force (including a transfer of funds in each case), the Marine Corps, the defense agencies, the reserve components, and the Army and Air National Guards. Appropriates funds for: (1) overseas contingency operations (including a transfer of funds); (2) the U.S. Court of Appeals for the Armed Forces; (3) environmental restoration for the Army, Navy, Air Force, and defense-wide (including a transfer of funds in each case); (4) environmental restoration at former defense sites (including a transfer of funds); (5) overseas humanitarian, disaster, and civic aid; (6) nuclear threat reduction programs with respect to republics of the former Soviet Union; (7) quality of life enhancements, defense (including a transfer of funds); (8) renovation of the Pentagon (including a transfer of funds); and (9) morale, welfare, and recreation and personnel support for contingency deployments (including a transfer of funds). Title III: Procurement - Appropriates funds for FY 1999 for procurement by the armed forces and its reserve components of aircraft, missiles, weapons, tracked combat vehicles, ammunition, and shipbuilding and conversion and for other procurement. Appropriates funds for defense-wide procurement and for National Guard and reserve equipment. Title IV: Research, Development, Test and Evaluation - Appropriates funds for FY 1999 for research, development, test and evaluation by the armed forces and defense agencies. Appropriates funds for the Directors of Test and Evaluation and Operational Test and Evaluation. Title V: Revolving and Management Funds - Appropriates funds for: (1) the defense working capital funds (including a transfer of funds); and (2) programs under the National Defense Sealift Fund. Title VI: Other Department of Defense Program s - Appropriates funds for: (1) the Department of Defense (DOD) medical and health care programs; (2) the destruction of lethal chemical agents and munitions; (3) drug interdiction and counter-drug activities, defense (including a transfer of funds); and (4) expenses and activities of the Office of Inspector General in carrying out the Inspector General Act of 1978. Title VII: Related Agencies - Appropriates funds for: (1) the Central Intelligence Agency Retirement and Disability System Fund; (2) expenses of the Intelligence Community Management Account; (3) authorized payments to the Kaho'olawe Island Conveyance, Remediation, and Environmental Restoration Fund; and (4) national security scholarships, fellowships, and grants (using funds derived from the National Security Education Trust Fund). Title VIII: General Provisions - Specifies authorized, restricted, and prohibited uses of appropriated funds. (Sec. 8008) Authorizes procurement funds appropriated under this Act to be used for multiyear procurement contracts for E-2C aircraft, the Longbow Hellfire missile, and medium tactical vehicle replacement. (Sec. 8010) Prohibits during FY 1999 the management by end strengths of DOD civilian personnel. (Sec. 8019) Authorizes the Secretary of Defense (Secretary) to establish with host governments of NATO-member countries an account for the deposit of residual value amounts negotiated in the return of U.S. military installations to such countries. (Sec. 8031) Authorizes DOD to incur up to $350 million in obligations for DOD personnel compensation, military construction projects, and supplies and services in anticipation of receipts of contributions from the Government of Kuwait. (Sec. 8032) Earmarks funds from this Act for the Civil Air Patrol. (Sec. 8033) Prohibits the use of funds from this Act to establish a new DOD federally funded research and development center (FFRDC). Limits the Federal compensation to be paid to DOD FFRDC members or consultants. Prohibits the use of FY 1999 DOD FFRDC funds for new building construction, cost-sharing payments for projects funded by Government grants, absorption of cost overruns, or certain charitable contributions. Limits the staff years of technical effort that may be funded for DOD FFRDCs from FY 1999 funds. Directs the Secretary to report to the defense committees concerning such staff year allocations. (Sec. 8040) Directs the President to include within each fiscal year budget the amounts requested for administrative activities of DOD, the military departments, and the defense agencies. (Sec. 8046) Prohibits the use of funds: (1) for the modification of an aircraft, weapon, ship, or other equipment that the military department concerned plans to retire or otherwise dispose of within five years after completion of the modification; (2) by a DOD entity without compliance with the Buy American Act; (3) for assistance to the Democratic People's Republic of Korea unless specifically appropriated for such purpose; (4) to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 1997, level; and (5) to transport chemical munitions to the Johnston Atoll for storage or demilitarization (with an exception and an authorized wartime waiver by the President). (Sec. 8049) Earmarks funds appropriated under this Act for the mitigation of adverse environmental impacts on Indian lands resulting from DOD activities. (Sec. 8056) Authorizes DOD to lease real and personal property at the Adak Naval Air Facility, Alaska. (Sec. 8057) Rescinds specified funds from various accounts under prior defense appropriations Acts. (Sec. 8064) Prohibits the transfer to any other department or agency, except as specifically provided in an appropriations law, of funds available to DOD or the Central Intelligence Agency in any fiscal year for drug interdiction and counter-drug activities. (Sec. 8071) Directs the Secretary to report quarterly to specified congressional committees setting forth all costs incurred by DOD in implementing or supporting United Nations (UN) Security Council resolutions. (Sec. 8072) Prohibits FY 1998 DOD funds from being obligated or expended to transfer to another nation or international organization defense articles or services for use in any UN peacekeeping or peace enforcement operation, or for any other international peacekeeping, peace enforcement, or humanitarian assistance operation, unless specified congressional committees are given 15 days' advance notice. (Sec. 8073) Directs the Secretary, to the extent authorized by law, to issue loan guarantees in support of U.S. defense exports not otherwise provided for, with a contingent liability limit of $15 billion. Requires quarterly reports to specified congressional committees on such loan guarantees. (Sec. 8078) Authorizes the use of DOD O&M funds in support of U.S. missions and with eligible organizations and activities outside of DOD. (Sec. 8081) Directs the Secretary, upon the enactment of this Act, to make specified transfers between various DOD accounts. (Sec. 8082) Directs the Under Secretary of Defense (Comptroller) to report to the defense committees identifying separately any activity for which the fiscal year 2000 budget request was reduced because the Congress appropriated funds above the President's request for that activity for FY 1999. (Sec. 8084) Authorizes the Secretary to waive reimbursement of certain educational costs of the Asia-Pacific Center for Security Studies for military officers and civilian officials of foreign countries if determined to be in the national security interest. (Sec. 8086) Appropriates during FY 1998 amounts necessary for the O&M of Fisher houses. (Sec. 8090) Directs DOD to submit to the defense committees a budget justification document for the active and reserve military personnel accounts which identifies the amounts requested by the President to be appropriated to DOD for military personnel in any budget request for FY 2000. (Sec. 8093) Requires each budget request submitted by the President for FY 2000 and thereafter to separately identify all costs incurred by DOD to support NATO expansion. (Sec. 8094) Authorizes the Secretary, on a case-by-case basis, to waive limitations on the procurement of defense items from a foreign country if: (1) the Secretary determines that such limitation would invalidate cooperative programs or reciprocal trade agreements for the procurement of defense items; and (2) such country does not discriminate against the same or similar defense items produced in the United States for that country. Provides exceptions. (Sec. 8097) Reduces by $150 million the total amount appropriated for O&M under this Act to reflect savings from consolidations and personnel reductions mandated under the Defense Reform Initiative. (Sec. 8098) Reduces by $400.6 million the total amount appropriated in this Act to reflect savings from revised economic assumptions, to be allocated among various DOD accounts. (Sec. 8100) Authorizes the Secretary of the Navy to transfer naval vessels on a sale or combined sale-lease basis (in accordance with a specified amendment to be proposed to S. 2057 as filed in the Senate). Establishes in the Treasury the Defense Vessels Transfer Program Account for paying costs associated with vessel transfers. (Sec. 8101) Enacts into law specified amendments to the National Defense Authorization Act for Fiscal Year 1999 which limit: (1) the Secretary's waiver authority with respect to maintaining certain cash balances in DOD working capital funds; and (2) the National Defense Stockpile disposal authority of the President.
Bill· HRH.R. 3997 (105th)referred
United States · United States Congress · 4 June 1998
Medicare Consumer Bill of Rights Conforming Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to require a Medicare+Choice organization that requires or provides for an enrollee to designate a participating primary care provider to permit such an individual to designate a participating physician who specializes in obstetrics and gynecology as the individual's primary care provider. Declares that, if such an individual has not designated such a provider as a primary care provider, the organization: (1) may not require authorization or 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 health care professional who specializes in obstetrics and gynecology to the extent such care is otherwise covered. Authorizes the organization to treat the ordering of other gynecological care by such a participating physician as the authorization of the primary care provider with respect to such care under the Medicare+Choice plan. Requires a Medicare+Choice organization to permit an enrollee undergoing a course of treatment from a health care provider when the contract between organization and provider is terminated to continue or be covered with respect to the course of treatment with the provider during a specified transitional period.
Bill· HRH.R. 3980 (105th)open
United States · United States Congress · 3 June 1998
Persian Gulf War Veterans Health Care and Research Act of 1998 - Authorizes priority hospital care, medical services, and nursing home care for any illness for veterans who served on active duty: (1) in a theater of combat operations during a period of war after the Vietnam era; or (2) in combat against a hostile force after the date of enactment of this Act. Allows such priority notwithstanding that there is insufficient medical evidence to conclude that such condition is attributable to such service. Extends through December 31, 2001, the authority for the provision of such services to other Persian Gulf War veterans. Authorizes priority service for a period of five years after discharge or release. Requires a report from the Secretary of Veterans Affairs to the Congress on the experiences under the priority care. Directs the Secretary to establish in the Veterans Health Administration (VHA) of the Department of Veterans Affairs a National Center for the Study of War-Related Illnesses to promote the clinical, research, and educational activities of the VHA with respect to war- related illnesses, including medically unexplained illnesses. Directs the Secretary to contract with the National Academy of Sciences (NAS) for the review of a methodology which could be used by the Department to determine the efficacy of treatments furnished to, and health outcomes of, Persian Gulf War veterans who have been treated for illnesses which may be associated with their service. Requires an implementation report from the Secretary to the congressional veterans' committees. Authorizes the Secretaries of Veterans Affairs and Defense to contract with NAS to develop a curriculum pertaining to the care and treatment of Persian Gulf War veterans who have ill-defined or undiagnosed illnesses for use in the continuing medical education of both general and specialty physicians providing care to such veterans. Amends the Persian Gulf War Veterans' Health Status Act to direct Federal department or agency heads designated by the President to establish within their respective departments an advisory committee to advise on proposed research studies, plans, or strategies relating to the health consequences of military service in the Persian Gulf theater of operations. Requires: (1) related reports; and (2) the public availability of all research findings.
Bill· HRH.R. 3989 (105th)referred
United States · United States Congress · 3 June 1998
TABLE OF CONTENTS: Title I: Food and Drug Administration Fees Part A: User Fees Part B: General Provisions Title II: Medicare Administrative Fees Title III: Miscellaneous User Fees User Fee Act of 1998 - Title I: Food and Drug Administration Fees - Part A: User Fees - Directs the Secretary of Health and Human Services to establish fees to cover activities of the Food and Drug Administration (FDA) in connection with: (1) petitions and notifications for food additives, food contact substances, and color additives; (2) applications for approval of generic drugs; (3) applications for approval of animal drugs; (4) applications for approval of medical devices; (5) the review of import inspections and export certificates for drugs, devices, and food subject to regulation under the Federal Food, Drug, and Cosmetic Act; and (6) regulating entities subject to FDA oversight. Part B: General Provisions - Set forth provisions concerning, among other things: (1) fee amounts and availability; (2) assessment, publication, and reduction or waiver of fees; and (3) with respect to such fees, the FDA agency plan and reporting requirements. Title II: Medicare Administrative Fees - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary to impose, to the extent provided in appropriations Acts, fees for initial Medicare+Choice contracts and annual fees for renewal of such contracts and monitoring of the ongoing operations of Medicare+Choice organizations. (Sec. 201) Directs the Secretary to establish fee amounts annually, which shall not exceed reasonably estimated costs. Allows the Secretary to provide for reduction or waiver of such fees in exceptional circumstances in the public interest. Requires such fees to be credited to the Health Care Financing Administration Program Management Account. (Sec. 202) Amends SSA title XVIII part D (Miscellaneous Provisions) to repeal the prohibition against the imposition of fees for conducting certification surveys. Requires imposition of such fees, except upon entities subject to the Clinical Laboratory Improvement Amendments of 1998. Prohibits an entity from including such a fee as an allowable item on a cost report under SSA title XVIII or XIX (Medicaid). (Sec. 203) Directs the Secretary to establish a procedure for initial and periodic renewal of registration of individuals and entities that furnish items or services for which Medicare payment may be made and that are not otherwise subject to Medicare provisions for such procedures. Requires the Secretary, to the extent provided in appropriations Acts, to impose: (1) fees for initial agreements with service providers, and initial registrations of other entities and individuals that furnish items or services for which Medicare payment may be made; and (2) annual fees to cover the costs of renewals of agreements and registrations of such individuals and entities. Sets forth fee-related assessment limitations, crediting requirements, and cost-reporting restrictions similar to those for the other fees required by this title. (Sec. 204) Outlines requirements for new mandatory fees for review, audit, and cost settlement activities under the Medicare Integrity Program, to be credited to the Health Care Fraud and Abuse Control Account. (Sec. 205) Subjects certain claims to a $1 processing fee, including claims which duplicate another claim submitted by the same individual or entity, and claims which are not submitted electronically. Allows the waiver of fees in the latter case where compelling circumstances exist. Sets forth guidelines for the collection, crediting, and availability of such fees similar to the guidelines for initial Medicare+Choice contract and renewal fees. Title III: Miscellaneous User Fees - Amends the Department of Agriculture Reorganization Act to authorize the Secretary of Agriculture to collect fees to cover costs of providing services under specified agricultural laws. (Sec. 302) Requires the Secretary of Commerce to collect fees for the provision of navigation assistance and fisheries management and enforcement services. Limits a fisheries management fee to one percent of the ex-vessel value of harvested fish with respect to which the fee is collected. (Sec. 304) Amends Federal law to increase patent fees (including maintenance fees), except fees for the filing of provisional applications for original patents. (Sec. 305) Authorizes appropriations to the International Trade Administration, to be derived from fees collected for the provision of export promotion services. (Sec. 306) Amends the Omnibus Budget Reconciliation Act of 1993 to increase claim maintenance fees to be paid by holders of unpatented mining claims, mills, or tunnel sites for FY 1999 and subsequent years. Increases and permanently extends location fees for such claims. Makes fees available for mining law administration program operations. (Sec. 307) Amends the Immigration and Nationality Act to require the Secretary of Labor, beginning in FY 2000, to impose fees for the filing of applications for labor certifications, employer attestations, or similar petitions required for programs relating to the provision to an alien of immigrant or nonimmigrant employment-based status. (Sec. 308) Directs the Secretary of Transportation to collect fees for the provision of navigation assistance services. (Sec. 309) Amends Federal law to require the Surface Transportation Board to prescribe a schedule of user fees for carriers subject to the Board's jurisdiction. (Sec. 310) Requires the Secretary of the Army to collect fees from applicants for permits for the discharge of dredged or fill material into navigable waters under the Federal Water Pollution Control Act for: (1) evaluation of permit applications; (2) preparation of environmental impact statements in connection with permit issuance; and (3) delineation of wetlands for major developments affecting wetlands. Establishes the Army Civil Works Regulatory Program Account in the Treasury into which such fees shall be deposited. Makes the Account available to the Secretary for costs incurred in administering laws pertaining to regulation of U.S. navigable waters. (Sec. 311) Establishes in the Treasury a radiological emergency preparedness fund for offsite radiological emergency planning, preparedness, and response. Requires the Director of the Federal Emergency Management Agency to collect fees from persons subject to radiological emergency preparedness regulations, to be deposited in such fund. (Sec. 312) Directs the Chairman of the National Transportation Safety Board to collect fees from air carriers to cover partial costs of aviation accident investigations. Caps such fees at $6 million per fiscal year. (Sec. 313) Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act to authorize fees to be assessed on persons rendering services in connection with claims for benefits where their service fees are fixed or approved by the Commissioner of Social Security or determined by a court. Authorizes appropriations for administrative expenses in carrying out such title and related laws from amounts credited to a special Treasury account from such assessments. Applies service fee provisions to title XVI (Supplemental Security Income) of the Social Security Act as well. (Sec. 314) Amends Federal law to extend provisions for railroad carrier user fees through FY 2003. (Sec. 315) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to authorize an increased maximum ad valorem rate adjustment for certain customs merchandise processing. Makes fees collected in excess of the established .21 percent ad valorem to be available for expenses incurred by the Secretary of the Treasury for the National Customs Automation Program. (Sec. 316) Amends the Federal Insecticide, Fungicide, and Rodenticide Act to authorize the Administrator of the Environmental Protection Agency to levy fees upon applicants for pesticide registration, amendments to registration, and experimental use permits to cover costs associated with application review. Provides for waivers or reductions of fees under specified circumstances. (Sec. 317) Authorizes the Administrator to assess fees from persons required to submit certain test data under the Toxic Substances Control Act without regard to dollar limitations specified in such Act. (Sec. 318) Amends the Omnibus Reconciliation Act of 1990 to extend the Nuclear Regulatory Commission's authority to assess certain user fees and annual charges through FY 2003. (Sec. 319) Amends the Federal Deposit Insurance Act (FDIA) to require the Federal Deposit Insurance Corporation to assess fees for examinations against insured depository institutions. Amends the Federal Reserve Act (FRA) to require (currently, authorize) fees to be assessed against banks examined (other than those examined by State authorities) upon order of the Board of Governors of the Federal Reserve System (Federal Reserve Board). Amends the FDIA to reduce annual regular examination fees imposed on any State depository institution under the FDIA, FRA, or the Home Owners' Loan Act to reflect that the supervision of the institution by a State bank supervisor has reduced the need for Federal supervision. Bars the imposition of such fees on institutions with assets of less than $100 million. Directs the Federal Reserve Board to report to the Congress on: (1) total costs incurred by the Board during the preceding year attributable to examinations of bank holding companies; and (2) total amounts assessed against, and paid by, such holding companies for examinations. (Sec. 319) Extends through FY 2005 National Park Service (NPS) authority under the recreational fee demonstration program. Makes such authority available for all NPS units, except that no recreational admission fee may be charged at Great Smoky Mountains National Park and Lincoln Home National Historic Site. Requires a report from the Secretary of the Interior to specified congressional committees on the program's status. (Sec. 320) Repeals the Concessions Policy Act of 1965. Directs the Secretary of the Interior to authorize, under specified conditions, private persons, corporations, or other entities to provide and operate such facilities and services as the Secretary deems necessary and appropriate in the National Park System. Authorizes the Secretary, upon request and under specified criteria, to allow such entities to provide services to park visitors through a commercial use authorization. Requires the provision of such services to have minimal impact on park resources and values and to be consistent with park purposes. Provides a two-year term limit for the provision of such services. Requires a concession contract to be awarded to the person submitting the best proposal through a competitive selection process to be established by the Secretary. Allows the award of a temporary contract to avoid interruption of services. Requires the Secretary to publish a notice of availability for a prospectus soliciting proposals for contracts for concessions at a park specifying minimum contract requirements and contract terms and conditions. Requires congressional notification of any proposed contract with anticipated annual gross receipts exceeding $5 million or of a duration of ten or more years. Prohibits the Secretary from granting a preferential right to a concessioner to: (1) renew concession contracts under this section, with exceptions; or (2) provide new or additional services at a park. Allows preferential rights of renewal to be granted for certain outfitting and guide contracts and certain contracts with annual gross receipts of under $500,000. Sets forth criteria for determining franchise fees, including fees for multiple concession contracts within a park. Requires all fees to be covered into a special Treasury account established for reallocation to National Park System units for resource management and protection, maintenance activities, interpretation, and research. Directs the Inspector General of the Department of the Interior to conduct biennial audits of concession fees. Establishes a maximum: (1) ten-year duration for a concessions contract, provided that the Secretary may award a contract for up to 20 years if determined necessary; and (2) two-year duration for a temporary contract. Requires the approval of the Secretary before a concession contract can be transferred, assigned, sold, or conveyed and sets forth conditions that preclude such conveyance. Grants possessory interest to concessioners who have commenced acquisition or construction of any structure on Federal land within a park before the enactment of this Act. Places conditions on a concessioner's rates and charges to the public. Directs the Secretary to: (1) periodically evaluate the performance of each concessioner under contract; and (2) terminate a contract if a concessioner fails, within the prescribed time, to meet minimum requirements identified in a notice of unsatisfactory performance. Grants the Comptroller General, until the expiration of five calendar years after the close of the business year for each concessioner, access to and the right to examine any pertinent books, documents, papers, and records of the concessioner related to contracts. Exempts contracts awarded by the Secretary under this section from certain provisions of Federal law relating to the leasing of U.S. buildings and properties. Authorizes appropriations. (Sec. 321) Amends Federal law to authorize the use of the Airport and Airway Trust Fund for costs incurred by the Federal Aviation Administration (FAA) after FY 1999. Requires fees to be assessed for FAA services obtained outside the United States.
Bill· HRH.R. 3988 (105th)referred
United States · United States Congress · 3 June 1998
Medicare+Choice Mental Health Coverage Access Assurance Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act with regard to the Medicare+Choice program to provide for inclusion of: (1) any attempt or threat to inflict injury to self in the definition of emergency medical condition; (2) mental health in the coordination of post-stabilization care of an enrollee; (3) information on hospitalization, outpatient, and drug coverage available for treatment of mental illness and addiction disorder under the original Medicare fee-for-service program option; and (4) mental illness treatment services and expenditures in information on utilization restrictions. Requires a Medicare+Choice organization offering a Medicare+Choice plan to provide access to appropriate mental health (as well as physical health) providers, including credentialed specialists, for medically necessary treatment and services, including inpatient psychiatric hospital services.
Bill· SS. 2114 (105th)referred
United States · United States Congress · 22 May 1998
TABLE OF CONTENTS: Title I: Violence Against Women Act of 1994 Title II: Family Violence Prevention and Services Act Title III: Older Americans Act of 1965 Title IV: Public Health Service Act Title V: Financial Exploitation of Older Individuals Older Women's Protection From Violence Act of 1998 - Title I: Violence Against Women Act of 1994 - Amends the Violence Against Women Act of 1994 to direct the Attorney General to: (1) make grants to law school clinical programs to fund the inclusion of cases addressing issues of elder abuse, neglect, and exploitation, including domestic violence, and sexual assault against older individuals; and (2) develop curricula and provide for the offering of training programs regarding such issues for law enforcement officers, prosecutors, and relevant Federal, State, and local court officials. Authorizes appropriations. Title II: Family Violence Prevention and Services Act - Amends the Family Violence Prevention and Services Act to include elder domestic abuse and adult protective services within its ambit of services, grants, and demonstration grants for community initiatives. (Sec. 205) Instructs the Secretary of Health and Human Services to request the Institute of Medicine of the National Academy of Sciences, in collaboration with the Family Violence Prevention Fund, to study (for a report to the Congress on) the adequacy of training for health professionals with respect to the detection and referral of victims of family violence. Title III: Older Americans Act of 1965 - Amends the Older Americans Act of 1965 to direct the Assistant Secretary of Health and Human Services for Aging to consider the importance of research about the sexual assault of older women when establishing research priorities for grants or contracts for research and demonstration projects on elder abuse. (Sec. 303) Authorizes appropriations without fiscal year limitation for grants to implement a State long-term care ombudsman program. (Sec. 304) Directs the Assistant Secretary, when making grants and contracts, to give special consideration to projects designed to: (1) expand access to domestic violence shelters and programs for older individuals and encourage the use of certain facilities as emergency short-term shelters; and (2) promote research on legal, organizational, or training impediments to providing services to older individuals through shelters and programs. (Sec. 305) Authorizes appropriations without fiscal year limitation for the ombudsman program and for the elder abuse prevention program. (Sec. 306) Directs the Secretary to make grants to: (1) nonprofit private or tribal organizations to support projects in local communities to coordinate activities for intervention in and prevention of elder abuse, including domestic violence and sexual assault; and (2) develop outreach programs for assisting victims of elder abuse, including some for assisting individuals in certain senior housing facilities. Authorizes appropriations. (Sec. 307) Directs the Assistant Secretary to update and improve curricula and implement continuing education training programs for certain providers of health care and social services to improve their ability to recognize and address elder abuse situations. Title IV: Public Health Service Act - Amends the Public Health Service Act to authorize training requirements for area health education center programs to include training in domestic violence and elder abuse screening and treatment. Permits the use of certain grant funds for such training in geriatric education centers for health professionals. Requires geriatric training programs for physicians and dentists to include screening for elder abuse and domestic abuse. Title V: Financial Exploitation of Older Individuals - Instructs the Secretary to study and report to the Congress on the nature and extent of financial exploitation of older individuals.
Bill· SS. 2115 (105th)referred
United States · United States Congress · 22 May 1998
Department of Veterans Affairs Primary Care Providers Incentive Act of 1998 - Directs the Secretary of Veterans Affairs, as part of the Department of Veterans Affairs Educational Assistance Program (EAP), to carry out a scholarship program for Department employees enrolled in a field of education or training in the health professions. Requires participating employees to be employed for at least two years and to demonstrate financial need. Requires scholarship priority to be given to: (1) applicants pursuing a field relating to the provision of primary health care services; and (2) applicants employed at Department health-care facilities in rural areas or at which there is an inadequate supply of qualified health-care personnel. Requires an agreement between the Secretary and the participant under which the scholarship is provided in return for the agreement to serve as a full-time employee in the Department's Veterans Health Administration (VHA) for one year for each year in which the scholarship is provided, but for not less than two years. Prohibits individual scholarship payments from exceeding $10,000 in any one year and from continuing for more than three years. Allows up to a six-year period for part-time students. Sets forth provisions concerning: (1) Federal employee status of participants; (2) determination of the service commencement date; and (3) liability for breach of the service agreement. Prohibits the Secretary from furnishing such scholarships after December 31, 2001. Authorizes the Secretary to carry out as part of the EAP a program to be known as the Department of Veterans Affairs Primary Care Workers Education Debt Reduction Program under which financial assistance shall be provided to personnel serving in health-care positions in the VHA to reduce the debt incurred in completing programs of education or training for such service. Directs the Secretary to give priority preference under such Program to: (1) individuals recently appointed in fields relating to primary care health services; (2) individuals recently appointed in fields in which the recruitment or retention of an adequate supply of qualified health-care personnel is difficult; and (3) any other individuals serving in either of such fields. Defines "recently appointed" as appointed within six months. Allows such payments only if the individual maintains an acceptable level of performance during the payment period. Provides maximum payment amounts of $6,000, $8,000, and $10,000 for the first, second, and third years, respectively. Prohibits any such payments after December 31, 2001. Repeals a provision of the Veterans Health Care Act of 1992 which prohibits payments of tuition loans on behalf of VHA employees. Directs the Secretary to notify Department employees of the benefits available under both the Scholarship and Debt Reduction Programs.
Bill· HRH.R. 3948 (105th)referred
United States · United States Congress · 22 May 1998
Entitles to veterans' disability compensation a veteran whose disease or injury is attributable in whole or part to the use of tobacco products. Authorizes an additional $1 billion for FY 1999 for the Department of Veterans Affairs.
Bill· SS. 2110 (105th)referred
United States · United States Congress · 21 May 1998
TABLE OF CONTENTS: Title I: Strengthening Law Enforcement to Reduce Violence Against Women Title II: Strengthening Services to Victims of Violence Title III: Limiting the Effects of Violence on Children Title IV: Strengthening Education and Training to Combat Violence Against Women Title V: Extension of Violent Crime Reduction Trust Fund Violence Against Women Act II - Title I: Strengthening Law Enforcement to Reduce Violence Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to eligible States, Indian tribal governments, or local governmental units to provide technical assistance and computer and other equipment to police departments, prosecutors, and courts to facilitate the widespread, including interstate, enforcement of protection orders. Instructs the Attorney General to give priority to grant applicants that: (1) have established cooperative agreements with neighboring jurisdictions to facilitate the enforcement of protection orders from other jurisdictions; and (2) will use the grant to develop and install data collection and communication systems linking police, prosecutors, and the courts in order to identify and track protection orders and violations of such orders. (Sec. 101) Directs the Attorney General to compile and disseminate information about successful data collection and communication systems. Amends Federal criminal code provisions governing full faith and credit given to protection orders to provide that such provisions shall not be construed to: (1) require prior filing or registration of such orders in the enforcing State as a prerequisite to enforcement by such State; or (2) permit a State to notify the party against whom the order has been made that a protection order has been registered or filed in that State. Includes custody and visitation provisions in protection orders within the purview of Federal criminal law governing domestic violence and stalking. (Sec. 102) Amends such Act to designate State, local, and Indian tribal courts as eligible grantees in the program to combat violent crimes against women. Revises allocation percentages for police and prosecutors, victim services, and State and local courts (not less than 25 percent, 30 percent, and ten percent, respectively). Amends the Equal Justice for Women in the Courts Act to expand training that may be provided under domestic violence training grants to include training with respect to issues concerning individuals with disabilities. Authorizes appropriations from the Violent Crime Reduction Trust Fund for FY 1999 through 2002. Includes State, local, and tribal courts among the grantees eligible for Federal grants to encourage arrest policies. Earmarks a minimum of five percent of the total amount available for grants each fiscal year for grants to Indian tribal governments. (Sec. 103) Reauthorizes appropriations for FY 1999 through 2002 for grants to combat violent crimes against women. Directs the Attorney General to make grants to State domestic violence and sexual assault coalitions for coordinating State victim services activities and for coordinating with Federal, State and local entities engaged in violence against women activities. (Sec. 104) Instructs the Attorney General to transfer flunitrazepam (the "date-rape" drug) from schedule IV of the Controlled Substances Act to schedule I (the strictest level of Federal drug penalty and control). (Sec. 105) Reauthorizes appropriations for FY 1999 through 2002 for grants to encourage arrest policies. (Sec. 106) Authorizes the Attorney General to make grants to institutions of higher education for use by campus personnel and student organizations and nonprofit nongovernmental victim services programs to assist campus administrators and campus security personnel to develop and strengthen: (1) effective security and investigation strategies to combat violent crimes against women on campuses; and (2) services to victims of such crimes. Sets forth provisions regarding application requirements and certifications, grant disbursement, the Federal cost share, nonmonetary assistance, and regulations. Authorizes appropriations for FY 1999 through 2002. (Sec. 107) Amends the Federal criminal code to provide that any person who, while employed by or accompanying the armed forces outside of the United States, engages in conduct that would constitute a domestic violence or sexual assault offense if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, shall be subject to prosecution in a U.S. district court. Sets forth provisions regarding concurrent jurisdiction and priority of exercise of jurisdiction. Authorizes the Secretary of Defense to designate and authorize any individual serving in a law enforcement position in the Department of Defense to arrest such a person outside of the United States if there is probable cause to believe that such person committed such an offense. Provides for the release of such arrested persons to civilian law enforcement authorities in specified circumstances. Provides for delivery of such persons to the appropriate authorities of a foreign country if: (1) delivery is requested for trial for such conduct as an offense under the laws of that country; and (2) delivery is authorized by a treaty or other international agreement to which the United States is a party. Requires the Secretary of the military department concerned to transmit to the Director of the Federal Bureau of Investigation a copy of records of any penal actions taken, including certain nonjudicial punishments imposed, against a member of the armed forces who is discharged, dismissed, or released from active duty. (Sec. 108) Prohibits and sets penalties for willfully causing bodily injury to any person or attempting, through the use of fire, a firearm, or an explosive device, to cause bodily injury to any person, whether or not acting under color of law, because of: (1) the actual or perceived race, color, religion, or national origin of any person; or (2) the actual or perceived religion, gender, sexual orientation, or disability of any person if, in connection with the offense, the defendant or the victim travels in interstate or foreign commerce, uses a facility or instrumentality of interstate or foreign commerce, or engages in any activity affecting interstate or foreign commerce, or the offense is in or affects such commerce. Authorizes appropriations to the Departments of the Treasury and of Justice for FY 1998 through 2000 to increase the number of personnel to prevent and respond to such alleged violations. Directs the United States Sentencing Commission to study and, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements for adult defendants who recruit juveniles to assist in the commission of hate crimes. Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice to make grants to State and local programs designed to combat hate crimes committed by juveniles. Authorizes appropriations. (Sec. 109) Amends the Violence Against Women Act of 1994 to reauthorize for FY 1999 through 2002: (1) rural domestic violence and child abuse enforcement grants (and allots not less than five percent of the total made available for each fiscal year for grants to Indian tribal governments); and (2) national stalker and domestic violence reduction grants. (Sec. 111) Modifies Federal criminal code provisions regarding interstate domestic violence, interstate stalking, and interstate violation of a protective order to cover situations where persons travel in interstate or foreign commerce or to or from Indian country. Title II: Strengthening Services to Victims of Violence - Directs the Attorney General to make grants to public and private nonprofit entities: (1) to establish and expand cooperative efforts and projects between domestic violence victim advocacy organizations and civil legal assistance providers to strengthen civil legal assistance for victims of domestic violence; and (2) to establish and expand efforts and projects to strengthen such assistance by organizations with a demonstrated history of responsive direct legal or advocacy services on behalf of such victims. (Sec. 201) Requires the Attorney General, through contracts, grants, or other arrangements, to establish and operate a network of attorneys and lay advocates to provide legal assistance and other guidance to victims of domestic violence and sexual assault. Authorizes appropriations. (Sec. 202) Amends the Family Violence Prevention and Services Act with respect to State demonstration grants for programs and projects to prevent family violence and provide immediate shelter and related assistance to victims. Requires grant applicants to provide documentation, including memoranda of understanding, of the specific involvement of the State domestic violence coalition and other knowledgeable individuals and interested organizations, in the development of the application. Earmarks funds to provide emergency assistance directly to victims of family violence, or their dependents, who are in the process of fleeing an abusive situation. Changes from a formula amount to $500,000 the minimum allotment to each State for such grants. Requires the Secretary of Health and Human Services to make grants to Indian tribes and organizations from any sums not distributed to them. Authorizes the Secretary to award grants to private nonprofit organizations for information, training, and technical assistance initiatives in specified subject areas. Authorizes appropriations under such Act through 2002. Revises the formula for the allocation of appropriations for grants for State coalitions. Directs the Secretary to conduct a nationwide needs assessment relating to family violence prevention and services programs. Authorizes the Secretary to award grants to up to ten State domestic violence coalitions, and up to ten local entities that carry out domestic violence programs providing shelter or related assistance, to develop and implement model community intervention strategies to address family violence in underserved populations. Prescribes formulae for the redistribution of funds available due to certain limitations. (Sec. 203) Prohibits any insurer from, directly or indirectly, taking any adverse action against: (1) an innocent insured; or (2) an applicant or insured on the basis that the applicant or insured, or any person employed by the applicant or insured or with whom the applicant or insured is known to have a relationship or association is, has been, or may be the subject of abuse. Defines an innocent insured as a subject of abuse insured under the same policy as the abuser, but who is not (in light of all the facts and circumstances) the cause of any claim incurred or that may incur. Requires any insurer taking an adverse action against a known subject of abuse to advise the applicant or insured in writing of the specific reasons for the action. Empowers the Federal Trade Commission (FTC) to enforce such prohibitions and policy. Provides for a private action against an insurer by an applicant or insured affected by a violation of this Act. (Sec. 204) Amends the Family Violence Prevention and Services Act to extend through FY 2002 the authorization of appropriations for the national domestic violence hotline. (Sec. 205) Amends the Violent Crime Control and Law Enforcement Act of 1994 to extend through FY 2002 and increase the authorization of appropriations for Federal victims' counselors. (Sec. 206) Amends the Family and Medical Leave Act of 1993 to entitles employees to leave: (1) to address domestic violence and its effects; or (2) to care for a child or parent of the employee who is addressing domestic violence and its effects. Authorizes an employer to require an employee to provide documentation or other corroborating evidence. Amends Federal civil service law to entitle Federal employees to take such leave, subject to the same requirements. (Sec. 207) Amends the Internal Revenue Code to authorize unemployment compensation where an individual is separated from employment due to circumstances directly resulting from the individual's experience of domestic violence. Amends the Social Security Act to require State laws to provide for methods of administration that will ensure that claims reviewers and hearing personnel are adequately trained in the nature and dynamics of claims for unemployment compensation based on domestic violence, including methods of ascertaining and keeping information confidential. (Sec. 208) Amends the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1998, the Immigration and Nationality Act, the Omnibus Crime Control and Safe Streets Act of 1968, and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 with respect to aliens who have been battered or subjected to extreme cruelty to provide for: (1) legal assistance; and (2) waiver of certain immigration requirements. (Sec. 209) Amends the Violence Against Women Act of 1994 to add a new Subtitle H (Elder Abuse, Neglect, and Exploitation, Including Domestic Violence and Sexual Assault Against Older Individuals). Directs the Attorney General to: (1) make grants to law school clinical programs for the purposes of funding the inclusion of cases addressing issues of elder abuse, neglect, and exploitation, including domestic violence, and sexual assault, against older individuals; and (2) develop curricula and offer, or provide for the offering of, training programs to assist law enforcement officers and prosecutors in recognizing, addressing, investigating, and prosecuting instances of such abuse, neglect, and exploitation. Authorizes appropriations. Amends the Family Violence Prevention and Services Act and the Older Americans Act of 1965 with respect to programs addressing such issues, including related training for health professionals. Amends the Older Americans Act of 1965 to authorize appropriations for programs and activities for the prevention of elder abuse, neglect, and exploitation. Requires the Secretary to make grants to: (1) support projects in local communities to coordinate activities concerning intervention in and prevention of elder abuse, neglect, and exploitation, including domestic violence, and sexual assault, against older individuals; and (2) develop and implement outreach programs directed toward assisting older individuals who are victims of elder abuse, neglect, and exploitation, including those in senior housing complexes and senior centers. Authorizes appropriations. Amends the Public Health Service Act to require the Secretary to give preference in the award of certain grants and contracts to any health professions educational entity that requires, as a condition of receiving a degree or certificate, that each student have had significant training in the identification and referral of victims of elder abuse and neglect. Title III: Limiting the Effects of Violence on Children - Authorizes the Attorney General to make grants to States and Indian tribal governments to enable them to enter into contracts and cooperative agreements to assist public or private nonprofit entities in establishing and operating supervised visitation centers for purposes of facilitating supervised visitation and visitation exchange of children by and between parents. Requires that priority be given to States that consider domestic violence in making a custody decision and require findings on the record. (Sec. 302) Directs the Attorney General to study and report to Congress on Federal and State laws relating to child custody, including the Parental Kidnaping Prevention Act of 1980, and their effect on child custody cases in which domestic violence is a factor. Requires such study to examine the sufficiency of defenses to parental abduction charges available in cases involving domestic violence, and the burdens and risks encountered by victims of domestic violence arising from compliance with the full faith and credit (and judicial jurisdiction) requirements of that Act. Authorizes appropriations. (Sec. 303) Amends the Runaway and Homeless Youth Act to authorize appropriations for grants through FY 2002. Directs the Secretary to compile annually and disseminate, especially to community-based programs (including domestic violence and sexual assault programs), specified information about the use of amounts expended and the projects funded under such Act. (Sec. 304) Amends the Victims of Child Abuse Act of 1990 to authorize appropriations through FY 2002 for: (1) the court-appointed special advocate program; (2) child abuse training programs for judicial personnel and practitioners; and (3) grants for televised testimony. Directs the Attorney General to compile annually and disseminate, especially to community-based programs (including domestic violence and sexual assault programs), specified information about the use of amounts expended and the projects funded under such Act. Title IV: Strengthening Education and Training to Combat Violence Against Women - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, in awarding grants or contracts for health professions and nurse education, to give preference to a relevant health professions entity that requires, as a condition of receiving a degree or certificate, that a student has had significant training in the identification, examination, treatment, and referral of victims of domestic violence. (Sec. 401) Defines relevant health professions entity as a school of medicine, a school of osteopathic medicine, a graduate program in mental health practice, a school of nursing, a program for the training of physician assistants, or a program for the training of allied health professionals. (Sec. 402) Authorizes the Attorney General to make grants for the development and dissemination of model programs to provide education and training in appropriate and effective responses to victims of domestic violence and victims of sexual assault (including, as appropriate, the effects of domestic violence on children) to individuals (other than law enforcement officers and prosecutors) who are likely to come into contact with such victims during the course of their employment. Limits such grants to public and private nonprofit entities that have: (1) nationally recognized expertise in the areas of domestic violence and sexual assault; and (2) a record of commitment and quality responses to reduce domestic violence and sexual assault. Authorizes appropriations. (Sec. 403) Requires States to use certain transferred funds for rape prevention and education programs conducted by rape crisis centers, State sexual assault coalitions, and other public and private nonprofit entities for: (1) educational seminars; (2) hotlines; (3) training programs for professionals; (4) the preparation of informational material; (5) education and training programs for students and campus personnel designed to reduce the incidence of sexual assault at colleges and universities; and (6) other efforts to increase awareness of, or to help prevent, sexual assault, including efforts to increase awareness in underserved communities and awareness among individuals with disabilities. Requires at least 25 percent of grant funds are used for educational programs targeted for middle school, junior high, and high school students. Directs the Secretary, through the National Center for Injury Prevention and Control at the Centers for Disease Control and Prevention, to establish a National Resource Center on Sexual Assault (with a central resource library) to provide resource information, policy, training, and technical assistance to Federal, State, and Indian tribal agencies, as well as to State sexual assault coalitions and local sexual assault programs and to other professionals and interested parties on issues relating to sexual assault. Authorizes appropriations. (Sec. 404) Directs the Secretary to provide grants to individuals or organizations to carry out educational programs for elementary schools, middle schools, secondary schools, or institutions of higher education with respect to information regarding, and prevention of, domestic violence and violence among intimate partners. Authorizes appropriations. (Sec. 405) Directs the Attorney General to make grants to States and nongovernmental private entities to provide education and technical assistance for the purpose of providing training, consultation, and information on violence, abuse, and sexual assault against women who are individuals with disabilities. Authorizes appropriations. (Sec. 406) Amends the Family Violence Prevention and Services Act to make groups that provide services to or advocate on behalf of individuals with disabilities eligible for demonstration grants for community initiatives. Authorizes appropriations for such grants. (Sec. 407) Directs the Attorney General to establish a multidisciplinary, multiagency national commission to: (1) evaluate standards of training and practice for licensed health care professionals performing sexual assault forensic examinations, and develop a national recommended training standard; (2) recommend minimum sexual assault forensic examination training for all health care students; (3) review national, State, and local protocols on sexual assault for forensic examinations, and develop a recommended national protocol and a mechanism for nationwide dissemination; and (4) study and evaluate State procedures for payment of forensic examinations for victims of sexual assault, and establish a recommended Federal protocol for such payment. Authorizes appropriations. (Sec. 408) Authorizes the Attorney General to make a grant to a private, nonprofit entity meeting certain requirements to establish a national clearinghouse and resource center to provide information and assistance to employers and labor organizations on appropriate workplace responses to domestic violence and sexual assault. Authorizes appropriations. (Sec. 409) Amends the Violence Against Women Act of 1994 to direct the Secretary to make grants to entities, including domestic violence and sexual assault organizations, research organizations, and academic institutions, to: (1) support specified research and evaluation of education, prevention, and intervention programs on violent behavior against women; and (2) address gaps in research and knowledge about violence against women, including violence against women in underserved communities. Directs the U.S. Sentencing Commission to report to Congress on: (1) Federal and State sentences for homicides or assaults in which the victim was a spouse, former spouse, or intimate partner of the offender; (2) the effect of illicit drugs and alcohol on domestic violence and the sentences imposed for offenses involving them in which domestic violence occurred; (3) the extent to which acts of domestic violence committed against the offender, including coercion, may have contributed to the commission of an offense; (4) an analysis delineated by race, gender, type of offense, and any other categories that would be useful for understanding the problem of domestic violence; and (5) recommendations with respect to all such offenses, including any basis for a downward adjustment in any applicable Federal sentencing guidelines determination. Directs the Secretary to make grants to nonprofit entities, including sexual assault organizations, research organizations, and academic institutions, in order to gather qualitative and quantitative data on the experiences of minors and adults who become pregnant as a result of sexual assault within State health care, judicial, and social services systems. Requires the Attorney General to study and report to the Congress on the status of the law with respect to rape and sexual assault offenses and the effectiveness of the implementation of laws in addressing such crimes and protecting their victims. Authorizes appropriations. Title V: Extension of Violent Crime Reduction Trust Fund - Amends the Violent Crime Control and Law Enforcement Act of 1994 to authorize appropriations to the Violent Crime Reduction Trust Fund through FY 2002. (Sec. 501) Reduces discretionary spending limits for FY 2001 and 2002 in the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) by specified offsetting amounts.
Bill· HRH.R. 3940 (105th)referred
United States · United States Congress · 21 May 1998
Medicare Critical Need GME Protection Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to provide for full payment to hospitals for costs of direct graduate medical education of residents for training in what the Secretary of Health and Human Services designates as a critical need specialty or subspecialty training program. States that such training shall be treated as part of the initial residency period, but shall not be counted against any limitation on the initial residency period.
Bill· HRH.R. 3938 (105th)referred
United States · United States Congress · 21 May 1998
Terminally Ill Access to Treatment Act of 1998 - Directs the Secretary of Health and Human Services to approve for treating the terminally ill drugs and devices that have not received Food and Drug Administration (FDA) final approval and have not been shown to be unsafe. Declares that it is not illegal for a health care practitioner to administer a drug or device approved under this Act if the practitioner has notified the patient that the drug or device is experimental and not FDA-approved, and has received written approval from the patient or the patient's representative. Requires: (1) a practitioner to stop treatment and report to the Secretary if a drug or device causes acute harm; and (2) the Secretary to give public notice of an approved drug's or device's benefits or harm.
Bill· HRH.R. 3925 (105th)referred
United States · United States Congress · 21 May 1998
Prescription Drug Price Monitoring Commission Act of 1998 - Establishes the Prescription Drug Price Monitoring Commission which shall conduct specified studies concerning U.S. pharmaceutical prices, including the establishment of a pharmaceutical products price review board. Terminates the Commission on a specified date. Directs the Secretary of Health and Human Services to study and report on Federal subsidies and incentives provided to the pharmaceutical industry. Amends title XIX (Medicaid) of the Social Security Act to require drug manufacturers participating in the Medicaid rebate program to report within a certain time after the end of each calendar year (currently, after each rebate period) on the average price at which the manufacturer sold each covered outpatient drug in Canada, Australia, Mexico, and the European Union countries.
Bill· HRH.R. 3937 (105th)referred
United States · United States Congress · 21 May 1998
Christopher Sercye Emergency Hospital Care Zone Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to bar hospital prohibitions on emergency department (ER) personnel treating emergency cases in the immediate vicinity of the emergency room entrance, if the individual to be examined and treated is not sufficiently mobile to get to such entrance without assistance and if: (1) there are no non-hospital paramedics or emergency medical technicians available at that time and place for such examination and treatment; and (2) the provision of such assistance by ER personnel would not reasonably endanger their lives or health to a greater extent than if the examination and assistance were provided in the ER.
Bill· SS. 2101 (105th)referred
United States · United States Congress · 20 May 1998
TABLE OF CONTENTS: Title I: Research on Lupus Title II: Delivery of Services Regarding Lupus Lupus Research and Care Amendments of 1998 - Title I: Research on Lupus - Amends the Public Health Service Act to require the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases to expand and intensify research and related activities of the Institute with respect to lupus. Requires the Director to: (1) coordinate such activities with similar activities conducted by other national research institutes and agencies of the National Institutes of Health; and (2) conduct or support research to expand the understanding of the causes of, and to find a cure for, lupus, including research to determine the reasons underlying the elevated prevalence of the disease among African-American and other women. Authorizes appropriations. Title II: Delivery of Services Regarding Lupus - Mandates grants for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with lupus and their families. Regulates fees imposed by grantees on service recipients. Authorizes technical assistance. Authorizes appropriations.
Bill· HRH.R. 3914 (105th)referred
United States · United States Congress · 20 May 1998
Amends title XVIII (Medicare) of the Social Security Act to provide for the continuation of Medicare direct graduate medical education payment rates for certain training programs in osteopathy after their operation is assumed by another hospital. Limits application of this special rule to a medical residency training program in osteopathy operated by a hospital where: (1) the program was previously operated by an osteopathic hospital that in FY 1993 ceased furnishing services for which payment may be made; (2) at the time the osteopathic hospital ceased furnishing such services, the operation of the program was assumed by the hospital; and (3) at the time of assuming such operation, the only approved medical residency training program operated by the hospital was a program in podiatry.
Bill· SS. 2091 (105th)referred
United States · United States Congress · 19 May 1998
TABLE OF CONTENTS: Title I: Medicare Coverage of Certain Ambulance Services Title II: State Emergency Medical Services Agency Participation in Certain Federal Programs Title III: Federal Commission for Emergency Ambulance Services Title IV: Study and Report Regarding Consolidation of Federal Authority Over Emergency Medical Services Emergency Medical Services Efficiency Act of 1998 - Title I: Medicare Coverage of Certain Ambulance Services - Amends title XVIII (Medicare) of the Social Security Act to ensure Medicare reimbursement for ambulance services rendered as a result of the sudden onset of a medical condition manifested by symptoms believed to be serious but whose ultimate diagnosis results in the conclusion that the ambulance services were not necessary. Title II: State Emergency Medical Services Agency Participation in Certain Federal Programs - Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to include State emergency medical services agencies among the entities eligible for financial assistance with regard to telemedicine and distance learning services in rural areas. Amends the Balanced Budget Act of 1997 to allow a State emergency medical services agency to participate in the Informatics, Telemedicine, and Education Demonstration Project as part of an eligible health care provider telemedicine network (consortium). Title III: Federal Commission for Emergency Ambulance Services - Establishes the Federal Commission for Emergency Ambulance Services to study and report to the President and the Congress on all matters relating to emergency ambulance services, including any existing or proposed Federal department or agency rules that impact such services, together with recommendations for improving such matters. Title IV: Study and Report Regarding Consolidation of Federal Authority Over Emergency Medical Services - Directs the Comptroller General of the United States to study and report to the President and the Congress on the consolidation of Federal authority over emergency medical services in a single Federal agency, together with appropriate recommendations.
Bill· HRH.R. 3900 (105th)referred
United States · United States Congress · 19 May 1998
TABLE OF CONTENTS: Title I: Restrictions on Use and Disclosure Title II: Individuals Rights Title III: Enforcement Title IV: General Provisions Consumer Health and Research Technology (CHART) Protection Act - Title: Restrictions on Use and Disclosure - Sets forth the following prohibitions (and stated exceptions) with respect to individually identifiable health information: (1) disclosure in absence of, or inconsistent with, authorization; (2) failure to provide for reasonable protections against prohibited disclosures; (3) failure to implement written compliance policies; (4) failure to enter into written agreement with business associates respecting compliance; (5) noncomplying research disclosures; (6) use of anonymized information; (7) disclosure in a civil or criminal proceeding; (8) sale or commercial publication; and (9) fraud or misrepresentation. (Sec. 102) Sets forth use and disclosure rules for: (1) anonymized information; (2) civil and criminal proceedings; (3) archival research; and (4) general authorization of information disclosure. Title II: Individuals' Rights - Requires, with exceptions, an health organization, insurer, employer, or school to permit an individual or designee to inspect and copy his or her individually identifiable health information, subject to other laws limiting or prohibiting such disclosure. Sets forth disclosure conditions, including confidentiality practices. Title III: Enforcement - Sets forth criminal penalties for obtaining, using, or disclosing individually identifiable health information in violation of this Act. (Sec. 302) Provides an aggrieved individual with a private right of civil action. (Sec. 303) Amends the Social Security Act to exclude an individual or entity from participation in Federal and State health care programs for failure to comply with this Act. Amends Federal law to exclude a provider from participation in the Federal employees health benefits program for failure to comply with this Act. Title IV: General Provisions - Directs the National Committee on Vital and Health Statistics to promulgate standards for electronic disclosure of individually identifiable health information. (Sec. 402) Authorizes an individual's legal representative to act on his or her behalf under this Act. (Sec. 403) Sets forth the relationship of this Act to: (1) general State and Federal law; (2) clinical research and medical privacy; and (3) certain Federal agencies. (Sec. 406) Defines specified terms.
Bill· HRH.R. 3897 (105th)referred
United States · United States Congress · 19 May 1998
Urban Asthma Reduction Act of 1998 - Amends the Public Health Service Act to permit preventive health and health services block grant use for systems to reduce asthma and related illnesses (especially among children) through urban cockroach management.
Resolution· SCONRESS.Con.Res. 97 (105th)referred
United States · United States Congress · 18 May 1998
Condemns: (1) the continued human rights violations by all parties and factions in Afghanistan; (2) targeted discrimination against women and girls; and (3) the use of rape or other forms of systematic gender discrimination by any party or faction in Afghanistan as an instrument of war. Calls on all Afghan parties to: (1) respect international norms and standards of human rights; (2) end gender-based discrimination and deprivation of women's human rights; and (3) ensure the effective participation of women in civil, political, and social life throughout the country, the right of women and girls to an education without discrimination, respect for the right of women to physical security, that those responsible for physical attacks on women are brought to justice, respect for freedom of movement of women, and effective access for women to health care and equal access to health facilities. Supports the work of nongovernmental organizations advocating respect for human rights in Afghanistan and an improvement in the status of women and their access to humanitarian and development assistance and programs. Calls on the international community to provide adequate humanitarian assistance to the people of Afghanistan and Afghan refugees in neighboring countries pending their voluntary repatriation. Requests all Afghan parties to lift the restrictions imposed on international aid and to cease any action which may prevent or impede the delivery of humanitarian assistance. Welcomes the appointment of Ambassador Lakhdar Brahimi as special envoy of the United Nations Secretary General for Afghanistan. Encourages U.N. efforts to produce a durable peace in Afghanistan consistent with the goal of a broad-based national government respectful of human rights. Calls on all warring parties and factions to participate with Ambassador Brahimi in an intra-Afghan dialogue regarding the peace process. Expresses the sense of the Congress that the President and the Secretary of State should: (1) work with the U.N. High Commissioner of Refugees to guarantee the safety of, and provide development assistance for, Afghan women's groups in Pakistan and Afghanistan, to increase support for refugee programs in Pakistan providing assistance to Afghan women and children, and to explore options for the resettlement in western countries of Afghan women who fear for their safety or their families' safety; (2) establish an Afghanistan Women's Initiative based on the Bosnian Women's Initiative and the Rwandan Women's Initiative; (3) make a policy determination that recognition of any government in Afghanistan by the U.S. depends on the human rights policies toward women, that the U.S. should not recognize any government which systematically maltreats women, and that any nonemergency economic or development assistance will be based on respect for human rights; (4) call for the creation of a commission to establish an international record of the criminal culpability of any individual or party in Afghanistan employing rape or other crime against humanity considered a grave breach of the Geneva Convention as an instrument of war; and (5) call for the creation by the UN of an ad hoc international criminal tribunal for the purposes of indicting, prosecuting, and imprisoning any individual responsible for crimes against humanity in Afghanistan. Requires submission of a report by the Secretary to the Congress regarding actions that have been taken to implement this resolution.
Bill· HRH.R. 3868 (105th)referred
United States · United States Congress · 14 May 1998
TABLE OF CONTENTS: Title I: Price Increase to Discourage Child Tobacco Use Title II: FDA Jurisdiction Over Tobacco Products Title III: Performance Objectives to Reduce Child Tobacco Use Title IV: Smoke-Free Environments Title V: Tobacco Prevention Initiatives Title VI: International Tobacco Control Title VII: Tobacco Accountability Board Title VIII: Payments to States Subtitle A: Resolution of State Actions Subtitle B: State Grants Title IX: Definitions Bipartisan NO Tobacco for Kids Act of 1998 - Title I: Price Increase to Discourage Child Tobacco Use - Requires that the funds raised by this title be used to reduce the public debt, except as provided in titles V and VIII. (Sec. 102) Requires each tobacco manufacturer (defining manufacturer, for this Act, to include importers) to make initial ($10 billion allocated by the manufacturer's share of units manufactured or imported) and annual (50 cents per unit manufactured or imported) payments. Excludes exports. (Sec. 103) Provides for injunctions and civil monetary penalties for failure to comply with regulations under this title. Title II: FDA Jurisdiction Over Tobacco Products - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to add nicotine in tobacco products to the definition of "drug" and add tobacco products to the definition of "device." (Sec. 203) Declares a tobacco product misbranded if it does not comply with section 205 requirements. Amends restricted device provisions to authorize the Secretary of Health and Human Services, if the Secretary determines that there cannot otherwise be reasonable assurances of safety and effectiveness, to require tobacco advertising and promotion restrictions. Prohibits State and local requirements of warnings on labels and in advertising if this Act requires a warning. (Sec. 204) Requires that all provisions of specified existing tobacco regulations be considered lawful and lawfully promulgated under the FDCA. (Sec. 205) Deems, for tobacco products, an action providing appropriate protection of public health to provide a reasonable assurance of safety and effectiveness. Mandates regulations, conforming to specified provisions of the Proposed Resolution between manufacturers and State attorneys general on June 20, 1997: (1) restricting tobacco marketing, advertising, and access (but prohibits restrictions on marketing or advertising that would violate the First Amendment to the Constitution); (2) requiring warnings on cigarette and smokeless tobacco labeling and advertisements; and (3) regarding tobacco product ingredients. Makes it unlawful to advertise tobacco on any electronic medium subject to the jurisdiction of the Federal Communications Commission. Prohibits considering the Secretary of Health and Human Services' failure to approve or disapprove an ingredient's safety within the review period to be approval. Prohibits a manufacturer from stating or implying in labeling or advertising that a product has a reduced health risk unless the Secretary has so determined. Prohibits a State from receiving a grant under subtitle B of title VIII of this Act unless the State has put into law a tobacco control program conforming to the model State program established by the Secretary. Mandates establishment of that model program, including in its requirements State retail licensure, a prohibition of tobacco purchase for resale or distribution to individuals under 18, compliance inspection conduct and frequency, State performance objectives, and violations penalties. Requires, if a State fails to implement a conforming program or fails to achieve the performance objectives, that the Secretary withhold up to 20 percent of the grant to the State under subtitle B of title VIII of this Act. Mandates a Federal retail licensing program for retailers on Federal property, retailers in a State without an effective program conforming to the model program, and others as specified by the Secretary. Authorizes the Secretary to order a State-licensed retailer in violation of this Act to suspend or cease tobacco sales. Treats Indian tribes and tribal organizations as a State regarding retailers operating on Indian reservations. (Sec. 206) Adds violation of any FDCA tobacco requirement to the list of FDCA prohibited acts. Authorizes the Secretary to disclose tobacco information to the public if the Secretary determines it appropriate to protect public health. (Sec. 207) Repeals the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986. Title III: Performance Objectives to Reduce Child Tobacco Use - Mandates an annual survey regarding the percentage of children using each manufacturer's tobacco product. (Sec. 302) Requires each manufacturer to have a performance objective of reducing its child tobacco use by specified percentages. Requires, if the reductions are not met, price increases and, for subsequent consecutive year failures, sales by carton minimum and packaging in black on a white background. (Sec. 306) Makes failure to comply with this title's requirements an FDCA prohibited act. (Sec. 307) Requires that the annual survey determine the use level for children of different racial and ethnic backgrounds. Mandates, if use is increasing (or not decreasing at a proportionate rate) among children of a racial or ethnic background, recommendations to the Congress regarding reducing the level for those children. Title IV: Smoke-Free Environments - Requires the responsible entity for each public facility (any building in which activities substantially affecting interstate commerce occur, subject to exceptions for locations such as residential buildings, on-sale alcoholic beverage establishments, and prisons) to implement a smoke-free environment policy meeting specified requirements. Allows smoking areas meeting certain requirements. (Sec. 402) Authorizes an action to enforce this title (by injunction or civil monetary penalty) by any aggrieved person, State or local governmental agency, or the Administrator of the Environmental Protection Agency, allowing the award of litigation costs (including attorney's and expert fees) to any prevailing party. Authorizes the court to order that the civil penalties be used for projects furthering this title. Prohibits compensatory and punitive damages. (Sec 403) Authorizes the Administrator to extend the smoke-free policy requirement to certain otherwise-exempt facilities if the Administrator determines that the extension is appropriate to protect the public health. (Sec. 405) Declares that this title does not preempt or affect any other Federal, State, or local law providing protection from environmental tobacco health hazards. Title V: Tobacco Prevention Initiatives - Requires that funds be made available (from annual manufacturer payments under section 102) to the Secretary of Health and Human Services, without fiscal year limitation, for: (1) a national public awareness campaign to discourage tobacco use; (2) the implementation of FDCA tobacco provisions, title III of this Act, and Tobacco Accountability Board provisions of this Act; (3) tobacco use cessation programs (mandating grants); (4) research on nicotine addiction, cessation, and prevention; and (5) tobacco surveillance and epidemiology research. Requires that certain programs under this title: (1) take into account the needs of minority populations; and (2) be age, culturally, and linguistically appropriate for those populations. Title VI: International Tobacco Control - Mandates regulations to prohibit domestic concerns from directly or indirectly: (1) selling or distributing tobacco in a foreign country without warning labels appropriate to protect public health; or (2) selling or distributing tobacco in a foreign country to children or advertising or promoting it in a way that appeals to children. Adds violations to the list of FDCA prohibited acts. (Sec. 602) Prohibits any U.S. officer, employee, department, or agency from: (1) promoting tobacco export or foreign sale, manufacture, promotion, distribution, or use; or (2) subject to exception, seeking the removal or reduction of foreign restrictions on tobacco importation, exportation, sale, manufacture, promotion, distribution, tariffs, or taxes. (Sec. 603) Establishes in the Treasury the International Tobacco Control Trust Fund, to be funded by payments under section 605. Provides for the use of Fund amounts for: (1) the American Center on Global Health and Tobacco; (2) grants and other assistance to foreign governments, nongovernmental organizations, and international organizations for foreign tobacco control; and (3) enforcement of any requirement regarding foreign tobacco sale, distribution, or promotion. (Sec. 604) Establishes the American Center on Global Health and Tobacco (ACT) as a private, nonprofit corporation, requiring it to assist foreign organizations to reduce and prevent tobacco use, including through public awareness campaigns and youth-oriented and community-based programs. (Sec. 605) Requires each domestic concern that manufactures tobacco in a foreign country (or controls a person who does so) to annually pay to the Fund a specified amount per unit manufactured. (Sec. 606) Mandates regulations to reduce tobacco smuggling in interstate and foreign commerce. (Sec. 607) Expresses the sense of the Congress that the Government should support implementation of the International Framework Convention on Tobacco Control through all available resources. Title VII: Tobacco Accountability Board - Establishes the Tobacco Accountability Board as an independent board. Requires each tobacco manufacturer to submit to the Board all documents in the manufacturer's possession: (1) relating to tobacco health effects (including addiction), the manipulation of nicotine, or tobacco sale or marketing to children; or (2) produced or ordered to be produced in a named civil action. Requires the Board to make the documents available to the public. Exempts trade secrets from public disclosure unless the Board determines that disclosure is appropriate to protect the public health. (Sec. 703) Requires the Board to investigate all matters relating to tobacco and public health and report to the Congress annually. (Sec. 705) Empowers the Board to bring an action to enjoin a failure to comply with this title or to impose a civil monetary penalty. (Sec 707) Prohibits discrimination against an individual as a reprisal for disclosing information regarding a violation of tobacco-related law. Applies to whistleblowers existing provisions of Federal law allowing whistleblowers to receive a portion of any false claims amounts recovered. Title VIII: Payments to States - Subtitle A: Resolution of State Actions - Allows a State to elect to receive payments under section 802 instead of seeking recovery from manufacturers for health care costs attributable to tobacco use. Prohibits a State that so elects from seeking recovery from manufacturers, except for actions after enactment of this Act or for criminal prosecutions. (Sec. 802) Directs the Secretary of the Treasury to pay to any State so electing the amount the State would have received under the Proposed Resolution between manufacturers and State attorneys general. Requires a State to pass payments through to local governments in proportion to the local government's tobacco use health care costs. Makes a State that fails to pass through payments ineligible for this section's future payments. (Sec. 803) Exempts a manufacturer from the portion of the section 102 payments that will be provided to States under this title if the manufacturer: (1) resolved tobacco-related civil actions with more than 25 States before 1998; (2) provided to all other States the opportunity to enter into substantially similar settlements; and (3) manufactures less than three percent of all cigarettes manufactured or imported in the United States. Subtitle B: State Grants - Requires that funds be made available annually from amounts paid under section 102, without fiscal year limitation, for grants to States with approved child-oriented or community-based programs to discourage tobacco use. (Sec. 812) Amends title XIX (Medicaid) of the Social Security Act to authorize payment to States for a specified percentage of the State's Medicaid expenditures for tobacco use cessation programs. Title IX: Definitions - Sets forth definitions for this Act.
Bill· HRH.R. 3865 (105th)open
United States · United States Congress · 14 May 1998
TABLE OF CONTENTS: Title I: Designation and Evaluation of Renewal Communities Title II: Tax Incentives for Renewal Communities Title III: Additional Provisions American Community Renewal Act of 1998 - Title I: Designation and Evaluation of Renewal Communities - Renewing American Communities Act of 1998 - Amends the Internal Revenue Code to authorize the Secretary of Housing and Urban Development to designate (upon local or State nomination) up to 100 renewal communities, of which at least 20 percent shall be in rural areas. Requires for nomination purposes that: (1) the area be experiencing high rates of poverty and unemployment and general distress; and (2) State and local governments enter into written contracts with neighborhood organizations to promote specified economic growth and employment activities. Treats renewal communities as labor surplus areas for all Federal law purposes. Title II: Tax Incentives for Renewal Communities - Amends the Internal Revenue Code to exclude from gross income capital gains on the sale or exchange of a qualified community asset (stock, business property, or partnership interest) held for more than five years. Allows a specified deduction for amounts paid into a family development account on behalf of an individual or another qualified individual who is a renewal community resident. Excludes from gross income account distributions used for qualified family development expenses (postsecondary education, first-home purchase, business capitalization, medical, and rollovers). Provides a penalty (with exceptions) in addition to inclusion as gross income for nonqualifying distributions. Provides for designation of up to 25 percent of qualifying renewal communities as matching demonstration areas eligible to receive family development account matching contributions. Authorizes: (1) designation of earned income tax credit payments for family development account deposit; (2) a commercial building revitalization tax credit; (3) increased first year expensing for renewal community businesses; (4) extension of environmental remediation cost expensing and the work opportunity credit for renewal communities; and (5) similar tax treatment of renewal communities and enterprise zones for specified youth residence requirements. (Sec. 205) Makes conforming amendments to provisions respecting: (1) tax on excess contributions and prohibited transactions; (2) trust and annuity information; (3) tax exemption applications; and (4) the commercial revitalization credit. Title III: Additional Provisions - Provides for local government transfer of unoccupied and substandard Department of Housing and Urban Development multifamily and single family housing in renewal communities, with subsequent disposition priority to be given to community development corporations. (Sec. 302) Amends the Public Health Service Act to make religious organizations eligible to administer specified substance prevention and abuse programs. Sets forth program provisions. (Sec. 303) Amends the Community Reinvestment Act of 1977 to provide that a financial institution's investments in community development organizations located in renewal communities may be considered in evaluations under such Act.
Bill· HRH.R. 3889 (105th)referred
United States · United States Congress · 14 May 1998
Teen Tobacco Use Prevention Act of 1998 - Amends the Federal Food, Drug, and Cosmetic Act to mandate regulations requiring tobacco product manufacturers to include on package labels the amount of tar, nicotine, and carbon monoxide produced by the products. Authorizes regulations requiring that tobacco product labels include other constituents if the Secretary of Health and Human Services determines it necessary for the protection of public health. Mandates specified label and advertising warnings regarding cigarette and smokeless tobacco. Requires specified intended use statements in cigarette and cigarette tobacco advertisements. Prohibits any other label or advertising requirement regarding any statement concerning cigarettes or smokeless tobacco and health. Exempts cigarettes and smokeless tobacco manufactured, imported, or packaged for export from this Act's requirements. Prohibits manufacturers, distributors, and retailers from distributing any tobacco product through a vending machine, except in facilities where no individuals under 18 are permitted to enter. Directs the Secretary to monitor compliance for two years. Prohibits the sale or distribution of a tobacco product to an individual under 18 (or such higher age as is set by State law). Mandates retailer verification of age of any individual under 26 by photo identification, except for face-to-face transactions conducted in accordance with State law. Mandates first offense warnings and subsequent violation civil monetary penalties for retailers. Mandates State enforcement, including random, unannounced inspections. Allows reduction in the amount of a grant to a noncomplying State under specified provisions of the Public Health Service Act. Prohibits the distribution and sale of individual cigarettes and of packages of less than 20 cigarettes. Prohibits the distribution of samples of cigarettes. Provides for penalties. Prohibits distribution of a tobacco product through the mail unless the Secretary approves a plan to ensure that the product will only go to individuals over 17. Directs the Secretary to monitor mail distributions for two years. Provides for penalties. Directs the Secretary to report to the Congress on the average annual underage daily use of tobacco. Sets national underage percentage reduction goals. Directs the Secretary to determine whether the goals have been met and, if not, to make recommendations to the Congress regarding different reduction goals.
Bill· SS. 2074 (105th)referred
United States · United States Congress · 13 May 1998
TABLE OF CONTENTS: Title I: State Universal Health Insurance Coverage Programs - Phase I Subtitle A: Expansion of SCHIP to Provide Health Insurance Coverage to Additional Individuals Subtitle B: State Health Coverage Outreach Programs Title II: Universal Affordable Comprehensive Health Care - Phase II Title III: Patient Protections Subtitle A: Utilization Management Subtitle C (sic): Health Plan Standards Subtitle D: Miscellaneous Provisions Title IV: Miscellaneous Healthy Americans Act - Title I: State Universal Health Insurance Coverage Programs - Phase I - Subtitle A: Expansion of SCHIP to Provide Health Insurance Coverage to Additional Individuals - Amends title XXI (Children's Health Insurance) (SCHIP) of the Social Security Act (SSA), renamed State Health Insurance Programs, to add a new part B (State Universal Health Insurance Coverage Program - Phase I) (UHICP) in order to provide funds to enable participating States to initiate and expand State-administered systems of health insurance coverage for individuals and families with incomes at or below 300 percent of the poverty line. (Sec. 101) Provides that a State is not eligible for a payment under this title unless it has submitted to the Secretary of Health and Human Services a phase I State universal coverage plan (phase I plan) that: (1) sets forth how the State intends to use the funds provided to expand SCHIP, now under a new part A of SSA title XXI, to provide universal health insurance coverage to eligible individuals and families within the State; and (2) has been approved in accordance with prescribed guidelines. Outlines plan requirements. Conditions a State's eligibility to receive part B funds on its agreeing to administer a phase I plan with a goal of providing health insurance coverage for 100 percent of the eligible individuals and families who reside in the State and who have income that is equal to or less than 300 percent of the poverty line by not later than September 30, 2003. Specifies the required scope of such health insurance coverage. Allows for cost-sharing, with certain limitations. Prohibits phase I plans from permitting the imposition of any preexisting condition exclusion for covered benefits under the plan. Makes appropriations for part B allotments to States, Indian tribes, and Native Hawaiian organizations. Subtitle B: State Health Coverage Outreach Programs - Directs the Secretary to award grants to qualified States submitting outreach plans in order for them to establish State-administered outreach programs to maximize the enrollment of eligible individuals and families in the Medicaid, SCHIP, and UHICP (Phase I) programs. Makes necessary appropriations. Title II: Universal Affordable Comprehensive Health Care-Phase II - Amends SSA title XXI to add a new part C (State Universal Health Insurance Coverage Program - Phase II) in order to provide funds to enable participating States to establish State-administered systems to ensure universal, affordable, and comprehensive health insurance coverage. Sets forth plan, allotment, and grant requirements similar to those for phase I plans. Requires States, to be eligible to receive part C funds, to establish and implement procedures to certify: (1) private and public health care plans as qualified plans; and (2) public health care programs as qualified programs. (Sec. 202) Requires States submitting phase II plans to have in effect a State law that requires any health plan offered in the State to: (1) offer benefits to plan enrollees that are at least actuarially equivalent to health insurance benefits offered to Federal employees; (2) include mental health and substance abuse benefits at least equal to medical and surgical benefits; and (3) limit premiums and cost-sharing to certain formula maximums. (Sec. 205) Directs the Secretary to propose to the appropriate congressional committees technical and conforming amendments necessary to: (1) apply such premiums and cost-sharing limitations to Medicare- eligible residents; (2) provide coverage for outpatient prescription drugs for such individuals under Medicare; and (3) provide full mental health and substance abuse treatment parity to such individuals under Medicare. Title III: Patient Protections - Subtitle A: Utilization Management - Requires a health plan to have in place a utilization review program certified by the State and meeting the requirements of this subtitle. (Sec. 313) Directs the Secretary to establish standards for the establishment, operation, and certification and periodic recertification of health plan utilization review programs. Authorizes a State to certify a health plan as meeting such standards if it has met the utilization standards required for accreditation as applied by a nationally recognized, independent, nonprofit accreditation entity. Requires a State that makes such a determination to review periodically the standards used by the private accreditation entity to ensure that they meet or exceed the Secretary's standards. Outlines health plan requirements with respect to the disclosure of information to prospective covered individuals, covered individuals, and State officials, as well as requirements with regard to emergency care. Subtitle C (sic): Health Plan Standards - Directs the Secretary to establish standards for the certification and periodic recertification of health plans, including standards which require plans to meet the requirements of this subtitle. (Sec. 321) Requires a State to provide for the certification of health plans if the certifying authority designated by the State determines that the plan meets the applicable requirements of this title. (Sec. 322) Specifies requirements for health plans relating to: (1) minimum solvency requirements; (2) information on terms of plan; (3) accessibility of covered health care services and access to specialized treatment; (4) credentialing for health providers; (5) grievance procedures; (6) confidentiality standards; (7) discrimination; and (8) selective marketing. Subtitle D: Miscellaneous Provisions - Directs a State to prohibit the offering or issuance of any health plan which does not meet the requirements of this title. (Sec. 331) Authorizes the Secretary of Labor to take corrective action to terminate or disqualify a self-insured plan that does not meet the standards developed under this title. Title IV: Miscellaneous - Provides that specified administration and enforcement requirements of the Employee Retirement Income Security Act of 1974 shall not apply with respect to health benefits provided under a group health plan qualified to offer such benefits under a phase I or II plan. (Sec. 402) Expresses the sense of the Congress that any sums necessary for the implementation of this Act should be offset by: (1) reductions in unnecessary tax benefits available only to individuals and large corporations in the maximum tax brackets; (2) increases in taxes from the sale of tobacco products; (3) elimination of duplicative and wasteful military spending; and (4) direct savings in health care expenditures resulting from the implementation of this Act.
Bill· HRH.R. 3862 (105th)referred
United States · United States Congress · 13 May 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. Mandates a national media campaign to educate the public about poison prevention and the availability of local poison control resources and to conduct advertising campaigns concerning the nationwide toll-free number. Authorizes appropriations. Mandates grants for certified regional poison control centers to achieve financial stability and to prevent, and provide treatment recommendations for, poisoning. Mandates other grant uses. Sets forth center certification requirements. Authorizes appropriations.
Bill· HRH.R. 3863 (105th)referred
United States · United States Congress · 13 May 1998
Provides for a special Medicare (title XVIII of the Social Security Act) part B enrollment period, reduction in or elimination of Medicare part B late enrollment penalty, and a special Medigap open enrollment period for certain military retirees and dependents.