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Bill· SS. 1969 (105th)open
United States · United States Congress · 22 April 1998
Health Care for Working Families Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to establish a new title II, Health Benefits for Employees and Their Families. Requires each large employer to: (1) offer to each of its employees the opportunity to enroll in a qualifying health benefit plan that provides coverage for the employee and the employee's family; (2) contribute to the cost of such plan; and (3) withhold the employee share of the plan premium from the employee's wages. Defines a large employer as one that employed an average of at least 50 full-time employees on business days during the preceding calendar year and employs at least 50 employees on the first day of the plan year. Considers contract workers as employees for such purposes. Defines a qualifying health benefit plan as one that: (1) provides benefits for health care items and services that are actuarially equivalent or greater in value than those offered as of January 1, 1998, under the Blue Cross-Blue Shield (BC-BS) Standard Plan provided under the Federal Employees Health Benefit Program (FEHBP); and (2) meets applicable requirements under the Public Health Service Act. Sets the minimum required contribution by an employer at the same portion of the total premium as the Federal Government pays for such BC-BS Standard Plan under FEHBP. Sets forth a formula for determining such minimum employer contribution with respect to part-time workers who work less than 30 hours per week; but requires no employer contribution for employees working less than ten hours per week. Requires any employee covered under a Federal health insurance program (including Medicare, Medicaid, FEHBP, and the Civilian Health and Medical Program of the Uniformed Services) to accept an employer's offer of health insurance coverage and agree to payroll withholdings, or request the Federal health insurance program to pay the employee share of the premium. Exempts from this requirement: (1) an employee otherwise covered under an employment-based qualified health benefit plan; or (2) a family member of a non-electing employee, where the family member is otherwise covered under an employment-based qualified health benefit plan. Sets forth requirements relating to timing of coverage and withholding, enforcement, and preemption. Amends the Public Health Service Act to require a health insurance issuer that offers employee health insurance coverage to an employer to ensure that such coverage complies with requirements of title II of FLSA.
Bill· HRH.R. 3702 (105th)open
United States · United States Congress · 22 April 1998
Veterans' Access to Emergency Health Care Act of 1998 - Authorizes the provision of emergency hospital or medical care in non-Department of Veterans Affairs facilities for veterans who are enrolled in the system of annual patient enrollment established by the Secretary of Veterans Affairs. Includes such emergency care within authorized Department medical services. Authorizes the Secretary to reimburse veterans for the cost of services provided for any medical emergency which poses a serious threat to the life or health of an enrolled veteran.
Bill· HRH.R. 3712 (105th)referred
United States · United States Congress · 22 April 1998
Prohibits Federal funds from being made available to carry out any program of distributing sterile hypodermic needles or syringes for the hypodermic injection of any illegal drug.
Bill· HRH.R. 3714 (105th)referred
United States · United States Congress · 22 April 1998
Amends the Public Health Service Act to prohibit Federal funds from being expended to carry out any program of distributing sterile needles or syringes for the hypodermic injection of illegal drugs.
Bill· HRH.R. 3713 (105th)referred
United States · United States Congress · 22 April 1998
State Children's Health Insurance Program Integrity Act of 1998 - Amends title XXI (Children's Health Insurance) of the Social Security Act to allow as reasonable administrative costs any State expenditures for the use of independent administrative vendors in marketing health benefits coverage to low-income children, or in otherwise administering the State child health plan, if certain conflict-of-interest restrictions are observed.
Bill· SS. 1963 (105th)referred
United States · United States Congress · 21 April 1998
Military Health Care Fairness Act - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to allow certain eligible covered beneficiaries to enroll in any health benefits plan under the Federal Employee Health Benefits Program (FEHB) offering medical care comparable to that offered under CHAMPUS. Includes as an eligible beneficiary a military retiree (with an exception) or dependent who is: (1) not guaranteed access under TRICARE (a Department of Defense (DOD) managed care program) to health care comparable to health care provided under the FEHB; (2) eligible to enroll in the TRICARE Program but is not so enrolled because of location, total enrollment limitations, or any other reason; or (3) entitled to hospital insurance benefits under Part A of title XVIII (Medicare) of the Social Security Act. Limits eligible beneficiaries during the first two years of enrollment to military retirees who are: (1) 65 years of age or older; or (2) retired or separated due to physical disability. States that any eligible beneficiary shall not be required to satisfy any FEHB eligibility criteria as a condition for enrollment. Provides for: (1) an enrollment period and a three-year minimum enrollment term; (2) authorized treatment in a military medical treatment facility; (3) enrollment contributions; (4) participation management by the Director of the Office of Personnel Management (OPM); and (5) annual reports from the Secretary of Defense and the OPM Director concerning the provision of such care. Directs the Secretary, within four years after the date of enactment of the National Defense Authorization Act for Fiscal Year 1999, to report to the Congress on whether such health care option should be made permanent and on the estimated costs of such option. Directs the Secretary to: (1) begin to offer such option no later than six months after enactment of this Act; and (2) continue to offer such option through 2003, and to provide care to eligible beneficiaries through 2005. Provides program funding for FY 1999 through 2005 from amounts authorized for appropriation to DOD for military personnel for such years.
Bill· SS. 1959 (105th)referred
United States · United States Congress · 21 April 1998
Prohibits Federal funds from being made available to carry out any program of distributing sterile hypodermic needles or syringes to individuals for the hypodermic injection of any illegal drug.
Bill· SS. 1925 (105th)reported
United States · United States Congress · 2 April 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. Exempts from Federal and State taxation funds distributed pursuant to the judgment in Jesse Short et al. v. United States or any other judgment of the U.S. Court of Federal Claims in favor of individual Indians and provides that such funds shall not be considered as resources for purposes of reducing benefits under the Social Security Act or, except for per capita shares exceeding $2,000, any Federal program. Authorizes any funds provided to the Ponca Tribe of Nebraska for any of FY 1992 through 1998 pursuant to a self-determination contract to carry out Indian Health Service programs to be used by the Tribe to purchase or build health service facilities. 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. Amends the Michigan Indian Land Claims Settlement Act to exempt all funds distributed under such Act from Federal or State income taxes. 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 Native Hawaiian Health Care Act of 1988 to revise conditions pertaining to Native Hawaiian health scholarships.
Bill· SS. 1914 (105th)open
United States · United States Congress · 2 April 1998
TABLE OF CONTENTS: Title I: Health Care and Employee Benefits Title II: Financial Instruments Title III: Ancillary and Other Cross-Border Cases Title IV: Small Business Bankruptcy Title V: Bankruptcy Tax Issues Title VI: Miscellaneous Business Bankruptcy Reform Act - Title I: Health Care and Employee Benefits - Amends the Federal bankruptcy code to prescribe guidelines for disposal of the patient records of a health care business (including a hospital, a health maintenance organization, or a nursing home) that commences a proceeding for debtor relief. Provides for disposal with a State or Federal agency, the patient or an insurance provider, or by destruction. (Sec. 103) Allows an administrative expense claim for the costs of closing a health care business, including disposal of patient records and transfer of patients to another health care business. (Sec. 104) Requires the bankruptcy court to appoint an ombudsman to represent the interests of the patients of a health care business within 30 days after commencement of a case under chapter 7 (Liquidation), 9 (Adjustment of Debts of a Municipality), or 11 (Reorganization). (Sec. 105) Requires the bankruptcy trustee to use all reasonable and best efforts to transfer patients from the health care business in the process of being closed to an appropriate substitute. (Sec. 106) Allows employee pension plan contributions to be treated as an administrative expense of the debtor's estate. Provides for continuance of certain pension plan contributions by the bankruptcy trustee. (Sec. 108) Excludes from the property of the debtor business estate certain payroll deductions for health care insurance or pension contributions held by the debtor employer. Title II: Financial Instruments - Revises the definitions of forward contract, repurchase agreement, swap agreement, and securities and commodities contracts, and defines master netting agreement. States that the filing of a petition for debtor relief does not operate as an automatic stay against the setoff by a master netting agreement participant of a mutual debt and claim under or in connection with one or more such agreements in specified circumstances. Revises the exception to the automatic stay for mutual debt and claim setoffs in connection with a swap agreement. (Sec. 205) Prohibits the bankruptcy trustee from avoiding a master netting agreement participant transfer made before commencement of a case for debtor relief. Includes master netting agreements within the range of fraudulent transfers avoidable by such trustee. (Sec. 207) Prohibits any stay or limitation on the exercise of contractual rights to terminate or accelerate: (1) securities contracts or repurchase agreements (unless authorized by specified law); or (2) forward and commodity contracts, swap agreements, master netting agreements, or "across" contracts. (Sec. 210) Declares that any provision of the bankruptcy code relating to securities contracts, commodity contracts, forward contracts, repurchase agreements, swap agreements, or master netting agreements shall apply in a case ancillary to a foreign proceeding so that enforcement of the pertinent financial instruments shall not be subject to a stay or other limitation in bankruptcy. (Sec. 211) Declares that the exercise of rights by certain commodity brokers and stockbrokers shall not affect: (1) the priority of any unsecured claim such a person may have after the exercise of such rights; or (2) the application of the bankruptcy code with respect to customer property or distributions after the exercise of such rights. (Sec. 213) Amends the Federal Deposit Insurance Act to authorize the Federal Deposit Insurance Corporation to prescribe detailed recordkeeping requirements for insured depository institutions regarding qualified financial contracts (including market valuations). (Sec. 214) Amends the bankruptcy code to declare that damages with respect to specified financial instruments shall be measured as of the earlier of the date of rejection, or the liquidation, termination, or acceleration date. (Sec. 215) Excludes from the property of the debtor's estate any eligible asset (or proceeds thereof) transferred by the debtor before commencement of the action for relief to an eligible entity in connection with an asset-backed securitization. Title III: Ancillary and Other Cross-Border Cases - Expands the scope of bankruptcy law to incorporate the Model Law on Cross-Border Insolvency, and to establish a statutory mechanism for: (1) dealing with cases of cross-border insolvency; and (2) cooperation between U.S. courts, trustees, and debtors and their foreign counterparts. Prescribes guidelines for: (1) access by foreign representatives and creditors to Federal and State courts; (2) recognition of a foreign proceeding and relief; (3) cooperation and direct communication with foreign courts and representatives; and (4) concurrent proceedings and the coordination of foreign and domestic proceedings. Title IV: Small Business Bankruptcy - Amends chapter 11 (Reorganization) of the bankruptcy code to set forth mandatory factors for court consideration in determining whether the disclosure statement regarding a small business reorganization plan provides adequate information. (Sec. 403) Directs the Advisory Committee on Bankruptcy Rules of the Judicial Conference (Advisory Committee) to propose for adoption standardized disclosure statements and plans of reorganization for small business debtors. (Sec. 404) Sets forth uniform national reporting requirements for small business debtors. (Sec. 405) Directs the Advisory Committee to propose for adoption revisions to the Federal Rules of Bankruptcy Procedure and Official Bankruptcy Forms enabling small business debtors to comply with such uniform national reporting requirements. (Sec. 406) Prescribes the duties of a trustee, debtor in possession, and bankruptcy administrator in small business cases. Revises plan filing and confirmation deadlines and the duties of the U.S. trustee. (Sec. 412) States that, with specified exceptions, the filing of a small business debtor reorganization petition does not operate as a stay of specified debtor acts, if the debtor is, was, or within the previous two years has been the debtor in another small business case. (Sec. 413) Revises the circumstances under which a chapter 11 (Reorganization) small business case may be converted to a chapter 7 (Liquidation) case or dismissed. Changes from discretionary to mandatory a court's authority to convert or dismiss for specified cause. Specifies circumstances in which such a case shall not be converted or dismissed. (Sec. 414) Redefines "single asset real estate" to include: (1) undeveloped real property; and (2) a commonly controlled group of entities all of which are concurrently debtors in a case under chapter 11, other than the business of operating the real property and incidental activities. (Sec. 415) Sets forth additional guidelines for confirmation of a reorganization plan. (Sec. 416) Revises the exception to the requirement that a court grant relief from an automatic stay of an act against single asset real estate by a secured interest creditor. Allows an automatic stay for such property in certain circumstances within 30 days after the court determines the debtor is subject to such exception (or, as currently, within 90 days after entry of the order for relief, whichever is later). Revises the circumstance where a debtor has commenced monthly payments to each secured interest creditor to allow the debtor, in the debtor's sole discretion, to make such payments from rents or other income generated before or after the commencement of the case by or from the property. Requires such payments in an amount equal to the interest on the value of the creditor's interest in the real estate, determined at the then-applicable contract rate of interest (currently, at the fair market rate). Title V: Bankruptcy Tax Issues - Modifies guidelines governing notice of the commencement of a case for relief of a debtor to the governmental unit listed by the debtor as its creditor. (Sec. 501) Directs the Advisory Committee to propose for adoption: (1) certain revised rules for debtor notice to a governmental unit which is either its creditor or regulatory authority; and (2) rules for a governmental unit to designate the manner in which a trustee may petition for a determination of any unpaid tax liability incurred by the estate during administration of the case. (Sec. 503) Designates the interest rate applicable to tax claims arising before the date of the order for relief. Modifies priority guidelines governing the tolling of allowed unsecured claims of governmental units. States that reorganization plan confirmation does not discharge a corporate debtor from any debt for a tax or customs duty with respect to which the debtor filed a fraudulent return or willfully attempted to evade or defeat the tax or duty. (Sec. 507) States that a petition for debtor relief operates as a stay of a U.S. Tax Court proceeding regarding the debtor's tax liability only for a taxable period ending before the order for relief. Authorizes appeals from Tax Court decisions. (Sec. 508) Requires that the periodic payment of taxes in chapter 11 cases be quarterly or more frequently. (Sec. 509) Proscribes the avoidance of statutory tax liens which are not perfected or enforceable at the time of commencement of a case against certain bona fide purchasers. (Sec. 510) Amends the Federal judicial code to mandate that court personnel conducting a business under court authority pay each tax when due in the course of that business (except with respect to a property tax secured by a lien against property of the estate that is abandoned by the bankruptcy trustee). Mandates payment of ad valorem taxes. Provides that a governmental unit shall not be required to file a request for payment of administrative expense taxes. (Sec. 515) Declares that the filing of a petition for debtor's relief shall not operate as a stay of the setoff of an income tax refund by a governmental unit for any taxable period ending before the order for relief against an income tax liability, unless before the setoff an action is commenced to determine the amount or legality of that tax liability. Title VI: Miscellaneous - Amends guidelines for: (1) rejection and surrender of executory contracts and unexpired leases; (2) allowance of claims or interests; (3) expedited appeals of bankruptcy cases to courts of appeals; and (4) changes in membership in creditors' and equity security holders' committees. (Sec. 605) Amends the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 to repeal the sunset of chapter 12 (Adjustment of Debts of a Family Farmer with Regular Annual Income) (thus making it permanent). (Sec. 606) Declares, with respect to certain cases ancillary to foreign proceedings, that the bankruptcy court may not grant relief to a foreign insurance company that is not engaged in the business of insurance or reinsurance in the United States with respect to any claim made by a U.S. creditor against: (1) a deposit required by applicable State insurance law; (2) a multibeneficiary trust required by applicable State insurance law to protect U.S. policyholders or claimants against a foreign insurance company; or (3) a multibeneficiary trust authorized under applicable State insurance law to allow a domestic insurance company that cedes reinsurance to the debtor to reflect the reinsurance as an asset or deduction from liability in the ceding insurer's financial statements.
Bill· SS. 1908 (105th)referred
United States · United States Congress · 2 April 1998
Managed Care Fair Payment Act of 1998 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, with respect to the formula for the annual area-specific Medicare+Choice capitation rate. Revises such formula for years beginning with 1999 to exclude from the adjusted average per capita rate of Federal payment for 1997 any payments attributable to disproportionate share hospital (DSH) payments. Requires the Secretary, for any such 1997 payment rate that reflects payments covered under a State hospital reimbursement system, to estimate a payment adjustment comparable to the adjustment that would have been made if the hospitals had not been reimbursed under such system. Directs the Secretary, for portions of cost reporting periods occurring on or after January 1, 1999, to provide for an additional payment for each DSH discharge of any managed care enrollee: (1) enrolled under a risk-sharing contract with an eligible organization who is also entitled to Medicare part A benefits; or (2) enrolled with a Medicare+Choice organization. (Thus requires that DSH payments be made directly to a DSH in which a managed care enrollee actually receives care, and not to the enrollee's Medicare+Choice organization for subsequent payment to such DSH.)
Bill· SS. 1921 (105th)referred
United States · United States Congress · 2 April 1998
TABLE OF CONTENTS: Title I: Individual's Rights Subtitle A: Review of Protected Health Information by Subjects of the Information Subtitle B: Establishment of Safeguards Title II: Restrictions on Use and Disclosure Title III: Sanctions Subtitle A: Criminal Provisions Subtitle B: Civil Sanctions Title IV: Miscellaneous Health Care Personal Information Nondisclosure Act of 1998 - Health Care PIN Act - Title I: Individual's Rights - Subtitle A: Access to Protected Health Information by Subjects of the Information - Requires specified parties to permit an individual who is the subject of protected health information to inspect, copy, and request amendment of the information (or, if amendment is refused, to append the individual's disagreement statement). (The list of specified parties varies from provision to provision throughout this Act. The list includes, in various provisions, such individuals and entities as health care providers, health plans, health researchers, health oversight agencies, public health authorities, employers, law enforcement officials, health or life insurers, schools, universities, and their agents.) Requires specified parties to post or provide notice of confidentiality practices. Mandates development of model notices. Subtitle B: Establishment of Safeguards - Requires specified parties to maintain safeguards to ensure the confidentiality, security, accuracy, and integrity of protected health information. Requires specified parties to maintain a disclosure record. Title II: Restrictions on Use and Disclosure - Prohibits specified parties from disclosing protected health information except as authorized under this title. Allows disclosure within such a party. (Sec. 202) Requires: (1) a single authorization form for each individual for disclosure in connection with treatment, payment, and health care operations; and (2) a separate authorization for other purposes, including for disclosure with intent to sell, transfer, or use protected health information for commercial advantage. Mandates disclosure to coroners and medical examiners. Requires development of model authorizations for circumstances other than treatment, payment and health care operations. (Sec. 204) Allows and regulates disclosure: (1) to next of kin (or another person identified by the information subject); (2) of directory information; (3) regarding a deceased individual; (4) in emergencies; (5) for oversight, public health, or health research; (6) in civil, judicial, and administrative procedures; and (7) for law enforcement. Sets forth the rights of minors. (Sec. 211) Mandates reporting, by code number rather than patient name, of adverse experiences regarding human drugs and licensed biological products. (Sec. 212) Allows disclosure, if an individual pays for health care using a debit or credit card or other electronic means, of only such information as is necessary for the processing of the payment transaction or the billing or collection of amounts. (Sec. 213) Mandates standards for disclosing, authorizing, and authenticating protected health information in electronic form. (Sec. 214) Regulates the exercise of an information subject's rights by that individual's representatives, including after death. (Sec. 215) Declares that: (1) Federal and State law enforcement officers shall not be personally liable for violations of this Act absent intentional conduct for commercial advantage, personal gain, or malicious harm; and (2) specified parties who make a disclosure permitted by this Act shall not be liable under common law. Title III: Sanctions - Subtitle A: Criminal Provisions - Amends the Federal criminal code to impose criminal penalties for knowingly and intentionally obtaining or disclosing protected health information in violation of title II of this Act. Mandates regulations and procedures to permit the debarment of specified parties from receiving benefits under any Federal health programs if the managers or officers of such parties are found guilty of criminal acts under this Act, have civil penalties imposed under subtitle B, or make false statements or obstruct justice regarding illegal disclosure. Authorizes the Attorney General to provide advice, technical assistance, and guidance to reduce improper disclosure. Subtitle B: Civil Sanctions - Imposes civil monetary penalties on specified parties if the Secretary of Health and Human Services determines a party has substantially and materially failed to comply with this Act. (Sec. 314) Allows any individual whose rights under this Act have been knowingly or negligently violated to bring a civil action to recover preliminary and equitable relief, compensatory (or specified liquidated) damages, punitive damages (for knowing violations), and attorney's fees. Sets a time limit for the commencement of actions. Title IV: Miscellaneous - Preempts, subject to exceptions, any State law directly relating to matters covered by this Act. Amends the Privacy Act of 1974 to require an agency that receives protected health information to promulgate rules to exempt a system of records within the agency from all but specified provisions of that Act. Provides for the application of this Act to the Departments of Defense, Transportation (regarding the Coast Guard), and Veterans Affairs. Mandates a report by the General Accounting Office on research issues regarding protected health information.
Law· HRH.R. 3616 (105th)enacted
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Procurement Subtitle A: Authorization of Appropriations Subtitle B: Multi-Year Contract Authorizations Title II: Research, Development, Test, and Evaluation Subtitle A: Authorization of Appropriations Subtitle B: Other Matters Title III: Operation and Maintenance Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: Reserve Mobilization Income Insurance Fund Title V: Military Personnel Policy Subtitle A: Active Forces Subtitle B: Reserve Forces Title VI: Compensation and Other Personnel Benefits Subtitle A: Military Pay Subtitle B: Bonuses and Special and Incentive Pays Subtitle C: Other Matters Title VII: Acquisition Policy and Management Title VIII: Department of Defense Management Subtitle A: General Management Subtitle B: Department of Defense Personnel Management Title IX: General Provisions Subtitle A: Financial Matters Subtitle B: Miscellaneous Report Requirements and Repeals Subtitle C: Matters Relating to Terrorism Subtitle D: Matters Relating to Counter Drug Operations Subtitle E: Other Matters National Defense Authorization Act for Fiscal Year 1999 - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1999 to the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement. (Sec. 104) Authorizes appropriations for FY 1999 for: (1) defense-wide procurement; (2) the Defense Inspector General; (3) the Defense Health Program; and (4) the chemical demilitarization program. Subtitle B: Multi-Year Contract Authorizations - Authorizes the use of multiyear contracts by the Army and Navy for the procurement of certain vehicles, weapons, and aircraft. Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1999 for the armed forces for research, development, test, and evaluation, including activities of the Directors of Test and Evaluation and Operational Test and Evaluation. Subtitle B: Other Matters - Adds additional requirements for inclusion in the low-rate initial production of weapon systems. (Sec. 212) Extends through FY 2003 the authority of the Secretary of Defense (Secretary) to contract with commercial entities to conduct commercial test and evaluation activities at a major range and test facility installation. Title III: Operation and Maintenance - Authorizes appropriations for FY 1999 for operation and maintenance (O&M) for the armed forces and specified activities and agencies of the Department of Defense (DOD). (Sec. 302) Authorizes appropriations for FY 1999 for: (1) working capital and revolving funds; (2) the Armed Forces Retirement Home; and (3) the operation of Fisher houses, to be derived from the Fisher House Trust Fund. (Sec. 305) Authorizes the transfer of up to $150 million from the National Defense Stockpile Transaction Fund to specified O&M accounts. (Sec. 306) Authorizes the Secretary, using available amounts from the Department of Defense Base Closure Account 1990, to pay stipulated damages under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 assessed against McClellan Air Force Base, California. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Sets forth the authorized end strengths for active-duty forces as of the end of FY 1999. (Sec. 402) Repeals a requirement that such end strengths be sufficient to support two simultaneous major regional contingencies. (Sec. 403) Revises the due date of an annual manpower requirements report. (Sec. 404) Exempts from general and flag officer grade limits the position of Director, National Imagery and Mapping Agency. Makes permanent (currently ends October 1, 1998) the authority of the Chairman of the Joint Chiefs of Staff to designate up to 12 general and flag officers serving in joint duty positions for exclusion from such limits. Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 1999 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves. (Sec. 413) Sets forth the authorized end strengths as of the end of FY 1999 for Army and Air Force military technicians (dual status). (Sec. 414) Increases the number of officers and enlisted personnel authorized to serve on active duty in support of the reserves. (Sec. 415) Excludes from active-duty end strength limitations certain reserve personnel on active duty for 181 days or more in support of peacetime requirements of the military services and combatant commands. Subtitle C: Reserve Mobilization Income Insurance Fund - Authorizes appropriations for the Reserve Mobilization Income Insurance fund. Title V: Military Personnel Policy - Subtitle A: Active Forces - Authorizes the Secretary to determine the composition of selective early retirement boards convened for determining retirement status with respect to Naval Reserve rear admirals or Marine Corps Reserve major generals. (Sec. 503) Provides active status service requirements, for promotion consideration purposes, for Army and Air Force Reserve brigadier generals. (Sec. 504) Authorizes the posthumous appointment of officer commissions and warrants, making the date of appointment the date of death. (Sec. 505) Excludes regular chief warrant officers in the W-4 grade from provisions requiring involuntary retirement due to non-selection for promotion. (Sec. 506) Adds required procedures for the selection of judge advocate generals and assistant or deputy judge advocate generals of the military departments. (Sec. 507) Establishes a three-year term of office for the Chief of the Air Force Nurse Corps. (Sec. 508) Provides time-in-grade requirements for reserve general and flag officers who are involuntarily transferred from an active status. (Sec. 509) Eliminates the requirement for a board of review after a board of inquiry determination relating to an officer's substandard performance of duty or certain other findings. (Sec. 510) Authorizes retired and former officers to be considered for promotion by special promotion selection boards. Subtitle B: Reserve Forces - Authorizes the Secretary of the military department concerned to order members under his jurisdiction to perform functions in support of the defense agencies and either the active or reserve components. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Military Pay - Waives any FY 1999 military pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases the rate of basic pay of members of the uniformed services by 3.1 percent, effective January 1, 1999. Subtitle B: Bonuses and Special and Incentive Pays - Extends through FY 2001 certain bonuses and special pay for specially skilled military personnel, including nuclear-qualified personnel. (Sec. 612) Extends through FY 2000 certain bonuses and special pay authorities for reserve personnel. (Sec. 613) Extends through FY 2001 the special pay authority for nurse anesthetists. (Sec. 614) Provides reenlistment bonus eligibility for reserve personnel who perform active National Guard and Selected Reserve duty. (Sec. 615) Increases from $4,000 to $6,000 the maximum bonus for Army enlistment. Subtitle C: Other Matters - Authorizes the Secretary, or the Secretary of Transportation with respect to the Coast Guard when it is not operating under the Navy, to provide a transportation allowance for rest and recuperation travel during a period in which personnel perform at a duty station within a contingency operation, or in other appropriate circumstances as determined by such Secretary. Provides allowance limits. (Sec. 622) Deletes the Panama Canal Zone from inclusion within the definition of a U.S. possession. (Sec. 623) Allows for the storage of unaccompanied baggage of military dependent students. (Sec. 625) Provides for the restoration of annual leave lost due to the closure of an installation in the Republic of Panama in accordance with the Panama Canal Treaty of 1977. Extends through December 31, 2003, the period during which annual leave lost due to the closure of a military installation under a base closure law will be restored. (Sec. 627) Authorizes the Superintendent of a U.S. military academy to order a cadet or midshipman to be placed on involuntary leave without pay: (1) after a suspension pending separation; (2) to repeat an academic semester or year; or (3) for other good cause. (Sec. 628) Repeals the requirement that no more than ten percent of reenlistment bonuses paid during a fiscal year exceed $20,000. (Sec. 629) Amends the Defense Dependents' Education Act of 1978 to authorize the Secretary, and the Secretary of Transportation with respect to the Coast Guard in appropriate circumstances, to provide an educational allowance to the sponsors of military dependent students in overseas areas in which DOD has not established defense dependents' schools. (Sec. 630) Amends the Civilian Health Medical Program of the the Uniformed Services (CHAMPUS) concerning the defense plan for military dependents to: (1) revise the premium amount; and (2) authorize the integration of a basic dental benefit plan into the TRICARE Program (a DOD managed care program). (Sec. 631) Provides for the recovery, care, and disposition of remains of military personnel who die while hospitalized after having been retired by reason of medical disability for an injury, illness, or disease incurred while on active duty, as long as the hospitalization has been continuous since such retirement. (Sec. 632) Revises the voluntary separation incentive program to ensure continued eligibility for members who involuntarily lose membership in a reserve component due to age, years of service, failure of promotion, or medical disqualification. (Sec. 633) Revises the defense domestic dependent elementary and secondary school program to: (1) allow dependents of Federal employees not residing on a military installation to be enrolled in a school program for more than five consecutive school years, at the discretion of the Secretary, where the dependent is qualified, space is available, and the Secretary will be reimbursed for educational services provided. Authorizes the enrollment in such school of the dependent of military personnel assigned to a remote or unaccompanied assignment when such dependent is residing in a U.S. territory, commonwealth, or possession. (Sec. 634) Extends until October 1, 2003: (1) the period during which the Secretary concerned may reduce the required term of active service before qualification for retirement for regular or reserve commissioned officers; (2) the period of exemption from required retirement for certain limited duty Navy commanders and captains; and (3) the exemption from mandatory retirement for failure of promotion for certain Navy and Marine Corps officers designated for limited duty. Title VII: Acquisition Policy and Management - Limits the authority of the head of a defense procuring activity to delegate the approval of the use of noncompetitive procedures in the procurement process. Amends the Federal Property and Administrative Services Act of 1949 to set similar limits with respect to the head of a Federal procuring activity. (Sec. 702) Repeals a provision stating that a defense contractor or subcontractor who is granted a waiver from procurement cost or pricing data requirements shall be considered to have met such requirements for purposes of tiered contracts (contracts having one or more contractors and subcontractors). Makes a similar repeal under the Federal Property and Administrative Services Act of 1949 with respect to nondefense contractors or subcontractors. (Sec. 704) Repeals a provision requiring equal allocation of procurement technical assistance program funding among Defense Contract Administrative Services regions. (Sec. 705) Amends the Defense Acquisition Improvement Act of 1986 to repeal the requirement of certain Defense Inspector General oversight of undefinitized contractual actions. (Sec. 706) Amends the Contracts Disputes Act of 1978 to specify the date for the Government payment of interest on contractor cost claims. (Sec. 707) Requires personnel to be assigned to the following positions for no fewer than three years: (1) program manager or deputy manager for a significant nonmajor defense acquisition program; (2) program executive officer; (3) general or flag officer or equivalent position; or (4) senior contracting official. (Currently, such requirement extends only to critical acquisition positions.) (Sec. 708) Makes eligible for the defense acquisition corps certain personnel who served as a GS-13 or above but were downgraded below such level due to a reduction in force, a base closure, or reason other than for cause. (Sec. 709) Amends the Federal Acquisition Streamlining Act with respect to a test program within the Office of Federal Procurement Policy of alternative and innovative procurement procedures to: (1) remove the requirement that no more than one such test be conducted in any single procuring agency; (2) allow two (currently, one) contracts awarded for such tests to exceed $5 million; (3) reduce from 270 to 120 days before the conduct of a test the date by which a detailed test plan is required to be submitted to specified congressional committees; and (4) extend until January 1, 2003, the termination of the test program. (Sec. 710) Amends the National Defense Authorization Act for Fiscal Year 1991 to: (1) remove the word "Pilot" from the Mentor-Protege Pilot Program; (2) authorize DOD to conduct an initiative that would allow DOD to participate in the mentoring of women-owned small business proteges; and (3) expand the definition of a disadvantaged small business concern for purposes of such Program. (Sec. 711) Authorizes holding General Accounting Office protest proceedings in abeyance when the agency involved has agreed to suspend contract award or performance pending completion of any agency protest procedure and any subsequent protest timely filed before the Comptroller General. (Sec. 712) Amends the Department of Defense Appropriations Act, 1993 to revise restrictions on DOD procurement from foreign sources of cotton, silk, wool and other natural fibers and specified derivative products. Title VIII: Department of Defense Management - Subtitle A: General Management - Increases from $5 million to $10 million the authorized annual DOD expenditures for the humanitarian clearance of landmines. Prohibits more than ten percent of such funds from being used to pay reserve personnel performing duty in connection with landmine clearing training and related activities. (Sec. 802) Authorizes the Secretary to impose a surcharge for dishonored checks issued to the Defense Commissary Agency and to deposit collected amounts in the commissary trust revolving fund for payment of costs incurred in collecting on such checks. Provides authorized means of collection, including military pay or entitlements deductions, Federal withholdings, or the use of private collection agencies. (Sec. 803) Amends the Armed Forces Retirement Home Act of 1991 to revise generally the retirement home inspection requirements of the DOD Inspector General. (Sec. 804) Amends the National Security Act of 1947 to exempt operational files of the National Imagery and Mapping Agency (NIMA) from certain public search, review, publication, and disclosure requirements of the Freedom of Information Act. Provides for: (1) exceptions; and (2) judicial review of contested cases of withheld records. Requires the Directors of NIMA and Central Intelligence, at least every ten years, to review exempted records to determine whether they may be removed from exemption. Provides for judicial enforcement of such review requirement. (Sec. 805) Authorizes the Secretary to withhold from public disclosure any geodetic product that the Secretary has determined would, if disclosed, interfere or unfairly compete with an emerging or existing commercial industry or market operation. (Sec. 806) Repeals a provision of the National Defense Authorization Act for Fiscal Year 1998 which requires certain prior approval procedures with respect to the export of high performance computers. (Sec. 807) Amends the National Defense Authorization Act for Fiscal Year 1991 to repeal a provision concerning the authority to waive certain requirements prior to the transfer of the tactical airlift mission to the reserve components. (Sec. 808) Requires funds received from the Federal Republic of Germany representing its share of the costs of the George C. Marshall European Center for Security Studies to be used for Center costs. Authorizes the Secretary to waive reimbursement of certain Center costs for military officers and civilian officials of cooperation partner states of the North Atlantic Cooperation Council or the Partnership for Peace when determined to be in the national security interest. Provides a similar waiver with respect to the Asia Pacific Center for Security Studies for military officers and civilian officials of the Asia Pacific Region. Subtitle B: Department of Defense Personnel Management - Authorizes the Secretary to commence a demonstration project of proposals for improving the personnel management policies or procedures for the Defense Commissary Agency. Provides project terms and conditions, limiting the project's scope to the Agency's workforce. Provides project conditions with respect to employees covered by a collective bargaining agreement. (Sec. 812) Eliminates an employment preference program for the hiring of military spouses as DOD child care employees. (Sec. 813) Preserves certain civil rights protection for former Defense Mapping Agency employees who continue such employment with NIMA. (Sec. 815) Authorizes (currently requires) the Secretary to establish a program for U.S. scientists, engineers, and managers to learn Japanese language and culture. (Sec. 816) Authorizes the Secretary, for five years, to appoint scientific and engineering personnel to conduct experimental research and development through the Defense Advanced Research Projects Agency. Directs the Secretary to report annually to the defense committees on the use of such authority. Title IX: General Provisions - Subtitle A: Financial Matters - Repeals the requirement for a: (1) separate budget request for the procurement of reserve equipment; and (2) two-year DOD budget cycle. (Sec. 903) Amends the Department of Defense Authorization Act, 1986 to require the Director of the Federal Emergency Management Agency (FEMA) to administer a program to provide off-post emergency preparedness to protect the public in the vicinity of installations where lethal chemical agents and munitions are stored. Authorizes the Director to establish an incentive program to encourage States and local governments to achieve early, efficient, and cost-effective preparedness. Requires the Director to report annually to the Congress on program activities. Requires program funds to be set out in a separate defense-related FEMA account. (Sec. 904) Authorizes the Secretary to transfer funds from specified defense accounts for combating terrorism or for force protection. (Sec. 905) Authorizes the Secretary to transfer funds between DOD investment appropriations within acquisition category I and II programs or clearly defined groups of associated acquisition programs, with transfer limits of $500 million per year and $20 million per program. (Sec. 906) Requires annual amounts requested for activities of the Ballistic Missile Defense Organization to be set forth in accordance with specified program elements. Requires amounts requested for Theater and National Missile Defense major defense acquisition programs to be specified in individual dedicated program elements, and to be available only for Ballistic Missile Defense activities. Requires management and support requests to be included within the program elements. (Sec. 907) Authorizes the Secretary, after 30 days' prior notification to the appropriate congressional committees, to transfer funds from DOD O&M accounts to military personnel accounts, to be used for military family housing privatization projects. (Sec. 909) Authorizes the Secretary to pay licensing or other fees to foreign countries or international organizations in connection with the sale there of maps, charts, and navigational books. (Sec. 910) Authorizes the Secretary concerned to charge and retain fees for providing historical information to public requesters from the United States Army or Air Force Military History Institute or the Naval or Marine Corps Historical Center. Subtitle B: Miscellaneous Report Requirements and Repeals - Repeals a report: (1) concerning a NATO conventional defense assessment of allied performance, NATO conventional defense capabilities, and allied burdensharing; (2) relating to the joint training of special operations forces with friendly foreign forces; (3) on the Defense Business Operations Fund; (4) on the Defense Contract Audit Agency's authority to subpoena records of defense contractors; (5) on the use of funds from the lease of non-excess DOD property; (6) concerning the alternative utilization of military facilities; and (7) concerning a proposed contract for the sale of Gregg Circle Area, Fort Jackson, South Carolina. (Sec. 918) Requires the report on demonstration projects relating to the military health care delivery system to be submitted annually (currently, semiannually). (Sec. 922) Provides an exception from the requirement for a report from the Secretary concerned to the defense committees before entering into certain real property transactions with respect to any such transaction made in connection with a declaration of war, national emergency, or major disaster, a riot, or a contingency operation. Requires such a report within 30 days after entering into such a transaction. (Sec. 923) Repeals certain notification requirements with respect to DOD Inspector General investigations. (Sec. 924) Amends the Department of Defense Appropriations Act, 1989 to repeal the reporting of certain elements of DOD overseas basing costs. (Sec. 925) Directs the Secretary concerned to notify the appropriate congressional committees in the case of architectural and engineering services and construction design for which the estimated costs exceed $500,000 (currently $300,000). Subtitle C: Matters Relating to Terrorism - Authorizes the Chairman of the Joint Chiefs of Staff (currently, only the Secretaries of Defense and the military departments) to purchase right-hand drive motor vehicles for use in a foreign country. Authorizes each such official to purchase nontactical armored passenger vehicles under emergency situations for combating terrorism and for military force protection support. (Sec. 932) Authorizes the Secretary to make DOD personnel available to operate equipment with respect to a foreign or domestic counterterrorism operation or a rendition of a suspected terrorist from a foreign country to the United States for trial. Subtitle D: Matters Relating to Counter Drug Operations - Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 2004 DOD's authority to provide support to other Federal agencies and law enforcement officials for counter-drug activities. Authorizes the Secretary to conduct domestic outreach programs to reduce the demand for illegal drugs among youths. (Sec. 942) Amends the National Defense Authorization Act for Fiscal Year 1997 to: (1) authorize DOD to provide counter-drug support for specified Caribbean countries; (2) extend through FY 2004 the authority to provide such support; and (3) increase the amount authorized for such purpose. Subtitle E: Other Matters - Redefines "financial institution" for purposes of Federal Government reimbursement of charges incurred by military personnel or Federal employees because of Government error in the direct deposit of pay. (Sec. 952) Amends the Supplemental Appropriations Act, 1987 to authorize drug test results of civil service mariners of the Military Sealift Command to be released to the Coast Guard to the same extent that similar submissions are required from commercial vessel operators. (Sec. 953) Provides for the disposition of amounts collected through military claims services from third parties for loss or damage to personal property shipped or stored at Government expense. (Sec. 954) Allows polychlorinated biphenyls located outside of U.S. customs territory but in U.S. possession and control to be imported for disposal within U.S. customs territory. (Sec. 955) Authorizes the Secretary of the Army to lease up to 500 units in Italy and 800 units in Korea, subject to the maximum lease amount, for military family housing purposes. (Sec. 956) Authorizes the Secretary to conduct a pilot program under which the Secretary's agent would be exempt from providing a copy of notice or service as currently required when providing notice and taking action to enforce obligations for child support and alimony payments among military personnel under provisions of the Social Security Act. Requires a report describing the program from the Secretary to the Speaker of the House and the President of the Senate. Terminates the program at the end of FY 2000. (Sec. 957) Authorizes the Secretary of the Navy to enter into the long-term charter of three specified vessels in support of Navy submarine rescue, escort, and towing.
Bill· HRH.R. 3624 (105th)referred
United States · United States Congress · 1 April 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: Right to Financial Privacy Act of 1978 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. 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 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 Secretary to develop 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 - Elder Abuse Identification and Referral Act of 1998 - Amends the Public Health Service Act to instruct the Secretary, when awarding grants or contracts, to give preferences to health professions schools or programs that condition the awarding of their degrees or certificates upon significant student training in specified areas of elder abuse identification and treatment. Title V: Right to Financial Privacy Act of 1978 - Amends the Right to Financial Privacy Act of 1978 to permit a financial institution to report suspected financial exploitation of an older individual to law enforcement entities, or government-regulated adult protective services entities. Shields such institution from liability for making such disclosure.
Bill· HRH.R. 3676 (105th)referred
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: National Food Safety Program Title II: Research and Education Title III: Enforcement Title IV: Authorization Consumer Food Safety Act of 1998 - Title I: National Food Safety Program - Declares that persons who produce or process food for human consumption are responsible for preventing or minimizing food safety hazards. Mandates a national program to protect human health by ensuring that the food industry has effective safety programs for food consumed in the United States. Includes in required program elements: (1) oversight procedures; and (2) health-based standards for possible food contaminants and safety and sanitation in food processing and handling. (Sec. 102) Requires that any food processing facility and importer register. (Sec. 103) Mandates regulations: (1) setting standards for sanitation and tolerances for biological, chemical, and physical hazards; (2) requiring process controls, recordkeeping, and sampling; and (3) providing for agency records access. (Sec. 104) Mandates unannounced inspections at least quarterly of processing and importing facilities. (Sec. 105) Mandates tolerances (including indicators) for contaminants, except for pesticide residues regulated under specified provisions of the Federal Food, Drug, and Cosmetic Act (FDCA). (Sec. 106) Authorizes assistance to a State in planning and implementing a food safety program (including advice, technical and laboratory assistance and training, and financial aid). Authorizes, under agreements with Federal, State, or local agencies, on a reimbursable basis or otherwise, use of the personnel, services, and facilities of such agencies. (Sec. 107) Mandates a comprehensive and efficient system to ensure imported food safety, including routine inspections of processing facilities in exporting nations and of imports at ports of entry. Prohibits importing, or withdrawing from a warehouse for U.S. consumption, of a food that appears unsafe, adulterated, or misbranded, is not marked or labeled as required, or does not comply with this section. Deems foods not so prohibited to be, and requires that they be treated (except for origin labeling) as, domestic. Authorizes the Secretary of Health and Human Services to enter into an agreement with any nation desiring to export food to the United States. Sets forth requirements for the agreement, including that the exporting nation agree to reciprocity regarding the treatment of food imports and exports between the United States and the exporting nation. Title II: Research and Education - Mandates: (1) inclusion of food in an active surveillance system and more accurate assessment of the frequency and sources of U.S. human illness associated with food; (2) establishment of guidelines for a sampling system; and (3) ranking of food categories based on their hazard to human health and identification of industry and regulatory approaches to minimize hazards. (Sec. 202) Requires: (1) a national food safety public education program; (2) regional and national food safety advisories; (3) standardized written and broadcast advisory formats; and (4) incorporation of State and local advisories into the national program. (Sec. 203) Mandates research to assist in the implementation of this Act. Title III: Enforcement - Amends the FDCA to require any person (other than an intended consumer) with a reasonable basis for believing that any food in interstate commerce (or held for sale after interstate shipment) may be in violation of this Act to notify the Secretary of the food's identity and location. Provides, if the Secretary finds that there is a reasonable probability that the food, if consumed, would present a public health threat, for voluntary and mandatory recalls. Authorizes civil monetary penalties for violations of this Act. Prohibits retaliation against employee or other whistleblowers or against a person who refuses to violate a law, rule, or regulation. Applies specified FDCA provisions to this Act for this Act's administration and enforcement. Authorizes the Secretary to impose traceability requirements on a type or class of food when necessary to assure the protection of public health. Allows any person to commence a civil action against: (1) any person who violated any rule, tolerance, order, or other action of the Secretary to ensure food safety; or (2) the Secretary for alleged failure to perform any nondiscretionary act or duty. Title IV: Authorization - Authorizes appropriations to carry out this Act.
Bill· HRH.R. 3640 (105th)referred
United States · United States Congress · 1 April 1998
Medicaid Child Eligibility Improvement Act of 1998 - Amends title XIX (Medicaid) of the Social Security Act to permit public schools, child care resource and referral agencies, and child support enforcement agencies to determine presumptive eligibility for children under the Medicaid program.
Bill· HRH.R. 3692 (105th)referred
United States · United States Congress · 1 April 1998
Waives a specified time limitation under the Public Health Service Act with respect to a petition for compensation filed by a named individual for vaccine-related injuries.
Bill· HRH.R. 3639 (105th)referred
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Drug Abuse Prevention and Treatment Administration Title II: Programs and Functions of Administration Subtitle A: Transfers from Substance Abuse and Mental Health Services Administration; Transfers from Other Agencies Subtitle B: Additional Provisions Regarding Prevention and Treatment of Substance Abuse Subtitle C: Funding Title III: Advisory Council; Peer Review Title IV: Miscellaneous Authorities Title V: Disposition of Remaining Programs and Functions of Substance Abuse and Mental Health Services Administration Title VI: General Provisions Drug Abuse Prevention and Treatment Consolidation and Reorganization Act of 1998 - Title I: Drug Abuse Prevention and Treatment Administration - Establishes as an independent agency in the Department of Health and Human Services (HHS) the Drug Abuse Prevention and Treatment Administration, to be headed by an Administrator appointed by the President by and with the advice and consent of the Senate. Title II: Programs and Functions of Administration - Subtitle A: Transfers from Substance Abuse and Mental Health Services Administration; Transfer from Other Agencies - Transfers to the Administration programs and functions: (1) relating to the Center for Substance Abuse Treatment, Public Health Service Act substance abuse block grants, or the Substance Abuse and Mental Health Services Administration (SAMHSA); (2) under the Safe and Drug-Free Schools and Communities Act of 1994; (3) under specified provisions of the Anti-Drug Abuse Act of 1988 administered by HHS' Administration for Children and Families (relating to drug abuse and youth gangs and or runaway and homeless youth); (4) under the Public and Assisted Housing Drug Elimination Act of 1990; and (5) under the Drug-Free Public Housing Act of 1988. Subtitle B: Additional Provisions Regarding Prevention and Treatment of Substance Abuse - Mandates a program to coordinate public and nonprofit private entity activities to provide for a nationwide network for substance abuse prevention. Authorizes grants to assist communities in coordinating substance abuse prevention services. (Sec. 212) Mandates coordination of Administration and Office of National Drug Control Policy activities. Subtitle C: Funding - Authorizes appropriations for the Administration. Title III: Advisory Council; Peer Review - Mandates an advisory council and peer review of grants and cooperative agreements. Title IV: Miscellaneous Authorities - Sets forth miscellaneous authorities of the Secretary of HHS and the Administrator, including regarding facilities (acquiring, constructing, improving, etc.) and the use of personnel, consultants, experts, and volunteers. Title V: Disposition of Remaining Programs and Functions of Substance Abuse and Mental Health Services Administration - Transfers to HHS' Health Resources and Services Administration all functions of SAMHSA not transferred under title II of this Act. Terminates SAMHSA. Title VI: General Provisions - Sets forth transitional and savings provisions and makes conforming amendments.
Bill· HRH.R. 3655 (105th)referred
United States · United States Congress · 1 April 1998
Youth Tobacco Possession Prevention Act - Awards a State five additional points for each application to the Department of Health and Human Services for a competitive health-related grant if, before 2006, it enacts and implements a law prohibiting the sale of tobacco products to individuals under the age of 18. Specifies penalties for possession (including fines, completion of a tobacco education or cessation program, tobacco-related community service, and driver's license suspension), sale, or distribution, increasing penalties for repeated offenses. Mandates parental notification.
Bill· HRH.R. 3651 (105th)referred
United States · United States Congress · 1 April 1998
Medicare Home Health Agency Efficiency Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, with respect to the interim payment system for home health services. Replaces the current reasonable cost limit under the system (105 percent of the median of per visit costs of freestanding home health agencies) with: (1) 110 percent of the mean of such costs (during FY 1998); and (2) 107 percent of such mean (for cost reporting periods beginning on or after October 1, 1998). Repeals the two-year freeze on payment increases for such services. Revises the formula for the per beneficiary annual limitation. Requires the Secretary of Health and Human Services to establish, according to a specified formula, a per beneficiary efficiency standard for services furnished by home health agencies for cost reporting periods beginning on or after October 1, 1997. Repeals the default reduction of interim limits.
Bill· HRH.R. 3629 (105th)referred
United States · United States Congress · 1 April 1998
Safer Seniors Medical Care Act of 1998 - Prohibits the Secretary of Health and Human Services from promulgating any regulation, rule, or other order if its effect is to eliminate or modify any requirement under title XVIII (Medicare) of the Social Security Act for physician supervision of anesthesia services, as such requirement was in effect on December 31, 1997.
Bill· SS. 1889 (105th)open
United States · United States Congress · 31 March 1998
TABLE OF CONTENTS: Title I: Incentives to Reduce Youth Tobacco Use Subtitle A: National Tobacco Trust Fund Subtitle B: Payments to States Subtitle C: Annual Youth Tobacco Use Reductions Title II: Regulation of the Tobacco Industry Subtitle A: Food and Drug Administration Jurisdiction and General Authority Subtitle B: Regulation of Tobacco Products Subtitle C: Manufacturer and Product Seller Licensing and Anti-Smuggling Subtitle D: Penalties Title III: Public Health Initiatives Subtitle A: State-Federal Anti-Tobacco Partnership Subtitle B: Health Research Program Subtitle C: Miscellaneous Provisions Title IV: Liability Provisions and Consent Decrees Subtitle A: Liability Provisions Subtitle B: Consent Decrees Title V: Tobacco Farm Family and Community Assistance Trust Fund Title VI: Reducing Exposure to Environmental Tobacco Smoke Title VII: Miscellaneous Provisions Kids Deserve Freedom From Tobacco Act of 1998 - KIDS Act - Title I: Incentives to Reduce Youth Tobacco Use - Subtitle A: National Tobacco Trust Fund - (Sec. 101) Establishes the National Tobacco Trust Fund. Appropriates and transfers to the Fund amounts received under section 102, paid under section 103, and repaid or recovered under subtitle B. Authorizes appropriations to the Fund as repayable advances. Requires that Fund amounts be appropriated by the Appropriations committees of the Congress exclusively for this Act's purposes. Allows those Committees to transfer funds among this Act's programs, prohibiting certain transfers. Requires that amounts be made available, according to tables of percentages of Fund amounts, for specified programs and activities. Prohibits taking into account amounts appropriated under this paragraph and outlays from those appropriations for any budget enforcement under the Congressional Budget of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985. Amends title XIX (Medicaid) of the Social Security Act to declare that certain Medicaid overpayment provisions do not apply to amounts recovered or paid to a State as part of a settlement or judgment reached in State litigation against tobacco manufacturers. Requires the Office of Management and Budget to annually determine whether section 102 payments decreased excise tax collections under Internal Revenue Code chapter 52 (Tobacco Products and Cigarette Papers and Tubes). Mandates, if there is a shortfall, a transfer from the Fund to the Treasury. (Sec. 102) Mandates initial and annual payments to the Fund by each manufacturer based on market share. Waives payments for a manufacturer in any year if that manufacturer's tobacco product is used by less than one half of one percent of all children who used any tobacco product that year. Applies this section to manufacturers who begin manufacturing tobacco products after enactment of this Act and imposes a penalty for failure of such manufacturers to make a payment. Exempts a manufacturer that has resolved tobacco civil actions with more than 25 States before January 1, 1998, and offers to enter similar agreements with all other States. Requires manufacturers to increase prices to reflect the assessment. Declares that, if a manufacturer fails to make a required payment: (1) the liability provisions of subtitle A of title IV do not apply; (2) penalties must be imposed under section 103; and (3) the manufacturer's license (under section 222) must be revoked until the assessment is paid. Makes 25 percent of the payment, and penalties under subtitle B, not an ordinary and necessary business expense for purposes of the Internal Revenue Code and not tax deductible. Amends the Federal bankruptcy code regarding the priority of unsecured Federal claims for payments, assessments, or penalties to be paid into the Fund. (Sec. 103) Directs the Secretary of the Treasury to enforce section 102 regarding nonpayment. Regulates the penalty amount. Declares that no financial responsibility or liability of any person under this Act shall be extinguished, reduced, or modified as the result of any bankruptcy proceeding. Subtitle B: Payments to States - (Sec. 111) Authorizes appropriations to reimburse each State for State expenditures for the treatment of tobacco-related conditions. Sets forth the percentages to be received by each State. Allows a State to use 50 percent for any activities determined appropriate by the State. Requires a State to use at least 50 percent for additional activities or services under: (1) Social Security Act titles IV (part A) (Temporary Assistance for Needy Families) (TANF), V (Maternal and Child Health Services), XIX (Medicaid), XX (Block Grants to States for Social Services), and XXI (Children's Health Insurance); (2) Public Health Service Act provisions relating to the community health center program and preventive health service block grants; (3) State-administered programs under the authority of the Substance Abuse and Mental Health Services Administration; (4) federally funded child welfare and abuse programs; (5) federally funded child care programs; (6) programs for disabled children; (7) specified provisions of the Child Nutrition Act of 1966, the Individuals With Disabilities Education Act, the Community Services Block Grant Act, the Head Start Act, the Food Stamp Act of 1977, and the Low-Income Home Energy Assistance Act of 1981; (8) the even start family literacy program under specified provisions of the Elementary and Secondary Education Act of 1965; (9) federally funded programs assisting general public elementary and secondary education; and (10) other anti-tobacco or health activities. (Sec. 112) Mandates an annual grant to each State that achieves high performance in underage reduction. Requires that amounts under section 101 be made available for the grants. Subtitle C: Annual Youth Tobacco Use Reductions - Mandates an annual survey to determine the percentage of individuals under 18 who use tobacco and their usual brand. Declares that, notwithstanding any other provision of law, the survey may be conducted involving minors if the results regarding the minors are kept confidential and not disclosed. (Sec. 133) Requires annual determinations of whether the required percentage underage use reductions have been achieved. Sets forth a schedule of required percentage reductions. (Sec. 134) Mandates an industry-wide penalty if required reductions are not achieved, increasing the penalty as the reduction achieved is further from the target and for consecutive year failures. Requires payment by each manufacturer based on market share for the type of tobacco product involved. Mandates a penalty on a manufacturer that does not achieve required percentage underage use reductions, increasing the penalty as the reduction achieved is further from the target and for consecutive year failures. Makes the penalties under this subtitle not ordinary and necessary business expenses for purposes of the Internal Revenue Code and not deductible. Specifies the portions of penalties to be used for smoking cessation, prevention, counter-advertising, and biomedical and applied research programs under certain provisions of this Act. (Sec. 135) Imposes a penalty on a manufacturer for failure to make any payment required under this subtitle. Title II: Regulation of the Tobacco Industry - Subtitle A: Food and Drug Administration Jurisdiction and General Authority - Deems specified regulations (relating to cigarettes and smokeless tobacco) to have been lawfully promulgated under the Food, Drug and Cosmetic Act (sic) and requires that they apply to all tobacco products. (Sec. 203) Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to add nicotine in tobacco products to the definition of "drug" and nicotine-containing tobacco products to the definition of "device." Adds the manufacture, labeling, distribution, advertising, and sale of tobacco in violation of the FDCA or this Act to the FDCA list of prohibited acts. Authorizes the Secretary of Health and Human Services to regulate tobacco as a drug, device, or both. (Sec. 204) Prohibits the Secretary from prohibiting the sale of tobacco products to adults that comply with performance standards. (Sec. 205) Declares that, for tobacco products, safety and effectiveness need not be assured if the Secretary finds that device class II special controls achieve the best public health result, determined considering the risks and benefits to the population as a whole, including users and nonusers. Authorizes recall of tobacco products if the Secretary finds that the best public health result would be achieved. Subtitle B: Regulation of Tobacco Products - Authorizes the adoption of a tobacco performance standard. Mandates establishment of a Scientific Advisory Committee to evaluate whether a level or range of levels exists at which nicotine does not produce drug dependence. (Sec. 212) Mandates a determination of whether persons under 18 are obtaining tobacco by mail. Authorizes regulatory and administrative action to restrict or eliminate mail tobacco sales. Mandates: (1) specified cigarette and smokeless tobacco package and advertising warning labels; and (2) regulations establishing warning labels for other tobacco products. Declares that this section does not relieve any person from liability at common law or under State statutory law. Deems misbranded any tobacco product in violation of this paragraph. Requires tobacco manufacturers to annually: (1) disclose to the Secretary tobacco product ingredients for each tobacco brand; and (2) submit a safety assessment for each new ingredient a manufacturer wants to include in a tobacco product. Requires tobacco packages to disclose all ingredients. Allows the Secretary to require public disclosure of any ingredient relating to a trade secret if the Secretary determines that disclosure will promote public health. Prohibits label or advertising statements implying a reduced health risk unless the manufacturer so demonstrates prior to making the statement. Requires any manufacturer that develops or acquires reduced risk technology to notify the Secretary. Requires each tobacco manufacturer to disclose to the Secretary all nonpublic information and research relating to addiction, dependency, or the health or safety of tobacco products. Requires that the Secretary have the same access to tobacco manufacturer records and information and inspection authority as is available regarding manufacturers of other medical devices. Mandates tobacco good manufacturing practice standards. (Sec. 213) Authorizes appropriations to carry out this subtitle. (Sec. 214) Repeals: (1) the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986 (except for specified sections of each); and (2) the Comprehensive Smoking Education Act of 1964. Subtitle C: Manufacturer and Product Seller Licensing and Anti-Smuggling - Establishes a minimum Federal licensing and registration program providing for a comprehensive system to support State efforts to collect State tobacco excise taxes and to prevent tobacco contraband activities. Requires use of amounts from section 101 to carry out this paragraph. (Sec. 223) Prohibits engaging in the business as a manufacturer, importer, exporter, or wholesaler of tobacco products without a license. Mandates a license fee and requires a separate license and fee for each place of business. Prohibits engaging in the business as a tobacco retailer without having registered with and paid a fee to the Secretary. Requires a separate registration and fee for each place of business. (Sec. 224) Makes it unlawful for any: (1) person except a licensed manufacturer, exporter, importer, or wholesaler or registered retailer to engage intentionally in the business of tobacco manufacturing, exporting, importing, wholesaling, or retailing; (2) licensed importer, manufacturer, or wholesaler intentionally to ship or receive tobacco products from or to any nonlicensed or nonregistered person; (3) registered retailer to intentionally receive tobacco products from a nonlicensed manufacturer, importer, or wholesaler or to sell or offer for sale more than 50 packages in a single transaction; (4) licensed exporter intentionally to ship, sell, or deliver for sale tobacco products to any nonlicensed manufacturer, nonlicensed importer, nonlicensed wholesaler, or foreign purchaser, receive tobacco products from any nonlicensed manufacturer, importer, or wholesaler, or ship, sell, or transfer tobacco products intended for export unless the package is marked for export only; or (5) person intentionally to ship, receive, possess, sell, distribute, or purchase contraband tobacco products in or affecting interstate commerce. (Sec. 225) Provides for criminal or civil penalties for violations of section 224. Mandates seizure and forfeiture of any conveyance, tobacco products, or monetary instrument involved in, or proceeds traceable to, a violation of this subtitle. (Sec. 226) Authorizes appropriations of amounts provided under section 101 to enable the Department of the Treasury to carry out certain activities under this subtitle. Mandates, in establishing a controlled commodity tracking system for tobacco, evaluation of an innovative anti-diversion system that can be implemented at the manufacturing level to track products to the point of retail sale. (Sec. 227) Authorizes the Secretary, in the Secretary's sole discretion, to set the licensing and registration fees in amounts as necessary to recover the administrative costs of this subtitle, including preventing contraband trafficking. (Sec. 232) Amends Federal criminal code provisions relating to trafficking in contraband cigarettes to decrease the number of cigarettes necessary to qualify as, and otherwise modify the definition of, "contraband cigarettes." Modifies recordkeeping and inspection requirements. Subtitle D: Penalties - Amends the FDCA to mandate civil monetary penalties on manufacturers for violations of the FDCA or this Act. Provides for the revocation or suspension of a license or registration of a manufacturer, exporter, importer, wholesaler, or retailer who violates any provision of this Act. Title III: Public Health Initiatives - Subtitle A: State-Federal Anti-Tobacco Partnership - Chapter 1: School- and Community-Based Programs - Establishes a program to award cooperative agreements to States for school-based programs concerning tobacco use dangers and community-based prevention programs, with the allocation of funds being made partly on the basis of population and partly on need. Authorizes appropriations of amounts provided under section 101 to carry out this section. (Sec. 302) Establishes the National Event Sponsorship Program of grants for the sponsorship of athletic, musical, artistic, or other social or cultural activity or team that was sponsored by a tobacco manufacturer or distributor before enactment of this Act. Authorizes appropriations of amounts provided under section 101 to carry out this section. Terminates the Program ten years after enactment of this Act. Chapter 2: Counter-Advertising Programs - Mandates programs to reduce tobacco usage through media-based (such as counter-advertising campaigns) and nonmedia-based education, prevention, and cessation campaigns. Establishes the Anti-Tobacco Public Education Board to make contracts and grants for the development and dissemination of public information to reduce tobacco use. Authorizes appropriations of amounts provided under section 101 to carry out this section. Chapter 3: National Cessation Program - Establishes the National Tobacco Cessation Program of grants, contracts, and cooperative agreements to expand the availability and use of tobacco use cessation products and services. Requires that: (1) at least $30 million of the amount available each year to carry out this section be made available to the Agency for Health Care Policy and Research to support and conduct periodic analyses of interventions for smoking cessation and strategies for disseminating and implementing those services; and (2) the Centers for Disease Control and Prevention (CDCP) conduct research on tobacco use cessation. Requires that amounts made available under section 101 be used to carry out this section. (Sec. 322) Mandates development of data sets for uniformly defining levels of youth and adult tobacco use. Declares that specified provisions of the Omnibus Budget Reconciliation Act of 1981 shall not apply regarding audits of funds allotted under this chapter. Subtitle B: Health Research Program - Chapter 1: National Fund for Health Research - Establishes in the National Tobacco Trust Fund the National Fund for Health Research (Research Fund). Authorizes appropriations of amounts provided under section 101 to carry out this section. Requires that appropriations be made under this section to each member Institute or Center of the National Institutes of Health in proportion to the amount otherwise annually appropriated for each Institute or Center. Chapter 2: Tobacco Prevention Research - Establishes the National Tobacco Research Task Force to foster coordination among groups that conduct or support tobacco-related research. (Sec. 336) Requires that the CDCP carry out tobacco-related research and surveillance and epidemiologic studies. Authorizes appropriations of amounts provided under section 101 to carry out this section. Subtitle C: Miscellaneous Provisions - Authorizes the use of up to specified percentages of amounts made available under this title's programs for administration. (Sec 342) Mandates withholding of funds from any State that does not use amounts provided under this title in accordance with requirements. (Sec. 343) Considers, for discrimination provisions of specified statutes relating to age, handicap, sex, race, color, or national origin, activities funded with funds made available under this title to be activities receiving Federal financial assistance. Prohibits discrimination on the basis of sex or religion in any activity funded by this title's funds. Authorizes a civil enforcement action by the Attorney General. (Sec. 344) Mandates assistance to foreign countries to assist in reducing and preventing the use of tobacco in foreign countries and in promoting use cessation. Authorizes providing funding and technical assistance. Authorizes appropriations of amounts provided under section 101 to carry out this section. Establishes the American Center on Global Health and Tobacco (ACT) in the District of Columbia as a private, nonprofit corporation. Mandates that an International Advisory Council provide advisory assistance to ACT. Title IV: Liability Provisions and Consent Decrees - Requires, in order for a State to be eligible to receive funds under section 111, that the State's attorney general: (1) resolve any civil action seeking recovery for expenditures for the treatment of tobacco-related conditions that was commenced by the State against a tobacco manufacturer, distributor, or retailer and is pending on enactment of this Act; and (2) agree not to commence a civil action against such a party for conduct before enactment of this Act seeking such recovery. Mandates establishment of procedures under which a State may elect not to resolve such an action or make such an agreement. Makes such a State ineligible to receive payments under section 111. Preempts, terminates, and settles any pending civil action for claims based on addiction or dependence filed by the Castano Plaintiffs Legal Committee. Subtitle A: Liability Provisions - (Sec. 401) Establishes in the National Tobacco Trust Fund the National Victims' Compensation Fund, to be used by the Attorney General solely for tobacco-related liability judgments and settlements based on manufacturer conduct. Mandates annual deposit into the Victims' Fund of amounts made available under section 101. Requires that the Victims' Fund establish a Contingency Reserve Account, mandating deposit into the Account of any amounts in the Victims' Fund unobligated at the end of each year. Requires, if payments from the Victims' Fund exceed the amount in the Victims' Fund in any year, that the excess amount (to a maximum of $4 billion in any year) be paid by manufacturers. Declares that amounts paid by a manufacturer to settle a civil action commenced by a State before enactment of this Act shall not apply in determining manufacturer liability under this paragraph. Requires, if payments exceed the amount in the Victims' Fund and the maximum manufacturer payment, that the excess be paid out of the Account. Requires any amounts unpaid after Account exhaustion to be paid in the subsequent year. Applies this section to a manufacturer that begins manufacturing after enactment of this Act. Requires, if such a manufacturer fails to make a payment required under this section, that the manufacturer pay to the Attorney General 150 percent of the amount the manufacturer would have paid under this section. Makes the manufacturer limit inapplicable to a manufacturer that has failed to comply with this Act. Requires, if the manufacturer limit is not reached in the year of failure to comply, that the previous sentence apply to the first year after the noncompliance year in which the limit is reached. (Sec. 403) Establishes an Arbitration Panel to award attorneys' fees and expenses relating to litigation involving a claim, brought by a Federal, State, or local governmental entity, affected by, or legal services that resulted in, this Act. Allows any attorney or group of attorneys involved in litigation affected by this Act the right to petition the Panel for fees and expenses. Makes the Panel's findings final, binding, and nonappealable. (Sec. 404) Mandates that a tobacco manufacturer comply with this section in order to eligible for a license. Requires manufacturers to establish the National Tobacco Document Depository. Requires each manufacturer to submit to the Depository every document (including those subject to a claim of attorney-client privilege, attorney work product, or trade secret protection) meeting specified criteria. Provides for the handling of materials subject to claims of attorney- client privilege, attorney work product, or trade secret protection. Mandates public availability of documents not subject to such claims. Establishes the Tobacco Documents Review Board to maintain the Depository and to resolve disputed claims of attorney-client privilege, attorney work product, or trade secret protection. Mandates a Board assessment against a manufacturer for full costs, and authorizes Board imposition of civil monetary penalties, if the Board finds assertion of such a claim to not have been in good faith. Authorizes a civil monetary penalty for failure to produce indexes and documents as required. Subtitle B: Consent Decrees - Requires a State, in order to be eligible to receive section 111 payments, and a manufacturer, in order to receive section 401 protection, to enter into consent decrees under this section. Allows a State to qualify with good faith but unsuccessful efforts. Requires that the consent decrees include: (1) an agreement not to pursue legal challenges to any aspect of this Act; (2) an agreement to pass through the costs of section 102 assessments to consumers through price increases; (3) restrictions on tobacco advertising and marketing aimed at preventing youth tobacco use and access; (4) restrictions on tobacco industry trade associations; (5) tobacco smoke constituent disclosure; (6) disclosure of nontobacco constituents in tobacco products; (7) disclosure of existing and future documents regarding health, toxicity, and addiction related to tobacco use; (8) manufacturer obligations to make payments for the benefit of States, private litigants, and the general public; (9) manufacturer obligations to interact only with exporters, importers, wholesalers, distributors, and retailers operating in compliance with Federal, State, or local tobacco marketing and sale laws; and (10) warning, labeling, and packaging requirements. Prohibits the agreements from including provisions relating to: (1) tobacco product design performance or modification; (2) manufacturing standards and good manufacturing practices; and (3) testing and regulation regarding toxicity and ingredients approval. Makes consent decree terms and conditions enforceable by the signatories and the Attorney General. Requires, prior to decree entry, that a decree have approval by the Secretary and the Attorney General, be fair and reasonable, and be in the public interest. Declares that, if any decree provisions are held unconstitutional or otherwise held not to apply to a manufacturer, section 401 liability protection ceases to apply to that manufacturer. Title V: Tobacco Farm Family and Community Assistance Trust Fund - Establishes in the National Tobacco Trust Fund the Trust Fund for Tobacco Farming Families and Communities, authorizing appropriations to it as provided in sections 101 and 102 and as repayable advances. Makes Farming Fund amounts available to assist tobacco-dependent farm families, workers, and communities, but only if a law is enacted before a specified date specifically prescribing authorized uses. Terminates this section's authority on that date unless such a law is enacted by that date. Title VI: Reducing Exposure to Environmental Tobacco Smoke - Requires that a specified amount be made available from section 101 amounts to enable States to: (1) conduct education and outreach regarding the health-related effects of environmental tobacco smoke; and (2)establish programs to reduce involuntary exposure to environmental tobacco smoke. Requires that a specified Executive Order (relating to protecting Federal employees and the public from exposure to tobacco smoke in the Federal workplace) apply to any public facility at which a covered employee (as defined in the Congressional Accountability Act of 1995) performs work. Title VII: Miscellaneous Provisions - Prohibits retaliation against an employee of a tobacco manufacturer, distributor, or retailer for disclosing to certain Federal, State, or local regulatory or enforcement authorities a substantial violation of law related to this Act or a State or local law furthering the purposes of this Act. (Sec. 702) Prohibits use of any funds by any Federal officer, employee, department, or agency to: (1) challenge tobacco-related laws or regulations meeting specified requirements in any country; (2) promote tobacco or tobacco product sale or exportation; or (3) support any events sponsored by individuals or entities involved in tobacco or tobacco product export, manufacture, promotion, distribution, or sale. Requires U.S. Diplomatic Posts to: (1) assist and promote tobacco control efforts in foreign countries; and (2) refer foreign tobacco-related laws or regulations meeting specified requirements to U.S. trade agencies if such laws or regulations may not comply with such requirements. (Sec. 703) Applies this Act's provisions to tobacco product manufacture, distribution, and sale within Indian tribe or tribal organization jurisdiction. Declares that nothing in this Act shall be construed to infringe on tribal or tribal member rights to transfer, acquire, possess, or use tobacco or tobacco products for religious, traditional, and ceremonial uses, but limits the quantities to those necessary to fulfill such purposes. Makes any tribe or tribal organization manufacturing tobacco products liable for a section 102 assessment. Authorizes assistance to a tribe or tribal organization in meeting and enforcing the requirements under related regulations. Applies FDCA requirements added by section 221 of this Act (relating to minors' tobacco access) to retailers in tribal or tribal organization jurisdiction. Requires, in order to be eligible for public health payments (below), that a tribe or tribal organization implement a tribal licensing program within tribal jurisdiction. Directs the Secretary to so implement if the tribe or tribal organization is not qualified to do so. Mandates annual grants to each tribe having an approved tribal anti-smoking plan, reducing section 111 amounts payable to a State in which the service areas of the tribe are located by the same amount. Provides for the amount determination, basing it on the reservation population as compared to the State population. Requires grants to be used to reimburse the tribe for smoking-related health expenditures and to further the purposes of this Act. Prohibits a participating manufacturer from engaging in any activity in tribal or tribal organization jurisdiction that is prohibited under this Act. Requires that amounts made available under section 101 be provided to the Indian Health Service for anti-tobacco-related consumption and cessation activities. Prohibits a State from imposing obligations or requirements regarding this Act's application to tribes and tribal organizations. (Sec. 704) Allows State and local governments, to the extent not inconsistent with this Act's purposes, to impose additional tobacco control measures (except labeling requirements) to further restrict or limit tobacco use by minors.
Bill· SS. 1890 (105th)referred
United States · United States Congress · 31 March 1998
TABLE OF CONTENTS: Title I: Health Insurance Bill of Rights Subtitle A: Access to Care Subtitle B: Quality Assurance Subtitle C: Patient Information Subtitle D: Grievance and Appeals Procedure Subtitle E: Protecting the Doctor-Patient Relationship Subtitle F: Promoting Good Medical Practice Subtitle G: Definitions Title II: Application of Patient Protection Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act Title III: Amendments to the Employee Retirement Income Security Act of 1974 Title IV: Effective Dates; Coordination In Implementation. Patients' Bill of Rights Act of 1998 - Title I: Health Insurance Bill of Rights - Subtitle A: Access to Care - Requires any group health plan, or health insurance coverage offered by a health insurance issuer, providing emergency services benefits to cover emergency services furnished: (1) without the need for any prior authorization determination; (2) whether or not the health care provider furnishing such services is a participating health care provider; and (3) without regard to any other term or condition of such coverage (other than exclusion or coordination of benefits, or an affiliation or waiting period, permitted under the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), or the Internal Revenue Code, and other than applicable cost-sharing). (Sec. 101) Requires such coverage in a manner so that, if the emergency services are provided by a nonparticipating health care provider: (1) the participant, beneficiary, or enrollee is not liable for amounts exceeding the liability that would be incurred if the services were provided by a participating provider; and (2) the plan or issuer pays an amount that is not less than the amount paid to a participating provider for the same services. Prescribes the same coverage for maintenance care or post-stabilization care (subject to certain guidelines) by nonparticipating health care providers. (Sec. 102) Requires a plan or coverage that provides benefits only through participating providers to offer a participant the option to purchase point-of-service coverage for benefits provided by a nonparticipating provider, unless the plan offers the participant: (1) a choice of health insurance coverage through more than one health insurance issuer; or (2) two or more coverage options that differ significantly with respect to the use of participating providers or the networks of such providers that are used. (Sec. 103) Requires any plan and any health insurance issuer to permit each participant, beneficiary, and enrollee to receive: (1) primary care from any participating primary care provider available to accept such individual; and (2) (unless the plan or issuer clearly declares choice limitations) medically necessary or appropriate specialty care, pursuant to appropriate referral procedures, from any qualified participating provider available to accept such individual for such care. (Sec. 104) Requires any plan or issuer that requires or provides for designation of a participating primary care provider to permit a female participant, beneficiary, or enrollee to designate a participating physician who specializes in obstetrics and gynecology as the individual's primary care provider. Prohibits the plan or issuer, in the absence of such a designation, from requiring authorization or a referral by the individual's primary care provider or otherwise for coverage of routine gynecological care (such as preventive women's health examinations) and pregnancy-related services provided by a participating specialist in obstetrics and gynecology to the extent such care is otherwise covered. Permits a plan or issuer to treat the ordering of other gynecological care by such a participating physician as the primary care provider's authorization of such care. Requires the plan or issuer to refer to an available and accessible specialist any participant, beneficiary, or enrollee with a condition or disease of sufficient seriousness and complexity to require treatment by a specialist, and benefits for such treatment are covered. Requires a plan or issuer to refer an individual to a nonparticipating specialist: (1) only if a participating specialist is not available and accessible; and (2) only at no additional cost to the individual. Requires a plan or issuer to have a procedure by which an individual with an ongoing special condition (life-threatening, degenerative, or disabling) may be referred to a specialist who shall be responsible for and capable of providing and coordinating the individual's primary and specialty care, without referral from the individual's primary care provider. Requires standing referrals to a specialist for any condition requiring ongoing specialist care. (Sec. 105) Prescribes requirements for continuity of care for participants, beneficiaries, or enrollees in the event of a termination of a health care provider or of the contract between a plan and an issuer. (Sec. 106) Prescribes requirements for participation in approved clinical trials of individuals with life-threatening or serious illnesses for which no standard treatment is effective. Prohibits denial of participation in such trials, or discrimination against participants. Limits plan or issuer payments to routine patient costs. (Sec. 107) Requires any plan or issuer that provides prescription drug benefits limited to drugs included in a formulary to: (1) ensure participation of participating physicians and pharmacists in the development of the formulary; (2) disclose to providers, and upon request to participants, beneficiaries, and enrollees, the nature of the formulary restrictions; and (3) consistent with the standards for a utilization review program, provide for exceptions from the formulary limitation when a non-formulary alternative is medically indicated. Prohibits a plan or issuer from denying coverage of such a drug or device on the basis that the use is investigational, if certain labeling requirements are met. (Sec. 108) Requires each plan and issuer to have (in relation to the coverage) a sufficient number, distribution, and variety of qualified participating providers to ensure that all covered health care services, including specialty services, will be available and accessible in a timely manner to all participants, beneficiaries, and enrollees. Permits inclusion among such providers of Federally qualified health centers, rural health clinics, migrant health centers, and other essential community providers located in the service area. Requires inclusion of such providers if necessary to meet such number, distribution, and variety requirements. (Sec. 109) Prescribes nondiscrimination requirements. Subtitle B: Quality Assurance - Directs each plan and issuer to establish an ongoing, internal quality assurance and continuous quality improvement program meeting specified requirements. (Sec. 112) Requires each plan and issuer to: (1) collect uniform quality data, including a minimum uniform data set specified by the Secretary of Health and Human Services; (2) have a written process for the selection of participating health care professionals, including minimum professional requirements; and (3) establish and maintain, as part of any internal quality assurance and continuous quality improvement program including prescription drug benefits, a drug utilization program which encourages appropriate drug use and takes appropriate action to reduce the incidence of improper drug use and adverse drug reactions and interactions. (Sec. 115) Requires each plan and issuer to conduct (or arrange for qualified outside agents to conduct) benefit utilization review activities only in accordance with a utilization review program that meets certain requirements. Prohibits a program from permitting or providing contingent compensation arrangements with its employees, agents, or contractors in a manner that: (1) provides incentives, direct or indirect, for such persons to make inappropriate review decisions; or (2) is based, directly or indirectly, on the quantity or type of adverse determinations rendered. Requires a utilization review program to make determinations and notifications concerning: (1) prior authorization services within three business days after receiving any necessary information; (2) authorization for continued or extended health care services within one business day after receipt of such information; and (3) retrospective review of services previously provided, within 30 days of such receipt. (Sec. 116) Directs the President to establish an advisory board to provide information to Congress and the administration on issues relating to quality monitoring and improvement in the health care provided under group health plans and health insurance coverage. Subtitle C: Patient Information - Specifies benefits, access, emergency coverage, prior authorization, grievance and appeals, and other pertinent information which plans and issuers shall provide to participants and beneficiaries at the time of initial coverage, annually, within a reasonable period before or after the date of significant changes, and upon request. (Sec. 122) Requires plans and issuers to establish procedures to: (1) safeguard the privacy of any individually identifiable enrollee information; (2) maintain records and information in an accurate and timely manner; and (3) assure individuals timely access to such records and information. (Sec. 123) Provides for grants to States for creation and operation of a Health Insurance Ombudsman. Requires any State receiving such a grant to contract for such an Ombudsman with a not-for-profit organization that operates independent of group health plans and health insurance issuers. Requires the Secretary to provide through such a contract for an Ombudsman in any State that does not provide for one. Makes such an Ombudsman responsible to: (1) assist consumers in choosing among health insurance coverage or among coverage options offered within group health plans; and (2) provide counseling and assistance to enrollees dissatisfied with their treatment by issuers and plans, and with respect to grievances and appeals of coverage or plan determinations. Subtitle D: Grievances and Appeals Procedures - Requires each plan and issuer to establish a system for the presentation and resolution of oral and written grievances brought by participants, beneficiaries, or enrollees, or health care providers or other individuals acting on behalf of an individual and with the individual's consent. Requires the system to include grievances regarding access to and availability of services, quality of care, choice and accessibility of providers, network adequacy, and compliance with the requirements of this title. (Sec. 132) Requires each plan and issuer to establish an internal appeals process, and provide for an external appeals process, which meet certain requirements. Specifies the appeal rights of participants, beneficiaries, and their representatives, as well as the kinds of decisions which are appealable. Subtitle E: Protecting the Doctor-Patient Relationship - Prohibits any contract or agreement between a plan or issuer and a health care provider from: (1) prohibiting or restricting the provider from engaging in medical communications with the provider's patient; or (2) containing any provision purporting to transfer to the health care provider by indemnification or otherwise any liability relating to activities, actions, or omissions of the plan, issuer, or agent (as opposed to the provider). Declares null and void any such contract or agreement provisions. (Sec. 142) Prohibits any plan or issuer from operating any physician incentive plan that does not meet certain requirements under title XVIII (Medicare) of the Social Security Act. (Sec. 143) Requires any plan or issuer to establish reasonable procedures relating to the participation of health care professionals, including notice of participation rules, written notice of adverse participation decisions, and a process for appealing adverse decisions. (Sec. 144) Prohibits a plan or an issuer from retaliating against a participant, beneficiary, enrollee, or health care provider based on use of, or participation in, a utilization review or a grievance process. Prohibits a plan or an issuer from retaliating or discriminating against a protected health care professional because the professional in good faith: (1) discloses information relating to the care, services, or conditions affecting one or more participants, beneficiaries, or enrollees to an appropriate public regulatory agency, private accreditation body, or management personnel of the plan or issuer; or (2) initiates, cooperates, or otherwise participates in an investigation or proceeding by such an agency with respect to such care, services, or conditions. Defines good faith action. Subtitle F: Promoting Good Medical Practice - Prohibits a plan or issuer from arbitrarily interfering with or altering the decision of the treating physician regarding the manner or setting in which particular covered services are delivered if they are medically necessary or appropriate for treatment or diagnosis. Allows a plan or issuer to limit the delivery of services to one or more providers within a network. (Sec. 152) Prescribes standards for benefits for certain breast cancer treatments. Prohibits a plan or issuer from restricting benefits for any hospital length of stay: (1) in connection with a mastectomy to less than 48 hours; or (2) in connection with a lymph node dissection for the treatment of breast cancer to less than 24 hours. Prohibits a plan or issuer from requiring a provider to obtain its authorization for prescribing any such length of stay. Permits a discharge before expiration of the minimum length of stay otherwise required, if the decision is made by the attending provider in consultation with the woman involved, or in a case involving a partial mastectomy without lymph node dissection. Prohibits a plan or issuer from: (1) denying to a woman eligibility to enroll or renew coverage solely for the purpose of avoiding the requirements of this title; (2) providing monetary payments or rebates to encourage women to accept less than the minimum protections available under this title; (3) penalizing or otherwise reducing or limiting reimbursement because an attending provider gave care to a participant or beneficiary in accordance with this title; (4) providing incentives (monetary or otherwise) to induce an attending provider to provide care to a participant or beneficiary in a manner inconsistent with this title; or (5) restricting benefits (other than imposing deductibles, coinsurance, or other cost-sharing) for any portion of a period within a required hospital length of stay in a manner less favorable than the benefits provided for any preceding portion of such stay. (Sec. 153) Requires a plan or issuer to provide coverage for reconstructive breast surgery resulting from a mastectomy, including coverage: (1) for all stages of reconstructive breast surgery performed on a nondiseased breast to establish symmetry with the diseased when reconstruction on the diseased breast is performed; and (2) of prostheses and complications of mastectomy, including lymphedema. Prohibits denial of coverage on the basis that it is for cosmetic surgery. Subtitle G: Definitions - Sets forth definitions. Title II: Application of Patient Protection Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act - Amends the Public Health Service Act to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 202) Requires each health insurance issuer to comply with such requirements with respect to individual health insurance coverage. Title III: Amendments to the Employee Retirement Income Security Act of 1974 - Amends ERISA to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 302) Provides that nothing in ERISA shall be construed to invalidate, impair, or supersede any cause of action under State law to recover damages resulting from personal injury or wrongful death against any person (except employers and other plan sponsors): (1) in connection with the provision of insurance, administrative services, or medical services by that person to or for a group health plan; or (2) that arises out of the arrangement by that person for the provision of insurance, administrative services, or medical services by other persons. Allows such an action against an employer or other plan sponsor only if it is based on the employer's or sponsor's exercise of discretionary authority to decide a claim for covered benefits, and such exercise resulted in personal injury or wrongful death. Title IV: Effective Dates; Coordination in Implementation - Sets forth effective dates for provisions of this Act. (Sec. 402) Amends the Health Insurance Portability and Accountability Act of 1996 to provide for coordination in the implementation of this Act.
Bill· SS. 1891 (105th)referred
United States · United States Congress · 31 March 1998
TABLE OF CONTENTS: Title I: Health Insurance Bill of Rights Subtitle A: Access to Care Subtitle B: Quality Assurance Subtitle C: Patient Information Subtitle D: Grievance and Appeals Procedures Subtitle E: Protecting the Doctor-Patient Relationship Subtitle F: Promoting Good Medical Practice Subtitle G: Definitions Title II: Application to Group Health Plans Under the Internal Revenue Code of 1986 Title III: Effective Dates; Coordination in Implementation Patients' Bill of Rights Act of 1998 - Title I: Health Insurance Bill of Rights - Subtitle A: Access to Care - Requires any group health plan, or health insurance coverage offered by a health insurance issuer, providing emergency services benefits to cover emergency services furnished: (1) without the need for any prior authorization determination; (2) whether or not the health care provider furnishing such services is a participating health care provider; and (3) without regard to any other term or condition of such coverage (other than exclusion or coordination of benefits, or an affiliation or waiting period, permitted under the Public Health Service Act, the Employee Retirement Income Security Act of 1974, or the Internal Revenue Code, and other than applicable cost-sharing). (Sec. 101) Requires such coverage in a manner so that, if the emergency services are provided by a nonparticipating health care provider: (1) the participant, beneficiary, or enrollee is not liable for amounts exceeding the liability that would be incurred if the services were provided by a participating provider; and (2) the plan or issuer pays an amount that is not less than the amount paid to a participating provider for the same services. Prescribes the same coverage for maintenance care or post-stabilization care (subject to certain guidelines) by nonparticipating health care providers. (Sec. 102) Requires a plan or coverage that provides benefits only through participating providers to offer a participant the option to purchase point-of-service coverage for benefits provided by a nonparticipating provider, unless the plan offers the participant: (1) a choice of health insurance coverage through more than one health insurance issuer; or (2) two or more coverage options that differ significantly with respect to the use of participating providers or the networks of such providers that are used. (Sec. 103) Requires any plan and any health insurance issuer to permit each participant, beneficiary, and enrollee to receive: (1) primary care from any participating primary care provider available to accept such individual; and (2) (unless the plan or issuer clearly declares choice limitations) medically necessary or appropriate specialty care, pursuant to appropriate referral procedures, from any qualified participating provider available to accept such individual for such care. (Sec. 104) Requires any plan or issuer that requires or provides for designation of a participating primary care provider to permit a female participant, beneficiary, or enrollee to designate a participating physician who specializes in obstetrics and gynecology as the individual's primary care provider. Prohibits the plan or issuer, in the absence of such a designation, from requiring authorization or a referral by the individual's primary care provider or otherwise for coverage of routine gynecological care (such as preventive women's health examinations) and pregnancy-related services provided by a participating specialist in obstetrics and gynecology to the extent such care is otherwise covered. Permits a plan or issuer to treat the ordering of other gynecological care by such a participating physician as the primary care provider's authorization of such care. Requires the plan or issuer to refer to an available and accessible specialist any participant, beneficiary, or enrollee with a condition or disease of sufficient seriousness and complexity to require treatment by a specialist, and benefits for such treatment are covered. Requires a plan or issuer to refer an individual to a nonparticipating specialist: (1) only if a participating specialist is not available and accessible; and (2) only at no additional cost to the individual. Requires a plan or issuer to have a procedure by which an individual with an ongoing special condition (life-threatening, degenerative, or disabling) may be referred to a specialist who shall be responsible for and capable of providing and coordinating the individual's primary and specialty care, without referral from the individual's primary care provider. Requires standing referrals to a specialist for any condition requiring ongoing specialist care. (Sec. 105) Prescribes requirements for continuity of care for participants, beneficiaries, or enrollees in the event of a termination of a health care provider or of the contract between a plan and an issuer. (Sec. 106) Prescribes requirements for participation in approved clinical trials of individuals with life-threatening or serious illnesses for which no standard treatment is effective. Prohibits denial of participation in such trials, or discrimination against participants. Limits plan or issuer payments to routine patient costs. (Sec. 107) Requires any plan or issuer that provides prescription drug benefits limited to drugs included in a formulary to: (1) ensure participation of participating physicians and pharmacists in the development of the formulary; (2) disclose to providers, and upon request to participants, beneficiaries, and enrollees, the nature of the formulary restrictions; and (3) consistent with the standards for a utilization review program, provide for exceptions from the formulary limitation when a non-formulary alternative is medically indicated. Prohibits a plan or issuer from denying coverage of such a drug or device on the basis that the use is investigational, if certain labeling requirements are met. (Sec. 108) Requires each plan and issuer to have (in relation to the coverage) a sufficient number, distribution, and variety of qualified participating providers to ensure that all covered health care services, including specialty services, will be available and accessible in a timely manner to all participants, beneficiaries, and enrollees. Permits inclusion among such providers of federally qualified health centers, rural health clinics, migrant health centers, and other essential community providers located in the service area. Requires inclusion of such providers if necessary to meet such number, distribution, and variety requirements. (Sec. 109) Prescribes nondiscrimination requirements. Subtitle B: Quality Assurance - Directs each plan and issuer to establish an ongoing, internal quality assurance and continuous quality improvement program meeting specified requirements. (Sec. 112) Requires each plan and issuer to: (1) collect uniform quality data, including a minimum uniform data set specified by the Secretary of Health and Human Services; (2) have a written process for the selection of participating health care professionals, including minimum professional requirements; and (3) establish and maintain, as part of any internal quality assurance and continuous quality improvement program including prescription drug benefits, a drug utilization program which encourages appropriate drug use and takes appropriate action to reduce the incidence of improper drug use and adverse drug reactions and interactions. (Sec. 115) Requires each plan and issuer to conduct (or arrange for qualified outside agents to conduct) benefit utilization review activities only in accordance with a utilization review program that meets certain requirements. Prohibits a program from permitting or providing contingent compensation arrangements with its employees, agents, or contractors in a manner that: (1) provides incentives, direct or indirect, for such persons to make inappropriate review decisions; or (2) is based, directly or indirectly, on the quantity or type of adverse determinations rendered. Requires a utilization review program to make determinations and notifications concerning: (1) prior authorization services within three business days after receiving any necessary information; (2) authorization for continued or extended health care services within one business day after receipt of such information; and (3) retrospective review of services previously provided, within 30 days of such receipt. (Sec. 116) Directs the President to establish an advisory board to provide information to Congress and the administration on issues relating to quality monitoring and improvement in the health care provided under group health plans and health insurance coverage. Subtitle C: Patient Information - Specifies benefits, access, emergency coverage, prior authorization, grievance and appeals, and other pertinent information which plans and issuers shall provide to participants and beneficiaries at the time of initial coverage, annually, within a reasonable period before or after the date of significant changes, and upon request. (Sec. 122) Requires plans and issuers to establish procedures to: (1) safeguard the privacy of any individually identifiable enrollee information; (2) maintain records and information in an accurate and timely manner; and (3) assure individuals timely access to such records and information. (Sec. 123) Provides for grants to States for creation and operation of a Health Insurance Ombudsman. Requires any State receiving such a grant to contract for such an Ombudsman with a not-for-profit organization that operates independent of group health plans and health insurance issuers. Requires the Secretary to provide through such a contract for an Ombudsman in any State that does not provide for one. Makes such an Ombudsman responsible to: (1) assist consumers in choosing among health insurance coverage or among coverage options offered within group health plans; and (2) provide counseling and assistance to enrollees dissatisfied with their treatment by issuers and plans, and with respect to grievances and appeals of coverage or plan determinations. Subtitle D: Grievances and Appeals Procedures - Requires each plan and issuer to establish a system for the presentation and resolution of oral and written grievances brought by participants, beneficiaries, or enrollees, or health care providers or other individuals acting on behalf of an individual and with the individual's consent. Requires the system to include grievances regarding access to and availability of services, quality of care, choice and accessibility of providers, network adequacy, and compliance with the requirements of this title. (Sec. 132) Requires each plan and issuer to establish an internal appeals process, and provide for an external appeals process, which meet certain requirements. Specifies the appeal rights of participants, beneficiaries, and their representatives, as well as the kinds of decisions which are appealable. Subtitle E: Protecting the Doctor-Patient Relationship - Prohibits any contract or agreement between a plan or issuer and a health care provider from: (1) prohibiting or restricting the provider from engaging in medical communications with the provider's patient; or (2) containing any provision purporting to transfer to the health care provider by indemnification or otherwise any liability relating to activities, actions, or omissions of the plan, issuer, or agent (as opposed to the provider). Declares null and void any such contract or agreement provisions. (Sec. 142) Prohibits any plan or issuer from operating any physician incentive plan that does not meet certain requirements under title XVIII (Medicare) of the Social Security Act. (Sec. 143) Requires any plan or issuer to establish reasonable procedures relating to the participation of health care professionals, including notice of participation rules, written notice of adverse participation decisions, and a process for appealing adverse decisions. (Sec. 144) Prohibits a plan or an issuer from retaliating against a participant, beneficiary, enrollee, or health care provider based on use of, or participation in, a utilization review or a grievance process. Prohibits a plan or an issuer from retaliating or discriminating against a protected health care professional because the professional in good faith: (1) discloses information relating to the care, services, or conditions affecting one or more participants, beneficiaries, or enrollees to an appropriate public regulatory agency, private accreditation body, or management personnel of the plan or issuer; or (2) initiates, cooperates, or otherwise participates in an investigation or proceeding by such an agency with respect to such care, services, or conditions. Defines good faith action. Subtitle F: Promoting Good Medical Practice - Prohibits a plan or issuer from arbitrarily interfering with or altering the decision of the treating physician regarding the manner or setting in which particular covered services are delivered if they are medically necessary or appropriate for treatment or diagnosis. Allows a plan or issuer to limit the delivery of services to one or more providers within a network. (Sec. 152) Prescribes standards for benefits for certain breast cancer treatments. Prohibits a plan or issuer from restricting benefits for any hospital length of stay: (1) in connection with a mastectomy to less than 48 hours; or (2) in connection with a lymph node dissection for the treatment of breast cancer to less than 24 hours. Prohibits a plan or issuer from requiring a provider to obtain its authorization for prescribing any such length of stay. Permits a discharge before expiration of the minimum length of stay otherwise required, if the decision is made by the attending provider in consultation with the woman involved, or in a case involving a partial mastectomy without lymph node dissection. Prohibits a plan or issuer from: (1) denying to a woman eligibility to enroll or renew coverage solely for the purpose of avoiding the requirements of this title; (2) providing monetary payments or rebates to encourage women to accept less than the minimum protections available under this title; (3) penalizing or otherwise reducing or limiting reimbursement because an attending provider gave care to a participant or beneficiary in accordance with this title; (4) providing incentives (monetary or otherwise) to induce an attending provider to provide care to a participant or beneficiary in a manner inconsistent with this title; or (5) restricting benefits (other than imposing deductibles, coinsurance, or other cost-sharing) for any portion of a period within a required hospital length of stay in a manner less favorable than the benefits provided for any preceding portion of such stay. (Sec. 153) Requires a plan or issuer to provide coverage for reconstructive breast surgery resulting from a mastectomy, including coverage: (1) for all stages of reconstructive breast surgery performed on a nondiseased breast to establish symmetry with the diseased when reconstruction on the diseased breast is performed; and (2) of prostheses and complications of mastectomy, including lymphedema. Prohibits denial of coverage on the basis that it is for cosmetic surgery. Subtitle G: Definitions - Sets forth definitions. Title II: Application to Group Health Plans Under the Internal Revenue Code of 1986 - Amends the Internal Revenue Code to require a group health plan to comply with this Act. Deems this Act to be incorporated into the Internal Revenue Code. Title III: Effective Dates; Coordination in Implementation - Sets forth effective dates for provisions of this Act.
Resolution· SRESS.Res. 205 (105th)referred
United States · United States Congress · 31 March 1998
Commends public health professionals for their role in safeguarding communities and workplaces and improving the health and well-being of Americans. Calls upon Americans to celebrate National Public Health Week from April 6 through April 12, 1998.
Bill· HRH.R. 3605 (105th)referred
United States · United States Congress · 31 March 1998
TABLE OF CONTENTS: Title I: Health Insurance Bill of Rights Subtitle A: Access to Care Subtitle B: Quality Assurance Subtitle C: Patient Information Subtitle D: Grievance and Appeals Procedures Subtitle E: Protecting the Doctor-Patient Relationship Subtitle F: Promoting Good Medical Practice Subtitle G: Definitions Title II: Application of Patient Protection Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act Title III: Amendments to the Employee Retirement Income Security Act of 1974 Title IV: Application to Group Health Plans Under the Internal Revenue Code of 1986 Title V: Effective Dates; Coordination in Implementation Patients' Bill of Rights Act of 1998 - Title I: Health Insurance Bill of Rights - Subtitle A: Access to Care - Requires any group health plan, or health insurance coverage offered by a health insurance issuer, providing emergency services benefits to cover emergency services furnished: (1) without the need for any prior authorization determination; (2) whether or not the health care provider furnishing such services is a participating health care provider; and (3) without regard to any other term or condition of such coverage (other than exclusion or coordination of benefits, or an affiliation or waiting period, permitted under the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), or the Internal Revenue Code, and other than applicable cost-sharing). Requires such coverage in a manner so that, if the emergency services are provided by a nonparticipating health care provider: (1) the participant, beneficiary, or enrollee is not liable for amounts exceeding the liability that would be incurred if the services were provided by a participating provider; and (2) the plan or issuer pays an amount that is not less than the amount paid to a participating provider for the same services. Prescribes the same coverage for maintenance care or post-stabilization care (subject to certain guidelines) by nonparticipating health care providers. (Sec. 102) Requires a plan or coverage that provides benefits only through participating providers to offer a participant the option to purchase point-of-service coverage for benefits provided by a nonparticipating provider, unless the plan offers the participant: (1) a choice of health insurance coverage through more than one health insurance issuer; or (2) two or more coverage options that differ significantly with respect to the use of participating providers or the networks of such providers that are used. (Sec. 103) Requires any plan and any health insurance issuer to permit each participant, beneficiary, and enrollee to receive: (1) primary care from any participating primary care provider available to accept such individual; and (2) (unless the plan or issuer clearly declares choice limitations) medically necessary or appropriate specialty care, pursuant to appropriate referral procedures, from any qualified participating provider available to accept such individual for such care. (Sec. 104) Requires any plan or issuer that requires or provides for designation of a participating primary care provider to permit a female participant, beneficiary, or enrollee to designate a participating physician who specializes in obstetrics and gynecology as the individual's primary care provider. Prohibits the plan or issuer, in the absence of such a designation, from requiring authorization or a referral by the individual's primary care provider or otherwise for coverage of routine gynecological care (such as preventive women's health examinations) and pregnancy-related services provided by a participating specialist in obstetrics and gynecology to the extent such care is otherwise covered. Permits a plan or issuer to treat the ordering of other gynecological care by such a participating physician as the primary care provider's authorization of such care. Requires the plan or issuer to refer to an available and accessible specialist any participant, beneficiary, or enrollee with a condition or disease of sufficient seriousness and complexity to require treatment by a specialist, and benefits for such treatment are covered. Requires a plan or issuer to refer an individual to a nonparticipating specialist: (1) only if a participating specialist is not available and accessible; and (2) only at no additional cost to the individual. Requires a plan or issuer to have a procedure by which an individual with an ongoing special condition (life-threatening, degenerative, or disabling) may be referred to a specialist who shall be responsible for and capable of providing and coordinating the individual's primary and specialty care, without referral from the individual's primary care provider. Requires standing referrals to a specialist for any condition requiring ongoing specialist care. (Sec. 105) Prescribes requirements for continuity of care for participants, beneficiaries, or enrollees in the event of a termination of a health care provider or of the contract between a plan and an issuer. (Sec. 106) Prescribes requirements for participation in approved clinical trials of individuals with life-threatening or serious illnesses for which no standard treatment is effective. Prohibits denial of participation in such trials, or discrimination against participants. Limits plan or issuer payments to routine patient costs. (Sec. 107) Requires any plan or issuer that provides prescription drug benefits limited to drugs included in a formulary to: (1) ensure participation of participating physicians and pharmacists in the development of the formulary; (2) disclose to providers, and upon request to participants, beneficiaries, and enrollees, the nature of the formulary restrictions; and (3) consistent with the standards for a utilization review program, provide for exceptions from the formulary limitation when a non-formulary alternative is medically indicated. Prohibits a plan or issuer from denying coverage of such a drug or device on the basis that the use is investigational, if certain labeling requirements are met. (Sec. 108) Requires each plan and issuer to have (in relation to the coverage) a sufficient number, distribution, and variety of qualified participating providers to ensure that all covered health care services, including specialty services, will be available and accessible in a timely manner to all participants, beneficiaries, and enrollees. Permits inclusion among such providers of federally qualified health centers, rural health clinics, migrant health centers, and other essential community providers located in the service area. Requires inclusion of such providers if necessary to meet such number, distribution, and variety requirements. (Sec. 109) Prescribes nondiscrimination requirements. Subtitle B: Quality Assurance - Directs each plan and issuer to establish an ongoing, internal quality assurance and continuous quality improvement program meeting specified requirements. (Sec. 112) Requires each plan and issuer to: (1) collect uniform quality data, including a minimum uniform data set specified by the Secretary of Health and Human Services; (2) have a written process for the selection of participating health care professionals, including minimum professional requirements; and (3) establish and maintain, as part of any internal quality assurance and continuous quality improvement program including prescription drug benefits, a drug utilization program which encourages appropriate drug use and takes appropriate action to reduce the incidence of improper drug use and adverse drug reactions and interactions. (Sec. 115) Requires each plan and issuer to conduct (or arrange for qualified outside agents to conduct) benefit utilization review activities only in accordance with a utilization review program that meets certain requirements. Prohibits a program from permitting or providing contingent compensation arrangements with its employees, agents, or contractors in a manner that: (1) provides incentives, direct or indirect, for such persons to make inappropriate review decisions; or (2) is based, directly or indirectly, on the quantity or type of adverse determinations rendered. Requires a utilization review program to make determinations and notifications concerning: (1) prior authorization services within three business days after receiving any necessary information; (2) authorization for continued or extended health care services within one business day after receipt of such information; and (3) retrospective review of services previously provided, within 30 days of such receipt. (Sec. 116) Directs the President to establish an advisory board to provide information to Congress and the administration on issues relating to quality monitoring and improvement in the health care provided under group health plans and health insurance coverage. Subtitle C: Patient Information - Specifies benefits, access, emergency coverage, prior authorization, grievance and appeals, and other pertinent information which plans and issuers shall provide to participants and beneficiaries at the time of initial coverage, annually, within a reasonable period before or after the date of significant changes, and upon request. (Sec. 122) Requires plans and issuers to establish procedures to: (1) safeguard the privacy of any individually identifiable enrollee information; (2) maintain records and information in an accurate and timely manner; and (3) assure individuals timely access to such records and information. (Sec. 123) Provides for grants to States for creation and operation of a Health Insurance Ombudsman. Requires any State receiving such a grant to contract for such an Ombudsman with a not-for-profit organization that operates independent of group health plans and health insurance issuers. Requires the Secretary to provide through such a contract for an Ombudsman in any State that does not provide for one. Makes such an Ombudsman responsible to: (1) assist consumers in choosing among health insurance coverage or among coverage options offered within group health plans; and (2) provide counseling and assistance to enrollees dissatisfied with their treatment by issuers and plans, and with respect to grievances and appeals of coverage or plan determinations. Subtitle D: Grievances and Appeals Procedures - Requires each plan and issuer to establish a system for the presentation and resolution of oral and written grievances brought by participants, beneficiaries, or enrollees, or health care providers or other individuals acting on behalf of an individual and with the individual's consent. Requires the system to include grievances regarding access to and availability of services, quality of care, choice and accessibility of providers, network adequacy, and compliance with the requirements of this title. (Sec. 132) Requires each plan and issuer to establish an internal appeals process, and provide for an external appeals process, which meet certain requirements. Specifies the appeal rights of participants, beneficiaries, and their representatives, as well as the kinds of decisions which are appealable. Subtitle E: Protecting the Doctor-Patient Relationship - Prohibits any contract or agreement between a plan or issuer and a health care provider from: (1) prohibiting or restricting the provider from engaging in medical communications with the provider's patient; or (2) containing any provision purporting to transfer to the health care provider by indemnification or otherwise any liability relating to activities, actions, or omissions of the plan, issuer, or agent (as opposed to the provider). Declares null and void any such contract or agreement provisions. (Sec. 142) Prohibits any plan or issuer from operating any physician incentive plan that does not meet certain requirements under title XVIII (Medicare) of the Social Security Act. (Sec. 143) Requires any plan or issuer to establish reasonable procedures relating to the participation of health care professionals, including notice of participation rules, written notice of adverse participation decisions, and a process for appealing adverse decisions. (Sec. 144) Prohibits a plan or an issuer from retaliating against a participant, beneficiary, enrollee, or health care provider based on use of, or participation in, a utilization review or a grievance process. Prohibits a plan or an issuer from retaliating or discriminating against a protected health care professional because the professional in good faith: (1) discloses information relating to the care, services, or conditions affecting one or more participants, beneficiaries, or enrollees to an appropriate public regulatory agency, private accreditation body, or management personnel of the plan or issuer; or (2) initiates, cooperates, or otherwise participates in an investigation or proceeding by such an agency with respect to such care, services, or conditions. Defines good faith action. Subtitle F: Promoting Good Medical Practice - Prohibits a plan or issuer from arbitrarily interfering with or altering the decision of the treating physician regarding the manner or setting in which particular covered services are delivered if they are medically necessary or appropriate for treatment or diagnosis. Allows a plan or issuer to limit the delivery of services to one or more providers within a network. (Sec. 152) Prescribes standards for benefits for certain breast cancer treatments. Prohibits a plan or issuer from restricting benefits for any hospital length of stay: (1) in connection with a mastectomy to less than 48 hours; or (2) in connection with a lymph node dissection for the treatment of breast cancer to less than 24 hours. Prohibits a plan or issuer from requiring a provider to obtain its authorization for prescribing any such length of stay. Permits a discharge before expiration of the minimum length of stay otherwise required, if the decision is made by the attending provider in consultation with the woman involved, or in a case involving a partial mastectomy without lymph node dissection. Prohibits a plan or issuer from: (1) denying to a woman eligibility to enroll or renew coverage solely for the purpose of avoiding the requirements of this title; (2) providing monetary payments or rebates to encourage women to accept less than the minimum protections available under this title; (3) penalizing or otherwise reducing or limiting reimbursement because an attending provider gave care to a participant or beneficiary in accordance with this title; (4) providing incentives (monetary or otherwise) to induce an attending provider to provide care to a participant or beneficiary in a manner inconsistent with this title; or (5) restricting benefits (other than imposing deductibles, coinsurance, or other cost-sharing) for any portion of a period within a required hospital length of stay in a manner less favorable than the benefits provided for any preceding portion of such stay. (Sec. 153) Requires a plan or issuer to provide coverage for reconstructive breast surgery resulting from a mastectomy, including coverage: (1) for all stages of reconstructive breast surgery performed on a nondiseased breast to establish symmetry with the diseased when reconstruction on the diseased breast is performed; and (2) of prostheses and complications of mastectomy, including lymphedema. Prohibits denial of coverage on the basis that it is for cosmetic surgery. Subtitle G: Definitions - Sets forth definitions. Title II: Application of Patient Protection Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act - Amends the Public Health Service Act to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 202) Requires each health insurance issuer to comply with such requirements with respect to individual health insurance coverage. Title III: Amendments to the Employee Retirement Income Security Act of 1974 - Amends ERISA to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 302) Provides that nothing in ERISA shall be construed to invalidate, impair, or supersede any cause of action under State law to recover damages resulting from personal injury or wrongful death against any person (except employers and other plan sponsors): (1) in connection with the provision of insurance, administrative services, or medical services by that person to or for a group health plan; or (2) that arises out of the arrangement by that person for the provision of insurance, administrative services, or medical services by other persons. Allows such an action against an employer or other plan sponsor only if it is based on the employer's or sponsor's exercise of discretionary authority to decide a claim for covered benefits, and such exercise resulted in personal injury or wrongful death. Title IV: Application to Group Health Plans Under the Internal Revenue Code of 1986 - Amends the Internal Revenue Code to require a group health plan to comply with this Act. Deems this Act to be incorporated into the Internal Revenue Code. Title V: Effective Dates; Coordination in Implementation - Sets forth effective dates for provisions of this Act. (Sec. 502) Amends the Health Insurance Portability and Accountability Act of 1996 to provide for coordination in the implementation of this Act.
Bill· HRH.R. 3613 (105th)referred
United States · United States Congress · 31 March 1998
Military Health Care Fairness Act - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to allow certain eligible covered beneficiaries to enroll in any health benefits plan under the Federal Employee Health Benefits Program (FEHB) offering medical care comparable to that offered under CHAMPUS. Includes as an eligible beneficiary a military retiree (with an exception) or dependent who: (1) is not guaranteed access under TRICARE (a Department of Defense (DOD) managed care program) to health care comparable to health care provided under the FEHB; (2) is eligible to enroll in the TRICARE Program but is not so enrolled because of location, total enrollment limitations, or any other reason; or (3) is entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act. Limits eligible beneficiaries during the first two years of enrollment to military retirees who are: (1) 65 years of age or older; or (2) retired or separated due to physical disability. States that any eligible beneficiary shall not be required to satisfy any FEHB eligibility criteria as a condition for enrollment. Provides for: (1) an enrollment period and a three-year minimum enrollment term; (2) authorized treatment in a military medical treatment facility; (3) enrollment contributions; (4) participation management by the Director of the Office of Personnel Management (OPM); and (5) annual reports from the Secretary of Defense and the OPM Director concerning the provision of such care. Directs the Secretary, within four years after the date of enactment of the National Defense Authorization Act for Fiscal Year 1999, to report to the Congress on whether such health care option should be made permanent and on the estimated costs of such option. Directs the Secretary to: (1) begin to offer such option no later than six months after enactment of this Act; and (2) continue to offer such option through 2003, and to provide care to eligible beneficiaries through 2005. Provides program funding for FY 1999 through 2005 from amounts authorized for appropriation to DOD for military personnel.
Bill· HRH.R. 3595 (105th)open
United States · United States Congress · 30 March 1998
TABLE OF CONTENTS: Title I: Brownfield Remediation and Environmental Cleanup Subtitle A: Innocent Landowners and Prospective Purchaser Liability Subtitle B: Brownfield Remediation and Environmental Cleanup Subtitle C: State Voluntary Response Programs Title II: Liability Title III: Remedy Title IV: Community Participation and Human Health Subtitle A: Community Participation Subtitle B: Human Health Subtitle C: General Provisions Title V: Natural Resource Damages Title VI: Federal Facilities Title VII: State Roles Title VIII: Funding Title IX: Miscellaneous Title X: 5-Year Extension of Hazardous Substance Superfund Superfund Improvement Act of 1998 - Title I: Brownfield Remediation and Environmental Cleanup - Subtitle A: Innocent Landowners and Prospective Purchaser Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), with respect to defenses to liability of an owner of after-acquired property, to deem a person to have made (under current law, "undertaken") appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the President) and the person fulfills certain responsibilities concerning information compilation, exercise of appropriate care with respect to hazardous substances at the facility, and cooperation with those conducting response actions. (Sec. 102) Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of the prospective purchaser exemption and the facility's fair market value has increased above that which existed 180 days before the action was taken. (Sec. 103) Adds CERCLA provisions granting conditional exemptions from liability to persons owning or operating property contiguous to a release site. Subtitle B: Brownfield Remediation and Environmental Cleanup - Directs the Administrator (Administrator) of the Environmental Protection Agency (EPA) to establish a program to provide grants to local governments to inventory and conduct site assessments of brownfield sites. Defines a "brownfield site" as a parcel of land that contains or contained abandoned or under-used commercial or industrial facilities, the expansion or redevelopment of which is complicated by the presence or potential presence of hazardous substances, pollutants, or contaminants. Directs the Administrator to establish a program of grants to local governments for capitalization of loan programs for brownfield site cleanup by the locality or owner or prospective purchaser. Requires the Administrator to report to specified congressional committees on programs established under this subtitle. Authorizes appropriations from the Hazardous Substance Superfund (Superfund) to carry out such grant programs. Subtitle C: State Voluntary Response Programs - Adds provisions requiring the Administrator to provide technical and other assistance to States to establish and enhance State voluntary response programs, comprised of elements including public participation opportunities, oversight and enforcement authorities, and certification mechanisms. Authorizes appropriations from Superfund for FY 1999 through 2003 for such programs. Title II: Liability - Provides an exemption to liability, with exceptions, for response costs or actions with respect to National Priority List (NPL) facilities for certain small businesses whose liability is based solely on arranging for disposal, treatment, or transport of, or accepting, the hazardous substance concerned. Sets forth provisions regarding the preservation of certain contribution claims with respect to small businesses, a moratorium on the continuation or commencement of suits regarding such claims, and settlements with small businesses. Exempts from liability based solely on arrangement or acceptance provisions certain: (1) de micromis parties; and (2) individuals or small businesses or nonprofit organizations where the activities concerned involved municipal solid waste (MSW). Absolves of liability: (1) certain owners or operators who acquired the facility concerned by inheritance or bequest; (2) Federal, State, or municipal entities whose liability is based solely on ownership of a road or other right-of-way or transportation route over which hazardous substances are transported or on the granting of a business license; and (3) certain railroad owners or operators of spur tracks. Makes persons who commence recovery or contribution actions after this Act's enactment against parties not liable due to small business, de micromis, or MSW exemptions described above liable for all reasonable costs of defending such actions. Limits liability for certain tax-exempt organizations that receive an affected vessel or facility as a charitable contribution. Makes municipalities currently liable for response costs on the basis of ownership or operation of a municipal landfill listed on the NPL on or before October 1, 1997, eligible for settlements. Limits liability to 20 percent of total response costs, but authorizes the President to increase such percentage to up to 35 percent under certain conditions. Authorizes the President to require such municipalities to perform or participate in response actions at the facility. Considers two or more municipalities that jointly own or operate a facility to be a single owner for purposes of calculating settlement offers. Authorizes the President to require such municipalities to waive some or all claims or causes of action against other potentially responsible parties (PRPs) with respect to a site. Conditions eligibility for limited municipal liability on the acts or omissions giving rise to liability having occurred before a date two years after this Act's enactment or on the municipality participating in a qualified household hazardous waste disposal program by such date. Sets forth cases in which the President may decline to offer such settlements. Makes liable parties who fail to take proper remedial or response actions liable to the United States for response costs incurred as a result of such failure to take action, in addition to potential punitive damages authorized under existing law. (Sec. 203) Extends certain provisions relating to surety bonds with respect to direct Federal procurement of response actions. (Sec. 204) Adds to the list of parties eligible for expedited final settlements: (1) persons whose liability is based on arranging for disposal, treatment, transport of, or on accepting, MSW or municipal sewage sludge at an NPL facility; and (2) persons, small businesses, or municipalities who demonstrate an inability or limited ability to pay response costs. Revises conditions of eligibility for such settlements for de minimis parties. Makes municipalities that arranged for disposal, treatment, or transport of, or that accepted, such waste or sludge that are also liable as owners or operators eligible for expedited settlements as well. Permits the President to consider alternative payment methods for small businesses that are unable to pay settlement amounts immediately. Authorizes the President to require, as a condition of expedited settlements, that a PRP waive some or all of the claims or causes of action that the party may have against other PRPs relating to the site. Establishes a moratorium on litigation for recovery or contribution of response costs from certain persons eligible for expedited settlements within a specified time frame. (Sec. 205) Expands information regarding concerned facilities that may be required to be provided to Federal employees or officials. Authorizes the Administrator to issue subpoenas to obtain information related to facilities or cleanups. Makes information obtained pursuant to contracts to perform work available to the public, with exceptions. Sets forth confidentiality requirements for Government contractors with respect to such information. (Sec. 206) Authorizes the President to amend or issue administrative orders, without determining that there may be an imminent and substantial endangerment, to complete, or require additional, response actions necessary to respond to a release or threatened release. (Sec. 207) Revises contribution provisions to require an action by a PRP against another PRP for recovery of costs to be commenced within the later of: (1) three years after completion of a removal action or within six years after initiation of physical on-site construction for a remedial action (unless such remedial action has been the subject of a previous cost recovery action); or (2) three years after the date of judgment in any action for recovery or the date of any administrative order or judicial settlement for recovery of costs or damages paid. (Sec. 208) Requires the Administrator, after conducting any settlement negotiation, to initiate the allocation process for each mandatory allocation. Defines a "mandatory allocation" as an allocation of liability at a non-federally-owned NPL vessel or facility: (1) for which the Administrator selects a remedial action after March 30, 1998; (2) for which the Administrator estimates that future response costs for such action will exceed $3 million; and (3) that involves two or more unaffiliated PRPs. Permits the Administrator to use any part of the allocation process to promote a settlement with respect to response actions that are not subject to mandatory allocations. Excludes from the allocation process remedial actions: (1) for which there are settlement or consent decrees with parties (other than de minimis parties or parties that settled on the basis of an inability to pay); (2) that are being addressed by a unilateral order issued by the Administrator before this Act's enactment; (3) for which all PRPs are liable as owners or operators; or (4) that are being carried out by a State. Applies mandatory allocations to: (1) response costs relating to the remedial action incurred after this Act's enactment date; and (2) unrecovered remedial investigation and feasibility study costs relating to the action incurred by the United States prior to such enactment. Establishes a moratorium on litigation for recovery of response costs or contributions in connection with remedial actions subject to mandatory allocation until 60 days after completion of allocation procedures. Stays pending actions until such prescribed period unless the court determines that a stay will result in manifest injustice. Permits the Attorney General to commence a civil action against a PRP or allocation party at any time if at the same time the Attorney General files a judicial consent decree resolving the liability of such a party. Sets forth requirements concerning the allocation process. Permits PRPs to nominate additional PRPs. Directs the United States, with respect to response actions that would otherwise be subject to mandatory allocation, to reimburse PRPs that agree to perform the response action and to acceptable settlement terms, for 100 percent of the orphan share, subject to the availability of funds. Requires the Administrator to initiate the allocation process at the request of any PRP that has not resolved liability and after the conclusion of any settlement negotiations. Provides that the allocation process shall not be required if a settlement is reached that resolves at least 70 percent of the total costs of the action that would be the subject of allocation. Describes allocation parties. Requires the Administrator and the allocation parties to select a neutral, third-party allocator. Subjects Federal PRPs to the allocation process in the same manner as such process is applied to other PRPs. Requires the allocator to provide a final allocation report to the Administrator, the Attorney General, and each allocation party that specifies the estimated contribution share of each party and any orphan share. Limits the admissibility in court of such report except for purposes of supporting a settlement between the United States and an allocation party. Authorizes the Administrator to require PRPs that did not enter into a settlement during pre-allocation negotiations to pay the costs of the allocation process. Sets forth confidentiality requirements with respect to information submitted to the allocator. Prescribes civil penalties for failures to maintain confidentiality of information. Describes authorities of the allocator with respect to information gathering. Sets forth: (1) conditions under which the Administrator and the Attorney General may reject the allocator's report; (2) requirements for settlements based on allocations; and (3) provisions regarding reimbursement. Makes specified amounts available from Superfund for funding orphan share contributions in FY 1999 through 2003. Authorizes the Attorney General to commence actions against parties that fail to resolve liability during pre-allocation negotiations or after allocation. Makes nonsettling parties subject to strict, joint, and several liability for unrecovered response costs, including costs of federally funded orphan and nonsettling party shares. Permits the President to: (1) file a proof of claim or take other action in a bankruptcy proceeding; (2) require performance of a response action at a facility subject to a mandatory allocation during the allocation process; or (3) file any actions necessary to prevent dissipation of a PRP's assets. Directs the Administrator to report annually to the Congress on funds made available to address orphan shares and shares of nonsettling parties in support of settlement activities. (Sec. 209) Makes parties who unsuccessfully challenge settlements between the President and any PRP liable to the United States and any settling party for attorney's fees and costs incurred in defending the settlement. Authorizes administrative orders which set forth terms of settlements to be issued only with the prior approval of the Attorney General in cases where total response costs exceed $2 million (currently, $500,000). Permits agencies with the authority to seek fines, penalties, and punitive damages under CERCLA to settle claims that may otherwise be assessed in civil administrative or judicial proceedings if the claim has not been referred to the Department of Justice for further action. Permits claims exceeding $300,000 to be settled only with the prior approval of the Attorney General. Authorizes the use of arbitration only for claims where response costs do not exceed $2 million (currently, $500,000). (Sec. 210) Absolves persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material: (1) contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard; or (2) is an item of scrap paper containing hazardous substances determined to present a significant human health or environmental risk. Title III: Remedy - Revises provisions regarding remedy selection. Requires remedial actions selected by the President to assure long-term reliability of protection of human health and the environment and, to the maximum extent practicable, make contaminated land available for beneficial use and return contaminated groundwater and surface water to beneficial use in a reasonable period of time. Requires remedial actions to protect uncontaminated groundwater and surface water unless it is technically infeasible or limited migration of contamination is necessary to facilitate restoration of groundwater to beneficial use. Lists minimum factors to be taken into account by the President in assessing alternative remedial actions and selecting remedial actions. Requires remedial actions, in the case of contaminated groundwater or surface water which may be used for drinking water, to require a level or standard of control which at least attains the maximum contaminant levels (MCLs) or non-zero MCL goals established under the Safe Drinking Water Act for the contaminants concerned. Requires remedial actions for hazardous substances that remain on site to comply with any more stringent and legally applicable tribal standard. Directs the President to ensure that a remedial action attains standards of control protective of human health in the environment in cases where: (1) no Federal, State, or tribal standard has been established for the specific hazardous substance present at the facility where the action is being undertaken; or (2) there are multiple hazardous substances present and the remedial action is not protective even though applicable requirements are attained. Removes a provision which requires the President to conform a remedial action to a State standard in cases where a State has initiated a lawsuit against the EPA prior to May 1, 1986. Sets forth minimum requirements for remedies for contaminated groundwater or surface water in cases where a legally applicable standard for a hazardous substance is waived due to findings of technical impracticability. Makes procedural requirements of State laws inapplicable to the portion of any removal or remedial action conducted entirely on site, except for recordkeeping and reporting. Requires the Administrator, in selecting remedies, to take into account reasonably anticipated future uses of land at a facility and, as appropriate, of nearby property. Sets forth factors to be considered in making assumptions regarding such uses. Directs the President, in selecting a remedial action to restore groundwater to drinking water or other beneficial uses, to defer to a State's classifications and designations relating to groundwater if specified conditions are met. Sets forth determinations and presumptions to be made by the Administrator in cases where there is no deference to a State. Prohibits, unless a State makes a designation otherwise, the use as drinking water of groundwater: (1) that contains more than 10,000 milligrams per liter total dissolved solids; (2) that is so contaminated by naturally occurring conditions or by the effects of human activity unrelated to a specific activity that restoration of drinking water quality is impracticable; or (3) from which the potential source of drinking water is physically incapable of yielding 150 gallons per day of water to a well or spring unless that source is or has been used as a drinking water source. Prohibits the President from selecting a remedial action that allows hazardous substances to remain on site above levels that would be protective for unrestricted use unless institutional controls are incorporated into the action to achieve protection of human health and the environment during and after completion of the action. Authorizes the President to use institutional controls as a supplement to, but not as a substitute for, other response measures, except in extraordinary circumstances. Lists requirements for actions that rely on institutional controls. Authorizes funds to be established for facilities for which the selected remedy is containment or at which hazardous substances remain on site above levels that would allow for unrestricted use of the facility. Directs the Administrator to report annually to the Congress, for each record of decision signed during the previous fiscal year, on the type of institutional controls and media affected and the institution designated to monitor, enforce, and ensure compliance with such controls. (Sec. 302) Authorizes the President, in order to respond to a release of a hazardous substance, to acquire a hazardous substance easement which limits or controls the use of land or other natural resources. Permits easements to be used wherever institutional controls have been selected as a component of a response action. Makes easements enforceable in perpetuity (unless terminated pursuant to this Act) against owners of affected property or persons who acquire interest in, or rights to use, the property. Directs the President to maintain a registry of all property at which institutional controls have been established in connection with response actions. (Sec. 303) Alters the criteria for the continuance of obligations for removal actions to provide that actions shall not continue after $4 million (currently, $2 million) has been obligated or two years (currently, 12 months) have elapsed from the date of initial response to a release or threatened release. Title IV: Community Participation and Human Health - Subtitle A: Community Participation - Revises provisions regarding grants for technical assistance to make such grants available to Community Advisory Groups or affected communities (defined as two or more individuals affected by the release or threatened release of a hazardous substance at a covered facility. Defines a "covered facility" as a facility: (1) that has been listed or proposed for listing on the NPL; (2) at which the Administrator is undertaking an action anticipated to exceed one year or a specified funding limit; or (3) with respect to which the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator has accepted a petition requesting a health assessment or related health activity. Expands the list of authorized grant activities. Requires the President to take specified actions to provide for meaningful public participation in every significant phase of response activities under CERCLA. Permits Community Advisory Groups, affected Indian tribes and communities, and local government and health officials to propose remedial alternatives to the President. Requires the President to make records relating to response actions at a facility available to the public throughout all phases of an action. Sets forth additional requirements with respect to public notice of certain removal actions. (Sec. 403) Requires States or Indian tribes with NPL sites to establish Waste Site Information Offices. Provides funding for such Offices. Directs the Administrator to establish Offices for States or tribes that fail to do so. (Sec. 404) Requires the President to provide the opportunity for the establishment of a Community Advisory Group, a representative public forum, to achieve direct, regular, and meaningful consultation with all interested parties throughout all stages of a response action whenever: (1) the President determines such a group will be helpful; or (2) ten individuals residing in the area in which the facility is located, or ten percent of the population of a locality in which the NPL facility is located, whichever is less, petition for a Group to be established. Authorizes such Groups to offer recommendations to the Administrator on the anticipated future use of land at a facility at any time prior to remedy selection, but provides that the Administrator shall not be bound by any such recommendation. Authorizes the President to provide administrative support for such Groups. Directs the Administrator to submit to the Congress a community study that includes an analysis of: (1) the speed of listing; (2) the speed and nature of response actions; (3) the degree to which public views are reflected in response actions; (3) future land use determinations and use of institutional controls; and (4) the population, race, ethnicity, and income characteristics of communities affected by facilities listed or proposed for listing on the NPL. Requires periodic updates of such study. Directs the Administrator to institute necessary improvements or modifications to address any deficiencies identified by the study. (Sec. 406) Requires the Administrator to conduct a program to assist in the recruitment and training of individuals in affected communities for employment in response activities. (Sec. 407) Directs the Administrator to evaluate areas such as Indian country or poor rural communities that warrant special attention and identify up to five facilities in each EPA region that are likely to warrant inclusion on the NPL. Accords such facilities a priority in evaluation for NPL listing and scoring. Subtitle B: Human Health - Requires the President to notify State and local public health authorities and tribal health officials whenever there is reason to believe that a release (or threat of release) of a hazardous substance, pollutant, or contaminant has occurred, is occurring, or is about to occur. Directs the ATSDR Administrator to perform a health assessment or related health activity, at a minimum, for each facility listed or proposed for listing on the NPL, including Federal facilities. Requires the ATSDR Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. (Sec. 414) Authorizes and directs the ATSDR Administrator, pursuant to specified grants and contracts, to facilitate the provision of health services to communities affected by the release of hazardous substances. (Sec. 415) Provides for cooperation with Indian tribes with respect to certain ATSDR activities. Requires the ATSDR Administrator to include in a biennial report on ATSDR activities the health impacts on Indian tribes of hazardous substances from covered facilities. Subtitle C: General Provisions - Sets forth effective dates for provisions of this title (upon enactment or 180 days after enactment). Title V: Natural Resource Damages - Revises provisions regarding the statute of limitations on actions for natural resource damages to remove a requirement that actions for such damages, with exceptions, be commenced within three years after the later of: (1) the date of discovery of the loss and its connection with the release in question; or (2) the date on which specified regulations regarding natural resource damage assessment are promulgated. Requires actions for such damages with respect to facilities at which there has been a corrective action or closure under the Solid Waste Disposal Act, a reclamation under the Uranium Mill Tailings Reclamation Act, or a response action under a State remediation, hazardous waste, water quality, or voluntary cleanup program, to be commenced before the later of: (1) three years from this Act's enactment date; or (2) three years from the date the responsible party provides notice of cleanup completion to all affected trustees. Requires commencement of such actions for facilities (other than those described above, NPL or Federal facilities, or those at which a remedial action has been scheduled) within three years of completion of an adopted restoration plan. (Sec. 502) Directs the President, in selecting remedial actions, to take into account the potential for injury to a natural resource resulting from such actions and the potential for mitigating injury to a resource by such actions. Requires the President to promulgate a regulation providing for consultation with the affected natural resource trustees regarding the inclusion or deletion of facilities on or from the NPL and coordination with such trustees with respect to releases under investigation and prior to selection of response actions. Authorizes affected trustees of natural resources injured, destroyed, or lost as a result of a release to participate in the trustees' selection of a restoration plan. Makes trustees who elect not to participate in such selection ineligible for Superfund monies for assessment of damages and natural resource restoration. Revises provisions regarding the use of recovered sums to permit such sums to be used only to restore or replace natural resources in the watershed, aquifer, or regional ecosystem in which the injury occurred and for the benefit of such resources or to acquire the equivalent of such resources in the watershed, aquifer, or regional ecosystem in which the injury occurred. (Current law allows the use of such sums to restore, replace, or acquire the equivalent of the injured resources.) Authorizes the use of recovered sums, in the case of a migratory species, to be applied for restoration or replacement of such species in a habitat in the migratory pathway of the species if all trustees participating in the selection of a restoration plan agree. Title VI: Federal Facilities - Revises provisions regarding the applicability of CERCLA to the U.S. Government. Makes Federal agencies subject to all Federal, State, interstate, and local requirements regarding response actions and damages related to, or management of, hazardous substances, pollutants, or contaminants in the same manner as any nongovernmental entity. Waives immunity of the United States with respect to the enforcement of injunctive relief. Makes Federal employees subject to criminal sanctions under State or Federal response laws. Authorizes the Administrator to issue an abatement order to a Federal agency and requires initiation of an administrative enforcement action in the same manner as action would be initiated against any other person. Requires all funds collected by a State from the Federal Government from penalties imposed under this section to be used only for projects to improve or protect the environment or to defray costs of environmental protection or enforcement unless a State law requires such funds to be used differently. (Sec. 604) Sets forth additional conditions under which a Federal property may be transferred to any other person without a covenant warranting that all remedial action has been taken on the property. Establishes additional assurances to be contained in deeds governing such transfers with regard to hazardous substance releases for which a Federal agency is potentially responsible. (Sec. 605) Allows the President to designate NPL-listed or -proposed Federal facilities to facilitate the development of innovative technologies for remedial action. Requires a report to the Congress. Title VII: State Roles - Authorizes States, pursuant to contracts or cooperative agreements, to apply to the Administrator to take or require: (1) preremedial actions at any non-federally owned or operated facility that is not listed on the NPL; or (2) specified response and cost recovery actions, remedy selections, settlements, allocations, and community participation activities at non-federally owned or operated NPL facilities or removal actions at any facility proposed for NPL listing. Sets forth requirements for State enforcement and allocation of liability. (Sec. 702) Prohibits the Administrator from providing funding to States for response actions or response actions, except for emergency removal actions, unless the affected State provides assurances that it will pay ten percent of the cost of the action or funding and will assure oversight of any operation and maintenance of response actions. (Sec. 703) Expands CERCLA provisions regarding treatment of Indian tribes to afford Indian tribes the same treatment as States with respect to provisions regarding voluntary response actions, cleanup standards, compliance with consent decrees, and delegation of authority with respect to facilities located in Indian country. (Sec. 704) Permits States to apply to the Administrator to exercise specified CERCLA authorities at Federal facilities. Title VIII: Funding - Extends the authorization of appropriations to carry out specified Superfund authorities through FY 2003. Title IX: Miscellaneous - Requires the Administrator to establish a small business Superfund assistance section within the EPA small business ombudsman office. (Sec. 903) Revises CERCLA report requirements. (Sec. 904) Extends certain provisions authorizing reimbursements by the President to local governments affected by releases or threatened releases to affected States as well. Title X: 5-Year Extension of Hazardous Substance Superfund - Amends the Internal Revenue Code to extend the environmental income tax to taxable years beginning after December 31, 1998, and before January 1, 2004. Extends specified provisions regarding: (1) Superfund's financing rate; (2) limits on tax if the unobligated balance in Superfund exceeds a specified amount; and (3) the repayment deadline for advances made to Superfund. Increases the aggregate tax which may be collected from $11.97 billion to $22 billion until December 31, 2003.
Bill· HRH.R. 3584 (105th)referred
United States · United States Congress · 30 March 1998
Prohibits the Secretary of Health and Human Services, during the year following enactment of this Act, from modifying regulations in effect as of enactment of this Act with respect to the operation of the Organ Procurement and Transplantation Network under the Public Health Service Act, including regulations concerning the Network under the Social Security Act. Declares that, during such one-year period, a specified final rule published in the Federal Register has no legal effect.
Bill· SS. 1875 (105th)referred
United States · United States Congress · 27 March 1998
Fetal Alcohol Syndrome and Fetal Alcohol Effect Prevention and Services Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish a comprehensive Fetal Alcohol Syndrome (FAS) and Fetal Alcohol Effect (FAE) prevention, intervention, and services delivery program. Authorizes the Secretary to award grants, cooperative agreements, and technical assistance to eligible State, tribal, and local governments, scientific or academic institutions, and nonprofit organizations to carry out such activities. Directs the Secretary to establish a National Task Force on Fetal Alcohol Syndrome and Fetal Alcohol Effect to: (1) foster coordination among governmental agencies, academic bodies, and community groups that support FAS and FAE research, programs, and surveillance and otherwise meet the needs of populations actually or potentially impacted by FAS and FAE; and (2) advise Federal, State, and local programs and research concerning FAS and FAE. Authorizes appropriations for FY 1999 through 2003. Terminates application of this Act seven years after the date on which all Task Force members have been appointed.
Law· HRH.R. 3579 (105th)enacted
United States · United States Congress · 27 March 1998
TABLE OF CONTENTS: Title I: Emergency Supplemental Appropriations Chapter 1: Department of Agriculture Chapter 2: Department of Defense Chapter 3: Department of Defense - Civil Chapter 4: Department of the Interior Chapter 5: Department of Defense - Military Construction Chapter 6: Department of Transportation Title II: Rescissions Title III: General Provisions - This Act 1998 Emergency Supplemental Appropriations Act - Makes emergency supplemental appropriations and rescissions for FY 1998. Title I: Emergency Supplemental Appropriations - Chapter 1: Department of Agriculture - Makes emergency supplemental appropriations for the Department of Agriculture for: (1) the Emergency Conservation Program; (2) the tree assistance program; (3) the Agricultural Credit Insurance Fund Program Account for emergency insured loans; (4) the Commodity Credit Corporation Fund for livestock and dairy production disaster assistance; and (5) the Natural Resources Conservation Service for watershed and flood prevention operations. Chapter 2: Department of Defense - Makes emergency supplemental appropriations for the Department of Defense (DOD) for: (1) military personnel, Army, Navy, Marine Corps, and Air Force and for reserve personnel, Navy; (2) operation and maintenance (O&M), Army, Navy, Marine Corps, Air Force, Army Reserve, Air Force Reserve, Army National Guard, and Air National Guard as well as defense-wide O&M; (3) the Overseas Contingency Operations Transfer Fund; (4) the Navy Working Capital Fund; (5) the Defense-Wide Working Capital Fund; and (6) the Defense Health Program. (Sec. 203) Appropriates an additional amount for DOD for the Reserve Mobilization Income Insurance Fund. (Sec. 204) Directs the Secretary of Defense to appoint an independent panel of experts to evaluate recent measures taken to improve the quality of care provided by the Military Health Services System. Requires the panel to: (1) review the DOD Access and Quality Improvement Initiative to assess whether all measures have been taken to ensure that the System delivers services in accordance with high professional standards; and (2) report findings and recommendations to the Secretary, to be forwarded to the Congress. Makes specified funds available for the panel and for any activity identified by the panel that will improve System health care. Chapter 3: Department of Defense - Civil - Makes emergency supplemental appropriations for DOD for the Army Corps of Engineers for general O&M for emergency repairs. Makes additional funds available for the Department of the Interior, Bureau of Reclamation for water and related resources to repair damage caused by natural disasters. Chapter 4: Department of the Interior - Makes emergency supplemental appropriations for the Department of the Interior for: (1) the U.S. Fish and Wildlife Service and the National Park Service for construction to repair damage caused by natural disasters; and (2) the U.S. Geological Survey for surveys, investigations, and research related to emergency expenses. Makes additional funds available for the Forest Service for State and private forestry and National Forest System emergency expenses. Chapter 5: Department of Defense - Military Construction - Makes emergency supplemental appropriations available for DOD for: (1) the Base Realignment and Closure Account, Part III for costs arising from El Nino damage; and (2) family housing, Navy and Marine Corps and Air Force for costs arising from Typhoon Paka and El Nino damage. Chapter 6: Department of Transportation - Makes emergency supplemental appropriations for the Department of Transportation for: (1) Federal-Aid Highways emergency expenses; and (2) the Federal Railroad Administration for emergency railroad rehabilitation and repair. Title II: Rescissions - Rescinds specified amounts of funds for: (1) the Department of Education for bilingual and immigrant education; (2) Federal Aviation Administration grants-in-aid for airports; (3) the Department of Housing and Urban Development for Section 8 reserves; and (4) the Corporation for National and Community Service for operating expenses of national and community service programs. Title III: General Provisions - This Act - Bars the use of funds made available by this Act for offensive operations by the armed forces against Iraq for purposes of obtaining compliance with United Nations Security Council resolutions relating to inspection and destruction of weapons of mass destruction unless such operations are authorized by a law enacted after this Act's enactment.
Bill· HRH.R. 3571 (105th)referred
United States · United States Congress · 27 March 1998
Persian Gulf Veterans Health Care Extension Act of 1998 - Extends through December 31, 2001, the authority of the Secretary of Veterans Affairs to provide priority health care to Persian Gulf War veterans.
Bill· HRH.R. 3580 (105th)open
United States · United States Congress · 27 March 1998
TABLE OF CONTENTS: Title I: Supplemental Appropriations Chapter 1: Department of Agriculture Chapter 2: Department of State Chapter 3: Department of Energy Chapter 4: Foreign Operations, Export Financing, and Related Programs Chapter 5: Department of the Interior Chapter 6: Department of Health and Human Services Chapter 7: Legislative Branch Chapter 8: Department of Transportation and Related Agencies Chapter 9: Department of the Treasury Chapter 10: Department of Veterans Affairs Chapter 11: Department of Defense - Military Construction Title II: Rescissions Title III: General Provisions - This Act 1998 Supplemental Appropriations and Rescissions Act - Makes supplemental appropriations and rescissions for FY 1998. Title I: Supplemental Appropriations - Chapter 1: Department of Agriculture - Authorizes the Secretary of Agriculture to compensate for economic losses of persons who had or will have wheat stored in a storage facility that was, or may be, subject to an emergency action notice relating to the presence of Karnal bunt. Makes supplemental appropriations for the Department of Agriculture for: (1) departmental administration; (2) the Office of the General Counsel; and (3) the Agricultural Credit Insurance Fund Program Account for direct and unsubsidized guaranteed farm ownership loans, direct and guaranteed subsidized farm operating loans, and boll weevil eradication program loans. Makes additional funds available for salaries and expenses of the Food and Drug Administration. Chapter 2: Department of State - Makes supplemental appropriations for the Department of State for arrearage payments for the United Nations and assessed expenses of international peacekeeping. Prohibits the obligation or expenditure of funds for arrearages and international peacekeeping until the share of all assessed contributions for the regular United Nations budget does not exceed 22 percent (and 25 percent for each peacekeeping operation) for any single member. Chapter 3: Department of Energy - Makes an additional amount available for Department of Energy (DOE) departmental administration to cover increases in the cost of work for others, provided such costs are offset by revenue increases derived from specified fees under the Atomic Energy Act of 1954. (Sec. 301) Sets forth limitations on specified DOE projects. Chapter 4: Foreign Operations, Export Financing, and Related Programs - Makes supplemental appropriations for foreign operations, export financing, and related programs for: (1) an increase in the U.S. quota in the International Monetary Fund (IMF); and (2) loans to the IMF under the Bretton Woods Agreements Act pursuant to new arrangements to borrow. Declares that a specified amount of bilateral economic assistance should be made available for Bolivia. (Sec. 401) Prohibits the use of funds appropriated for the U.S. quota in the IMF until the Secretary of the Treasury reports to the appropriate congressional committees that it is IMF policy that arrangements in excess of $500 million involving the use of resources available to the IMF shall include provisions committing the borrowing country to: (1) comply with the terms of international trade agreements of which the country is a signatory; (2) eliminate the policy of Government-directed lending by financial institutions; and (3) guarantee nondiscriminatory treatment in debt resolution proceedings between domestic and foreign creditors and debtors and other concerned persons. (Sec. 402) Requires the Secretary to report to the appropriate congressional committees on: (1) the implementation of IMF-led financial stabilization programs in countries in connection with which the United States has made a commitment to provide or has provided financing from the exchange stabilization fund; and (2) impending disbursements to such countries. (Sec. 403) Directs the Secretary to establish an International Financial Institution Advisory Commission that shall report recommendations to the appropriate committees on the future role and responsibilities of the IMF and the International Bank for Reconstruction and Development. International Monetary Fund Reform and Authorization Act of 1998 - Amends the Bretton Woods Agreement Act to authorize the U.S. Governor of the IMF to consent, subject to appropriations, to a specified increase in the U.S. IMF quota of Special Drawing Rights. Makes such amendment effective only if the Secretary certifies to certain congressional committees that the investors and banks have made a significant contribution in conjunction with a financing package that, in the context of an international financial crisis, might include taxpayer supported official financing. (Sec. 406) Sets forth conforming amendments for Federal participation in new arrangements to borrow. (Sec. 407) Amends the International Financial Institutions Act (the Act) to direct the Secretary of the Treasury to instruct the U.S. Executive Director of the IMF to promote specified policies, including: (1) structuring programs and assistance so as to promote policies and actions that will contribute to exchange rate stability and avoid competitive devaluations; (2) promoting market-oriented reform, trade liberalization, economic growth, democratic governance, and social stability through certain measures; (3) strengthening financial systems in developing countries and encouraging the adoption of sound banking principles and practices; (4) facilitating the development and implementation of internationally acceptable domestic bankruptcy laws in developing countries; (5) promoting policies that aim at appropriate burden-sharing by the private sector so that investors and creditors bear more fully the consequences of their decisions; (6) fostering structural reforms, including procurement reform, that reduce opportunities for corruption, bribery, and drug-related money laundering; (7) designing IMF programs and assistance so that governments channel public funds away from unproductive purposes, including large showcase projects and excessive military spending, and toward investment in human and physical capital; (8) structuring IMF programs and assistance so that improvement of labor standards is incorporated as an integral goal in the policy dialogue with recipient countries; (9) discouraging practices which may promote ethnic or social strife in a recipient country; (10) promoting IMF recognition that macroeconomic developments and policies can affect and be affected by environmental conditions and policies; (11) facilitating greater IMF transparency and accountability; and (12) promoting structural reforms which facilitate credit to small businesses, including microenterprise lending, especially in the world's poorest, heavily indebted countries. Directs the Secretary to establish an IMF Advisory Committee to advise the Secretary on the extent to which individual country IMF programs meet the policy goals set out in the Act. (Sec. 408) Denies Federal funds to the IMF unless the Secretary certifies to specified congressional committees that the IMF has made certain meeting minutes and reviews of loan programs available for public inspection. (Sec. 409) Instructs the Secretary to certify to certain congressional committees that the U.S. Executive Director of the IMF will oppose further fund disbursements to Indonesia unless its government complies with the terms of its IMF reform package. (Sec. 410) Expresses the sense of the Congress that Japan should assume a greater regional leadership role, coinciding with its goal of promoting strong domestic demand-led growth and avoiding a significant increase in its external surplus with the United States and the countries of the Asia-Pacific region. (Sec. 412) Instructs the Secretary to submit status reports to certain congressional committees regarding progress made toward achieving specified objectives to strengthen safeguards in the global financial system, including measures to promote more efficient functions of global markets. Requires such a report also on progress the U.S. Executive Director of the IMF has made in influencing the IMF to adopt specified policies and reforms of its internal procedures. (Sec. 414) Directs the Secretary to certify to certain congressional committees that the Secretary has instructed the U.S. Executive Director of the IMF to facilitate timely access by the General Accounting Office (GAO) to IMF information and documents needed by GAO to perform financial reviews of the IMF that will facilitate the conduct of U.S. policy with respect to it. Instructs the Comptroller General to report annually to such congressional committees on IMF financial operations. Chapter 5: Department of the Interior - Makes supplemental appropriations for the Department of the Interior for: (1) the Minerals Management Service for royalty and offshore minerals management to meet increased demand and workload requirements stemming from leasing activity in the Gulf of Mexico; (2) the Abandoned Mine Reclamation Fund, to be derived from a transfer of funds; and (3) the Bureau of Indian Affairs (BIA) for operation of Indian programs and the Office of Special Trustee for American Indians for Federal trust programs to support litigation involving individual Indian trust fund accounts. Chapter 6: Department of Health and Human Services - Makes additional funds available for the Department of Health and Human Services for Health Care Financing Administration program management. (Sec. 602) Authorizes the obligation of a limited amount of funds in FY 1998 for contracts with Utilization and Quality Control Peer Review Organizations pursuant to the Social Security Act. Chapter 7: Legislative Branch - Makes supplemental appropriations for the legislative branch for: (1) payments to widows of specified Members of Congress; and (2) the Architect of the Capitol for Capitol building salaries and expenses and for the Capitol Square perimeter security plan. Chapter 8: Department of Transportation and Related Agencies - Provides additional funds for the Department of Transportation (DOT) for the Amtrak Reform Council and for National Transportation Safety Board salaries and expenses for expenses resulting from the crash of TWA Flight 800. Chapter 9: Department of the Treasury - Makes supplemental appropriations for the Department of the Treasury for: (1) automation enhancement; (2) Treasury building and annex repair and restoration; and (3) Financial Management Service salaries and expenses for year 2000 century date change conversion requirements. Chapter 10: Department of Veterans Affairs - Provides additional funds for the Veterans Benefits Administration for compensation and pensions. Prohibits requirements set forth in any carbon monoxide Federal implementation plan based on the Clean Air Act as in effect prior to the 1990 amendments from being imposed in Arizona. Authorizes the Administrator of the National Aeronautics and Space Administration to transfer specified funds to the account for human space flight for the International Space Station program. Chapter 11: Department of Defense - Military Construction - Directs the Secretary of the Navy to carry out beach replenishment in connection with the military construction project for North Island Naval Air Station, California. Title II: Rescissions - Rescinds specified amounts of Department of Agriculture funds for: (1) the Agricultural Research Service; (2) Animal and Plant Health Inspection Service salaries and expenses; (3) the Agricultural Marketing Service; (4) Grain Inspection, Packers and Stockyards Administration salaries and expenses; (5) the Food Safety and Inspection Service; (6) Farm Service Agency salaries and expenses; (7) unsubsidized guaranteed operating loans from the Agricultural Credit Insurance Fund; (8) Natural Resources Conservation Service operations; (9) Rural Housing Service salaries and expenses; and (10) Food and Nutrition Service food program administration. Limits specified funds available for salaries and expenses of personnel to carry out a conservation farm options program. Rescinds specified amounts of funds for the Department of the Interior for: (1) Bureau of Land Management management of lands and resources; (2) Oregon and California grant lands; (3) Fish and Wildlife Service resource management and construction; (4) National Park Service and BIA construction; and (5) the Bureau of Mines. Rescinds specified amounts of Forest Service funds for: (1) forest and rangeland research; (2) State and private forestry; (3) the National Forest System; (4) wildland fire management; and (5) reconstruction and construction. Rescinds specified amounts of DOT funds for: (1) payments to air carriers and small community air service; (2) the Federal Aviation Administration for facilities, engineering, and development and grants-in-aid for airports; and (3) the Federal Railroad Administration for Conrail labor protection. Rescinds specified amounts of Department of Treasury funds for: (1) Treasury building and annex repair and restoration; (2) Customs Service salaries and expenses; and (3) Internal Revenue Service information technology investments. Title III: General Provisions - This Act - Prohibits any part of an appropriation contained in this Act from remaining available for obligation beyond the current fiscal year unless provided otherwise.
Bill· SS. 1866 (105th)open
United States · United States Congress · 26 March 1998
Child Health Care Quality Research Improvement Act - Directs the Secretary of Health and Human Services to award at least ten grants annually to eligible public or nonprofit private entities at geographically diverse locations throughout the United States for research training programs dedicated to child health services research training initiatives at the doctoral, post-doctoral, and junior faculty levels. Authorizes appropriations for FY 1999 through 2003. Requires the Secretary to award grants to eligible public or nonprofit entities for the establishment of at least ten national centers for excellence in child health improvement research and five national child health provider quality improvement research networks at geographically diverse locations throughout the United States. Describes eligibility requirements. Authorizes appropriations for FY 1999 through 2003. Requires the Secretary to: (1) provide support to entities with expertise in pediatric quality of care and outcomes research for improving the quality of children's health, especially in high priority areas (areas of compelling scientific or public policy significance); and (2) establish an advisory committee to evaluate progress in such activities and to identify new high priority areas. Authorizes appropriations for FY 1999 through 2003. Directs the Secretary to provide assistance to enable Federal agencies to: (1) conduct ongoing biennial supplements and initiate and maintain a longitudinal study on children's health linked to existing national surveys to provide for reliable national estimates of health care expenditures, cost, use, access, and satisfaction for children and for other related purposes; and (2) develop an ongoing 50-State survey to generate such estimates. Requires the Secretary to award grants to eligible public and nonprofit entities for developing the capacity of local communities to improve child health monitoring. Authorizes appropriations for FY 1999 through 2003. Directs the Secretary to report to the Congress on progress made in pediatric quality of care and outcomes research.
Bill· SS. 1864 (105th)referred
United States · United States Congress · 26 March 1998
Medicare Social Work Equity Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to exclude clinical social worker services from coverage under the Medicare skilled nursing facility prospective payment system.
Bill· SS. 1867 (105th)referred
United States · United States Congress · 26 March 1998
Small Business Paperwork Reduction Act Amendments of 1998 - Amends the Paperwork Reduction Act to require the Director of the Office of Management and Budget to: (1) publish annually in the Federal Register a list of requirements applicable to small business concerns with respect to collection of information by agencies (requiring the first such publication within one year after enactment of this Act); and (2) make such list available on the Internet (again within one year after enactment). Requires each Federal agency, with respect to the collection of information and the control of paperwork, to establish one agency point of contact to act as a liaison with small businesses. Requires each such agency, in the case of a first-time information collection violation by a small business, to impose no civil fine on such business unless: (1) the head of the agency determines that the violation has caused actual serious harm to the public, or that failure to impose a fine would impede the detection of criminal activity, or presents an imminent and substantial danger to public health or safety; or (2) the violation concerns the collection of a tax or is not corrected within six months after violation notification. Authorizes each agency, if a violation presents an imminent and substantial danger to public health or safety, to impose no civil fine if the violation is corrected within 24 hours after violation notification, taking into account specified factors. Requires each agency to make efforts to further reduce the paperwork burden for small businesses with fewer than 25 employees. Establishes a task force to study and report to specified congressional committee members on the feasibility of streamlining requirements with respect to small businesses regarding the collection of information.
Bill· HRH.R. 3567 (105th)open
United States · United States Congress · 26 March 1998
Medicare Home Health Equity Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to provide for: (1) restoration of the per visit cost limit to 112 percent of the mean of costs with regard to payments to home health agencies under Medicare; and (2) revision of the interim payment system for home health services.
Bill· HRH.R. 3568 (105th)open
United States · United States Congress · 26 March 1998
Mental Health and Substance Abuse Parity Amendments of 1998 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Internal Revenue Code, and the Public Health Service Act to prohibit group and individual health plans from imposing treatment limitations or financial requirements on the coverage of mental health benefits, or substance abuse and chemical dependency benefits, if similar limitations or requirements are not imposed on medical and surgical benefits. Amends the Health Insurance Portability and Accountability Act of 1986 to provide for coordination in implementation of such amendments.
Bill· HRH.R. 3570 (105th)referred
United States · United States Congress · 26 March 1998
Medicare Social Work Equity Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to exclude clinical social worker services from coverage under the Medicare skilled nursing facility prospective payment system.
Bill· SS. 1858 (105th)open
United States · United States Congress · 25 March 1998
TABLE OF CONTENTS: Title I: Establishment of Options Program Title II: Expanded Availability of Health Care Services Title III: Demonstration Projects and Outreach Title IV: Miscellaneous Work Incentives Improvement Act of 1998 - Title I: Establishment of Options Program - Amends title XI of the Social Security Act (SSA) to add a new part D (OPTIONS Program for Working Individuals with Disabilities). Directs the Commissioner of Social Security to establish the OPTIONS program under which an eligible working individual with a disability and an SSDI (Social Security Disability Insurance) Options program participant shall receive, without being subjected to a waiting period, work incentive services under SSA title XIX (Medicaid) to the extent the State in which the individual or participant resides makes such services available in accordance with title II of this Act, as well as work counseling and assistance. (Sec. 101) Requires an SSDI OPTIONS program participant to be provided, after having been entitled to receive cash benefits under the Disability Insurance Benefits (DIB) program under SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) for at least 24 months (or having participated in the OPTIONS program for at least such period), with the opportunity to purchase Medicare hospital insurance benefits and supplementary medical insurance benefits for as long as the individual participates in the OPTIONS program. Requires such SSDI OPTIONS program participant to choose: (1) to waive DIB cash benefits and acquire average monthly earnings from substantial gainful activity in excess of the amount designated to represent such activity by the Commissioner; or (2) if at the time the individual first elects to participate in the OPTIONS program, he or she has received DIB cash benefits for at least 24 months, to not waive such benefits, and to continue to be subject to the limitation imposed by the Commission for other disability beneficiaries under DIB with respect to average monthly earnings from substantial gainful activity. Outlines continuing disability and other work-related reviews with regard to SSDI OPTIONS program participants, as well as the rules applicable to such program participants who choose to retain cash DIB benefits. Provides that if an SSDI OPTIONS program participant terminates his or her employment, the participant shall: (1) no longer be considered an SSDI OPTIONS program participant; and (2) be presumed automatically eligible for cash DIB benefits and hospital insurance benefits under OASDI, and for Supplemental Security Income (SSI) benefits under SSA title XVI and medical assistance under SSA title XIX (Medicaid), and any month in which the participant participated in the OPTIONS program shall be included in the determination of the 24-month period required for hospital insurance benefits under OASDI. Such a participant shall continue to be eligible for work incentive services under a State work options program only to the extent that the individual's State of residence offers such services and the participant otherwise qualifies for them. Makes appropriations to carry out the OPTIONS program, except for work incentive counseling and assistance program components, which are to be funded out of amounts available for the OASDI and SSI programs. (Sec. 102) Amends title XI of the Social Security Act to direct the Commissioner to establish a community-based work incentive counseling and assistance program under which the Commissioner shall enter into agreements to provide counseling and assistance to eligible working individuals with a disability and SSDI OPTIONS program participants. Requires such agreements to be made with States and public and private agencies and organizations other than Social Security Administration Field Offices that the Commissioner determines have experience in providing rehabilitation services or independent living and social services to working individuals with disabilities, and are qualified to provide counseling and assistance in accordance with specified requirements. Title II: Expanded Availability of Health Care Services - Amends SSA title XIX (Medicaid) to provide for a State Work Options Program for States that elect through a plan amendment to provide work incentive services to qualified eligible working individuals with a disability and to work eligible individuals. Provides for certain limitations on premiums and cost-sharing under such program. Gives priority under such program for personal assistance services to 16- through 25-year-old work eligible individuals. (Sec. 201) Requires a State to provide a choice of provider models for receiving personal assistance services. Prohibits payment under the program for any work incentive services provided to an eligible participant who is also eligible for: (1) health benefits coverage offered by the individual's employer; or (2) any other coverage or payment available for such services, including a vocational rehabilitation program. (Sec. 202) Amends SSA title XVIII (Medicare) to provide for an extension of Medicare Hospital Insurance and Supplementary Medical Insurance for SSDI OPTIONS Program participants. Amends the Internal Revenue Code to provide for disclosure of taxpayer return information to the Social Security Administration for purposes of collecting premiums for SSDI OPTIONS Program participants receiving extended Medicare benefits. Title III: Demonstration Projects and Outreach - Amends the Social Security Disability Amendments of 1980 to provide for an extension of disability insurance program demonstration project authority to include any group of participants with impairments that reasonably may be presumed to be disabled. (Sec. 301) Amends SSA title XI to prescribe requirements for consideration of demonstration project waivers to reduce work disincentives for individuals with disabilities. Expresses the sense of the Congress that the Commissioner of Social Security and the Secretary of Health and Human Services should establish additional demonstration projects to assist individuals with disabilities to engage in work. (Sec. 302) Directs the Commissioner of Social Security to establish and conduct directly, or through grants, contracts, or interagency agreements, an ongoing program of outreach to individuals with disabilities who are potentially eligible to participate in the OPTIONS program or to engage in substantial gainful activity under SSI, and to the families of such individuals. Directs the Commissioner of Social Security to: (1) prepare and disseminate information explaining the OPTIONS program and the opportunity to engage in substantial gainful activity; and (2) work in cooperation with other Federal, State, and private agencies and nonprofit organizations that serve disabled individuals, and with agencies and organizations that focus on vocational rehabilitation and work-related training and counseling. Title IV: Miscellaneous - Requires the Commissioner of Social Security and the Secretary of Health and Human Services to report jointly to the Congress their recommendations for any administrative or legislative changes, including changes to the OPTIONS program for working individuals with disabilities, that they determine would be appropriate to reduce work disincentives for individuals with disabilities.
Bill· SS. 1862 (105th)referred
United States · United States Congress · 25 March 1998
Poison Control Center Enhancement and Awareness Act - Directs the Secretary of Health and Human Services to provide coordination and assistance to regional poison control centers for the establishment of a nationwide toll-free phone number to be used to access such centers. Authorizes appropriations for FY 1999 through 2001. Requires the Secretary to establish a national media campaign to educate the public about poison prevention and the availability of poison control resources in local communities and to conduct advertising campaigns concerning the nationwide toll-free number. Authorizes appropriations for FY 1999 through 2003. Directs the Secretary to award grants to certified regional poison control centers for purposes of achieving financial stability and for preventing and providing treatment recommendations for poisoning. Lists other activities for which the Secretary shall use funds. Sets forth center certification requirements. Authorizes appropriations for FY 1999 through 2001.
Bill· HRH.R. 3547 (105th)referred
United States · United States Congress · 25 March 1998
Patient Choice and Access to Quality Health Care Act of 1998 - Amends the Public Health Service Act (PHSA) to establish additional protections for enrollees in group health plans. (Sec. 3) Requires any group health plan, and any health insurance issuer offering group health insurance coverage, that restricts the health care professionals from whom benefits may be obtained to guarantee enrollees timely access to primary and specialty health care professionals appropriate to the enrollee's condition, including specialized treatment when medically necessary, and specialists for ongoing care. Declares that a plan's or issuer's use of case management may not create an undue burden for enrollees. Requires plans and issuers to provide: (1) a meaningful and expedited procedure for resolving enrollee grievances; and (2) timely notice of any denial of services in-network or denial of payment for out-of-network care. Requires plans and issuers to establish a board of appeals to hear and make determinations on enrollee complaints. Requires plans and issuers to provide each enrollee, at the time of enrollment and annually, an explanation of enrollees' rights and a copy of the most recent enrollee information checklist, containing certain required information. Prohibits a plan or an issuer from operating any health care professional incentive plan under which a specific payment is made directly or indirectly under the plan to a health care professional or professional group as an inducement to reduce or limit medically necessary services provided with respect to enrollees. Prohibits a plan or an issuer from prohibiting or restricting any medical communication as part of: (1) a written contract or agreement with a health care professional; (2) a written statement to such a professional; or (3) an oral communication to such a professional. Declares null and void any existing written contract or agreement with a health care professional that contains such a prohibition or restriction. Requires a plan or issuer that offers benefit coverage only if services are furnished through a network of professionals and other persons under contract with the plan or issuer, also to offer enrollees (at the time of enrollment) the option of coverage of such services not furnished through network professionals and other persons. States that this requirement shall apply only in accordance with this Act upon a finding by the Secretary of Health and Human Services that the other patient protections have not assured quality of care. Amends the Employee Retirement Income Security Act of 1974 to incorporate the requirements of this Act. Amends PHSA to apply the requirements of this Act to health insurance coverage offered by an issuer in the individual market in the same manner as they apply to health insurance coverage offered in connection with a group health plan in the small or large group market. (Sec. 4) Directs the Secretary to study and report to the Congress on the effectiveness of this Act in assuring quality of care for patients. Requires such report to make a specific finding as to whether, taking into account the patient protections provided under this Act, individuals covered under health plans are not being provided quality care. Sets forth an alternative effective date for the out-of-network requirement of this Act in the event of a negative finding, in which the Congress concurs by joint resolution or Act.
Resolution· HCONRESH.Con.Res. 250 (105th)referred
United States · United States Congress · 25 March 1998
Declares that the Congress: (1) encourages State and Federal agencies to use federally sponsored research to develop education programs to raise the awareness of health professionals and the public about the dangers of sleep deprivation; (2) calls for additional Federal research that would lead to proper diagnosis and treatment of sleep disorders; (3) urges Federal agencies to help facilitate the education of primary care practitioners in the proper diagnosis and treatment of such disorders; and (4) supports educational programs for researchers, accident investigators, and law enforcement officials to identify transportation and workplace accidents caused by or related to fatigue or sleep deprivation.
Bill· HRH.R. 3532 (105th)open
United States · United States Congress · 24 March 1998
TABLE OF CONTENTS: Title I: Authorization Title II: Other Provisions Nuclear Regulatory Commission Authorization Act for Fiscal Year 1999 - Title I: Authorization - Authorizes appropriations from the Nuclear Waste Fund for FY 1999 for: (1) the Nuclear Regulatory Commission (NRC); and (2) the NRC Office of Inspector General. (Sec. 102) Allocates such appropriations among: (1) Nuclear Reactor Safety; (2) Nuclear Materials Safety; (3) Nuclear Waste Safety; (4) Common Defense and Security and International Involvement; (5) Protecting the Environment; and (6) Management and Support. Restricts the NRC from using more than one percent of such allocations to make grants and enter into cooperative agreements with organizations such as universities, State and local governments, and not-for-profit institutions. Mandates NRC notification to the Congress as a prerequisite to specified reallocations. Restricts the use of Nuclear Waste Fund appropriations solely to NRC high-level nuclear waste activities. (Sec. 104) Authorizes the NRC to transfer specified funds from non-Nuclear Waste Fund appropriations to its Office of Inspector General. (Sec. 106) Requires that appropriations for NRC regulatory assistance to Federal agencies for activities that do not derive their funding from the Nuclear Waste Fund be excluded from the calculation of the aggregate amount of specified charges. (Sec. 107) Amends the Omnibus Budget Reconciliation Act of 1990 to extend through FY 2003 NRC authority to assess and collect user fees and annual charges. Title II: Other Provisions - Amends the Atomic Energy Act of 1954 to repeal the requirement that the NRC maintain an office for the service of process and papers within the District of Columbia. (Sec. 202) Provides that the initial duration of a combined construction and operating license for a production or utilization facility may not exceed 40 years from the date on which the NRC finds, prior to facility operation, that specified statutory acceptance criteria have been met. (Sec. 203) Establishes a fund in the Treasury to receive gifts, bequests, and donations of real and personal property to the NRC. Prescribes NRC duties regarding such acquisitions. (Sec. 204) Prescribes guidelines for the carrying of firearms and the authority to make arrests by employees or contractors of NRC licensees or certificate holders for the protection of property of significance to the common defense and security located at facilities owned or operated by an NRC licensee or certificate holder or being transported to or from such facilities. (Sec. 205) Revises the crime of sabotage of Federal nuclear facilities to cover any production, utilization, waste storage, treatment, disposal, uranium enrichment, or nuclear fuel fabrication facility subject to licensing or certification under this Act during its construction where the destruction or damage caused or attempted could affect public health and safety during facility operation. (Sec. 206) Authorizes the NRC to issue trespass regulations relating to property subject to its licensing or certification authority. (Sec. 207) Amends the Energy Reorganization Act of 1974 to prescribe guidelines for temporary continuation of service by an NRC commissioner whose term has expired.
Bill· HRH.R. 3538 (105th)referred
United States · United States Congress · 24 March 1998
Affordable Health Insurance Act of 1998 - Amends the Public Health Service Act to limit the premiums an insurer may charge for new or renewal individual enrollment for an individual who is eligible because of prior group coverage. Adds the same limit to provisions relating to State flexibility in individual market reforms.
Bill· HRH.R. 3535 (105th)referred
United States · United States Congress · 24 March 1998
Establishes an alternative dispute resolution (ADR) procedure for all health care liability actions, except: (1) an action for damages arising from a vaccine-related injury or death to the extent that title XXI of the Public Health Service Act applies; or (2) an action under the Employee Retirement Income Security Act of 1974. Specifies the extent to which this Act preempts State and other Federal law, as well as the limits of its effect on State, Federal, and foreign government sovereign immunity. (Sec. 2) Establishes a statute of limitations for health care liability actions of two years from the date on which the alleged injury was discovered or should reasonably have been discovered, but in no case more than five years after the date the alleged injury occurred. (Sec. 3) Makes a defendant in any health care liability action liable (severally but not jointly) only for the amount of noneconomic damages attributable to such defendant in direct proportion to the defendant's share of fault or responsibility for the claimant's actual damages, as determined by the trier of fact. Requires for the award of punitive damages that the claimant establish by clear and convincing evidence that the harm suffered was the result of conduct: (1) specifically intended to cause harm; or (2) manifesting a conscious, flagrant indifference to the rights or safety of others. Prohibits the award of punitive damages against a manufacturer or product seller of a drug or medical device which caused the claimant's harm where: (1) the drug or device was subject to premarket approval by the Food and Drug Administration (FDA) with respect to the safety of the formulation or performance of the aspect of such drug or device which caused the claimant's harm, or the adequacy of the packaging or labeling of such drug or device which caused the harm, and such drug, device, packaging, or labeling was approved by the Food and Drug Administration; or (2) the drug is generally recognized as safe and effective pursuant to conditions established by the FDA and applicable regulations, including packaging and labeling regulations. Allows punitive damages in any case in which, before or after premarket approval: (1) the defendant intentionally and wrongfully withheld from or misrepresented to the FDA any information about the drug or device which was material and relevant to the harm suffered, and whose submission was required by the Federal Food, Drug, and Cosmetic Act or the Public Health Service Act; or (2) the defendant made an illegal payment to an FDA official or employee for the purpose of securing or maintaining such approval. Prohibits punitive damages against a drug manufacturer or product seller in a health care liability action for harm alleged to relate to the adequacy of the packaging or labeling of a drug required by regulation to have tamper-resistant packaging, unless the court finds by clear and convincing evidence that such packaging or labeling is substantially out of compliance with such regulations. Permits periodic payments of any damages awarded for future economic and noneconomic loss exceeding $50,000. Permits defendants to introduce evidence of collateral source payments. Declares that no provider of collateral source payments shall recover, in a judgment or in a settlement, any amount against the claimant or receive any lien or credit against the claimant's recovery or be equitably or legally subrogated to the right of the claimant in a health care liability action. (Sec. 4) Entitles the prevailing party in an action to attorney's fees from the non-prevailing party, if: (1) the claimant seeks noneconomic damages in excess of $250,000 or three times the economic damages, whichever is less; and (2) the request for such damages in such amount is made before the determination of liability of one party or another by verdict or order of judgment. Prohibits the sum of the attorney's fees to which the prevailing party is entitled from exceeding the attorney's fees of the non-prevailing party. Authorizes a court to limit such fees if their amount is deemed unjust. Specifies limits to contingent fees. (Sec. 5) Declares that any ADR used to resolve a health care liability action or claim shall contain provisions for statute of limitations, noneconomic damages, joint and several liability, punitive damages, collateral source rule, periodic payments, and award of attorney's fees which are identical to the provisions of this Act.
Bill· SS. 1822 (105th)open
United States · United States Congress · 23 March 1998
Authorizes the Secretary of Veterans Affairs to examine, and include in the Department of Veterans Affairs Ionizing Radiation Registry Program, any veteran who received nasopharyngeal radium irradiation treatments while serving on active duty. Directs the Secretary to provide hospital care and outpatient or ambulatory care, and authorizes the Secretary to provide nursing home care, to such veterans.
Bill· SS. 1814 (105th)referred
United States · United States Congress · 23 March 1998
TABLE OF CONTENTS: Title I: Structural Changes Title II: Management Title III: Government Travel Reform Title IV: Procurement Provisions Title V: Operations - Use of Reserves Title VI: Intelligence Personnel Management Title VII: Defense Base Closure and Realignment Act of 1998 Department of Defense Reform Act of 1998 - Title I: Structural Changes - Eliminates: (1) the position of Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs; and (2) the requirement that such Assistant Secretary be Staff Director to the Joint Nuclear Weapons Council. (Sec. 102) Redesignates the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict as the Assistant Secretary of Defense for Special Operations and Humanitarian Activities. (Sec. 103) Directs the Under Secretary of Defense for Acquisition and Technology to establish policy and requirements for the educational programs of the defense acquisition university structure. (Sec. 104) Eliminates the position of Director of Acquisition Education, Training, and Career Development. (Sec. 105) Requires the Secretary of Defense (Secretary) to appoint a Chancellor for Education and Professional Development to exercise authority, direction, and control over Department of Defense (DOD) education and professional development programs, other than those related to professional military education and training. (Sec. 106) Allows (currently, requires) certain institutions to be included in the National Defense University and authorizes additional institutions to be included in the future. (Sec. 107) Amends the Department of Defense Appropriations Act, 1998 to repeal: (1) a fiscal year funding limitation on the relocation of a DOD organization or function into or within the National Capital Region; and (2) a limitation on the management of a Dod field operating agency. (Sec. 109) Repeals provisions requiring a phased reduction in the number of DOD management headquarters and headquarters support activities personnel. (Sec. 110) Amends the National Defense Authorization Act for Fiscal Year 1998 to repeal a limitation on the reorganization of airborne reconnaissance management. Title II: Management - Repeals provisions requiring an annual certification from the Secretaries of the military departments and the heads of defense agencies that civilian DOD employees have not been managed under any end strength limitations. (Sec. 202) Extends through FY 2003 certain early retirement provisions, separation benefits and incentives, and related force reduction transition authorities, including the use of educational benefits under the Montgomery GI Bill. Allows the Secretary to authorize a military department Secretary to reduce from three to two years the time-in-grade requirement for retention of grade upon voluntary retirement with respect to reserve officers. (Sec. 203) Revises the Federal employee early retirement program to require an employee, in order to be eligible for such program, to be employed continuously by the agency involved for more than 30 days, to be serving under an appointment that is not time-limited, and to not be under notice of involuntary separation for misconduct or unacceptable performance. Requires the agency involved to be undergoing a major reorganization, reduction in force, or transfer of function in order to offer such early retirement. Revises similarly early retirement provisions for the Senior Executive Service. Title III: Government Travel Reform - Revises military pay and allowances provisions to: (1) allow a member to receive a monetary allowance in lieu of the payment of household goods transportation costs; (2) require that such allowance provide an overall cost savings to the Government and be paid in advance of the transportation of such goods; and (3) make appropriations currently available for the payment of such transportation costs also available for the payment of such monetary allowances. (Sec. 302) Authorizes the Secretary to acquire official and unofficial travel services under a single procurement conducted under Federal defense procurement requirements and regulations. Allows contracts pursuant to such a procurement to provide for credits, discounts, commissions, or other fees based on the amount of travel-related sales generated by such services. Title IV: Procurement Provisions - Authorizes the Secretary to prescribe regulations that authorize verification using statistical sampling procedures, after payment, of the receipt and acceptance of goods and services. (Sec. 402) Redesignates "major defense acquisition programs" as "major systems." Revises provisions limiting the participation of contractor personnel in the DOD operational test and evaluation of a major system. Requires assurance of the impartiality of such employees and the integrity of the testing and evaluation, with certain verification steps to be taken by the Secretary when utilizing such personnel. (Sec. 403) Amends the Federal Property and Administrative Services Act of 1949 to allow Federal surplus property disposals, and contracts for such disposals, to be negotiated without the use of public advertisement and full and open competition: (1) when necessary in the public interest during a national emergency; (2) for public health, safety, or national security promotion; (3) for public exigency; (4) when public disposal would cause an adverse impact on an industry sufficient to affect the national economy; (5) when bid prices after public advertising are not reasonable; (6) when the character or condition of the property involved makes it impractical to advertise publicly; (7) when the disposal will be to U.S. states, territories, possessions, or subdivisions thereof; (8) when a non-advertised sale would be advantageous to the Government; and (9) when such a disposal is otherwise authorized by such Act or other law. (Sec. 404) Repeals procurement contract fee limitations with respect to: (1) performance of experimental, developmental, or research work; (2) architectural and engineering services; and (3) the employment of outside architects and engineers. Title V: Operations - Use of Reserves - Excludes from military personnel end strength limitations members of the reserves (enlisted and officer personnel) on active duty and National Guard personnel on full-time duty to participate in emergency preparedness programs involving the use of a weapon of mass destruction. Authorizes such personnel to perform any duties in support of such programs. Provides authority to order a member of the reserves to active duty for an additional 21 days beyond his or her prescribed duty period in order to perform such emergency preparedness assistance. Title VI: Intelligence Personnel Management - Repeals the authority of the Secretary to establish defense intelligence positions in the individual military departments (allowing such appointments only in DOD). (Sec. 602) Provides for the transfer of appropriate employees from the defense civilian intelligence personnel system to the Federal competitive service system. Title VII: Defense Base Closure and Realignment Act of 1998 - Defense Base Closure and Realignment Act of 1998 - Establishes an independent Defense Base Closure and Realignment Commission. Authorizes appropriations for the Commission. Terminates the Commission on December 31, 2005. (Sec. 703) Directs the Secretary, as part of the DOD budget justification for each of FY 2002 and 2006, to include a force structure plan for each military department based on an assessment of probable national security threats during the six-year period for which the budget request is made and of the anticipated funding levels that will be available during such period for national defense purposes. Requires the Secretary to publish in the Federal Register and transmit to the defense committees the proposed and final criteria to be used in making recommendations for the closure or realignment of military installations inside the United States. Directs the Secretary, on May 15, 2001, and May 16, 2005, to publish and transmit to such committees a list of installations recommended for closure or realignment on the basis of the such force structure and final criteria. Requires the inclusion of a summary of the selection process used in making such recommendations. Prohibits the Secretary, in making such recommendations, from taking into consideration any advance conversion planning undertaken by a community in anticipation of a closure or realignment. Directs the Secretary to make all information used in making base closure recommendations available to the Commission and the Comptroller General. Requires the following individuals, when submitting base closure or realignment information to the Secretary, to certify its accuracy and completeness: (1) the Secretaries of the military departments; (2) the heads of defense agencies; and (3) each person having duties which include personal and substantial involvement in the preparation and submission of such information. Directs the Commission, after receiving the Secretary's recommendations, to conduct public hearings and report to the President on its findings, conclusions, and recommendations for base closures and realignments. Allows the Commission to change a recommendation made by the Secretary when it finds that it deviates substantially from the force structure plan and final criteria. Prohibits the Commission, when making recommendations, from taking into account any advance conversion planning undertaken by an affected community in anticipation of a base closure or realignment. Directs the President, each year in which the Commission makes recommendations, to transmit to the Commission and the Congress a report containing the President's approval or disapproval of such recommendations, together with reasons therefor. (Sec. 704) Directs the Secretary to: (1) close or realign all military installations as recommended by the Commission; and (2) initiate all such closures and realignments within two years, and complete all such closures and realignments within six years, after the President transmits such report. Prohibits any such closure or realignment if disapproved by a congressional joint resolution. (Sec. 705) Outlines closure or realignment implementation requirements, including economic adjustment and community planning assistance for affected communities, environmental restoration, and outplacement assistance for displaced employees. Directs the Administrator of General Services to delegate to the Secretary appropriate authorities for disposing property at targeted installations. Directs the Secretary, before disposing or transferring such property, to consult with State governors and heads of local governments to consider any plan for the use of such property by the local community concerned. Allows for a transfer of property without consideration in the case of an installation located in a rural area whose closure or realignment will have a substantial adverse impact on local communities and on their prospects for economic recovery. Authorizes a transfer of property to the local redevelopment authority (RA) involved, under certain conditions. Requires a determination as to whether another Federal department or agency can use a portion of a closed or realigned installation or will accept transferred property to be made within six months after the date of closure or realignment approval. Requires an RA to which property is transferred to undertake outreach efforts to provide information on the buildings and property involved to representatives of the homeless. Requires such representative to submit to the RA specified information in a notice of interest in such buildings and property, including the homeless assistance program proposed to be carried out at the installation. Directs the RA for each covered installation to prepare and submit to the Secretaries of Defense and Housing and Urban Development (HUD) a redevelopment plan for the use of such installation to assist the homeless. Provides for reversion to the RA if the property is not used for such purposes. Directs the HUD Secretary to complete a review of such plan, taking into consideration and being receptive to the predominant views on such plan by the local communities, and to approve or disapprove of the plan (allowing an RA to revise disapproved plans). Directs the Secretary, upon a determination by the HUD Secretary that a plan meets appropriate requirements, to dispose of the buildings and property at such installation (requiring compliance with environmental requirements). Authorizes the Secretary, if it is considered to be in the best interests of the affected communities, to: (1) postpone or extend any deadline required under this section; or (2) enter into agreements with local governments for fire and police services, airfield operations, and other community services for closed or realigned installations, under certain conditions. Authorizes the Secretary to enter into an agreement to transfer property designated for an RA to any person who agrees to perform all required environmental restoration, waste management, and environmental compliance activities. Requires property recipients to pay at least 50 percent of all compliance costs. Authorizes the Secretary to transfer such property to a person who agrees, in exchange, to transfer to the Secretary housing units located at or near a military installation at which there is a shortage of suitable military housing, under certain conditions. Requires a report from the Secretary to the defense committees on any proposed exchange agreement. Authorizes the Secretary, in closing or realigning an installation, to purchase housing ownership interests of military personnel at manufactured housing parks established at an installation to be closed or realigned under this Act when: (1) it is in the best interest of the Federal Government to eliminate or relocate such park; and (2) such elimination or relocation would result in an unreasonable financial hardship to current owners. (Sec. 706) Establishes in the Treasury the Department of Defense Base Closure Account 1998, requiring Account funds to be used for environmental restoration and property management and disposal at installations closed or realigned under the Defense Base Closure and Realignment Act of 1990. Requires annual reports from the Secretary to the defense committees on deposits into, and expenditures from, the Account, and requires a report to such committees 60 days after termination of the Secretary's authority to close or realign an installation. (Sec. 707) Requires annual reports from the Secretary to the defense committees, beginning with the budget request for FY 2005, which shall include: (1) a schedule of the closure and realignment actions to be carried out, estimated total expenditures and cost savings, and any adverse environmental effects; and (2) a description of installations to which functions are to be transferred as a result of such closures and realignments. (Sec. 708) Outlines procedures for congressional consideration of a joint resolution disapproving a Commission recommendation of a base closure or realignment. (Sec. 709) Mandates that, during the period beginning on the date of enactment of this Act and ending on December 31, 2005, this title shall be the exclusive authority for selecting or carrying out the closure or realignment of a military installation inside the United States. Prohibits, with exceptions, any other DOD funds from being used for such closures or realignments.
Bill· SS. 1812 (105th)referred
United States · United States Congress · 23 March 1998
TABLE OF CONTENTS: Title I: Procurement Subtitle A: Authorization of Appropriations Subtitle B: Multi-Year Contract Authorizations Title II: Research, Development, Test, and Evaluation Subtitle A: Authorization of Appropriations Subtitle B: Other Matters Title III: Operation and Maintenance Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: Reserve Mobilization Income Insurance Fund Title V: Military Personnel Policy Subtitle A: Active Forces Subtitle B: Reserve Forces Title VI: Compensation and Other Personnel Benefits Subtitle A: Military Pay Subtitle B: Bonuses and Special and Incentive Pays Subtitle C: Other Matters Title VII: Acquisition Policy and Management Title VIII: Department of Defense Management Subtitle A: General Management Subtitle B: Department of Defense Personnel Management Title IX: General Provisions Subtitle A: Financial Matters Subtitle B: Miscellaneous Report Requirements and Repeals Subtitle C: Matters Relating to Terrorism Subtitle D: Matters Relating to Counter Drug Operations Subtitle E: Other Matters National Defense Authorization Act for Fiscal Year 1999 - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1999 to the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement. (Sec. 104) Authorizes appropriations for FY 1999 for: (1) defense-wide procurement; (2) the Defense Inspector General; (3) the Defense Health Program; and (4) the chemical demilitarization program. Subtitle B: Multi-Year Contract Authorizations - Authorizes the use of multiyear contracts by the Army and Navy for the procurement of certain vehicles, weapons, and aircraft. Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1999 for the armed forces for research, development, test, and evaluation, including activities of the Directors of Test and Evaluation and Operational Test and Evaluation. Subtitle B: Other Matters - Adds additional requirements for inclusion in the low-rate initial production of weapon systems. (Sec. 212) Extends through FY 2003 the authority of the Secretary of Defense (Secretary) to contract with commercial entities to conduct commercial test and evaluation activities at a major range and test facility installation. Title III: Operation and Maintenance - Authorizes appropriations for FY 1999 for operation and maintenance (O&M) for the armed forces and specified activities and agencies of the Department of Defense (DOD). (Sec. 302) Authorizes appropriations for FY 1999 for: (1) working capital and revolving funds; (2) the Armed Forces Retirement Home; and (3) the operation of Fisher houses, to be derived from the Fisher House Trust Fund. (Sec. 305) Authorizes the transfer of up to $150 million from the National Defense Stockpile Transaction Fund to specified O&M accounts. (Sec. 306) Authorizes the Secretary, using available amounts from the Department of Defense Base Closure Account 1990, to pay stipulated damages under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 assessed against McClellan Air Force Base, California. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Sets forth the authorized end strengths for active-duty forces as of the end of FY 1999. (Sec. 402) Repeals a requirement that such end strengths be sufficient to support two simultaneous major regional contingencies. (Sec. 403) Revises the due date of an annual manpower requirements report. (Sec. 404) Exempts from general and flag officer grade limits the position of Director, National Imagery and Mapping Agency. Makes permanent (currently ends October 1, 1998) the authority of the Chairman of the Joint Chiefs of Staff to designate up to 12 general and flag officers serving in joint duty positions for exclusion from such limits. Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 1999 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves. (Sec. 413) Sets forth the authorized end strengths as of the end of FY 1999 for Army and Air Force military technicians (dual status). (Sec. 414) Increases the number of officers and enlisted personnel authorized to serve on active duty in support of the reserves. (Sec. 415) Excludes from active-duty end strength limitations certain reserve personnel on active duty for 181 days or more in support of peacetime requirements of the military services and combatant commands. Subtitle C: Reserve Mobilization Income Insurance Fund - Authorizes appropriations for the Reserve Mobilization Income Insurance fund. Title V: Military Personnel Policy - Subtitle A: Active Forces - Authorizes the Secretary to determine the composition of selective early retirement boards convened for determining retirement status with respect to Naval Reserve rear admirals or Marine Corps Reserve major generals. (Sec. 503) Provides active status service requirements, for promotion consideration purposes, for Army and Air Force Reserve brigadier generals. (Sec. 504) Authorizes the posthumous appointment of officer commissions and warrants, making the date of appointment the date of death. (Sec. 505) Excludes regular chief warrant officers in the W-4 grade from provisions requiring involuntary retirement due to non-selection for promotion. (Sec. 506) Adds required procedures for the selection of judge advocate generals and assistant or deputy judge advocate generals of the military departments. (Sec. 507) Establishes a three-year term of office for the Chief of the Air Force Nurse Corps. (Sec. 508) Provides time-in-grade requirements for reserve general and flag officers who are involuntarily transferred from an active status. (Sec. 509) Eliminates the requirement for a board of review after a board of inquiry determination relating to an officer's substandard performance of duty or certain other findings. (Sec. 510) Authorizes retired and former officers to be considered for promotion by special promotion selection boards. Subtitle B: Reserve Forces - Authorizes the Secretary of the military department concerned to order members under his jurisdiction to perform functions in support of the defense agencies and either the active or reserve components. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Military Pay - Waives any FY 1999 military pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases the rate of basic pay of members of the uniformed services by 3.1 percent, effective January 1, 1999. Subtitle B: Bonuses and Special and Incentive Pays - Extends through FY 2001 certain bonuses and special pay for specially skilled military personnel, including nuclear-qualified personnel. (Sec. 612) Extends through FY 2000 certain bonuses and special pay authorities for reserve personnel. (Sec. 613) Extends through FY 2001 the special pay authority for nurse anesthetists. (Sec. 614) Provides reenlistment bonus eligibility for reserve personnel who perform active National Guard and Selected Reserve duty. (Sec. 615) Increases from $4,000 to $6,000 the maximum bonus for Army enlistment. Subtitle C: Other Matters - Authorizes the Secretary, or the Secretary of Transportation with respect to the Coast Guard when it is not operating under the Navy, to provide a transportation allowance for rest and recuperation travel during a period in which personnel perform at a duty station within a contingency operation, or in other appropriate circumstances as determined by such Secretary. Provides allowance limits. (Sec. 622) Deletes the Panama Canal Zone from inclusion within the definition of a U.S. possession. (Sec. 623) Allows for the storage of unaccompanied baggage of military dependent students. (Sec. 625) Provides for the restoration of annual leave lost due to the closure of an installation in the Republic of Panama in accordance with the Panama Canal Treaty of 1977. Extends through December 31, 2003, the period during which annual leave lost due to the closure of a military installation under a base closure law will be restored. (Sec. 627) Authorizes the Superintendent of a U.S. military academy to order a cadet or midshipman to be placed on involuntary leave without pay: (1) after a suspension pending separation; (2) to repeat an academic semester or year; or (3) for other good cause. (Sec. 628) Repeals the requirement that no more than ten percent of reenlistment bonuses paid during a fiscal year exceed $20,000. (Sec. 629) Amends the Defense Dependents' Education Act of 1978 to authorize the Secretary, and the Secretary of Transportation with respect to the Coast Guard in appropriate circumstances, to provide an educational allowance to the sponsors of military dependent students in overseas areas in which DOD has not established defense dependents' schools. (Sec. 630) Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) concerning the defense dental plan for military dependents to: (1) revise the premium amount; and (2) authorize the integration of a basic dental benefit plan into the TRICARE Program (a DOD managed care program). (Sec. 631) Provides for the recovery, care, and disposition of remains of military personnel who die while hospitalized after having been retired by reason of medical disability for an injury, illness, or disease incurred while on active duty, as long as the hospitalization has been continuous since such retirement. (Sec. 632) Revises the voluntary separation incentive program to ensure continued eligibility for members who involuntarily lose membership in a reserve component due to age, years of service, failure of promotion, or medical disqualification. (Sec. 633) Revises the defense domestic dependent elementary and secondary school program to: (1) allow dependents of Federal employees not residing on a military installation to be enrolled in a school program for more than five consecutive school years, at the discretion of the Secretary, where the dependent is qualified, space is available, and the Secretary will be reimbursed for educational services provided. Authorizes the enrollment in such school of the dependent of military personnel assigned to a remote or unaccompanied assignment when such dependent is residing in a U.S. territory, commonwealth, or possession. (Sec. 634) Extends until October 1, 2003: (1) the period during which the Secretary concerned may reduce the required term of active service before qualification for retirement for regular or reserve commissioned officers; (2) the period of exemption from required retirement for certain limited duty Navy commanders and captains; and (3) the exemption from mandatory retirement for failure of promotion for certain Navy and Marine Corps officers designated for limited duty. Title VII: Acquisition Policy and Management - Limits the authority of the head of a defense procuring activity to delegate the approval of the use of noncompetitive procedures in the procurement process. Amends the Federal Property and Administrative Services Act of 1949 to set similar limits with respect to the head of a Federal procuring activity. (Sec. 702) Repeals a provision stating that a defense contractor or subcontractor who is granted a waiver from procurement cost or pricing data requirements shall be considered to have met such requirements for purposes of tiered contracts (contracts having one or more contractors and subcontractors). Makes a similar repeal under the Federal Property and Administrative Services Act of 1949 with respect to nondefense contractors or subcontractors. (Sec. 704) Repeals a provision requiring equal allocation of procurement technical assistance program funding among Defense Contract Administrative Services regions. (Sec. 705) Amends the Defense Acquisition Improvement Act of 1986 to repeal the requirement of certain Defense Inspector General oversight of undefinitized contractual actions. (Sec. 706) Amends the Contracts Disputes Act of 1978 to specify the date for the Government payment of interest on contractor cost claims. (Sec. 707) Requires personnel to be assigned to the following positions for no fewer than three years: (1) program manager or deputy manager for a significant nonmajor defense acquisition program; (2) program executive officer; (3) general or flag officer or equivalent position; or (4) senior contracting official. (Currently, such requirement extends only to critical acquisition positions.) (Sec. 708) Makes eligible for the defense acquisition corps certain personnel who served as a GS-13 or above but were downgraded below such level due to a reduction in force, a base closure, or reason other than for cause. (Sec. 709) Amends the Federal Acquisition Streamlining Act with respect to a test program within the Office of Federal Procurement Policy of alternative and innovative procurement procedures to: (1) remove the requirement that no more than one such test be conducted in any single procuring agency; (2) allow two (currently, one) contracts awarded for such tests to exceed $5 million; (3) reduce from 270 to 120 days before the conduct of a test the date by which a detailed test plan is required to be submitted to specified congressional committees; and (4) extend until January 1, 2003, the termination of the test program. (Sec. 710) Amends the National Defense Authorization Act for Fiscal Year 1991 to: (1) remove the word "Pilot" from the Mentor-Protege Pilot Program; (2) authorize DOD to conduct an initiative that would allow DOD to participate in the mentoring of women-owned small business proteges; and (3) expand the definition of a disadvantaged small business concern for purposes of such Program. (Sec. 711) Authorizes holding General Accounting Office protest proceedings in abeyance when the agency involved has agreed to suspend contract award or performance pending completion of any agency protest procedure and any subsequent protest timely filed before the Comptroller General. (Sec. 712) Amends the Department of Defense Appropriations Act, 1993 to revise restrictions on DOD procurement from foreign sources of cotton, silk, wool and other natural fibers and specified derivative products. Title VIII: Department of Defense Management - Subtitle A: General Management - Increases from $5 million to $10 million the authorized annual DOD expenditures for the humanitarian clearance of landmines. Prohibits more than ten percent of such funds from being used to pay reserve personnel performing duty in connection with landmine clearing training and related activities. (Sec. 802) Authorizes the Secretary to impose a surcharge for dishonored checks issued to the Defense Commissary Agency and to deposit collected amounts in the commissary trust revolving fund for payment of costs incurred in collecting on such checks. Provides authorized means of collection, including military pay or entitlements deductions, Federal withholdings, or the use of private collection agencies. (Sec. 803) Amends the Armed Forces Retirement Home Act of 1991 to revise generally the retirement home inspection requirements of the DOD Inspector General. (Sec. 804) Amends the National Security Act of 1947 to exempt operational files of the National Imagery and Mapping Agency (NIMA) from certain public search, review, publication, and disclosure requirements of the Freedom of Information Act. Provides for: (1) exceptions; and (2) judicial review of contested cases of withheld records. Requires the Directors of NIMA and Central Intelligence, at least every ten years, to review exempted records to determine whether they may be removed from exemption. Provides for judicial enforcement of such review requirement. (Sec. 805) Authorizes the Secretary to withhold from public disclosure any geodetic product that the Secretary has determined would, if disclosed, interfere or unfairly compete with an emerging or existing commercial industry or market operation. (Sec. 806) Repeals a provision of the National Defense Authorization Act for Fiscal Year 1998 which requires certain prior approval procedures with respect to the export of high performance computers. (Sec. 807) Amends the National Defense Authorization Act for Fiscal Year 1991 to repeal a provision concerning the authority to waive certain requirements prior to the transfer of the tactical airlift mission to the reserve components. (Sec. 808) Requires funds received from the Federal Republic of Germany representing its share of the costs of the George C. Marshall European Center for Security Studies to be used for Center costs. Authorizes the Secretary to waive reimbursement of certain Center costs for military officers and civilian officials of cooperation partner states of the North Atlantic Cooperation Council or the Partnership for Peace when determined to be in the national security interest. Provides a similar waiver with respect to the Asia Pacific Center for Security Studies for military officers and civilian officials of the Asia Pacific Region. Subtitle B: Department of Defense Personnel Management - Authorizes the Secretary to commence a demonstration project of proposals for improving the personnel management policies or procedures for the Defense Commissary Agency. Provides project terms and conditions, limiting the project's scope to the Agency's workforce. Provides project conditions with respect to employees covered by a collective bargaining agreement. (Sec. 812) Eliminates an employment preference program for the hiring of military spouses as DOD child care employees. (Sec. 813) Preserves certain civil rights protection for former Defense Mapping Agency employees who continue such employment with NIMA. (Sec. 815) Authorizes (currently requires) the Secretary to establish a program for U.S. scientists, engineers, and managers to learn Japanese language and culture. (Sec. 816) Authorizes the Secretary, for five years, to appoint scientific and engineering personnel to conduct experimental research and development through the Defense Advanced Research Projects Agency. Directs the Secretary to report annually to the defense committees on the use of such authority. Title IX: General Provisions - Subtitle A: Financial Matters - Repeals the requirement for a: (1) separate budget request for the procurement of reserve equipment; and (2) two-year DOD budget cycle. (Sec. 903) Amends the Department of Defense Authorization Act, 1986 to require the Director of the Federal Emergency Management Agency (FEMA) to administer a program to provide off-post emergency preparedness to protect the public in the vicinity of installations where lethal chemical agents and munitions are stored. Authorizes the Director to establish an incentive program to encourage States and local governments to achieve early, efficient, and cost-effective preparedness. Requires the Director to report annually to the Congress on program activities. Requires program funds to be set out in a separate defense-related FEMA account. (Sec. 904) Authorizes the Secretary to transfer funds from specified defense accounts for combating terrorism or for force protection. (Sec. 905) Authorizes the Secretary to transfer funds between DOD investment appropriations within acquisition category I and II programs or clearly defined groups of associated acquisition programs, with transfer limits of $500 million per year and $20 million per program. (Sec. 906) Requires annual amounts requested for activities of the Ballistic Missile Defense Organization to be set forth in accordance with specified program elements. Requires amounts requested for Theater and National Missile Defense major defense acquisition programs to be specified in individual dedicated program elements, and to be available only for Ballistic Missile Defense activities. Requires management and support requests to be included within the program elements. (Sec. 907) Authorizes the Secretary, after 30 days' prior notification to the appropriate congressional committees, to transfer funds from DOD O&M accounts to military personnel accounts, to be used for military family housing privatization projects. (Sec. 909) Authorizes the Secretary to pay licensing or other fees to foreign countries or international organizations in connection with the sale there of maps, charts, and navigational books. (Sec. 910) Authorizes the Secretary concerned to charge and retain fees for providing historical information to public requesters from the United States Army or Air Force Military History Institute or the Naval or Marine Corps Historical Center. Subtitle B: Miscellaneous Report Requirements and Repeals - Repeals a report: (1) concerning a NATO conventional defense assessment of allied performance, NATO conventional defense capabilities, and allied burdensharing; (2) relating to the joint training of special operations forces with friendly foreign forces; (3) on the Defense Business Operations Fund; (4) on the Defense Contract Audit Agency's authority to subpoena records of defense contractors; (5) on the use of funds from the lease of non-excess DOD property; (6) concerning the alternative utilization of military facilities; and (7) concerning a proposed contract for the sale of Gregg Circle Area, Fort Jackson, South Carolina. (Sec. 918) Requires the report on demonstration projects relating to the military health care delivery system to be submitted annually (currently, semiannually). (Sec. 922) Provides an exception from the requirement for a report from the Secretary concerned to the defense committees before entering into certain real property transactions with respect to any such transaction made in connection with a declaration of war, national emergency, or major disaster, a riot, or a contingency operation. Requires such a report within 30 days after entering into such a transaction. (Sec. 923) Repeals certain notification requirements with respect to DOD Inspector General investigations. (Sec. 924) Amends the Department of Defense Appropriations Act, 1989 to repeal the reporting of certain elements of DOD overseas basing costs. (Sec. 925) Directs the Secretary concerned to notify the appropriate congressional committees in the case of architectural and engineering services and construction design for which the estimated costs exceed $500,000 (currently $300,000). Subtitle C: Matters Relating to Terrorism - Authorizes the Chairman of the Joint Chiefs of Staff (currently, only the Secretaries of Defense and the military departments) to purchase right-hand drive motor vehicles for use in a foreign country. Authorizes each such official to purchase nontactical armored passenger vehicles under emergency situations for combating terrorism and for military force protection support. (Sec. 932) Authorizes the Secretary to make DOD personnel available to operate equipment with respect to a foreign or domestic counterterrorism operation or a rendition of a suspected terrorist from a foreign country to the United States for trial. Subtitle D: Matters Relating to Counter Drug Operations - Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 2004 DOD's authority to provide support to other Federal agencies and law enforcement officials for counter-drug activities. Authorizes the Secretary to conduct domestic outreach programs to reduce the demand for illegal drugs among youths. (Sec. 942) Amends the National Defense Authorization Act for Fiscal Year 1997 to: (1) authorize DOD to provide counter-drug support for specified Caribbean countries; (2) extend through FY 2004 the authority to provide such support; and (3) increase the amount authorized for such purpose. Subtitle E: Other Matters - Redefines "financial institution" for purposes of Federal Government reimbursement of charges incurred by military personnel or Federal employees because of Government error in the direct deposit of pay. (Sec. 952) Amends the Supplemental Appropriations Act, 1987 to authorize drug test results of civil service mariners of the Military Sealift Command to be released to the Coast Guard to the same extent that similar submissions are required from commercial vessel operators. (Sec. 953) Provides for the disposition of amounts collected through military claims services from third parties for loss or damage to personal property shipped or stored at Government expense. (Sec. 954) Allows polychlorinated biphenyls located outside of U.S. customs territory but in U.S. possession and control to be imported for disposal within U.S. customs territory. (Sec. 955) Authorizes the Secretary of the Army to lease up to 500 units in Italy and 800 units in Korea, subject to the maximum lease amount, for military family housing purposes. (Sec. 956) Authorizes the Secretary to conduct a pilot program under which the Secretary's agent would be exempt from providing a copy of notice or service as currently required when providing notice and taking action to enforce obligations for child support and alimony payments among military personnel under provisions of the Social Security Act. Requires a report describing the program from the Secretary to the Speaker of the House and the President of the Senate. Terminates the program at the end of FY 2000. (Sec. 957) Authorizes the Secretary of the Navy to enter into the long-term charter of three specified vessels in support of Navy submarine rescue, escort, and towing.
Bill· SS. 1809 (105th)referred
United States · United States Congress · 23 March 1998
Child Support Performance Improvement Act of 1998 - Directs the Secretary of Health and Human Services to make incentive payments to States, according to specified formulae, with respect to their performance in paternity establishment and child support order enforcement, including cost-effectiveness. (Sec. 2) Instructs the Secretary to study and report to the Congress on: (1) the implementation of such incentive payment system (especially on variations in State performance attributable to demographic or economic variables); and (2) the development of a performance measure based on State effectiveness in establishing and enforcing child medical support obligations (including recommendations for incorporating such measure into the incentive payment system in a revenue neutral manner). Requires the Secretary to implement recommendations in such reports, unless they are disapproved by a joint resolution of Congress enacted according to specified procedures. Repeals the predecessor incentive payment system. (Sec. 3) Requires the director of the Department of Health and Human Resources unit dealing with child support and establishment of paternity to: (1) ensure that data required for the operation of State programs is complete and reliable by providing Federal guidance, technical assistance, and monitoring; (2) develop jointly with the Secretary of Labor a National Standardized Medical Support Notice (Notice) for State enforcement of medical support orders, as well as appropriate procedures for State agency transmittal of the Notice to employers; (3) establish with the Secretary of Labor a medical support working group to identify impediments to effective enforcement of medical support by State agencies and recommend appropriate measures to address such impediments; and (4) promulgate implementing regulations. (Sec. 4) Requires States to have statutorily prescribed procedures under which all child support orders include child health care coverage that is enforced through use of the Notice. Prescribes enforcement guidelines for enrollment of the child in the health care coverage of the noncustodial parent's employer, as well as mandatory paycheck contributions by such parent to pay for such coverage. Amends the Employee Retirement Income Security Act of 1974 (ERISA) to declare such Notice a qualified medical child support order with which a plan administrator must comply. Directs the Secretary of Labor to report to certain congressional committees any recommendations for legislation to improve the effectiveness and enforcement of qualified medical child support orders under ERISA.
Bill· SS. 1811 (105th)referred
United States · United States Congress · 23 March 1998
Safer Seniors Medical Care Act of 1998 - Prohibits the Secretary of Health and Human Services from promulgating any regulation, rule, or other order if its effect is to eliminate or modify any requirement under the Medicare program under title XVIII of the Social Security Act for physician supervision of anesthesia services, as such requirement was in effect on December 31, 1997.