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Bill· SS. 1530 (105th)open
United States · United States Congress · 13 November 1997
TABLE OF CONTENTS: Title I: National Tobacco Settlement Trust Fund Title II: National Protocol and Liability Provisions Subtitle A: National Tobacco Control Protocol Subtitle B: Consent Decrees Subtitle C: Liability Provisions Title III: Reduction in Underage Tobacco Use Subtitle A: State Laws Regarding the Sale of Tobacco Products to Minors Subtitle B: Required Reduction in Underage Usage Title IV: Health and Safety Regulation of Tobacco Products Title V: Payments to States and Public Health Programs Subtitle A: Payments to States Subtitle B: Public Health Programs Title VI: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title VII: Public Disclosure of Health Research Title VIII: Agricultural Transition Provisions Subtitle A: Tobacco Production Transition Subtitle B: Tobacco Price Support and Production Adjustment Programs Subtitle C: Funding Title IX: Miscellaneous Provisions Placing Restraints on Tobacco's Endangerment of Children and Teens Act - PROTECT Act - Sets national goals for reductions in tobacco product use by individuals under 18 years old. Title I: National Tobacco Settlement Trust Fund - Establishes the National Tobacco Settlement Trust Fund (Settlement Fund), to be composed of compensatory and punitive damage payments by participating manufacturers (manufacturers that enter into the Protocol under subtitle A of title II of this Act and that enter into a consent decree with each State that requests that the manufacturer enter into the Protocol). Transfers to the Settlement Fund, without further appropriation, amounts received under specified provisions of this Act. Mandates Settlement Fund expenditures, setting forth a table by years and categories of recipients. (Sec. 102) Requires participating manufacturers, in order to receive protections under title II of this Act, to pay licensing fees to the Settlement Fund in specified amounts over 25 years, with amounts adjusted for inflation and relative domestic sales volume. (Sec. 103) Establishes the Advisory Board to advise the Settlement Fund's Trustees in Settlement Fund administration. (Sec. 104) Imposes an initial monetary penalty for a manufacturer's failure to make timely fee payments. Title II: National Protocol and Liability Provisions - Subtitle A: National Tobacco Control Protocol - Chapter 1: Establishment - Requires each tobacco manufacturer, in order to receive liability protections provided in this title, to enter into a National Tobacco Control Protocol with the U.S. Attorney General, the chief executive officer of each State, and a representative of the members of the class certified for a specified class action. Requires participating manufacturers, in their contracts with distributors and retailers, to include a clause requiring compliance with the Protocol. Chapter 2: Terms and Conditions - Subchapter A: Protocol Restrictions on Advertising - Requires that this chapter be considered part of the Protocol. (Sec. 212) Prohibits tobacco product advertising: (1) outdoors; (2) in any arena or stadium where athletic, social, or cultural activities occur; (3) using a human image or cartoon character; and (4) subject to exception, using the Internet or at the point of sale. (Sec. 213) Prohibits using a trade or brand name of a nontobacco product for a cigarette or smokeless product unless the name was on both products before 1995. Specifies the media and locations in which advertising is allowed and requires prior notification to the Commissioner of Food and Drugs describing the medium and the extent to which the advertising or labeling may be seen by individuals under 18 years old. Prohibits paid product placement in television programs, motion pictures, or video games. Prohibits direct or indirect payments to promote tobacco product image or use through print or film media that appeal to individuals under 18 years old or through a live performance that appeals to those individuals. (Sec. 214) Sets forth format and content requirements for labeling and advertising. (Sec. 215) Prohibits: (1) selling any item (other than tobacco products) or service bearing a brand name or any other indicia of product identification similar to those used for tobacco products; (2) any gift to tobacco purchasers; and (3) sponsorship (except under the corporate name) of any athletic, social, or cultural event, entry, or team in which any indicia of product identification similar to those used for tobacco products is used. Subchapter B: Provisions Relating to Lobbying - Regulates actions of lobbyists for tobacco product manufacturers. (Sec. 222) Requires tobacco manufacturers to terminate the Tobacco Institute and the Council for Tobacco Research, U.S.A. Regulates the trade or industry organizations tobacco product manufacturers may form or participate in. Subchapter C: Other Provisions - Requires that participating manufacturers determine the percentage of licensing fees to be paid by each manufacturer and the manner of payment. (Sec. 227) Establishes an Arbitration panel to award attorney's fees and expenses relating to litigation resulting in whole or part in this Act. (Sec. 228) Provides for the treatment of Indian country. Chapter 3: Enforcement - Empowers the Attorney General (and the chief law enforcement officer of a State) to bring a civil action for Protocol enforcement. Allows restraining orders, specific performance, and civil monetary penalties. Requires use of Settlement Fund amounts for Federal enforcement activities. (Sec. 233) Empowers a participating manufacturer to: (1) seek a declaration of its Protocol rights and obligations; and (2) bring a civil action against another participating manufacturer to enforce the Protocol, subject to exception. Allows any participating manufacturer to intervene in any Federal or State enforcement proceeding. Subtitle B: Consent Decrees - Requires a State (to be eligible for payments under title V), a tobacco manufacturer (to be eligible for protections under subtitle C), and a representative of the class in a specified class action (to receive benefits under this Act) to enter into consent decrees under this paragraph. Sets forth matters with which the decrees must deal (including a waiver of Federal and State constitutional claims) and may not deal. Requires Attorney General approval in order for a decree to be valid. (Sec. 242) Empowers a State to bring proceedings for the enforcement of a decree, but only for injunctive (not criminal or monetary) relief. (Sec. 243) Imposes an annual fee on manufacturers that do not enter into a decree equal to the fees paid under section 102. Requires each nonparticipating manufacturer to annually deposit into an escrowed reserve fund 150 percent of the amount the manufacturer would have paid (if it was a Protocol participant) under section 102, to be used solely for tobacco-related liability payments. Subtitle C: Liability Provisions - Chapter 1: General Provisions - Sets forth definitions for this subtitle. Chapter 2: Immunity and Liability for Past Conduct - Declares that this chapter applies to the enforcement of all judgments and settlements regarding tobacco claims against participating manufacturers. Prohibits court enforcement of any judgment or settlement that is not final as of the effective date of this Act except in accordance with this chapter. (Sec. 256) Terminates pending health-related civil actions by State or local governments against a participating manufacturer. Grants participating manufacturers immunity from new civil actions by any Federal, State, or local governments for all health-related claims regarding tobacco use. Terminates pending, and grants immunity from new, class actions against participating manufacturers based on tobacco use, addiction, or dependence. Preserves all individual personal injury claims for tobacco use. (Sec. 257) Applies this section to all actions permitted under section 256 regarding a participating manufacturer for conduct before enactment of this Act. Prohibits punitive damages and devices to resolve cases other than as individual actions (without the consent of the defendant). Requires, as part of the Protocol, that all signatories agree to the joint sharing of any tobacco use civil liability. Makes participants not jointly and severally liable for damages involving nonparticipants and requires severing of actions involving both participating and nonparticipating manufacturers. Lists the permissible parties for actions under this section. Makes the development of any tobacco product that reduces injury or illness risk not admissible or discoverable. Sets an annual aggregate limit on judgment or settlement payments. Requires that participating manufacturers receive a credit, to be applied against the amount under section 102, for 80 percent of judgment or settlement amounts paid. Makes participating manufacturers responsible for all attorneys' fees and costs associated with being a defendant in an action to which this section applies. (Sec. 258) Applies certain provisions to all actions permitted under section 256 regarding a participating manufacturer for conduct after enactment of this Act. Prohibits third-party payor claims not based on subrogation from being commenced under this section. (Sec. 259) Declares that this title shall not apply to any manufacturer that is not a Protocol signatory and is at least 12 months delinquent in payments under section 102. (Sec. 261) Requires that a State, in order to receive funds under title V, have: (1) a law making sections 256 through 259 the law of the State and allowing any defendant in any related civil action a right of prompt interlocutory appeal to the State's highest court to enforce the law; and (2) withdrawn and dismissed with prejudice any claim required to be dismissed by the State under this chapter. Prohibits, in any State without such a law, maintaining (in State court) a tobacco claim that is otherwise maintainable under this chapter. (Sec. 262) Amends Federal judicial procedure provisions to prohibit removal of a civil action in State court under certain provisions of title I to Federal court except: (1) on agreement of all parties; or (2) by a manufacturer defendant when the action is being conducted in a manner inconsistent with provisions of title II. Title III: Reduction in Underage Tobacco Use - Subtitle A: State Laws Regarding the Sale of Tobacco Products to Minors - Tobacco Use by Minors Prevention Act - Requires a State, to be eligible for payments under title V, to have and enforce a law with the provisions of section 302. Allows State requests for waivers or modifications of model provisions. (Sec. 302) Sets forth the model State law, including: (1) prohibiting tobacco product distribution to minors; (2) prohibiting minors purchasing, possessing, or using tobacco products in public places (mandating parental notification of violation allegations); (3) regulating retail signage; (4) prohibiting sample distribution to individuals appearing to be under 18 years old without securing age proof; (5) prohibiting out-of-package distribution; (6) prohibiting display or storage affording customers direct access to packages; (7) mandating notification of retail tobacco employees of relevant requirements (imposing employer liability if the employer pays an employee's penalty); (8) mandating random unannounced inspections and allowing use of individuals under 18 to test compliance; (9) mandating separate licensure of each retail distribution place and a minimum annual license fee; (10) regulating the suspension, revocation, denial, and nonrenewal of licenses; and (11) not preempting other State or local provisions providing greater restrictions so long as they do not conflict with regulations under specified provisions of the Federal Food, Drug, and Cosmetic Act (FDCA). Subtitle B: Required Reduction in Underage Usage - Provides for the determination of the underage use base percentages for cigarettes and smokeless tobacco. (Sec. 313) Directs the Secretary to: (1) annually determine the average annual incidence of daily tobacco product use by individuals under 18; and (2) determine whether specified percentage reductions have been achieved. (Sec. 315) Mandates a surcharge on manufacturers if the reduction has not been achieved. Sets dollar limits on total surcharges during a calendar year. Makes the surcharge a joint and several obligation of all manufacturers as allocated by their market share. Allows abatement petitions. Mandates manufacturer license fee reductions if use reduction targets are exceeded. Title IV: Health and Safety Regulation of Tobacco Products - Amends the FDCA to add to the list of prohibited acts: (1) introducing into interstate commerce a tobacco product not in compliance with FDCA chapter IX (created below by this Act); or (2) the failure by a tobacco manufacturer to comply with any chapter IX requirement. Includes nicotine-containing tobacco products that do not comply with chapter IX in the definition of "drug." Adds references to tobacco products to provisions authorizing facility and vehicle inspections. Mandates establishment, by regulation, of tobacco product health risk standards. Requires that the standards: (1) include provisions designed to reduce overall health risks for both users and nonusers; (2) comply with regulations specifying health risk assessment testing procedures; and (3) limit the amount of tar in a cigarette. Requires manufacturers (beginning five years after enactment of this Act) to annually submit a health risk assessment for each substance (other than tobacco or water) for each tobacco brand. Mandates regulations to prohibit any substance for which no health risk assessment has been submitted as required. Requires each manufacturer to annually provide the Secretary with a list of ingredients and nicotine. Provides for confidentiality, allowing the Secretary to require disclosure of any ingredient if disclosure is in the interest of public health. Allows adoption of a health risk management standard requiring: (1) the modification of a tobacco product to reduce or eliminate nicotine or other harmful substances; or (2) prohibition of a tobacco product. Requires congressional review and allows its disapproval of any tobacco product health risk standard. Makes a standard prohibiting a class of products effective only on adoption of a joint resolution of approval. Declares that a tobacco product cannot be considered in violation of prohibited act provisions while it is in compliance with a health risk standard. Mandates regulations requiring conformance with tobacco product current good manufacturing practice, including requiring: (1) all tobacco product manufacturers to register with the Secretary; and (2) the development of and adherence to pesticide chemical residues tolerances (to apply only if necessary to prevent the residues from being injurious to health when used in tobacco products). Allows exemptions and variances, establishing the Tobacco Product Requirements Waiver Board to advise the Secretary. Prohibits regulations under this provision from having the effect of placing regulatory burdens on tobacco producers in excess of the burdens generally placed on other agricultural commodity producers. Mandates certain warnings on cigarette and smokeless tobacco labels and advertising. Prohibits cigarette, little cigar, and smokeless tobacco advertising on any electronic medium subject to Federal Communications Commission regulation. Mandates certain intended use statements on cigarette and smokeless tobacco advertising. Requires regulations requiring public disclosure of the common or usual name of each tobacco product ingredient, subject to exception. Exempts cigarettes and smokeless tobacco manufactured, imported, or packaged for export. Deems tobacco products in violation of this chapter if their labeling or manufacturer claims imply reduced health risk, unless proven by scientific evidence. Requires a manufacturer to: (1) notify the Secretary (after securing intellectual property protections) of any technology that would reduce risk; and (2) permit licensing of the technology to other manufacturers. Provides for licensing fees. Allows the Secretary, on determining that the manufacture of a less hazardous product is technologically and commercially feasible, to require disclosure of the technology's existence, prohibit use of the superseded technology, and require that manufacturers cease manufacturing and marketing tobacco products not incorporating the technology. Prohibits retail tobacco product distribution to any individual under 18 years old. Requires photo identification for anyone under 27. Requires retailers to keep tobacco in areas where customers to not have product access. Allows sale only in a direct, face-to-face exchange. Prohibits out-of-package distribution. Requires removal of retail tobacco-related self-service displays, advertising, labeling, and other items not complying with the requirements of this paragraph. Sets minimum cigarette package size at 20 cigarettes. Prohibits sample distribution. Prohibits vending machine and other self-service sales, subject to exception. Establishes the Tobacco Products Scientific Advisory Committee to assist the Secretary in establishing, amending, or revoking regulations under specified provisions. Prohibits State or local requirements conflicting with specified provisions of this Act. (Sec. 402) Declares that this title supersedes cigarette provisions of the Cigarette Labeling and Advertising Act. Repeals the Comprehensive Smokeless Tobacco Health Education Act of 1986. (Sec. 403) Mandates a tobacco licensing program to be applied to entities that sell or distribute tobacco products on military installations, in U.S. embassies, in any facility owned and operated by the Government, in any duty-free shop in the United States, or through any other Federal entity or on any other Federal property. Requires the program to apply requirements similar to those implemented by States under this subtitle. Treats an Indian tribe or tribal organization as a State for applying and enforcing this subtitle's provisions regarding entities that distribute tobacco products on Indian reservations. Title V: Payments to States and Public Health Programs - Subtitle A: Payments to States - Requires use of Settlement Fund amounts to reimburse States for amounts expended by the States for the treatment of individuals with tobacco-related illnesses or conditions. Sets forth the percentage for each State. Allows a State to use the amounts as it determines appropriate, except for the amount equal to that State's Federal medical assistance percentage under title XIX (Medicaid) of the Social Security Act. (Sec. 502) Requires a State, in order to receive payments, to prepare a plan regarding use of the funds for anti-tobacco and anti-smoking programs, deeming plans approved unless disapproved by Settlement Fund Trustees. Subtitle B: Public Health Programs - Establishes the National Institutes of Health Trust Fund for Health Research (Research Fund), appropriating amounts described in specified provisions to it each fiscal year. Sets forth the portions of Research Fund amounts to be used for specified purposes. Requires the Director of the National Institutes of Health (NIH) to annually submit to the Secretary and appropriate congressional committees a National Tobacco Research Agenda. Excludes Research Fund amounts from, and prohibits taking them into account, for purposes of any budget enforcement procedure under the Congressional Budget Act of 1974 of the Balanced Budget and Emergency Deficit Control Act of 1985. (Sec. 522) Mandates a national anti-tobacco program to discourage beginning use of tobacco and other substances of abuse and assist cessation, including: (1) development of model public education curricula and materials regarding tobacco use health risks; (2) action to inform tobacco users of effective therapies; (3) a mass media campaign designed to counter the effects of manufacturer marketing; and (4) a model smoking cessation program for State use. Authorizes grants and contracts. Mandates block grants to States for tobacco use prevention and cessation activities. Title VI: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Requires that public facilities implement a smoke-free environment policy meeting specified requirements. Sets forth special rules for facilities serving children. (Sec. 603) Declares that this title does not preempt any Federal, State, or local law providing protections from environmental tobacco smoke equal to or greater than under this title. Title VII: Public Disclosure of Health Research - Requires manufacturers of tobacco products, to receive certain liability protections of this Act, acting in conjunction with the Tobacco Institute and the Council for Tobacco Research, U.S.A. (prior to their termination), to establish a National Tobacco Document Depository. Requires the Depository to be open to the public regarding manufacturers' corporate records and research concerning smoking and health, addiction or nicotine dependency, safer or less hazardous cigarettes, and underage tobacco use and marketing. Specifies required Depository contents. Requires the Judicial Conference of the United States to establish a Tobacco Documents Dispute Resolution Panel to resolve all claims of attorney-client, work product, or trade secrets privilege. Allows the Attorney General or a State's chief law enforcement officer to bring an enforcement action. Mandates civil monetary penalties for violations. Title VIII: Agricultural Transition Provisions - Tobacco Transition Act - Subtitle A: Tobacco Production Transition - Chapter 1 - Tobacco Transition Contracts - Establishes a Tobacco Transition Account (Account) to provide tobacco buyout and transition payments. Terminates the Account as of a specified date. (Sec. 812) Directs the Secretary of Agriculture (Secretary) to offer to enter into transition contracts with tobacco owners and producers. Sets forth contract terms. (Sec. 815) Directs the Secretary to make temporary transition payments to certain quota tobacco producers. (Sec. 816) Sets forth group eligibility requirements under a tobacco worker transition program for those workers for whom the national tobacco settlement has contributed importantly to job separation or threat of separation. Includes in program assistance employment and training, readjustment allowances, and job search and relocation allowances. Prohibits assistance for persons receiving buyout assistance. Obligates specified funds. Sets forth program termination provisions. (Sec. 817) Amends the Higher Education Act of 1965 to authorize through a certain date a higher education farmer opportunity grant program for qualifying tobacco farm families. Transfers specified amounts from the Account for such program. Chapter 2 - Rural Economic Assistance Block Grants - Directs the Secretary to use Account funds for a temporary program of rural economic assistance block grants to States with tobacco-dependent areas. Subtitle B: Tobacco Price Support and Production Adjustment Programs - Chapter 1 - Tobacco Price Support Program - Amends the Agricultural Act of 1949 with respect to tobacco to: (1) revise and extend price supports at reduced levels; (2) require each producer marketing association providing price supports to establish a No Net Cost Tobacco Fund; (3) authorize the Secretary to carry out the price support program through association loans to producers; and (4) terminate existing price support and no net cost provisions. Chapter 2 - Tobacco Production Adjustment Programs - Amends the Agricultural Adjustment Act of 1938 to terminate specified tobacco adjustment programs. Subtitle C: Funding - Directs the Secretary to provide for the transfer of specified funds from the Account to the Commodity Credit Corporation for activities under this Act. Terminates such authority as of a specified date. Title IX: Miscellaneous Provisions - Declares that the provisions of this Act shall apply to the manufacture, distribution, and sale of tobacco products within Indian country and to Indian tribes, with exceptions for religious practices. Requires the Secretary to promulgate regulations to waive requirements of the Federal Food, Drug, and Cosmetic Act with respect to tobacco products manufactured, distributed, or sold within Indian country as appropriate to comply with such requirement. Provides for the treatment of tribes under various provisions of this Act. (Sec. 902) Sets forth whistleblower and antitrust provisions.
Bill· SS. 1536 (105th)referred
United States · United States Congress · 13 November 1997
Early Detection and Prevention of Osteoporosis and Related Bone Diseases Act of 1997 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require a group health plan, and an insurer offering group coverage, to include coverage for bone mass measurement for individuals who: (1) are estrogen-deficient women at clinical risk for osteoporosis; (2) have vertebral abnormalities; (3) are receiving chemotherapy or long-term gluococorticoid (steroid) therapy; (4) have primary hyperparathyroidism, hyperthyroidism, or excess thyroid replacement; or (5) are being monitored to assess the response to or efficacy of approved osteoporosis drug therapy. Regulates frequency and cost sharing. Prohibits related denial of coverage, incentives to individuals, restrictions on provider-patient communications, and provider penalties. Allows State laws providing greater detection or prevention benefits. Amends the Public Health Service Act to apply the above requirements to coverage offered in the individual market. (Sec. 3) Requires five specified Institutes of the National Institutes of Health to expand and intensify osteoporosis and related bone disease research. Mandates (subject to available appropriations) grants or contracts for the development and operation of at least three centers to conduct such research. Authorizes appropriations for each of the Institutes and the research centers. (Sec. 4) Authorizes appropriations (in addition to other authorizations) for the establishment and operation of a clearinghouse on osteoporosis and related bone disorders.
Bill· HRH.R. 3072 (105th)referred
United States · United States Congress · 13 November 1997
HIV Treatment Improvement Act of 1997 - Amends title XIX (Medicaid) of the Social Security Act to require State Medicaid plans to make medical assistance available for HIV-infection-related drug treatment for certain HIV-infected individuals. Amends the Public Health Service Act to modify the program for treatments for HIV disease, including providing for the inclusion of laboratory services in such program. Requires, as a condition for receiving Federal treatment drug program funding, that States allocated more than $1 million in HIV-related care grants for a fiscal year provide non-Federal contributions toward at least 20 percent of the costs the State will incur in carrying out such program. Revises the formula for determining the minimum grant allotment under such program to eliminate the distinction between States with less than 90 living acquired immune deficiency syndrome (AIDS) cases and States with more than that number.
Bill· SS. 1524 (105th)referred
United States · United States Congress · 12 November 1997
Instructs the Secretary of Health and Human Services (the Secretary) to: (1) conduct an ongoing study of the health consequences of nuclear weapons tests by the United States and specified foreign countries, considering in particular the health consequences of exposure to specified radioactive elements produced by such tests; (2) provide for continuing study guidance and review by the Advisory Committee on Energy-Related Epidemiologic Research of the Department of Health and Human Services and by other entities engaged in the review of governmental studies relating to nuclear weapons activities; and (3) report annually to the Congress on the study results. Directs the Secretary of Energy to transfer to the Secretary funds from appropriations for nuclear weapons activities in order to permit the conduct of such study.
Bill· HRH.R. 3028 (105th)open
United States · United States Congress · 12 November 1997
TABLE OF CONTENTS: Title I: Amendments to the Public Health Service Act Relating to Tobacco Title II: FDA Jurisdiction Over Tobacco Products Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title IV: Tobacco Market Transition Assistance Subtitle A: Tobacco Quota Buyout Contracts and Producer Transition Payments Subtitle B: No Net Cost Tobacco Program Subtitle C: Tobacco Community Empowerment Block Grants Title V: Miscellaneous Provisions Healthy and Smoke Free Children Act - Title I: Amendments to the Public Health Service Act Relating to Tobacco - Amends the Public Health Service Act to mandate payments to States for the States' expenses for treating tobacco-related illnesses or conditions and for services for children. Makes certain amounts available for specified activities under this Act and its amendments, including: (1) the costs associated with Food and Drug Administration tobacco-related activities; (2) national biomedical and basic scientific research activities and child development and research activities; and (3) assistance and compensation to individuals with tobacco-related illnesses and conditions. Establishes the National Biomedical and Basic Scientific Research Board to make grants and contracts for the expansion of basic and biomedical research and to provide graduate training in that research. Mandates grants or contracts for the conduct and support of research, training, and demonstration projects regarding child health and development. Mandates, to discourage individuals from using tobacco products and to assist quitting: (1) research on methods, drugs, and devices; (2) programs to reduce tobacco use through education, prevention, and cessation campaigns; and (3) programs through the Centers for Disease Control and Prevention. Mandates block grants to States for tobacco use reduction and education activities. Requires a Federal model smoking cessation program and Federal regulations regarding approval of cessation programs and devices. Includes in the allowed uses of block grants activities for the transitional sponsorship of certain activities. Mandates an annual survey on children's tobacco use. Requires each tobacco manufacturer to reduce the number of children using its products by specified percentages in specified years. Imposes a per-unit fee for failing to meet targets. Mandates regulations: (1) prohibiting the sale of tobacco product single packs in cases of repeated noncompliance; and (2) requiring generic packaging in cases of severe repeated noncompliance. Requires fee amounts to be made available: (1) to the National Biomedical and Basic Scientific Research Board for research, training, and demonstration project grants; (2) for healthy child development grants; and (3) for reduction and addiction prevention research grants and grants under the national tobacco usage reduction and education program. Prohibits reprisals against whistleblower employees of tobacco manufacturers, distributors, and retailers. Establishes the National Tobacco Document Depository, requiring that it be open to the public and maintained as a resource for individuals interested in the manufacturers' corporate records and research. Requires manufacturers, the Tobacco Institute, and the Council for Tobacco Research, U.S.A., to provide specified Depository contents. Directs the Judicial Conference of the United States to establish a Tobacco Documents Dispute Resolution Panel to resolve all claims of attorney-client, work product, or trade secrets privilege. Establishes the Tobacco Oversight and Compliance Board to monitor tobacco industry compliance with this Act. Mandates manufacturer submission and Board disclosure of documents: (1) relating to tobacco health effects (including addiction), manipulation or control of nicotine, or the sale or marketing of tobacco products to children; or (2) produced or ordered to be produced by the manufacturer in State of Minnesota v. Philip Morris, Inc. Title II: FDA Jurisdiction Over Tobacco Products - Declares that the Secretary of Health and Human Services, through the Food and Drug Administration, shall have the authority under the Federal Food, Drug, and Cosmetic Act (FDCA) to regulate the manufacture, labeling, sale, distribution, and advertising of tobacco products. (Sec. 203) Amends the FDCA to include nicotine in tobacco products in the definitions of "drug" and "device." Deems tobacco misbranded if it violates the FDCA or its regulations. Requires that tobacco products be classified as Class II devices. Prohibits the Secretary from prohibiting tobacco products under specified provisions. Sets forth tobacco product performance standard requirements. Declares that a tobacco product is a restricted device. (Sec. 204) Establishes the Scientific Advisory Committee to assist the Secretary regarding a performance standard. Allows a standard involving the reduction or elimination of nicotine, other constituents, or harmful components. Mandates regulations: (1) for the testing, reporting, and disclosure of smoke constituents; and (2) limiting cigarette tar. Deems tobacco products misbranded if there are claims (not scientifically proven) of reduced health risk. Requires manufacturers to: (1) notify the Commissioner of Food and Drugs of any technology that would reduce risk; and (2) permit licensing of the technology to other manufacturers. Allows the Commissioner, on determining the technology feasible, to require manufacturers to either manufacture the less hazardous products or license the technology's use by other manufacturers. Requires the Commissioner, if no manufacturer agrees to manufacture less hazardous products, to provide for the manufacture of the products through the Public Health Service. Allows good manufacturing practice regulations, but prohibits placing burdens on tobacco producers in excess of the burdens placed on other agricultural commodity producers. Mandates annual disclosure to the Secretary of tobacco product ingredients (including added substances and nicotine). Requires ingredient safety assessments and prohibits inclusion of current ingredients with disapproved assessments and new ingredients without approved assessments. Provides for public disclosure. Mandates specified warnings on packaging and in advertising of cigarettes and smokeless tobacco products. Declares that this paragraph does not relieve any person from liability at common law or under State statutory law. Exempts exports from warning requirements. Requires specified use statements on cigarettes and smokeless tobacco describing the product as a nicotine delivery device for persons 18 or older. Allows State and local governments to impose additional controls to limit tobacco use by minors. Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Amends the Occupational Safety and Health Act of 1970 to require the responsible entity for each non-residential public building (regularly entered by at least ten individuals at least one day per week (except portions of a building used as a bar, tobacco merchant, designated smoking hotel room, or prison)) to implement a smoke-free environment policy. Allows designated smoking areas meeting specified requirements. Title IV: Tobacco Market Transition Assistance - Subtitle A: Tobacco Quota Buyout Contracts and Producer Transition Payments - Directs the Secretary of Agriculture to offer to enter into: (1) a buyout contract with the owner of a tobacco basic marketing quota; (2) a producer transition payment contract with producers of quota tobacco that were quota lessees or quota tenants; and (3) a producer nonquota transition payment contract with producers of nonquota tobacco. Requires the contracting quota owners to permanently relinquish the quota and producers (quota and non-quota) to permanently refrain from growing tobacco for which a quota program is in effect. Subtitle B: No Net Cost Tobacco Program - Amends the Agricultural Act of 1949 to extend the termination date of a requirement that producers, purchasers, and importers of tobacco for which price support is available pay a nonrefundable marketing assessment to the Commodity Credit Corporation. Requires that payment amounts be sufficient to cover the costs of the administration of certain tobacco quota and price support programs. Subtitle C: Tobacco Community Empowerment Block Grants - Mandates grants to tobacco States to enable the States to: (1) empower tobacco producers and tobacco manufacturing workers by providing economic alternatives to tobacco; and (2) carry out non-tobacco economic development initiatives in tobacco communities. Title V: Miscellaneous Provisions - Declares that it is the sense of the Senate that: (1) the Congress should increase excise taxes on tobacco products; (2) the tax should be indexed; and (3) the tax should not be deductible.
Bill· HRH.R. 3030 (105th)referred
United States · United States Congress · 12 November 1997
Amends the Internal Revenue Code to prohibit a deduction for any amount paid to the Federal Government or any State or local government pursuant to any tobacco judgment or settlement. Establishes the National Institutes of Health Trust Fund for Health Research into which shall be deposited the net increase in revenues received attributable to the provisions of the preceding paragraph.
Bill· SS. 1514 (105th)referred
United States · United States Congress · 10 November 1997
NAFTA Accountability Act - Requires assessment of the impact of the North American Free Trade Agreement (NAFTA), renegotiation of certain NAFTA provisions, and withdrawal from NAFTA unless specified conditions are met and certified to. Sets forth conditions for continuing U.S. participation in NAFTA, which must be met before the end of 1998. Requires certifications by certain U.S. officials with respect to NAFTA, relating to: (1) overall trade balance between each NAFTA Party (United States, Canada, and Mexico) (by the Secretary of Commerce); (2) currency values (by the Secretary of the Treasury); (3) gains in U.S. jobs and living standards (by the Secretary of Labor); (4) health and environmental standards, with respect to food imports and to U.S.-Mexico border areas (by the Secretary of Agriculture, the Administrator of the Food and Drug Administration, and the Administrator of the Environmental Protection Agency); (5) flow of illegal drugs from Mexico and Canada (by the Attorney General); (6) NAFTA Party democracy and human freedoms (by the President); (7) U.S. agriculture (by the Secretary of Agriculture); and (8) compliance with U.S. transportation safety standards by Mexican commercial trucks or buses coming into the United States (by the Secretary of Transportation). Requires the President to renegotiate, in specified ways, the terms of NAFTA to: (1) correct trade deficits, currency distortions, loss of U.S. jobs, and agricultural tariff and quota provisions; and (2) ensure the safety of the public health and the environment, provide effective drug interdiction, and ensure compliance with certain U.S. transportation standards. Directs the President to consult regularly with the Congress regarding such renegotiations and certifications. Directs the U.S. Trade Representative to consult with appropriate congressional committees in developing technical and conforming amendments that may be required to carry out this Act. Expresses the sense of the Congress that until the conditions set by this Act are met: (1) the President should not engage in negotiations to expand NAFTA to include other countries; and (2) fast-track authority should not be renewed with respect to the approval of any such NAFTA expansion.
Bill· SS. 1499 (105th)referred
United States · United States Congress · 9 November 1997
TABLE OF CONTENTS: Title I: Health Insurance Bill of Rights Title II: Application of Bill of Rights Under Various Laws Health Insurance Consumer's Bill of Rights Act of 1997 - Title I: Health Insurance Bill of Rights - Amends the Public Health Service Act to require a managed care group health plan (and a health insurer offering group coverage) to: (1) have a sufficient number and mix of primary care practitioners and specialists throughout the service area; (2) provide specialty care access, standing referrals, access to nonparticipating providers, and access without referrals to professionals trained in obstetrics and gynecology (allowing a provider trained in obstetrics and gynecology to be designated as a primary care practitioner); (3) not (if emergency services are covered) require prior authorization for services for emergencies (defined from the perspective of a prudent layperson); (4) not deny participation in, deny or limit coverage, or discriminate against a qualified enrollee (with a life-threatening or serious illness for which no standard treatment is effective) for participation in clinical trials; (5) provide coverage continuity when coverage is terminated; (6) not restrict medical communications between a health professional and the professional's patient; (7) disclose (if prescription drugs are covered but limited to a formulary) to enrollees the nature of the restrictions and make restriction exceptions when medically necessary or appropriate; (8) comply with certain utilization review requirements, including regarding a complaint and appeals process; (9) have an ongoing quality improvement program; (10) not discriminate on specified bases, including disability, genetic makeup, health status, payer source, or anticipated need for services; (11) ensure confidentiality; (12) provide enrollees and prospective enrollees with a prospectus containing specified information, including qualitative and quantitative information; and (13) not limit the manner in which particular covered services are delivered if medically necessary or appropriate. Title II: Application of Bill of Rights under Various Laws - Requires health insurers to comply with title I of this Act regarding group and individual coverage. Allows States to establish requirements at least as stringent on insurers as the requirements of title I of this Act. Amends the Health Insurance Portability and Accountability Act of 1996 to provide for coordination by the Secretaries of the Treasury, Health and Human Services, and Labor regarding regulations, rulings, and interpretations concerning health insurance provisions of the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code. (Sec. 202) Amends ERISA to require group health plans (and insurers offering group coverage) to comply with title I of this Act. Allows States to establish requirements at least as stringent on insurers as the requirements of title I of this Act. (Sec. 204) Amends title XVIII (Medicare) of the Social Security Act to require each Medicare+Choice organization offering a Medicare+Choice plan described in specified provisions to comply with title I of this Act, except when Medicare requirements are more protective of enrollees. Amends title XIX (Medicaid) of the Social Security Act to allow Medicaid managed care organizations to not comply with Public Health Service Act health insurance requirements when those requirements are less protective of enrollees than Medicaid. Amends Federal law relating to the Federal Employees' Health Benefits Program to require plans offered under that Program to comply with title I of this Act, except when the Program's requirements are more protective of enrollees.
Bill· HRH.R. 3000 (105th)open
United States · United States Congress · 9 November 1997
TABLE OF CONTENTS: Title I: Remedy Selection Title II: Liability Title III: Brownfields Title IV: Natural Resource Damages Title V: State Role Title VI: Federal Facilities Title VII: Community Participation Title VIII: Miscellaneous Title IX: Funding Subtitle A: Expenditures From the Hazardous Substance Superfund Subtitle B: 5-Year Extension of Hazardous Substance Superfund Superfund Reform Act - Title I: Remedy Selection - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to revise remedy selection provisions. Requires final remedies for nonthreshold carcinogens to limit cumulative, lifetime additional cancer risk from exposure to hazardous substances from releases at the facility concerned to within the range of one in 10,000 to one in 1 million for the affected population or subpopulation. Requires exposure assessments to be consistent with the current and reasonably anticipated uses of land, water, and other resources identified by the President. Directs the President, for purposes of selecting appropriate methods of remediation for a given facility, to identify current and reasonably anticipated uses of land, water, and other resources at and around the facility and the timing of such uses. Requires the President, in identifying current and reasonably anticipated future groundwater uses, to defer to State determinations regarding such uses where the State has made such determination on a facility-specific basis. Prohibits, unless the State has made a determination otherwise, the use of groundwater from being identified as drinking water for 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) if the potential source of drinking water is physically incapable of yielding 150 gallons per day of water to a well or spring without adverse environmental consequences. Directs the President to use site-specific risk assessment to: (1) determine the nature and extent of risk to human health and the environment; (2) identify groups which are currently or would be highly exposed or susceptible to contamination based on current and reasonably anticipated uses of land, water, and other resources or to risks arising from implementation of a remedial option; (3) assist in establishing remedial objectives for the facility respecting releases or threatened releases of hazardous substances and in identifying geographic areas or exposure pathways of concern; and (4) evaluate alternative remedial actions for a facility to determine their risk reduction benefits. Requires final remedies to seek to remediate usable groundwater to beneficial use within a reasonable time frame. Directs the President to provide for the long-term monitoring of groundwater, where appropriate. Revises provisions regarding the degree of cleanup. Provides that the standards set forth in CERCLA shall govern the level or standard of control for remedies, remedy selection, and on-site management of hazardous substances in lieu of any other Federal, State, or local standards, except as otherwise provided. Requires point source discharges or emissions of hazardous substances into U.S. waters or ambient air that result from remediation technology used in the conduct of a remedy to comply with State and Federal standards respecting such discharges or emissions. Provides that selected remedies shall attain a level or standard which meets promulgated State standards for protection applicable to remedial actions, unless the President makes a certain finding. Requires final remedies to prevent or eliminate, at a minimum, human ingestion of drinking water containing hazardous substances in levels exceeding Maximum Contaminant Levels under the Safe Drinking Water Act, including the provision of an alternate water supply. Provides that compliance with State standards for protection shall not be required unless such standards are of general applicability, consistently applied, and identified to the President in a timely fashion. Directs the President to consider new procedures for conducting remedial investigations and feasibility studies in an efficient, cost-effective, and timely manner. Requires the President to emphasize performance-based standards. Provides for a phased approach to site characterization and remediation in which remedies are arrived at through a sequence of investigations and actions. Directs the President to maintain a registry of restrictions on the use of land, water, or other resources through institutional controls that are included in final records of decisions as part of the basis of decision at National Priority List (NPL) facilities. Requires the President to study and report on the use and effectiveness of institutional controls at NPL facilities and to issue recommendations to improve efficiency and effectiveness. (Sec. 102) Requires risk assessments and characterizations conducted under CERCLA to: (1) provide scientifically objective assessments, estimates, and characterizations which neither minimize nor exaggerate the nature and magnitude of health and environmental risks; (2) distinguish scientific findings from other considerations; (3) be based on the best, relevant, and current scientific and technical information; and (4) be based on a careful analysis of the weight of scientific evidence that supports conclusions about risks to health and the environment. Directs the President to: (1) update and publish exposure and ecological risk assessment guidelines consistent with such principles; and (2) conduct a study of the cancer potency values of 12 specified hazardous substances frequently found to pose significant risks at NPL facilities. Requires the President to make a scientifically objective assessment of different methodologies for determining the health effects of chemical mixtures at relevant doses based on reasonable exposure scenarios at NPL facilities. Directs the Administrator (Administrator) of the Environmental Protection Agency (EPA) to enter into a contract with the National Academy of Sciences (NAS) to review science on the relationship, if any, between lead in residential soils and blood lead levels. Requires NAS to report its findings to the Administrator and the Congress. Directs the President to reconcile any empirical data from a statistically significant representation of residents concerning lead in blood along with other relevant information in making estimates of risk based on models, methodologies, guidance, or rules concerning the exposure, uptake, bioavailability, and biokinetics of lead in soils. Bars projections based on any such model, methodology, guidance, or rule from being used to predict blood lead levels or to select remedial actions unless such projections have been reconciled with empirical data. (Sec. 103) Directs the President to review past Superfund records Hazardous Substance Superfund (Superfund) of decision, upon request of an interested party, to ensure that such decisions reflect the current state of knowledge with respect to remediation science and technology, best available facility data, and most recent EPA policy and guidance and to improve the cost-effectiveness of site remediation while ensuring long-term health and environmental protection. Defines a past record of decision as one selecting a remedy for an NPL site that was signed prior to October 2, 1995, and that has not been reviewed pursuant to a specified EPA directive or otherwise updated since such date. Requires the President to establish a National Superfund Remedy Review Board to control remedy costs and to provide for protective, consistent, and cost-effective remedial decisions at NPL facilities. Directs the Board, for remedial alternatives identified after this Act's enactment date and following identification of a preferred remedy, to review remedies for NPL facilities for which the estimated cost of the preferred remedy exceeds $15 million. Permits the Board to review remedies for which the estimated cost is less than such amount, if requested. Provides for public notice of such reviews. (Sec. 104) Requires the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. Authorizes the ATSDR Administrator to provide grant or contract assistance to individuals who may be affected by releases or threatened releases when: (1) a public health assessment is conducted at an NPL facility; or (2) a facility is being evaluated for inclusion on the NPL. Authorizes and directs the ATSDR Administrator, pursuant to such grants or contracts, to provide diagnostic services, health data registries, and preventative public health education to communities affected by such releases. (Sec. 105) 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. Directs the President, in setting priorities for remedial action under the national hazardous substance response plan (part of the national contingency plan for the removal of oil and hazardous substances), to place highest priority on facilities with releases resulting in actual ongoing human exposures at levels of public health concern or demonstrated adverse effects. (Sec. 107) Alters the criteria for the continuance of obligations for removal actions to provide that actions shall not continue after $3 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 of hazardous substances. (Sec. 108) 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, water, or other natural resources. Permits easements and notices of property use restrictions to be used whenever institutional controls have been selected as a component of remedial action for an NPL site. Makes easements enforceable for 20-year periods (unless terminated pursuant to this Act) against owners of affected property or persons who acquire interest in, or rights to use, the property. (Sec. 109) Makes amendments made by this title applicable to final remedial actions selected under CERCLA for which records of decision were signed, or consent decrees were lodged, after this Act's enactment and to any modifications to records of decision made after such date. Title II: Liability - Provides exemptions to liability under CERCLA, with stated exceptions, for releases occurring in connection with arranging for disposal, treatment, transport, or acceptance of hazardous substances, with respect to: (1) pre-1987 activities at non-federally owned NPL facilities or vessels; (2) activities at such facilities or vessels that involved only municipal solid waste or sewage sludge; or (3) de micromis activities. Absolves of liability certain owners or operators who acquired the concerned facility or vessel by inheritance or bequest. Limits liability for certain owners or operators who are also tax-exempt organizations. Exempts from liability: (1) construction contractors whose liability is based solely on a contracted construction activity at the facility or vessel concerned; (2) certain railroad owners or operators of spur tracks; or (3) persons whose liability is based on status as a holder of a pipeline right-of-way or easement or of a gas or oil lease if such a person does not cause, or contribute or consent to, the release or threat of release. Limits liability for certain municipalities and other owners or operators of NPL landfill facilities. Requires the Administrator to seek to minimize the administrative and legal burdens on non-liable parties. Makes amendments pertaining to liability exemptions and limitations inapplicable to: (1) actions brought for contribution to response costs or natural resource damage restoration incurred before November 9, 1997; or (2) actions seeking indemnity, rights of defense, or other rights under any indemnification or insurance contract. (Sec. 203) Prohibits the President from amending certain administrative orders or issuing additional orders without a subsequent finding of an imminent and substantial endangerment. Describes sufficient causes. (Sec. 204) Revises contribution provisions to require an action by a potentially responsible party (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; 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. (Sec. 205) Provides that a person who has resolved liability to a State or an Indian tribe in an administrative or judicially approved settlement shall not be liable for claims by persons other than the United States regarding response costs or damages addressed in the settlement. Provides the same protection for persons who have resolved liability to the United States (except for liability to a State for remedial or removal action costs). Includes protection against all claims that may be asserted against the settling party for recovery of costs or damages paid by another person if addressed in the settlement, except claims based on contractual indemnification. Limits the right to seek contribution from other parties where: (1) the person asserting the right has waived such right in a settlement; (2) the person from whom the contribution is sought is not liable under CERCLA; or (3) the person from whom the contribution is sought has entered into a final settlement with the United States. Makes any person who commences a contribution action liable to the person against whom the action is brought for all reasonable costs of defending against the claim if the action: (1) is barred for the reasons stated above; (2) is brought against a person who is protected from suits by reason of settlement with the United States; or (3) is brought during a specified moratorium period. (Sec. 206) Expands the exemption from liability for response action contractors to include exemption from liability under State or local law unless a State has enacted a law determining liability of such contractors. Extends certain indemnification agreements made by the President with respect to negligence of response action contractors to any claims for negligence arising under State or local law. Bars actions against contractors more than six years after the completion of work. Makes such prohibition inapplicable in cases of gross negligence or intentional misconduct or in States or political subdivisions where the State has enacted a statute determining liability for such contractors. Extends certain provisions relating to surety bonds with respect to direct Federal procurement of response actions. (Sec. 207) Revises conditions of eligibility for expedited final settlements. Makes eligible for such settlements certain parties whose liability is based on arranging for the treatment, disposal, or transport of, or accepting, the hazardous substances concerned and who have a demonstrated inability to pay response costs. (Sec. 208) Requires the President to initiate an allocation process for each response action at a non-federally owned NPL facility eligible for fair share funding under this Act. Makes such process inapplicable to actions for which there has been a final settlement, decree, or order determining liability and share of responsibility before November 9, 1997. Places a moratorium on litigation seeking recovery of response costs or contributions in connection with actions for which the President is required to initiate allocations until 90 days after issuance of the allocator's report or of a subsequent report under this section. Stays pending actions or claims, including those under State law, until such prescribed period unless the court determines that a stay will result in manifest injustice. Establishes a moratorium on enforcement orders by the Administrator or suits by the Attorney General to or against facilities subject to allocation for the same time period. Sets forth requirements for the President in initiating the allocation process. Describes the authorities of a neutral allocator, to be selected by the Administrator and acceptable to the PRPs. Permits PRPs to submit the names of additional PRPs to the allocator. Sets forth confidentiality requirements with respect to information submitted to the allocator. Requires the allocator to prepare a nonbinding allocation of percentage shares of responsibility to each allocation party and to the fair share funding (the amount to be allocated to the Superfund) without regard to theory of joint and several liability and based on specified equitable factors. Directs the allocator to adopt, in lieu of the allocation report, any agreement among some or all of the allocation parties that allocates 80 percent of the recoverable costs to the signatories if the settlement contains a waiver of all claims against all other allocation parties for contribution. Sets forth: (1) conditions under which the Administrator and Attorney General may reject the allocator's report; and (2) requirements for settlements based on allocations. Entitles parties who incur costs in excess of the percentage share allocated by the allocator to reimbursement from Superfund of such excess amounts. Authorizes the Administrator to commence an action against any party that has not resolved its liability following an allocation and to recover unrecovered response costs, including amounts constituting fair share funding. (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, with respect to any item of a recyclable material, if the item: (1) contained polychlorinated biphenyls at a concentration exceeding 50 parts per million or any new Federal standard; or (2) is scrap paper containing a concentration of hazardous substances determined to present a significant human health or environmental risk. Title III: Brownfields - Land Recycling Act of 1997 - Prohibits, with exceptions, the President and any person other than a State from using authorities of CERCLA or the Solid Waste Disposal Act to commence an administrative or judicial action with respect to a release or threatened release at a facility that is, or has been, the subject of a voluntary response plan in a State that certifies that it has enacted a program established to allow a person to respond voluntarily to the release or threatened release of hazardous substances at a facility. Declares that such prohibition shall not affect the Administrator's authority to gather information at facilities where there may be a substantial endangerment of human health or the environment, but only for purposes of determining whether a facility qualifies for listing on the NPL. Exempts facility response activities conducted entirely onsite as part of a voluntary response plan from Federal permit requirements. Requires the Administrator to provide assistance to States for establishing such programs. (Sec. 304) Amends 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 Administrator) and the person fulfills certain responsibilities concerning information compilation. (Sec. 305) 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 this Act and the facility's fair market value has increased above that which existed six months before the action was taken. (Sec. 306) Exempts from liability certain owners or operators of real property contiguous to property on which there has been a release or threat thereof. Authorizes the President to grant such persons an assurance of no enforcement action and protection against cost recovery and contribution actions. Title IV: Natural Resource Damages - Sets forth provisions regarding the designation of trustees for natural resources by Indian tribes. (Sec. 406) Limits the measure of damages to a natural resource to reasonable costs of restoration, temporary restoration, and assessment of damages. Bars recovery based on non-use values. Prohibits the use of contingent valuation methodology and other economic polling techniques to value lost natural resource services or restoration alternatives. (Sec. 407) Sets forth requirements for damage assessments by Federal, State, and Indian tribe trustees. (Sec. 409) Permits damages recovered by trustees to be available only for restoration, replacement, or acquisition of natural resources. (Sec. 410) Precludes trustees who receive compensation for injury to, destruction of, or loss of a natural resource pursuant to this Act from recovering compensation for the same natural resource pursuant to any other State or Federal law. Bars recovery under such other laws if recovery for such resources is made under this Act. Prohibits double liability for such resources in the same manner as double recovery is barred. Bars recovery for injury to, destruction of, or loss of natural resources where such damages and the release of a hazardous substance from which such damages resulted occurred wholly before December 11, 1980. (Sec. 412) Authorizes Federal or State natural resource trustees or Indian tribes seeking natural resource damages to initiate mediation with PRPs by means of the mediation procedure or another alternative dispute resolution method recognized by the district court in which the action is filed. (Sec. 413) Makes this title inapplicable to actions to recover natural resources damages in which a trial has begun before July 1, 1997, or in which a final settlement, decree, or order has been issued before such date. Title V: State Role - Authorizes the Administrator to delegate authority to States to: (1) take specified actions at NPL facilities, including actions relating to response, cost recovery, remedy selection, settlements, allocations, and community participation; and (2) implement a State hazardous substance response program in lieu of the response action authorities of this Act at NPL facilities. Sets forth administrative provisions and restrictions on such authority. Permits the Administrator to withdraw State authority under certain conditions. Sets forth provisions regarding the delisting of facilities from the NPL based on statements by a State Governor. (Sec. 503) Requires the Administrator to fund the cost to a State of exercising any delegated authorities as such costs arise, where such costs may be determined on a site-specific basis, with the exception of costs relating to removal authority which shall be reimbursed in accordance with another provision. Sets forth conditions under which the Administrator may deny funding to, or recover funds from, a State in cases where a State cleanup standard is more stringent than a Federal one. (Sec. 504) Revises provisions requiring contracts with States before remedial actions are provided to prohibit the Administrator or a State to which authorities have been delegated from providing any remedial action unless the State enters into an agreement providing assurances that it will pay ten percent of the costs of the action and ten percent of the costs of operation and maintenance. Exempts actions to be taken on Indian lands from such conditions. (Sec. 505) Permits the President to add a facility to the NPL only with the concurrence of the Governor of the State in which the facility is located. (Sec. 506) Extends certain provisions authorizing reimbursements by the President to local governments affected by releases or threatened releases to affected States as well. Title VI: Federal Facilities - Sets forth provisions regarding enforcement and dispute resolution regarding remedy selection at Federal facilities for which authorities have been delegated to a State. (Sec. 602) 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. (Sec. 605) Revises provisions regarding the applicability of specified provisions of CERCLA to the U.S. Government. Makes the United States subject to all Federal, State, interstate, and local substantive and procedural requirements, including administrative orders and penalties and fines, and reasonable service charges. States that neither the United States nor any agent, employee, or officer shall be immune from any court process with respect to the enforcement of injunctive relief. (Sec. 608) Requires Federal agencies to conduct annual studies to determine environmental management priorities at NPL facilities and report to the Congress. Title VII: Community Participation - Requires the Administrator to provide for meaningful public participation in every significant phase of a response action through public meetings. Directs the Administrator to solicit and evaluate concerns, interests, and information from the community. Authorizes community members to propose remedial action alternatives to the Administrator. Sets forth minimum requirements for documents made available to the public which describe risk to human health. Authorizes civil actions to require Federal compliance with community involvement provisions. (Sec. 702) Requires the Governor of a State where a facility is located to create a community assistance group for an NPL-listed or -proposed proposed facility if: (1) it would be helpful in promoting meaningful consultation among persons interested in response action; or (2) requested by a specified number of residents, a representative group of PRPs, or any local governmental entity with jurisdiction over the facility. Lists responsibilities of such groups, including to solicit views of the community with respect to remedial actions and to serve as the community representative during the response action planning and implementation process. Makes such groups preferred recipients of technical assistance grants. (Sec. 703) Provides for technical assistance grants to citizen groups affected by releases at NPL facilities. Bars the approval of any grant application unless the applicant agrees to fully participate in the community assistance group and to present questions, concerns, and suggestions to the organization whenever possible. Title VIII: Miscellaneous - Revises existing definitions and adds new definitions of terms. (Sec. 803) Requires the Administrator to establish a small business Superfund assistance section within the EPA small business ombudsman office. (Sec. 806) Revises CERCLA report requirements. (Sec. 808) Requires the President to: (1) establish spending priorities for remedial actions based on criteria for determining priorities among releases and the most risk reduction for funds spent; (2) publish a proposed budget for expenditures for a fiscal year for remedial actions based on spending priorities; and (3) establish a National Remediation Advisory Committee to make recommendations on the budget and review public comments. Authorizes the establishment of regional remediation advisory committees as well. (Sec. 809) Encourages the President to give greater decisionmaking authority to remedial project managers in order to increase the pace of cleanups, reduce paperwork and administrative costs, and reduce delays in making response action decisions. Directs the President to: (1) require such managers to receive adequate training in environmental management; and (2) conduct a review of existing training facilities to determine whether a national environmental training center should be established to provide training for such managers and other personnel. (Sec. 810) Bars CERCLA authorities from being used to commence an administrative or judicial action with respect to source, special nuclear, or byproduct material that is subject to decontamination regulations issued by the Nuclear Regulatory Commission (NRC) for license termination under the Atomic Energy Act of 1954 or by States with such regulatory duties unless requested by the NRC or the State, as appropriate. Title IX: Funding - Subtitle A: Expenditures from the Hazardous Substance Superfund - Revises the list of activities for which expenditures from Superfund are authorized. Permits the President to use Superfund monies for administrative costs directly related to the costs of authorized activities. Repeals provisions regarding the assumption of certain liability by the Post-closure Liability Fund. (Sec. 902) Authorizes appropriations to Superfund for FY 1998 through 2002. Subtitle B: 5-Year Extension of Hazardous Substance Superfund - Amends the Internal Revenue Code to extend the collection of Superfund taxes through 2002. Increases the aggregate tax which may be collected from $11.97 billion to $22 billion until December 31, 2002. Extends the repayment deadline.
Bill· HRH.R. 3009 (105th)referred
United States · United States Congress · 9 November 1997
TABLE OF CONTENTS: Title I: Patient Choice; Access; Quality of Care Title II: Contracting and Termination Rights Title III: Information Reporting Title IV: Patient-Provider Communication Title V: Utilization Review and Management Title VI: Additional Amendments; Effective Dates Health Care Consumer Protection Act of 1997 - Title I: Patient Choice; Access; Quality of Care - Amends the Public Health Service Act (PHSA) to require a health insurer: (1) to permit enrollees to select a personal health professional and to change that selection; (2) that requires use of network providers to also offer optional coverage for out-of-network providers; (3) for enrollees with special needs or chronic conditions to ensure that care coordination and cost control processes do not create an undue burden; and (4) to provide for continuity of care. Amends title XVIII (Medicare) of the Social Security Act to require a Medicare+Choice organization that requires use of network providers to also offer optional coverage for out-of-network providers. (Sec. 102) Amends the PHSA to require a health insurer to: (1) maintain a sufficient number, mix, and distribution of providers; (2) assure the availability and accessibility of emergency and urgent care services 24 hours a day, seven days a week without prior authorization, defining emergency according to a prudent layperson; (3) allow designation of a specialist in obstetrics and gynecology as a primary care provider and not require prior authorization for referrals to such a specialist; (4) provide for referrals to specialists; (5) ensure that care coordination and cost control processes do not create an undue burden for enrollees with special needs or chronic conditions; and (6) provide for continuity of care. (Sec. 103) Requires a health insurer to establish a quality improvement program meeting specified requirements. Regulates provider incentive plans. Amends Medicare to establish, in the Health Care Financing Administration, an office of Medicare advocacy to provide an independent review of problems and concerns of Medicare beneficiaries. Authorizes expedited resolution of complaints in emergencies. Amends the PHSA to authorize appropriations for grants to States for the maintenance of a State Health Insurance Ombudsman. Mandates a Federal Ombudsman for any State without a State Ombudsman. (Sec. 104) Requires an insurer to establish confidentiality policies and procedures. (Sec. 105) Prohibits discrimination against an enrollee for participation in an approved clinical trial when the enrollee has a life-threatening or serious illness for which no standard treatment is effective. (Sec. 106) Requires an insurer that covers prescription drugs: (1) only when included in a formulary to meet certain requirements, including allowing exceptions when medically necessary; and (2) to maintain a drug utilization program. Title II: Contracting and Termination Rights - Prohibits a health insurer from discriminating in selecting its network providers on specified bases, including genetic makeup, sexual orientation, place or institution of professional education, disability, or (while acting within the scope of licensure or certification) nature of license or certification. (Sec. 202) Requires an insurer offering network coverage to establish mechanisms to consider enrollee and provider suggestions. (Sec. 203) Requires an insurer to provide certain provider due process. (sec. 204) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to allow State causes of action for personal injury or wrongful death against a person who provides insurance or administrative services for an employee welfare benefit plan maintained to provide health benefits. Title III: Information Reporting - Amends the PHSA to set forth the information insurers must disclose to enrollees and prospective enrollees. Requires that any entity that is receiving prepaid payments for services under titles XVIII (Medicare) or XIX (Medicaid) of the Social Security Act and that submits quality information that is material and false be excluded from continuing to qualify for payments or be subject to intermediate sanctions. Title IV: Patient-Provider Communication - Patient Right to Know Act - Prohibits any agreement between a health plan and a provider from restricting the provider from engaging in medical communications with his or her patient. Requires State enforcement, mandating Federal enforcement if a State fails to do so. Mandates a civil money penalty. Allows State requirements equal to or more protective of medical communications than this Act. Title V: Utilization Review and Management - Regulates utilization review programs. Mandates a right of review of certain decisions. Requires each issuer to maintain informal and formal internal appeal processes. Requires an external independent review process regarding a decision not to cover experimental therapies for enrollees with certain terminal conditions for which there is no standard, medically appropriate therapy. Title VI: Additional Amendments; Effective Dates - Requires each health insurer to comply with consumer protection requirements of this Act's PHSA amendments. Mandates coordination between the Secretaries of Health and Human Services and Labor in regulations, rulings, interpretations, and policies. Requires health insurers to comply with consumer protection requirements of this Act's amendments of the PHSA regarding individual coverage. Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require Medicare+Choice plans and Medicaid managed care organizations to comply with the consumer protection requirements of this Act's PHSA amendments. Amends the PHSA to allow State laws (relating to group or individual health insurance) providing protections for individuals equivalent to or stricter than the protections provided under the PHSA amendments of this Act. (Sec. 602) Amends ERISA to require a group health plan (and a health issuer offering group coverage) to comply with the consumer protection requirements of this Act's PHSA amendments. Mandates coordination between the Secretaries of Health and Human Services and Labor in regulations, rulings, interpretations, and policies. Allows State laws providing protections for individuals equivalent to or stricter than the protections provided under this Act's PHSA amendments.
Bill· HRH.R. 3014 (105th)referred
United States · United States Congress · 9 November 1997
Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to increase from three to seven the maximum number of county-operated health insuring organizations in California authorized to enroll beneficiaries under title XIX (Medicaid) of the Social Security Act. Increases from 10 percent to 20 percent the maximum percentage of California Medicaid beneficiaries which may be enrolled with such organizations.
Bill· HRH.R. 3020 (105th)referred
United States · United States Congress · 9 November 1997
TABLE OF CONTENTS: Title I: Federal Support for State Voluntary Cleanup Programs Title II: Tax Incentive for the Assessment, Cleanup, and Brownfields Property-Site Economic Redevelopment Title III: Limiting Out-Year Environmental Risk Liability Title IV: Environmental Assessment and Cleanup Research, Development, and Deployment Title V: Encouraging Public-Private-Community Partnerships Title VI: Annual Program Evaluation Brownfields Reclamation Act of 1997 - Title I: Federal Support for State Voluntary Cleanup Programs - Directs the Administrator of the Environmental Protection Agency (EPA) to facilitate and sustain State voluntary cleanup programs by: (1) encouraging State and tribal governments to formulate cleanup, redevelopment, and reuse programs that meet specified criteria; (2) encouraging State programs to assure community participation in decisions regarding brownfields properties, cleanup, redevelopment, and reuse; (3) providing funding for site inventories, inspections, and assessments and grants for the establishment of revolving funds; and (4) providing technical assistance for brownfields programs. Defines "brownfields" as abandoned, idled, or underused industrial and commercial properties where expansion or redevelopment is complicated by environmental contamination and where conditions, constraints, or circumstances exist that may be detrimental to public health or the environment. Title II: Tax Incentive for the Assessment, Cleanup, and Brownfields Property-Site Economic Redevelopment - Requires the Administrator to work with the Comptroller of the Currency to revise the Community Reinvestment Act Credit to include giving credit to banks that provide loans for the assessment, cleanup, or redevelopment of brownfields properties. Declares that the purpose of the tax incentive is to encourage site reuse by permitting the deductibility of certain remediation costs. Directs the Administrator to allocate tax incentives among States with voluntary cleanup programs. Limits tax incentives to a maximum of 50 percent of total project costs and to no more than the difference between such costs and comparable costs for a greenfield property located at the market periphery (or a clean site within the same jurisdiction). Authorizes States to offer complementary tax incentives for property remediation and reuse. Title III: Limiting Out-Year Environmental Risk Liability - Defines "out-year environmental risk liability" as liability regarding an environmental or public health hazard not discovered during property cleanup assessment or cleanup of a brownfields property. Permits the Administrator to consider a prospective purchaser agreement, with respect to purchasers of brownfields properties, which releases a purchaser from liability to the United States if there are substantial benefits to the Government and the community and such purchaser satisfies other specified criteria. Requires the Administrator to work with the private insurance industry to determine the feasibility of three basic insurance mechanisms (private, Federal, or a joint program involving shared risk) for addressing the issue of out-year environmental risk liability. Title IV: Environmental Assessment and Cleanup Research, Development, and Deployment - Directs the Administrator to make project grants available to local technology centers and universities to research, develop, and deploy innovative property assessment, public health assessment, and cleanup technologies, procedures, and related information. Title V: Encouraging Public-Private-Community Partnerships - Requires the Administrator to: (1) require community consultation on the extent of required cleanup in relation to ultimate reuse and reuse impact on the neighborhood and community; (2) sustain or expand Federal funding for training for property environmental assessment and cleanup and for technical assistance and research in brownfields cleanup and redevelopment strategies; and (3) assist the Administrator of the Agency for Toxic Substances and Disease Registry in providing technical assistance for health assessments. Requires the Administrator to make up to 20 grants annually for job training for property assessment and cleanup. Authorizes additional appropriations to support EPA Environmental Finance Centers with respect to technical assistance and research in brownfields cleanup and redevelopment strategies. Title VI: Annual Program Evaluation - Terminates this Act five years after enactment. Directs the Administrator to report annually to the Congress on program activity and to report on the impact and cost-effectiveness of this Act.
Bill· HRH.R. 2999 (105th)referred
United States · United States Congress · 9 November 1997
Advance Planning and Compassionate Care Act of 1997 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act, as amended by the Balanced Budget Act of 1997, with regard to advance directives in order to: (1) require service providers and eligible organizations to provide an appropriately trained professional for discussing advance directive issues with all adult individuals receiving medical care by or through such entities; and (2) ensure that an advance directive valid in one State will be honored in another State. Requires the Secretary of Health and Human Services to study and report to the Congress on: (1) the implementation of this Act; and (2) all matters relating to the creation of a national uniform policy on advance directives. Requires the Secretary, through the Health Care Financing Administration (HCFA), National Institutes of Health, and the Agency for Health Care Policy and Research, to develop outcome standards and measures to evaluate the performance of health care programs and projects that provide end-of-life care to individuals and the quality of such care. Requires the Secretary, through HCFA, to: (1) establish and operate a clearinghouse and 24-hour toll-free telephone hotline to provide consumer information about advance directives and end-of-life decisionmaking; (2) conduct ongoing evaluations of innovative health care programs that provide end-of-life care to Medicare beneficiaries who are seriously ill or who suffer from a medical condition that is likely to be fatal; and (3) conduct demonstration projects to develop new and innovative approaches to providing end-of-life care to such Medicare beneficiaries. Directs the Secretary to report annually to the Congress on the quality of end-of-life care under the Medicare program, together with any suggestions for legislation to improve the quality of such care under that program. Amends SSA title XVIII, as amended by the Balanced Budget Act of 1997, to provide for Medicare coverage of self-administered prescription drugs which are prescribed for the relief of chronic pain in patients with a life-threatening disease or condition.
Bill· HRH.R. 3001 (105th)referred
United States · United States Congress · 9 November 1997
Clinical Research Enhancement Act of 1997 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to: (1) support and expand the NIH's involvement in clinical research; (2) support and expand the resources available for the clinical research community; and (3) establish peer review mechanisms. (Sec. 4) Mandates grants to: (1) establish general clinical research centers to provide the infrastructure for clinical research, including clinical research training and career enhancement; (2) support individual careers in clinical research at general clinical research centers or other institutions (to be known as clinical research career enhancement awards); (3) support individual clinical research projects at general clinical research centers or other institutions; and (4) support individuals pursuing master's or doctoral degrees in clinical investigation (to be known as graduate training in clinical investigation awards). Authorizes appropriations. (Sec. 5) Increases the limit on the aggregate number of scholarship (regarding professions needed by the NIH) and loan repayment (regarding clinical researchers from disadvantaged backgrounds) contracts under specified provisions. Modifies the loan repayment program to: (1) remove current references to disadvantaged backgrounds; and (2) require a period of service in a general clinical research center, in clinical NIH research, or as a physician receiving a clinical research career enhancement award or a graduate training in clinical investigation award (currently, a period of service as an NIH employee). Requires that at least 50 percent of the loan repayment contracts involve individuals from disadvantaged backgrounds. Authorizes appropriations to carry out the loan repayment provisions.
Bill· SS. 1492 (105th)referred
United States · United States Congress · 8 November 1997
TABLE OF CONTENTS: Title I: Amendments to the Public Health Service Act Relating to Tobacco Title II: FDA Jurisdiction Over Tobacco Products Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title IV: Tobacco Market Transition Assistance Subtitle A: Tobacco Quota Buyout Contracts and Producer Transition Payments Subtitle B: No Net Cost Tobacco Program Subtitle C: Tobacco Community Empowerment Block Grants Title V: Miscellaneous Provisions Healthy and Smoke Free Children Act - Title I: Amendments to the Public Health Service Act Relating to Tobacco - Amends the Public Health Service Act to mandate payments to States for the States' expenses for treating tobacco-related illnesses or conditions and for services for children. Makes certain amounts available for specified activities under this Act and its amendments, including: (1) the costs associated with Food and Drug Administration tobacco-related activities; (2) national biomedical and basic scientific research activities and child development and research activities; and (3) assistance and compensation to individuals with tobacco-related illnesses and conditions. Establishes the National Biomedical and Basic Scientific Research Board to make grants and contracts for the expansion of basic and biomedical research and to provide graduate training in that research. Mandates grants or contracts for the conduct and support of research, training, and demonstration projects regarding child health and development. Mandates, to discourage individuals from using tobacco products and to assist quitting: (1) research on methods, drugs, and devices; (2) programs to reduce tobacco use through education, prevention, and cessation campaigns; and (3) programs through the Centers for Disease Control and Prevention. Mandates block grants to States for tobacco use reduction and education activities. Requires a Federal model smoking cessation program and Federal regulations regarding approval of cessation programs and devices. Includes in the allowed uses of block grants activities for the transitional sponsorship of certain activities. Mandates an annual survey on children's tobacco use. Requires each tobacco manufacturer to reduce the number of children using its products by specified percentages in specified years. Imposes a per-unit fee for failing to meet targets. Mandates regulations: (1) prohibiting the sale of tobacco product single packs in cases of repeated noncompliance; and (2) requiring generic packaging in cases of severe repeated noncompliance. Requires fee amounts to be made available: (1) to the National Biomedical and Basic Scientific Research Board for research, training, and demonstration project grants; (2) for healthy child development grants; and (3) for reduction and addiction prevention research grants and grants under the national tobacco usage reduction and education program. Prohibits reprisals against whistleblower employees of tobacco manufacturers, distributors, and retailers. Establishes the National Tobacco Document Depository, requiring that it be open to the public and maintained as a resource for individuals interested in the manufacturers' corporate records and research. Requires manufacturers, the Tobacco Institute, and the Council for Tobacco Research, U.S.A., to provide specified Depository contents. Directs the Judicial Conference of the United States to establish a Tobacco Documents Dispute Resolution Panel to resolve all claims of attorney-client, work product, or trade secrets privilege. Establishes the Tobacco Oversight and Compliance Board to monitor tobacco industry compliance with this Act. Mandates manufacturer submission and Board disclosure of documents: (1) relating to tobacco health effects (including addiction), manipulation or control of nicotine, or the sale or marketing of tobacco products to children; or (2) produced or ordered to be produced by the manufacturer in State of Minnesota v. Philip Morris, Inc. Title II: FDA Jurisdiction Over Tobacco Products - Declares that the Secretary of Health and Human Services, through the Food and Drug Administration, shall have the authority under the Federal Food, Drug, and Cosmetic Act (FDCA) to regulate the manufacture, labeling, sale, distribution, and advertising of tobacco products. (Sec. 203) Amends the FDCA to include nicotine in tobacco products in the definitions of "drug" and "device." Deems tobacco misbranded if it violates the FDCA or its regulations. Requires that tobacco products be classified as Class II devices. Prohibits the Secretary from prohibiting tobacco products under specified provisions. Sets forth tobacco product performance standard requirements. Declares that a tobacco product is a restricted device. (Sec. 204) Establishes the Scientific Advisory Committee to assist the Secretary regarding a performance standard. Allows a standard involving the reduction or elimination of nicotine, other constituents, or harmful components. Mandates regulations: (1) for the testing, reporting, and disclosure of smoke constituents; and (2) limiting cigarette tar. Deems tobacco products misbranded if there are claims (not scientifically proven) of reduced health risk. Requires manufacturers to: (1) notify the Commissioner of Food and Drugs of any technology that would reduce risk; and (2) permit licensing of the technology to other manufacturers. Allows the Commissioner, on determining the technology feasible, to require manufacturers to either manufacture the less hazardous products or license the technology's use by other manufacturers. Requires the Commissioner, if no manufacturer agrees to manufacture less hazardous products, to provide for the manufacture of the products through the Public Health Service. Allows good manufacturing practice regulations, but prohibits placing burdens on tobacco producers in excess of the burdens placed on other agricultural commodity producers. Mandates annual disclosure to the Secretary of tobacco product ingredients (including added substances and nicotine). Requires ingredient safety assessments and prohibits inclusion of current ingredients with disapproved assessments and new ingredients without approved assessments. Provides for public disclosure. Mandates specified warnings on packaging and in advertising of cigarettes and smokeless tobacco products. Declares that this paragraph does not relieve any person from liability at common law or under State statutory law. Exempts exports from warning requirements. Requires specified use statements on cigarettes and smokeless tobacco describing the product as a nicotine delivery device for persons 18 or older. Allows State and local governments to impose additional controls to limit tobacco use by minors. Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Amends the Occupational Safety and Health Act of 1970 to require the responsible entity for each non-residential public building (regularly entered by at least ten individuals at least one day per week (except portions of a building used as a bar, tobacco merchant, designated smoking hotel room, or prison)) to implement a smoke-free environment policy. Allows designated smoking areas meeting specified requirements. Title IV: Tobacco Market Transition Assistance - Subtitle A: Tobacco Quota Buyout Contracts and Producer Transition Payments - Directs the Secretary of Agriculture to offer to enter into: (1) a buyout contract with the owner of a tobacco basic marketing quota; (2) a producer transition payment contract with producers of quota tobacco that were quota lessees or quota tenants; and (3) a producer nonquota transition payment contract with producers of nonquota tobacco. Requires the contracting quota owners to permanently relinquish the quota and producers (quota and non-quota) to permanently refrain from growing tobacco for which a quota program is in effect. Subtitle B: No Net Cost Tobacco Program - Amends the Agricultural Act of 1949 to extend the termination date of a requirement that producers, purchasers, and importers of tobacco for which price support is available pay a nonrefundable marketing assessment to the Commodity Credit Corporation. Requires that payment amounts be sufficient to cover the costs of the administration of certain tobacco quota and price support programs. Subtitle C: Tobacco Community Empowerment Block Grants - Mandates grants to tobacco States to enable the States to: (1) empower tobacco producers and tobacco manufacturing workers by providing economic alternatives to tobacco; and (2) carry out non-tobacco economic development initiatives in tobacco communities. Title V: Miscellaneous Provisions - Declares that it is the sense of the Senate that: (1) the Congress should increase excise taxes on tobacco products; (2) the tax should be indexed; and (3) the tax should not be deductible.
Bill· SS. 1466 (105th)referred
United States · United States Congress · 8 November 1997
Effective Substance Abuse Treatment Act - Amends the Public Health Service Act to declare that the amendments made by this Act apply to each program that makes awards of Federal financial assistance to prevent or treat substance abuse. Allows, notwithstanding any other provision of law, a religious organization to be an award recipient, make subawards, provide services through vouchers, or accept vouchers for providing services. Makes religious organizations eligible on the same basis as any other nonprofit private organization. Prohibits Federal or State: (1) discrimination against an organization on the basis that the organization has a religious character; and (2) requirements that a religious organization, in order to be a program participant, remove religious art, icons, scripture, or other symbols. Requires a religious organization to arrange for services through an alternative entity if an individual objects to the religious organization. Allows a religious organization to require a beneficiary who has elected to receive services from the organization to actively participate in religious practice, worship, and instruction. Prohibits using funds for sectarian worship or instruction, unless the beneficiary may choose where the assistance is redeemed or allocated. Declares that assistance to or on behalf of a beneficiary is aid to the beneficiary and not to the organization. Requires, if a State law or constitution would prevent the expenditure of State or local funds by religious organizations, that the Federal funds shall be segregated from State or other public funds. Requires, for personnel working in religious organization drug treatment programs, giving credit for religious education and training equivalent to credit given for secular course work. Mandates waiver of educational requirements if the religious organization has a record of successful drug treatment and the State or local government fails to demonstrate empirically that the educational qualifications are necessary.
Bill· SS. 1481 (105th)referred
United States · United States Congress · 8 November 1997
Immunosuppressive Drugs Coverage Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to: (1) eliminate the time limitation on Medicare benefits for immunosuppressive drugs under the Medicare program; (2) continue the entitlement of certain individuals to payments for such drugs after Medicare benefits end; and (3) extend without time limit certain Medicare secondary payer requirements with regard to such drugs for individuals with end stage renal disease.
Bill· SS. 1471 (105th)referred
United States · United States Congress · 8 November 1997
Amends title XIX (Medicaid) of the Social Security Act to declare that any Medicaid-related funds recovered or paid to a State as part of a settlement or judgment reached in litigation the State initiated or pursued against one or more tobacco companies shall not be treated as an overpayment.
Bill· HRH.R. 2960 (105th)referred
United States · United States Congress · 8 November 1997
Responsibility in Managed Care Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to exempt from ERISA preemption of State law certain causes of action for damages for personal or financial injury or wrongful death resulting from failures to provide health care benefits under employee welfare benefit plans providing such benefits.
Bill· HRH.R. 2967 (105th)referred
United States · United States Congress · 8 November 1997
TABLE OF CONTENTS: Title I: Health Insurance Bill of Rights Title II: Application of Bill of Rights Under Various Laws Health Insurance Consumer's Bill of Rights Act of 1997 - Title I: Health Insurance Bill of Rights - Amends the Public Health Service Act to require a managed care group health plan (and a health insurer offering group coverage) to: (1) have a sufficient number and mix of primary care practitioners and specialists throughout the service area; (2) provide specialty care access, standing referrals, access to nonparticipating providers, and access without referrals to professionals trained in obstetrics and gynecology (allowing a professional trained in obstetrics and gynecology to be designated as a primary care practitioner); (3) not (if emergency services are covered) require prior authorization for services for emergencies (defined from the perspective of a prudent layperson); (4) not deny participation in, deny or limit coverage, or discriminate against a qualified enrollee (with a life-threatening or serious illness for which no standard treatment is effective) for participation in clinical trials; (5) provide coverage continuity when coverage is terminated; (6) not restrict medical communications between a health professional and the professional's patient; (7) disclose (if prescription drugs are covered but limited to a formulary) to enrollees the nature of the restrictions and make restriction exceptions when medically necessary or appropriate; (8) comply with certain utilization review requirements, including regarding a complaint and appeals process; (9) have an ongoing quality improvement program; (10) not discriminate on specified bases, including disability, genetic makeup, health status, payer source, or anticipated need for services; (11) ensure confidentiality; (12) provide enrollees and prospective enrollees with a prospectus containing specified information, including qualitative and quantitative information; and (13) not limit the manner in which particular covered services are delivered if medically necessary or appropriate. Title II: Application of Bill of Rights under Various Laws - Requires health insurers to comply with title I of this Act regarding group and individual coverage. Allows States to establish requirements at least as stringent on insurers as the requirements of title I of this Act. Amends the Health Insurance Portability and Accountability Act of 1996 to provide for coordination by the Secretaries of the Treasury, Health and Human Services, and Labor regarding regulations, rulings, and interpretations concerning health insurance provisions of the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code. (Sec. 202) Amends ERISA to require group health plans (and insurers offering group coverage) to comply with title I of this Act. Allows States to establish requirements at least as stringent on insurers as the requirements of title I of this Act. (Sec. 204) Amends title XVIII (Medicare) of the Social Security Act to require each Medicare+Choice organization offering a Medicare+Choice plan described in specified provisions to comply with title I of this Act, except when Medicare requirements are more protective of enrollees. Amends title XIX (Medicaid) of the Social Security Act to allow Medicaid managed care organizations to not comply with Public Health Service Act health insurance requirements when those requirements are less protective of enrollees than Medicaid. Amends Federal law relating to the Federal Employees' Health Benefits Program to require plans offered under that Program to comply with title I of this Act, except when the Program's requirements are more protective of enrollees.
Bill· HRH.R. 2975 (105th)referred
United States · United States Congress · 8 November 1997
TABLE OF CONTENTS: Title I: Organization of Corporation Title II: Business of Corporation Title III: Transition Title IV: Provisions Relating to Government National Mortgage Association and Office of Federal Housing Enterprise Oversight Federal Housing Corporation Charter Act - Title I: Organization of Corporation - Establishes within the Department of Housing and Urban Development the Federal Housing Corporation. Title II: Business of the Corporation - States that the Corporation shall carry out mortgage insurance programs for single family and multifamily housing and health care facilities. Requires the Corporation to comply with public purpose requirements to be established by the Secretary of Housing and Urban Development, which shall include service to underserved homebuyers, areas, and rental markets, and low- and moderate-income families. Title III: Transition - Sets forth transition provisions. Title IV: Provisions Relating to Government National Mortgage Association and Office of Federal Housing Enterprise Oversight - Amends the National Housing Act to include the Corporation within the mortgage authority of the Government National Mortgage Association. Places the Corporation under the regulatory authority of the Director of the Office of Federal Housing Enterprise Oversight.
Bill· HRH.R. 2957 (105th)referred
United States · United States Congress · 8 November 1997
Helicopter Noise Control and Safety Act - Requires the Administrator of the Federal Aviation Administration upon determining independently, or after review of a study submitted by a requester, that helicopter operations pose a public noise and safety risk in a county or municipality with a greater than 500,000 population, to develop and implement a plan, in accordance with specified requirements, to reduce that risk. Authorizes any city, State, local government, agency, or instrumentality, or any person responsible for the operation of a heliport, to submit to the Administrator: (1) a study demonstrating that noise or safety conditions, or both, resulting from helicopter operations pose a risk to the public health and welfare of such a county or municipality; and (2) a plan to reduce the risk. Requires the Administrator to review such a plan and, upon determining that helicopter operations pose such a risk, to make any modifications necessary to conform with this Act. Specifies procedures for public comment and implementation of a plan developed in either manner.
Bill· HRH.R. 2972 (105th)referred
United States · United States Congress · 8 November 1997
ESRD Continuous Quality Improvement Program Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to establish a specified quality improvement (CQI) program under Medicare for providers of services and end stage renal disease (ESRD) dialysis facilities under which outstanding providers and facilities will be rewarded and providers and facilities in need of additional training will receive such training through network administrative organizations (NAOs). Requires the Secretary to: (1) publish in the Federal Register specified ESRD Core Indicators; (2) establish a standard information management system to promote the electronic transfer of data obtained under the CQI Program among providers, facilities, the Secretary, and NAOs; and (3) identify those dialysis facilities and physicians that are two standard deviations above the national norm for a preponderance of ESRD Core Indicators on a case severity adjusted basis for two consecutive reporting periods, and designate them as Medicare Dialysis Providers of Achievement. Requires the Secretary or the appropriate NAO to: (1) notify any facility or physician two deviations below the national norm for a preponderance of ESRD Core Indicators on a case severity adjusted basis for two consecutive reporting periods; and (2) develop strategies to improve services and provide appropriate training in CQI Program processes. Requires providers and facilities to participate in a CQI program in order to receive payment under Medicare. Directs the Secretary to: (1) analyze the financial impact of the establishment of such quality improvement program on ESRD NAOs; and (2) submit to the Congress recommendations appropriate to assist the organizations meeting their responsibilities under such program.
Bill· HRH.R. 2968 (105th)referred
United States · United States Congress · 8 November 1997
Requires, in complying with specified provisions of the Clean Air Act and the Montreal Protocol on Substances that Deplete the Ozone Layer regarding chlorofluorocarbons (CFCs), that any regulations under which the essential use designations may be removed to phase out allowances for drug products require certification to the Congress that alternatives to inhalers are available that, for all user populations, are comparable in safety and effectiveness, therapeutic indications, dosage strength, cost, and retail availability. Requires withdrawal of a specified proposed rulemaking concerning CFCs in metered-dose inhalers. Regulates issuance of another proposal.
Bill· HRH.R. 2962 (105th)referred
United States · United States Congress · 8 November 1997
Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare wrap-around payments to federally qualified health centers and rural health clinics to account for reductions in payments attributable to individuals enrolled with an eligible organization under a risk-sharing contract or a Medicare+Choice organization under Medicare part C (Medicare+Choice).
Bill· HRH.R. 2953 (105th)referred
United States · United States Congress · 8 November 1997
Elder Care Safety Act of 1997 - Declares that a nursing facility (including a skilled nursing facility), home health agency, or hospice program (covered facility) under the Medicare and Medicaid programs of titles XVIII and XIX of the Social Security Act may not: (1) employ an individual as a nurse or home health aide unless the facility has requested from the State nurse and home health aide registry a background check (including a criminal as well as an abusive work history background check); or (2) continue to employ such an individual if the background check report reveals a conviction of a disqualifying crime. Requires the covered facility to report to such registry documented findings of patient abuse by a nurse or home health aide. Imposes civil penalties upon covered facilities that violate such requirements. Requires the Secretary of Health and Human Services to establish methods by which State nurse and home health registries can pool and share criminal background check summaries and documented findings of patient abuse (national registry coordination system). Requires each State to expand its Medicare and Medicaid nurse aide registry in order to carry out such background checks and other related functions, including reporting of summary information to the national registry coordination system. Sets forth procedures for criminal and abusive work history background checks. Directs the Secretary to: (1) establish a patient abuse prevention and training demonstration project; and (2) report to the Congress recommendations on whether minimum nurse and home health aide personnel-to-patient levels should be required to avoid patient abuse and, if so, the levels for different types of covered facilities. Authorizes appropriations.
Bill· HRH.R. 2941 (105th)referred
United States · United States Congress · 8 November 1997
Prohibits construing any Federal-State matching program as preventing a State from requiring, as a condition of providing assistance regarding the dispensing of a prescription drug to a minor, that a parent or guardian of the minor consent to the dispensing. Requires that these programs be considered Federal-State matching programs: (1) title XIX (Medicaid) of the Social Security Act; (2) title X (Population Research and Voluntary Family Planning Programs) of the Public Health Service Act; (3) title XX (Block Grants to States for Social Services) of the Social Security Act; and (4) part A (Temporary Assistance for Needy Families)(TANF) of title IV of the Social Security Act.
Bill· HRH.R. 2938 (105th)referred
United States · United States Congress · 8 November 1997
Amends title XIX (Medicaid) of the Social Security Act to declare that any Medicaid-related funds recovered or paid to a State as part of a settlement or judgment reached in litigation the State initiated or pursued against one or more tobacco companies shall not be treated as an overpayment.
Bill· SS. 1415 (105th)reported
United States · United States Congress · 7 November 1997
TABLE OF CONTENTS: Title I: Regulation of the Tobacco Industry Subtitle A: Restriction on Marketing and Advertising Subtitle B: Warnings, Labeling and Packaging Subtitle C: Restriction on Access to Tobacco Products Subtitle D: Licensing of Retail Tobacco Sellers Subtitle E: Regulation of Tobacco Product Development and Manufacturing Subtitle F: Compliance Plans and Corporate Culture Title II: Reduction in Underage Tobacco Use Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title IV: Public Health and Other Programs Subtitle A: Public Health Block Grant Program Subtitle B: Other Programs Title V: Consent Decrees, Non-Participating Manufacturers, and State Enforcement Subtitle A: Consent Decrees and Non-Participating Manufacturers Subtitle B: State Enforcement Title VI: Provisions Relating to Tobacco-Related Civil Actions Title VII: Public Disclosure of Health Research Title VIII: Assistance to Tobacco Growers and Communities Subtitle A: Tobacco Community Revitalization Trust Fund Subtitle B: Agricultural Market Transition Assistance Subtitle C: Farmer and Worker Transition Assistance Subtitle D: Immunity Title IX: Effective Dates and Other Provisions Universal Tobacco Settlement Act - Title I: Regulation of the Tobacco Industry - Subtitle A: Restriction on Marketing and Advertising - Prohibits tobacco product (including smoke and smokeless products) advertising: (1) outdoors; (2) in any arena or stadium where athletic, musical, artistic, or other social or cultural activities occur; (3) using a human image or cartoon character; and (4) subject to exception, using the Internet or at the point of sale. (Sec. 102) Prohibits using a trade or brand name of a nontobacco product for a cigarette or smokeless product unless the name was on both products before 1995. Specifies the media and locations in which advertising is allowed and requires prior notification to the Commissioner of Food and Drugs describing the medium and the extent to which the advertising or labeling may be seen by individuals under 18 years old. Prohibits paid product placement in television programs, motion pictures, or video games. Prohibits direct or indirect payments to promote tobacco product image or use through print or film media that appeals to individuals under 18 years old or through a live performance that appeals to those individuals. (Sec. 103) Sets forth format and content requirements for labeling and advertising. (Sec. 104) Requires advertisers to include the product's established name and a statement of intended use. (Sec. 105) Prohibits: (1) selling any item (other than tobacco products) or service bearing a brand name or any other indicia of product identification similar to those used for tobacco products; (2) any gift to tobacco purchasers; and (3) sponsorship (except under the corporate name) of any athletic, musical, artistic, or other social or cultural event, entry, or team in which any indicia of product identification similar to those used for tobacco products is used. Requires a product whose label bears a description such as "light" or "low tar" to state that the product has not been shown to be less hazardous than another product of that type. Subtitle B: Warnings, Labeling, and Packaging - Mandates certain warning statements for cigarette and smokeless tobacco packages and advertising. (Sec. 114) Considers violations to be a violation of the Federal Trade Commission Act and mandates a monetary penalty. (Sec. 115) Prohibits any Federal agency or any State or local statute or regulation requiring any other statements. (Sec. 116) Mandates a biennial report by the Secretary of Health and Human Services to the Congress on tobacco and health education, tobacco use, health effects, and appropriate further research. Requires a biennial report by the Federal Trade Commission on tobacco sales, advertising, and marketing practices. (Sec. 117) Exempts exports (except for the U.S. armed forces) from this subtitle. (Sec. 118) Repeals the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986. Subtitle C: Restriction on Access to Tobacco Products - Prohibits retailers from distributing a tobacco product to any individual under 18 years old. Requires, subject to exception, face-to-face exchange. Prohibits out-of-package distribution. (Sec. 122) Sets a minimum package size of 20 cigarettes. Prohibits distribution of tobacco products as free samples or, subject to exception, through a vending machine or self-service display. Subtitle D: Licensing of Retail Tobacco Sellers - Mandates a program requiring a State or local license to sell or otherwise distribute tobacco products to consumers. Requires States, in order to receive block grants under specified provisions of this Act, to have laws meeting the standards of this subtitle. (Sec. 132) Requires a separate license for each place of business. Allows an annual licensing fee. (Sec. 133) Establishes criminal penalties for distribution without a license and civil penalties for licensing violations. (Sec. 134) Mandates a Federal licensing program applicable to any Federal entity or on any Federal property. Treats an Indian tribe as a State in applying this subtitle. Subtitle E: Regulation of Tobacco Product Development and Manufacturing - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to include tobacco products in the definitions of "drug" and "device" (designating them a class II device) and exclude them from the definition of "new drug." Adds other definitions related to tobacco. (Sec. 143) Creates a new FDCA title on tobacco products. Mandates tobacco product regulations, but prohibits a regulation that prohibits the sale and distribution of a tobacco product solely on the basis that tobacco causes disease. Mandates tobacco performance standards, including provisions to require product modification to minimize illness or injury resulting from use, including the components that produce dependence. Prohibits the standards from: (1) except as provided below, requiring the elimination of nicotine from tobacco products; or (2) having the effect of prohibiting the sale and distribution, to individuals over age 18, of traditional tobacco products. Establishes the Scientific Advisory Committee to assist in establishing, amending, or revoking a performance standard. Allows a standard that involves the gradual reduction of nicotine and the reduction or elimination of other constituents or harmful components. Sets a limit on the amount of tar. Prohibits a standard eliminating nicotine until 12 years after enactment of this Act, allowing elimination after that if certain requirements are met. Mandates regulations for the testing, reporting, and disclosure of certain smoke constituents. Allows requiring label and advertising disclosures. Deems tobacco products misbranded if there are claims of reduced health risk, unless proven by scientific evidence. Requires a manufacturer to: (1) notify the Commissioner of any technology that would reduce risk; and (2) permit licensing of the technology to other manufacturers. Provides for licensing fees. Allows the Commissioner, upon determining that the manufacture of a less hazardous product is feasible, to require manufacturers having such a technology to either manufacture the less hazardous products or license the technology's use by other manufacturers. Requires the Commissioner, if no manufacturer agrees to manufacture less hazardous products, to provide for the manufacture of the products through the Public Health Service. Allows good manufacturing practice regulations, but prohibits placing burdens on tobacco producers in excess of the burdens placed on other agricultural commodity producers. Mandates: (1) disclosures to the Secretary of nontobacco substances; (2) manufacturer's safety assessments for each substance; and (3) regulations prohibiting substances if no safety assessment is submitted or the Secretary disapproves of its safety. Regulates public disclosure. Declares inapplicable to tobacco products FDCA provisions regarding: (1)drugs and devices that endanger health when used as directed; (2) banned devices; (3) notification and other remedies; and (4) control of devices intended for human use. Subtitle F: Compliance Plans and Corporate Culture - Requires manufacturers to: (1) submit annually a plan to ensure compliance with Federal, State, and local tobacco laws; and (2) have compliance programs. (Sec. 153) Prohibits reprisals against employee whistleblowers, authorizing enforcement through civil actions. (Sec. 154) Regulates actions of lobbyists for tobacco product manufacturers, distributors, and retailers. (Sec. 155) Requires tobacco manufacturers, distributors, and retailers to terminate the Tobacco Institute and the Council for Tobacco Research, U.S.A. Regulates the trade or industry organizations that tobacco product manufacturers, distributors, and retailers may form or participate in. (Sec. 156) Authorizes a civil monetary penalty against manufacturers for violations of this subtitle. Title II: Reduction in Underage Tobacco Use - Provides for the determination of the underage use base percentages for cigarettes and smokeless tobacco. (Sec. 203) Directs the Secretary to: (1) annually determine the average annual incidence of daily tobacco product use by individuals under 18; and (2) determine whether specified percentage reductions have been achieved. (Sec. 205) Mandates a surcharge on manufacturers if the reduction has not been achieved. Makes the surcharge a joint and several obligation of all manufacturers as allocated by their market share. Allows abatement petitions. Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Requires that public facilities implement a smoke-free environment policy meeting specified requirements. (Sec. 303) Allows any aggrieved person or any State or local governmental agency to bring an enforcement action. (Sec. 304) Declares that this title does not preempt any Federal, State, or local law providing protection from environmental tobacco smoke. Title IV: Public Health and Other Programs - Subtitle A: Public Health Block Grant Program - Establishes the Public Health Trust Fund and appropriates and transfers certain funds to it, making the Fund available for block grants. (Sec. 402) Mandates block grants to States (and, in some circumstances, to Indian tribes) to: (1) reimburse States for expenses under title XIX (Medicaid) of the Social Security Act for treatment of tobacco-related conditions; (2) reimburse States for other expenses relating to treatment for tobacco-related conditions; (3) provide health coverage for uninsured individuals under 18; (4) establish a State tobacco products liability judgments and settlement fund; and (5) reimburse States for tobacco licensure expenses. Prohibits using the amounts for projects not approved by the Secretary. Requires each State to establish a fund to make payments to individuals who have obtained a judgment or settlement in a tobacco-related action in the amount of any award that represents punitive damages. (Sec. 405) Mandates withholding funds from States that do not use their allotments in accordance with this subtitle. Subtitle B: Other Programs - Establishes the National Smoking Cessation Program of smoking cessation grants to entities (to administer programs) and individuals (to enroll in a program or purchase a cessation device). (Sec. 412) Establishes the National Reduction in Tobacco Usage Program of grants. (Sec. 413) Establishes the Tobacco-Free Education Board and the National Tobacco-Free Public Education Program, authorizing contracts and grants. (Sec. 414) Establishes the National Event Sponsorship Program, the National Community Action Program, and the National Cessation Research Program, authorizing grants for each program. Title V: Consent Decrees, Non-Participating Manufacturers, and State Enforcement - Subtitle A: Consent Decrees and Non-Participating Manufacturers - Requires a State and a tobacco manufacturer, in order for either to receive payments under certain provisions of this Act, to enter into consent decrees under this section. Requires that the decrees contain terms and conditions to clarify the application and requirements of this Act, including manufacturer interaction only with distributors and retailers operating in compliance with Federal, State, and local laws, and waiver of Federal and State constitutional claims. Requires, for validity, decree approval by the Secretary. Allows a State to bring an action for an injunction only (not for criminal or monetary sanctions). Directs the Secretary to promulgate regulations to ensure the consistency of State court ruling regarding conduct under a consent decree that is not exclusively local. (Sec. 512) Requires manufacturers to enter into a National Tobacco Control Protocol developed by the Secretary as a binding contract embodying this Act, designed to be enforceable in Federal or State courts. (Sec. 513) Prohibits a manufacturer that elects not to enter into a consent decree from receiving liability protections under certain provisions of this Act. Imposes an annual fee on non-participating manufacturers. Requires non-participating manufacturers to make an annual escrow fund deposit to cover liability payments. Allows recovery of any remaining amounts and interest 35 years after the escrow fund is established. Subtitle B: State Enforcement - Prohibits payments to States under title IV unless State law makes it unlawful to distribute tobacco products to individuals under 18 and for such individuals to receive or use tobacco in a public place. Mandates a certain number of monthly inspections. (Sec. 522) Requires States to report annually on tobacco use reduction. (Sec. 523) Presumes that a State has not pursued all reasonably available enforcement measures if retail compliance inspections do not show specified compliance percentages by certain times. Authorizes the Secretary to reduce payments to States if the deadlines are not reached. Title VI: Provisions Relating to Tobacco-Related Civil Actions - Terminates, for any manufacturer, distributor, or retailer that is a Protocol signatory, civil actions (commenced by a State or local governmental entity) and class actions when either type of action arises from tobacco product use. Terminates, for signatories, civil actions based on addiction or dependence on a tobacco product. Grants signatories immunity from all three types of actions. Preserves all personal injury claims arising from tobacco product use by an individual. (Sec. 602) Regulates authorized actions relating to conduct before the effective date of this Act, including punitive damages, resolution of cases other than on the basis of individual actions, sharing of liability, severing of actions involving both signatories and nonsignatories, permissible parties, removals, discovery, caps on settlements, and defense costs. (Sec. 603) Regulates actions relating to conduct after enactment of this Act. (Sec. 604) Makes this title inapplicable to nonsignatories. Title VII: Public Disclosure of Health Research - Requires manufacturers of tobacco products, in order to be eligible to receive certain protections of this Act, acting in conjunction with the Tobacco Institute and the Council for Tobacco Research, U.S.A. (prior to their termination), to establish a National Tobacco Document Depository. Requires the Depository to be open to the public regarding manufacturers' corporate records and research concerning smoking and health, addiction or nicotine dependency, safer or less hazardous cigarettes, and underage tobacco use and marketing. Specifies required Depository contents. Requires the Judicial Conference of the United States to establish a Tobacco Documents Dispute Resolution Panel to resolve all claims of attorney-client, work product, or trade secrets privilege. Title VIII: Assistance to Tobacco Growers and Communities - Long-Term Economic Assistance for Farmers Act or the LEAF Act - Subtitle A: Tobacco Community Revitalization Trust Fund - Establishes in the Treasury the Tobacco Community Revitalization Trust Fund to be used for: (1) payments for lost tobacco quota revenue; (2) industry payments for Department of Agriculture tobacco-related costs; (3) tobacco community development grants; (4) tobacco worker transition assistance; and (5) education opportunity grants. (Sec. 812) Sets forth tobacco manufacturer and importer Fund assessment provisions. Subtitle B: Agricultural Market Transition Assistance - Directs the Secretary of Agriculture to make payments to: (1) eligible tobacco quota holders, lessees, and tenants for lost tobacco quota resulting from decreased domestic tobacco production; (2) reimburse the Department for tobacco program-related costs; and (3) States for tobacco community economic development grants. (Sec. 824) Amends the Agricultural Adjustment Act of 1938 to provide for referenda on proposed tobacco quota changes within a State. Amends the Agricultural Act of 1949 to eliminate the tobacco producer, purchaser, or importer marketing assessment. Makes a conforming amendment to the Uruguay Round Agreements Act. Subtitle C: Farmer and Worker Transition Assistance - Sets forth group eligibility requirements under the tobacco worker transition program. Authorizes through a certain date the use of specified Fund amounts for such program. (Sec. 832) Amends the Higher Education Act of 1965 to authorize through a certain date a higher education farmer opportunity grant program for qualifying tobacco farm families. Subtitle D: Immunity - Grants tobacco producers, growers associations, or warehouse owners and employees immunity from any action resulting from a tobacco product manufacturer's, distributor's, or retailer's noncompliance with national tobacco settlement legislation. Title IX: Effective Dates and Other Provisions - Declares that this Act applies to the manufacture, distribution, and sale of tobacco products in Indian country and to Indian tribes. Provides for the treatment of tribes under various provisions of this Act. Mandates regulations applying the FDCA to Indian country. (Sec. 903) Allows State and local governments, to the extent not inconsistent with this Act, to impose additional tobacco product control measures to further limit use by minors, but prohibits States from imposing: (1) enforcement requirements conflicting with title VI of this Act; and (2) subject to exception, requirements regarding this Act's application to Indian tribes.
Bill· SS. 1401 (105th)open
United States · United States Congress · 7 November 1997
TABLE OF CONTENTS: Title I: Retail Competition Title II: Public Utility Holding Companies Title III: Public Utility Regulatory Policies Act Title IV: Environmental Protection Title V: Bonneville Power Administration Title VI: Tennessee Valley Authority Transition to Electric Competition Act of 1997 - Amends the National Historic Preservation Act of 1966 to require Federal agencies to which a historic light station is conveyed to maintain such light station in accordance with such Act, Historic Preservation Standards, and other applicable laws. (Sec. 5) Authorizes any aggrieved person to bring an action in the appropriate Federal district court to enforce the requirements of this Act against any non-complying individual, corporation, or other retail electric energy supplier or provider. Title I: Retail Competition - Sets January 1, 2002, as the date from which: (1) each consumer shall have the right to purchase retail electric energy from any offeror; and (2) all sellers of such energy shall have reasonable and nondiscriminatory access, on an unbundled basis, to the local distribution and retail transmission facilities of retail electric energy providers and all ancillary services. (Sec. 103) Permits State authorities to implement the program before such dateline. Sets forth guidelines for: (1) State regulatory authority; (2) recovery of stranded costs by a retail or wholesale electric energy provider and nonregulated utilities; (3) recovery of lost retail benefits; and (4) universal service for specified consumers. (Sec. 110) Sets forth a statutory framework for retail electric energy suppliers to comply with Renewable Energy Credit requirements. Directs the Administrator of the Bonneville Power Administration (BPA) to use proceeds from the sale of such Credits to repay outstanding debt to the Treasury and bondholders of securities backed by the BPA. Sets forth a termination date for such Credit program. (Sec. 111) Prescribes procedural guidelines to determine the appropriate State or Federal jurisdiction over local distribution facilities. (Sec. 112) Directs the Federal Energy Regulatory Commission (FERC) to establish the broadest feasible transmission regions and designate an Independent System Operator to manage and operate it in each region beginning on January 1, 2002. (Sec. 113) Amends the Federal Power Act to: (1) prohibit a public utility from acquiring the facilities or securities of a natural gas utility company unless FERC finds such acquisition is in the public interest; and (2) authorize FERC to require the divestiture of generating or transmission facilities, among other specified actions, in order to prohibit a retail electric energy supplier or provider from using its ownership or control of resources to maintain a situation inconsistent with effective competition among retail and wholesale electric suppliers. (Sec. 114) Requires retail and wholesale electric energy suppliers and providers owning nuclear generating units before the enactment of this Act to recover from their customers all reasonable nuclear decommissioning costs pursuant to a non-bypassable charge imposed on all consumers located in the service territories purchasing power, or that had purchased power, from such nuclear generating units. (Sec. 115) Requires FERC to ensure by a specified deadline that each retail electric energy supplier discloses to the public the types of fuel used to generate the electricity the supplier sells, including the percentage of electric energy generated by each fuel type. (Sec. 116) Declares this title inapplicable to any person located in the States of Alaska and Hawaii regarding any activity or transaction occurring there. Title II: Public Utility Holding Companies - Repeals the Public Utility Holding Company Act of 1935, except with respect to: (1) the United States; (2) a State or local government; (3) any foreign governmental authority not operating in the United States; (4) any agency, authority, or instrumentality of any of the foregoing; or (5) any officer, agent, or employee of any of the foregoing acting as such in the course of his official duty. (Sec. 203) Retains Federal and State access to books and records of public utility holding companies and their associate companies. (Sec. 205) Empowers FERC and State regulatory bodies to determine whether a public utility company may recover in rates any costs of goods and services acquired from an associate company after a specified date. Authorizes a State regulatory body to examine the prudence of interaffiliate power transactions among public utilities. Title III: Public Utility Regulatory Policies Act - Declares the Public Utility Regulatory Policies Act of 1978 governing cogeneration and small power production inapplicable to public utility facilities beginning commercial operations after the enactment of this Act. States that no public utility shall be required to enter into a new contract or obligation to purchase or sell electric energy after the effective date of this title or, if earlier, the date on which retail electric competition is implemented in all of its service territories. Title IV: Environmental Protection - Instructs the Environmental Protection Agency to report to the Congress on the implications of differences in air pollution emissions standards for wholesale and retail electric generation competition and for public health and the environment. Title V: Bonneville Power Administration - Places BPA transmission services under FERC rules on nondiscriminatory open access to transmission services provided by public utilities. (Sec. 504) Requires FERC to adopt a transition cost recovery mechanism if BPA proposes a charge to recover transition costs resulting from Federal law or a certain FERC Order. (Sec. 505) Authorizes the BPA Administrator to participate in a FERC-regulated Independent System Operator. (Sec. 506) Precludes BPA's financial obligations under this Act from being interpreted or implemented in a manner that adversely affects third-party financing arrangements of the Washington Public Power Supply System. (Sec. 507) Prohibits the BPA Administrator from marketing, selling or disposing of electric power to end use or retail customers with whom no sales contract existed as of October 1997. (Sec. 509) Amends the Federal Columbia River Transmission System Act to repeal the mandate that the BPA Administrator make available to all utilities on a nondiscriminatory basis any capacity in the Federal transmission system determined to exceed the capacity required to transmit electric power generated or acquired by the United States. Title VI: Tennessee Valley Authority - Sets a date from which: (1) all electric energy suppliers shall have the right to sell retail and wholesale electric energy to persons currently purchasing such energy directly or indirectly from the Tennessee Valley Authority (TVA); (2) TVA may sell wholesale electric energy to any person; (3) TVA wholesale power customers may sell such power to any person; and (4) customers may terminate their contracts to purchase TVA power. (Sec. 604) Requires the TVA Board of Directors to: (1) establish and periodically review TVA energy sales and transmission rates, subject to FERC review; and (2) study and report to the Congress on TVA privatization.
Bill· SS. 1414 (105th)open
United States · United States Congress · 7 November 1997
TABLE OF CONTENTS: Title I: Regulation of the Tobacco Industry Subtitle A: Restriction on Marketing and Advertising Subtitle B: Warnings, Labeling and Packaging Subtitle C: Restriction on Access to Tobacco Products Subtitle D: Licensing of Retail Tobacco Sellers Subtitle E: Regulation of Tobacco Product Development and Manufacturing Subtitle F: Compliance Plans and Corporate Culture Title II: Reduction in Underage Tobacco Use Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title IV: National Tobacco Settlement Trust Fund Title V: Public Health and Other Programs Subtitle A: Public Health Block Grant Program Subtitle B: Other Programs Title VI: Consent Decrees, Non-Participating Manufacturers, and State Enforcement Subtitle A: Consent Decrees and Non-Participating Manufacturers Subtitle B: State Enforcement Title VII: Provisions Relating to Tobacco-Related Civil Actions Title VIII: Public Disclosure of Health Research Title IX: Assistance to Tobacco Growers and Communities Subtitle A: Tobacco Community Revitalization Trust Fund Subtitle B: Agricultural Market Transition Assistance Subtitle C: Farmer and Worker Transition Assistance Subtitle D: Immunity Title X: Effective Dates and Other Provisions Universal Tobacco Settlement Act - Title I: Regulation of the Tobacco Industry - Subtitle A: Restriction on Marketing and Advertising - Prohibits tobacco product (including smoke and smokeless products) advertising: (1) outdoors; (2) in any arena or stadium where athletic, musical, artistic, or other social or cultural activities occur; (3) using a human image or cartoon character; and (4) subject to exception, using the Internet or at the point of sale. (Sec. 102) Prohibits using a trade or brand name of a nontobacco product for a cigarette or smokeless product unless the name was on both products before 1995. Specifies the media and locations in which advertising is allowed and requires prior notification to the Commissioner of Food and Drugs describing the medium and the extent to which the advertising or labeling may be seen by individuals under 18 years old. Prohibits paid product placement in television programs, motion pictures, or video games. Prohibits direct or indirect payments to promote tobacco product image or use through print or film media that appeals to individuals under 18 years old or through a live performance that appeals to those individuals. (Sec. 103) Sets forth format and content requirements for labeling and advertising. (Sec. 104) Requires advertisers to include the product's established name and a statement of intended use. (Sec. 105) Prohibits: (1) selling any item (other than tobacco products) or service bearing a brand name or any other indicia of product identification similar to those used for tobacco products; (2) any gift to tobacco purchasers; and (3) sponsorship (except under the corporate name) of any athletic, musical, artistic, or other social or cultural event, entry, or team in which any indicia of product identification similar to those used for tobacco products is used. Requires a product whose label bears a description such as "light" or "low tar" to state that the product has not been shown to be less hazardous than another product of that type. Subtitle B: Warnings, Labeling, and Packaging - Mandates certain warning statements for cigarette and smokeless tobacco packages and advertising. (Sec. 114) Considers violations to be a violation of the Federal Trade Commission Act and mandates a monetary penalty. (Sec. 115) Prohibits any Federal agency or any State or local statute or regulation requiring any other statements. (Sec. 116) Mandates a biennial report by the Secretary of Health and Human Services to the Congress on tobacco and health education, tobacco use, health effects, and appropriate further research. Requires a biennial report by the Federal Trade Commission on tobacco sales, advertising, and marketing practices. (Sec. 117) Exempts exports (except for the U.S. armed forces) from this subtitle. (Sec. 118) Repeals the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986. Subtitle C: Restriction on Access to Tobacco Products - Prohibits retailers from distributing a tobacco product to any individual under 18 years old. Requires, subject to exception, face-to-face exchange. Prohibits out-of-package distribution. (Sec. 122) Sets a minimum package size of 20 cigarettes. Prohibits distribution of tobacco products as free samples or, subject to exception, through a vending machine or self-service display. Subtitle D: Licensing of Retail Tobacco Sellers - Mandates a program requiring a State or local license to sell or otherwise distribute tobacco products to consumers. Requires States, in order to receive block grants under specified provisions of this Act, to have laws meeting the standards of this subtitle. (Sec. 132) Requires a separate license for each place of business. Allows an annual licensing fee. (Sec. 133) Establishes criminal penalties for distribution without a license and civil penalties for licensing violations. (Sec. 134) Mandates a Federal licensing program applicable to any Federal entity or on any Federal property. Treats an Indian tribe as a State in applying this subtitle. Subtitle E: Regulation of Tobacco Product Development and Manufacturing - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to include tobacco products in the definitions of "drug" and "device" (designating each a class II device) and exclude each from the definition of "new drug." Adds other definitions related to tobacco. (Sec. 143) Creates a new FDCA title on tobacco products. Mandates tobacco product regulations, but prohibits a regulation that prohibits the sale and distribution of a tobacco product solely on the basis that tobacco causes disease. Mandates tobacco performance standards, including provisions to require product modification to minimize illness or injury resulting from use, including the components that produce dependence. Prohibits the standards from: (1) except as provided below, requiring the elimination of nicotine from tobacco products; or (2) having the effect of prohibiting the sale and distribution, to individuals over age 18, of traditional tobacco products. Establishes the Scientific Advisory Committee to assist in establishing, amending, or revoking a performance standard. Allows a standard that involves the gradual reduction of nicotine and the reduction or elimination of other constituents or harmful components. Sets a limit on the amount of tar. Prohibits a standard eliminating nicotine until 12 years after enactment of this Act, allowing elimination after then if certain requirements are met. Mandates regulations for the testing, reporting, and disclosure of certain smoke constituents. Allows requiring label and advertising disclosures. Deems tobacco products misbranded if there are claims of reduced health risk, unless proven by scientific evidence. Requires a manufacturer to: (1) notify the Commissioner of any technology that would reduce risk; and (2) permit licensing of the technology to other manufacturers. Provides for licensing fees. Allows the Commissioner, on determining that the manufacture of a less hazardous product is feasible, to require manufacturers having such a technology to either manufacture the less hazardous products or license the technology's use by other manufacturers. Requires the Commissioner, if no manufacturer agrees to manufacture less hazardous products, to provide for the manufacture of the products through the Public Health Service. Allows good manufacturing practice regulations, but prohibits placing burdens on tobacco producers in excess of the burdens placed on other agricultural commodity producers. Mandates: (1) disclosures to the Secretary of nontobacco substances; (2) manufacturer's safety assessments for each substance; and (3) regulations prohibiting substances if no safety assessment is submitted or the Secretary disapproves of its safety. Regulates public disclosure. Declares inapplicable to tobacco products FDCA provisions regarding: (1) drugs and devices that endanger health when used as directed; (2) banned devices, (3) notification and other remedies; and (4) control of devices intended for human use. Subtitle F: Compliance Plans and Corporate Culture - Requires manufacturers to: (1) submit annually a plan to ensure compliance with Federal, State, and local tobacco laws; and (2) have compliance programs. (Sec. 153) Prohibits reprisals against employee whistleblowers, authorizing enforcement through civil actions. (Sec. 154) Regulates actions of lobbyists for tobacco product manufacturers, distributors, and retailers. (Sec. 155) Requires tobacco manufacturers, distributors, and retailers to terminate the Tobacco Institute and the Council for Tobacco Research, U.S.A. Regulates the trade or industry organizations tobacco product manufacturers, distributors, and retailers may form or participate in. (Sec. 156) Authorizes a civil monetary penalty against manufacturers for violations of this subtitle. Title II: Reduction in Underage Tobacco Use - Provides for the determination of the underage use base percentages for cigarettes and smokeless tobacco. (Sec. 203) Directs the Secretary to: (1) annually determine the average annual incidence of daily tobacco product use by individuals under 18; and (2) determine whether specified percentage reductions have been achieved. (Sec. 205) Mandates a surcharge on manufacturers if the reduction has not been achieved. Makes the surcharge a joint and several obligation of all manufacturers as allocated by their market share. Allows abatement petitions. Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Requires that public facilities implement a smoke-free environment policy meeting specified requirements. (Sec. 303) Allows any aggrieved person or any State or local governmental agency to bring an enforcement action. (Sec. 304) Declares that this title does not preempt any Federal, State, or local law providing protection from environmental tobacco smoke. Title IV: National Tobacco Settlement Trust Fund - Establishes the National Tobacco Settlement Trust Fund. Transfers to the Fund surcharges under section 205, payments under section 402, and fines and penalties under section 403. Authorizes appropriations to the Fund, as repayable advances, as necessary to carry out title V and for Food and Drug Administration costs incurred in implementing and enforcing requirements relating to tobacco products. (Sec. 402) Requires each Protocol signatory (see section 612) to make payments to the Fund on enactment of this Act and annually over 25 years. Provides for amount calculations. Requires payors to annually adjust tobacco product prices to reflect the payments. Makes payments ordinary and necessary business expenses for purposes of certain Internal Revenue Code provisions and declares them deductible in the year paid. (Sec. 403) Imposes a penalty on the failure of a signatory to make any required payment. Title V: Public Health and Other Programs - Subtitle A: Public Health Block Grant Program - Establishes the Public Health Trust Fund and appropriates and transfers certain funds to it, making the Fund available for block grants. (Sec. 502) Mandates block grants to States (and, in some circumstances, to Indian tribes) to: (1) reimburse States for expenses under title XIX (Medicaid) of the Social Security Act for treatment of tobacco-related conditions; (2) reimburse States for treatment for tobacco-related conditions; (3) provide health coverage for uninsured individuals under 18; (4) establish a State tobacco products liability judgments and settlement fund; and (5) reimburse States for tobacco licensure expenses. Prohibits using the amounts for projects not approved by the Secretary. Requires each State to establish a fund to make payments to individuals who have obtained a judgment or settlement in a tobacco-related action of the amount of any award that represents punitive damages. (Sec. 505) Mandates withholding funds from States that do not use their allotments in accordance with this subtitle. Subtitle B: Other Programs - Establishes the National Smoking Cessation Program of smoking cessation grants to entities (to administer programs) and individuals (to enroll in a program or purchase a cessation device). (Sec. 512) Establishes the National Reduction in Tobacco Usage Program of grants. (Sec. 513) Establishes the Tobacco-Free Education Board and the National Tobacco-Free Public Education Program, authorizing contracts and grants. (Sec. 514) Establishes the National Event Sponsorship Program, the National Community Action Program, and the National Cessation Research Program, authorizing grants for each program. Title VI: Consent Decrees, Non-Participating Manufacturers, and State Enforcement - Subtitle A: Consent Decrees and Non-Participating Manufacturers - (Sec. 511) Requires a State and a tobacco manufacturer, in order for either to receive payments under certain provisions of this Act, to enter into consent decrees under this section. Requires that the decrees contain terms and conditions to clarify the application and requirements of this Act, including regarding manufacturer interaction only with distributors and retailers operating in compliance with Federal, State, and local laws, and waiver of Federal and State constitutional claims. Requires, for validity, decree approval by the Secretary. Allows a State to bring an action for an injunction only (not for criminal or monetary sanctions). Directs the Secretary to promulgate regulations to ensure the consistency of State court ruling regarding conduct under a consent decree that is not exclusively local. (Sec. 612) Requires manufacturers to enter into a National Tobacco Control Protocol developed by the Secretary as a binding contract embodying this Act, designed to be enforceable in Federal or State courts. (Sec. 613) Prohibits a manufacturer that elects not to enter into a consent decree from receiving liability protections under certain provisions of this Act. Imposes an annual fee on non-participating manufacturers. Requires non-participating manufacturers to make an annual escrow fund deposit to cover liability payments. Allows recovery of any remaining amounts and interest 35 years after the escrow fund is established. Subtitle B: State Enforcement - Prohibits payments to States under title IV unless State law makes it unlawful to distribute tobacco products to individuals under 18 and for such individuals to receive or use tobacco in a public place. Mandates a certain number of monthly inspections. (Sec. 622) Requires States to report annually on tobacco use reduction. (Sec. 623) Presumes a State has not pursued all reasonably available enforcement measures if retail compliance inspections do not show specified compliance percentages by certain times. Authorizes the Secretary to reduce payments to States if the deadlines are not reached. Title VII: Provisions Relating to Tobacco-Related Civil Actions - Terminates, for any manufacturer, distributor, or retailer that is a Protocol signatory, civil actions (commenced by a State or local governmental entity) and class actions when either type of action arises from tobacco product use. Terminates, for signatories, civil actions based on addiction or dependence on a tobacco product. Grants signatories immunity from all three types of actions. Preserves all personal injury claims arising from tobacco product use by an individual. (Sec. 702) Regulates allowed actions relating to conduct before the effective date of this Act, including regarding punitive damages, resolution of cases other than on the basis of individual actions, sharing of liability, severing of actions involving both signatories and nonsignatories, permissible parties, removals, discovery, caps on settlements, and defense costs. (Sec. 703) Regulates actions relating to conduct after enactment of this Act. (Sec. 704) Makes this title inapplicable to nonsignatories. Title VIII: Public Disclosure of Health Research - Requires manufacturers of tobacco products, in order to be eligible to receive certain protections of this Act, acting in conjunction with the Tobacco Institute and the Council for Tobacco Research, U.S.A. (prior to their termination), to establish a National Tobacco Document Depository. Requires the Depository to be open to the public regarding manufacturers' corporate records and research concerning smoking and health, addiction or nicotine dependency, safer or less hazardous cigarettes, and underage tobacco use and marketing. Specifies required Depository contents. Requires the Judicial Conference of the United States to establish a Tobacco Documents Dispute Resolution Panel to resolve all claims of attorney-client, work product, or trade secrets privilege. Title IX: Assistance to Tobacco Growers and Communities - Long-Term Economic Assistance for Farmers Act or the Leaf Act - Subtitle A: Tobacco Community Revitalization Trust Fund - Establishes in the Treasury the Tobacco Community Revitalization Trust Fund to be used for: (1) payments for lost tobacco quota revenue; (2) industry payments for Department of Agriculture tobacco-related costs; (3) tobacco community development grants; (4) tobacco worker transition assistance; and (5) education opportunity grants. (Sec. 912) Sets forth tobacco manufacturer and importer Fund assessment provisions. Subtitle B: Agricultural Market Transition Assistance - Directs the Secretary of Agriculture to make payments to: (1) eligible tobacco quota holders, lessees, and tenants for lost tobacco quota resulting from decreased domestic tobacco production; (2) reimburse the Department for tobacco program-related costs; and (3) States for tobacco community economic development grants. (Sec. 924) Amends the Agricultural Adjustment Act of 1938 to provide for referenda on proposed tobacco quota changes within a State. Amends the Agricultural Act of 1949 to eliminate the tobacco producer, purchaser, or importer marketing assessment. Makes a conforming amendment to the Uruguay Round Agreements Act. Subtitle C: Farmer and Worker Transition Assistance - Sets forth group eligibility requirements under the tobacco worker transition program. Authorizes through a certain date the use of specified Fund amounts for such program. (Sec. 932) Amends the Higher Education Act of 1965 to authorize through a certain date a higher education farmer opportunity grant program for qualifying tobacco farm families. Subtitle D: Immunity - Grants tobacco producers, growers associations, or warehouse owners and employees immunity from any action resulting from a tobacco product manufacturer's, distributor's, or retailer's noncompliance with national tobacco settlement legislation. Title X: Effective Dates and Other Provisions - Declares that this Act applies to the manufacture, distribution, and sale of tobacco products in Indian country and to Indian tribes. Provides for the treatment of tribes under various provisions of this Act. Mandates regulations applying the Federal Food, Drug, and Cosmetic Act to Indian country. (Sec. 1003) Allows State and local governments, to the extent not inconsistent with the purposes of this Act, to impose additional tobacco product control measures to further limit use by minors, but prohibits States from imposing: (1) enforcement requirements conflicting with title VI of this Act; and (2) subject to exception, requirements regarding this Act's application to Indian tribes.
Bill· SS. 1402 (105th)referred
United States · United States Congress · 7 November 1997
Alaskan Community Health Aide Program Expansion Act of 1997 - Amends part A (General Provisions) of title XI of the Social Security Act to direct the Secretary of Health and Human Services to establish an Alaskan Community Health Aide Program to: (1) provide for the training of Alaskans as community health aides or community health practitioners; (2) use such aides or practitioners in the provision of health care, health promotion, and disease prevention services to Alaskans living in communities that do not qualify for the Community Health Aide Program for Alaska operated through the Indian Health Service; (3) provide for establishment of teleconferencing capacity in health clinics located in or near such communities for use by such aides and practitioners; (4) provide a high standard of training to such aides and practitioners to ensure that they provide quality health care, health promotion, and disease prevention services to the Alaskan communities served by the Program; (5) develop a curriculum for the training of such aides and practitioners; (6) establish a Community Health Aide Certification Board to certify trained or otherwise qualified individuals as community health aides or community health practitioners; (7) develop a system which identifies and creates programs to meet the needs of such aides and practitioners for continuing health care education; (8) develop a system that provides close supervision of such aides and practitioners; and (9) develop a system under which the work of such aides and practitioners is reviewed and evaluated to ensure the provision of quality health care, health promotion, and disease prevention services.
Bill· SS. 1421 (105th)referred
United States · United States Congress · 7 November 1997
Clinical Research Enhancement Act of 1997 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to: (1) support and expand the NIH's involvement in clinical research; (2) support and expand the resources available for the clinical research community; and (3) establish peer review mechanisms. (Sec. 4) Mandates grants to: (1) establish general clinical research centers to provide the infrastructure for clinical research, including clinical research training and career enhancement; (2) support individual careers in clinical research at general clinical research centers or other institutions (to be known as clinical research career enhancement awards); (3) support individual clinical research projects at general clinical research centers or other institutions (to be known as innovative medical science awards); and (4) support individuals pursuing master's or doctoral degrees in clinical investigation (to be known as graduate training in clinical investigation awards). Authorizes appropriations. (Sec. 5) Increases the limit on the aggregate number of scholarship (regarding professions needed by the NIH) and loan repayment (regarding clinical researchers from disadvantaged backgrounds) contracts under specified provisions. Modifies the loan repayment program to: (1) remove current references to disadvantaged backgrounds; and (2) require a period of service in a general clinical research center, in clinical NIH research, or as a physician receiving a clinical research career enhancement award, an innovative medical science award, or a graduate training in clinical investigation award (currently, a period of service as an NIH employee). Requires that at least 50 percent of the loan repayment contracts involve individuals from disadvantaged backgrounds. Authorizes appropriations to carry out the loan repayment provisions.
Bill· SS. 1411 (105th)referred
United States · United States Congress · 7 November 1997
Amends the Internal Revenue Code to prohibit a deduction for any amount paid to the Federal Government or State or local government pursuant to any tobacco judgment or settlement. Establishes the National Institutes of Health Trust Fund for Health Research into which shall be deposited the net increase in revenues received attributable to the provisions of the preceding paragraph.
Bill· HRH.R. 2912 (105th)open
United States · United States Congress · 7 November 1997
Medicare Venipuncture Fairness Act of 1997 - Amends the Balanced Budget Act of 1997 to repeal provisions denying payment for home health benefits based solely on venipuncture to obtain a blood sample. Requires the Secretary of Health and Human Services to study and report to the Congress with respect to the provision of home health services consisting of venipuncture under title XVIII (Medicare) of the Social Security Act.
Bill· HRH.R. 2905 (105th)referred
United States · United States Congress · 7 November 1997
Comprehensive Managed Health Care Reform Act of 1997 - Applies this Act as though its provisions were included in specified provisions of the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code relating to group and individual health insurance. Requires compliance with this Act with regard to a Medicare+Choice or a Medicaid (titles XVIII and XIX of the Social Security Act) managed care organization. Declares that this Act does not supersede State laws providing greater protection. Nullifies any contract provision or agreement in violation of this Act. (Sec. 4) Requires a managed care organization to: (1) maintain an adequate number, mix, and distribution of health care professionals; (2) provide access to specialized treatment expertise; (3) permit use of a specialist as a primary care provider; (4) allow standing specialist referrals; (5) permit use, without referral, of specialists in obstetrics and gynecology; (6) make emergency or urgent care services available 24 hours a day, seven days a week, without prior authorization; (7) permit referrals to nonparticipating providers if the organization does not have appropriate participating providers; (8) provide access to specialized treatment expertise at designated centers of excellence (directs the Secretary of Health and Human Services to establish a designation process); (9) not limit coverage in connection with enrollee participation in an approved clinical study; (10) provide, for enrollees with a life-threatening condition, access to experimental treatments; and (11) provide coverage for a prescribed drug, approved by the Food and Drug Administration, whether or not the drug is on a formulary used by the organization. (Sec. 5) Requires a managed care organization to: (1) cover prescription drugs, preventive services, and inpatient and outpatient services; (2) cover annual screening mammography for certain enrollees; (3) not restrict benefits for breast cancer mastectomy or lymph node dissection, prescription contraceptive drugs or devices, or outpatient contraceptive services; (4) not distinguish in the amount, duration, or scope of coverage based on whether items and services relate to mental or physical health; (5) if required by the Secretary, contract with essential community providers to join the organization's network; (6) offer an enrollment option to receive services by nonparticipating professionals; (7) provide for continuity of care; and (8) provide access to a second opinion regarding treatment options. (Sec. 6) Prohibits a managed care organization from: (1) denying payment for services as not medically necessary or appropriate unless that determination is made solely by the treating professional; (2) using penalties or incentives for professionals regarding reducing or limiting the availability of tests, services, or treatment (imposes criminal penalties for the organization and its executives); (3) restricting medical communications between a patient and a medical professional; (4) discriminating against whistleblowers; and (5) taking certain adverse actions against medical professionals for advocating for an enrollee, filing a complaint against the organization, or other actions. (Sec. 7) Prohibits discrimination against enrollees and professionals on specified bases, including: (1) for enrollees, health status, genetic information, or anticipated need for services; and (2) for professionals, lack of affiliation with or admitting privileges at a hospital or on the basis of the professional's license or certification. (Sec. 8) Regulates: (1) information provided by a plan to enrollees and prospective enrollees; (2) enrollee grievance procedures; (3) organization response to enrollee requests and appeals of denial of coverage; and (4) provision by a managed care organization of due process for health care professionals. (Sec. 11) Requires a managed care organization to establish a quality improvement program. Imposes requirements on the organization's utilization review program. (Sec. 12) Prohibits a managed care organization's loss ratio from being less than 85 percent with respect to managed care plans it offers. Requires an organization to have procedures for: (1) allowing enrollees to participate in development of the organization's policies; and (2) addressing the needs of enrollees who are not proficient in English.
Bill· HRH.R. 2908 (105th)referred
United States · United States Congress · 7 November 1997
Amends title XVIII (Medicare) of the Social Security Act to repeal a specified restriction imposed by the Balanced Budget Act of 1997 on Medicare payment for certain hospital discharges to post-acute care.
Bill· HRH.R. 2900 (105th)referred
United States · United States Congress · 7 November 1997
Tampon Safety and Research Act of 1997 - Amends the Public Health Service Act to mandate the conduct or support of research on the extent to which additives in feminine hygiene products pose any risks to the health of women or to the children of women who use those products during or before the pregnancies involved. Requires that the research include research to confirm the data on feminine hygiene products submitted to the Commissioner of Food and Drugs by manufacturers of the products. Requires that research results be submitted to the Congress, specified governmental agencies, and the public.
Bill· HRH.R. 2923 (105th)referred
United States · United States Congress · 7 November 1997
Early Hearing Loss Detection, Diagnosis, and Intervention Act of 1997 - Mandates grants or cooperative agreements to: (1) develop statewide hearing loss early detection, diagnosis, and intervention networks; and (2) provide technical assistance to State agencies to complement an intramural program and to conduct applied research related to infant hearing detection, diagnosis, and treatment or intervention. Requires the National Institutes of Health to carry out research on the efficacy of new screening techniques and technology. Mandates coordination and collaboration. Authorizes appropriations.
Bill· HRH.R. 2911 (105th)referred
United States · United States Congress · 7 November 1997
Amends the Endangered Species Act of 1973 to exempt from provisions requiring consultation and conferencing with the Secretary of the Interior any agency action that consists of: (1) reconstruction or repair of a Federal or non-Federal levee to address a critical, imminent threat to public health or safety or to address a catastrophic natural event; or (2) maintaining the structural integrity of such a levee. Provides that any activity by a Federal or non-Federal person that consists of such an action is not a taking of a species for purposes of the Act.
Bill· HRH.R. 2889 (105th)open
United States · United States Congress · 7 November 1997
National Commission for the New National Goal: The Advancement of Global Health Act - Establishes the National Commission for the New National Goal: The Advancement of Global Health to report to the President and the Congress concerning a national strategy for coordinating governmental, academic, and public and private health care entities for the purpose of the global eradication of disease. Terminates the Commission 30 days after the submission of its final report.
Bill· HRH.R. 2874 (105th)referred
United States · United States Congress · 7 November 1997
Insurance Disclosure Act of 1997 - Requires insurers, if a medical exam (procured by the insurer) is required for initial or continued enrollment, to: (1) provide the individual involved with all medical information obtained from the exam; and (2) encourage the individual to make the information available to the individual's physician. Deems the above requirements to be provisions of the Public Health Service Act for purposes of provisions relating to enforcement, preemption, State flexibility, and construction. Provides for a private cause of action, including applying certain civil enforcement provisions of the Employee Retirement Income Security Act of 1974 (ERISA). Supersedes any State law providing less protection to individuals. (Sec. 7) Amends ERISA to require a group insurance plan, and any insurer offering a policy in connection with such plan, if a medical exam (procured by the insurer) is required for initial or continued eligibility for benefits, to: (1) provide the individual involved with all medical information obtained from the exam; and (2) encourage the individual to make the information available to the individual's physician. Supersedes any State law providing less protection to individuals. Makes an administrator who fails or refuses to comply liable to the individual for up to $100 per day. Allows other relief.
Bill· SS. 1384 (105th)referred
United States · United States Congress · 6 November 1997
Accessible Health Coverage Act - Amends Federal law to require any plan approved under the Federal Employees Health Benefits Program to offer health insurance to certain members of the general public who are not otherwise eligible for health insurance. Sets forth provisions concerning premiums, contributions, and benefits. Terminates the provisions of this Act ten years after enactment.
Bill· HRH.R. 2854 (105th)referred
United States · United States Congress · 6 November 1997
Amends the Public Health Service Act (PHSA), the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code to require that, when an attending provider and the mother decide to discharge the mother or her newborn prior to specified minimum inpatient periods following delivery, the group health plan or insurer offering coverage provide coverage for timely post-delivery care in any of specified settings, as selected by the mother. Applies the requirement to coverage in the individual market under specified provisions of the PHSA.
Bill· HRH.R. 2858 (105th)open
United States · United States Congress · 6 November 1997
TABLE OF CONTENTS: Title I: Compensation and Other Personnel Benefits Subtitle A: Pay and Allowances Subtitle B: Bonuses and Special and Incentive Pays Subtitle C: Travel and Transportation Allowances Subtitle D: Retired Pay, Survivor Benefits, and Related Matters Subtitle E: Other Matters Title II: Health Care Provisions Subtitle A: Health Care Services Subtitle B: Tricare Program Subtitle C: Uniformed Services Treatment Facilities Subtitle D: Other Changes to Existing Laws Regarding Health Care Management Subtitle E: Other Matters Subtitle F: Persian Gulf Illness Title III: Military Construction, Army Title IV: Military Construction, Navy Title V: Military Construction, Air Force Title VI: Military Construction, Defense Agencies Title VII: North Atlantic Treaty Organization Security Investment Program Title VIII: Guard and Reserve Forces Facilities Title IX: Expiration and Extension of Certain Authorizations Title X: General Military Construction Provisions Subtitle A: Military Construction Program and Military Family Housing Changes Subtitle B: Real Property and Facilities Administration Subtitle C: Defense Base Closure and Realignment Subtitle D: Land Conveyances Subtitle E: Other Matters Title XI: Sikes Act Improvement Military Readiness Act of 1997 - Title I: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives any FY 1998 military pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases the rates of basic pay by 2.8 percent, effective January 1, 1998. (Sec. 102) Entitles all enlisted personnel other than those in basic training to the basic allowance for subsistence (BAS). Provides a new BAS rate based on food costs. Allows BAS to be paid to enlisted personnel in advance for not more than three months. Directs the Secretary of Defense (Secretary) to prescribe policies regarding the use of dining and field messing facilities of the military departments. Provides transitional provisions with respect to the current BAS, terminating such transitional authority on a specified conditional date. (Sec. 103) Consolidates and revises generally Federal provisions concerning the basic allowance for quarters (BAQ), the variable housing allowance, and overseas housing allowances (which include a family separation housing allowance). (Sec. 104) Requires the President to adjust the basic pay of military personnel whenever the General Schedule of Compensation is adjusted. Authorizes the President to allocate such increases among pay grade and years-of-service categories, requiring congressional notification of any such allocation. Requires quadrennial assessment of such allocations. (Sec. 105) Prohibits the total pay and allowances of a member from being reduced when such member is assigned either to field duty at a home station or to temporary duty away from the member's permanent duty station. Subtitle B: Bonuses and Special and Incentive Pays - Extends through FY 1999 specified authorities currently scheduled to expire at the end of FY 1998 with respect to certain special pay and bonus programs within the regular and reserve armed forces. (Sec. 114) Increases the monthly hazardous duty incentive pay and the aviation career incentive pay, the latter effective as of January 1, 1999. (Sec. 116) Increases the aviation officer retention bonus and authorizes bonus agreements to extend for a third year. (Currently, only one or two-year agreements are permitted.) (Sec. 117) Authorizes the payment of an annual retention bonus for certain dental officers who execute a written agreement to remain on active duty for two, three, or four years after completion of their active-duty service commitment. Authorizes the Secretary concerned to extend such bonus authority to other dental officers not immediately qualifying for such bonus. (Sec. 118) Increases the variable and additional special pays for dental officers with specified years of creditable service. (Sec. 119) Authorizes the payment of special pay for members on duty at a location designated by the Secretary as a hardship duty location. (Sec. 121) Makes eligible for the Selected Reserve reenlistment bonus those Reserve enlisted personnel with less than 14 (currently, ten) years of total military service. Authorizes the payment of bonuses for consecutive three-year reenlistments. Revises bonus amounts. (Sec. 122) Provides eligibility for the Selected Reserve reenlistment bonus to an enlisted member of a reserve component who has completed less than 14 (currently, ten) years of total military service. Increases bonus amounts. Provides similar eligibility and amount revisions with respect to former enlisted personnel who become members of the Selected Reserve after completion of their enlisted service. (Sec. 123) Extends to Coast Guard personnel eligibility for payment of a bonus when entering into a reserve affiliation agreement to serve in the reserves upon completion of an active-duty tour. (Sec. 124) Increases the special pay and bonuses authorized for nuclear qualified officers. (Sec. 125) Authorizes the Secretary of the military department concerned (Secretary concerned) to pay either a monthly special pay or an annual bonus for enlisted personnel with designated specialties who agree to extend their tours of duty at designated overseas locations. Requires pro rata repayment of an unearned bonus, with a waiver authorized. Prohibits the concurrent receipt by such personnel of the annual bonus and rest and recuperative absence or transportation. (Sec. 126) Increases from $75 to $100 the monthly family separation allowance. (Sec. 127) Allows for payment of the muster duty allowance within 30 days after such duty is performed. (Currently, such payment is required on or before the date of such duty.) Subtitle C: Travel and Transportation Allowances - Removes certain restrictions on the payment of travel and transportation allowances to dependents of members who receive certain court-martial sentences. (Sec. 132) Changes the authorized amount of the military dislocation allowance from two months of the BAQ to a rate based on the member's pay and dependency status. Subtitle D: Retired Pay, Survivor Benefits, and Related Matters - Authorizes a participant in the Survivor Benefit Plan (SBP) to elect to discontinue participation at any time during the one-year period beginning on the second anniversary of the date on which payment of retired pay to the participant commences. Requires spousal concurrence, with an exception. (Sec. 142) Allows at any time (currently, within one year after remarriage) a change of election in SBP coverage to provide an annuity to a spouse instead of a former spouse. (Sec. 143) Directs the Secretary to review and report to the defense committees on the current Federal protections and benefits afforded to: (1) current and former military personnel and Federal employees; and (2) former spouses of such personnel and employees. (Sec. 144) Authorizes the Secretary concerned to pay an annuity to the qualified surviving spouse of each member who: (1) died before March 21, 1974, and was entitled to retired or retainer pay at the time of death; or (2) was a reserve member between September 21, 1972, and October 1, 1978, and at the time of death would have been entitled to retired or retainer pay except for not having attained 60 years of age. Provides annuity amounts. Terminates annuity payment authority on September 30, 2001. (Sec. 145) Amends the National Defense Authorization Act, Fiscal Year 1989 to authorize the Secretary of Veterans Affairs to consolidate into a single payment certain annuities currently paid by the Secretary of Defense to the survivors of military retirees. Subtitle E: Other Matters - Authorizes the Secretary concerned to repay loans used to finance the education of commissioned officers who are qualified in the health professions. Requires the officer to serve an additional period of active duty in return for such repayment. Limits the repayment amount to $22,000 for each additional year that the officer agrees to extend his or her duty. (Sec. 152) Amends the Coast and Geodetic Survey Commissioned Officers' Act of 1948 to bring the separation pay provisions of commissioned officers of the National Oceanic and Atmospheric Administration into conformity with separation pay authorized for members of the armed forces. (Sec. 153) Makes members of the Public Health Service and National Oceanic and Atmospheric Administration eligible for reimbursement of certain adoption expenses. (Sec. 154) Authorizes the Secretary concerned to pay to World War II veterans who served as guerilla fighters in the Philippines an amount representing the quarters and subsistence allowance which accrued during the period of service between January 1942 and February 1945. (Sec. 155) Directs the Secretary to study and report on military personnel and their families who subsist at, near, or below the poverty level. Directs the Secretary of Agriculture to make available to the Secretary the same payments and commodities for military personnel outside the United States as are made for the special supplemental food program in the United States under the Child Nutrition Act of 1996. Requires an implementation report. Title II: Health Care Provisions - Subtitle A: Health Care Services - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to include under its military retiree dental insurance plan the surviving spouse and child dependents of military personnel who die while on active duty of 30 days or more and whose dependents are no longer eligible for dental benefits under the regular dental insurance plan. (Sec. 202) Authorizes the provision of prosthetic devices necessary due to significant conditions resulting from trauma, congenital anomalies, or disease. (Sec. 203) Directs the Secretary to conduct a study on the provision to TRICARE beneficiaries of comparative information on the medical assistance provided by a managed care entity. Subtitle B: Tricare Program - Directs the Secretary to prepare and submit a plan for the expansion of the managed care option of the TRICARE Program known as TRICARE Prime into areas outside of the catchment areas of military medical treatment facilities in which such option is a cost-effective alternative. Subtitle C: Uniformed Services Treatment Facilities - Amends the National Defense Authorization Act for Fiscal Year 1997 to authorize the Secretary to modify the effective date of the implementation of military health care designated provider agreements to permit a transition period of not more than six months between the date of agreement execution and the date on which the designated provider commences delivery of health care services. Provides for the temporary continuation during such period of existing health care participation agreements. (Sec. 222) Requires a designated provider to be considered part of the Department of Defense (DOD) for purposes of the continued acquisition of reduced-cost drugs for enrollees under the agreement. (Sec. 223) Directs the Secretary, in establishing the ceiling rate for designated provider enrollees who are also eligible for CHAMPUS services, to take into account the health status of such enrollees. Subtitle D: Other Changes to Existing Law Regarding Health Care Management - Makes active-duty personnel assigned to certain remote duty locations eligible for health care under CHAMPUS. Directs the Secretary to waive any deductible, copayment, or annual CHAMPUS fee with respect to such personnel. (Sec. 232) Authorizes the Secretary to waive or reduce the overseas dental plan copayments required of military dependents who accompany members overseas. (Sec. 233) Directs the Secretary to: (1) establish procedures for the collection of the member's share of premiums under the Selected Reserve dental insurance plan and the retiree dental insurance plan; (2) allow such members to pay such premiums through payroll deduction; and (3) submit an implementation program with respect to both plans. Extends through April 1, 1998, the deadline for implementation of the dental insurance plan for military retirees. (Sec. 234) Makes the administering Secretaries (Secretaries of Defense, Health and Human Services, and Transportation with respect to the Coast Guard when not operating as a service of the Navy) (currently, only the Secretary of Defense) responsible for CHAMPUS dental plan coverage for certain military retirees and their dependents. (Sec. 235) Revises CHAMPUS provisions to conform health care provider reimbursement rates with such rates under title XVIII (Medicare) of the Social Security Act. (Sec. 236) Authorizes the Secretaries of Defense and Transportation to enter into personal services contracts to carry out certain health care responsibilities at locations outside of military medical treatment facilities. Includes the actions of service contract personnel under provisions concerning the defense of lawsuits arising out of medical malpractice. Requires a report from the Secretary on alternative means for performing medical screening examinations routinely performed at military entrance processing stations. (Sec. 237) Authorizes any health-care professional holding a current medical, dental, or other health care license to practice within a DOD health care facility, a civilian facility affiliated with DOD, or any other location authorized by the Secretary. (Sec. 238) Requires the Secretary to prescribe a standard form for the admission of claims for the payment of health care services provided under CHAMPUS. (Sec. 239) Amends the National Defense Authorization Act for Fiscal Year 1995 to extend through FY 1999 the chiropractic health care demonstration program. Requires such program to be expanded to at least three other military health care facilities, including the National Naval Medical Center and the Walter Reed Army Medical Center. Directs the Secretary to: (1) report to the defense committees on the additional facilities participating in the program; and (2) modify the program to evaluate its effectiveness at all of the facilities. Subtitle E: Other Matters - Authorizes the Secretary of the Army to enter into an agreement with an accredited institution of higher education under which students may attend the physician assistant training program conducted by the Army Medical Department at the Academy of Health Sciences at Fort Sam Houston, Texas, in return for the institution's agreeing to perform Academy support services. (Sec. 242) Authorizes the Secretary to pay the costs of any overseas emergency health care provided to military and civilian personnel of the On-Site Inspection Agency. Provides funding. (Sec. 243) Authorizes the Secretary of the Air Force, after 90 days' notice to the defense and appropriations committees, to enter into an agreement with Gerald Champion Hospital, Alamagordo, New Mexico, for the provision of health care services to eligible individuals in a medical resource facility in Alamagordo that is constructed, in part, using funds provided by the Secretary under the agreement. Provides funding for such agreement from Air Force operation and maintenance (O&M) funds. Directs the Secretary to review the proposed agreement and provide comments to the Congress before the agreement may take effect. (Sec. 244) Directs the Secretary to prescribe regulations requiring each source dispensing a prescription medication under CHAMPUS to furnish to the recipient cautionary information on such medication. (Sec. 245) Requires, by October 1, 1998, the competitive procurement outside DOD of all ophthalmic services related to the provision of eyeware for certain current and former military personnel and their beneficiaries, with an exception. (Sec. 246) Directs the Comptroller General (CG) to conduct studies evaluating: (1) the adequacy of the maximum allowable charges for physicians under CHAMPUS and the effect of such charges on physician participation in CHAMPUS; (2) DOD pharmacy programs; and (3) the validity of recommendations made by the Navy's Medical Education Policy Council regarding restructuring the Navy's graduate medical education program (prohibits any restructuring until a required report is submitted). (Sec. 249) Directs the Secretary to report on expanding the eligibility for participation in a demonstration project for the purchase of prescription pharmaceuticals by mail to include additional Medicare-eligible CHAMPUS beneficiaries. (Sec. 250) Directs the CG to study and report to the Congress and the Secretary on current requirements for military medical facilities in the National Capital Region. (Sec. 251) Directs the Secretary to report to the defense committees on the effectiveness of DOD policies and programs promoting healthy lifestyles among military personnel and their dependents. (Sec. 252) Expresses the sense of the Congress that the Congress and the President should address the problems associated with the provision of quality health care to military retirees. Subtitle F: Persian Gulf Illness - Directs the Secretaries of Defense and Veterans Affairs to jointly prepare and submit a plan to provide appropriate health care to Persian Gulf veterans (and their dependents) who suffer from a Gulf War illness. (Sec. 263) Directs the CG to submit a study evaluating revised DOD criteria used by physical evaluation boards to set disability ratings for military personnel who are no longer medically qualified for active duty so as to ensure the accuracy of such ratings with respect to the diagnosis of a Persian Gulf illness. (Sec. 264) Entitles to medical care to the same extent as a member on active duty a member of the reserves who is: (1) a Persian Gulf War veteran with a qualifying symptom or illness; and (2) not otherwise entitled to medical and dental care under either CHAMPUS or veterans' medical care. (Sec. 265) Directs the Secretary to establish a medical tracking system for military personnel deployed outside the United States as part of a contingency or combat operation. (Sec. 266) Directs the Secretary to provide affected members with specified information with regard to the receipt of an investigational new drug, including new drug notification and information concerning possible side effects. (Sec. 267) Directs the Secretary to submit a plan for tracking members and units serving in a theater of operations during a contingency or combat operation. (Sec. 268) Expresses the sense of the Congress that the Secretary should ensure that U.S. military units involved in a contingency or combat operation include specialized units to detect and monitor the presence of chemical, biological, and similar hazards. (Sec. 269) Directs the Secretary to report on the effectiveness of medical research initiatives regarding Persian Gulf War illnesses. (Sec. 270) Directs the Secretaries of Defense and Veterans Affairs to establish a program of cooperative clinical trials at multiple sites to address the effectiveness of protocols for treating Persian Gulf War veterans who suffer from ill-defined or undiagnosed conditions. (Sec. 271) Expresses the sense of the Congress that all promising technologies and treatments relating to Persian Gulf War illnesses should be fully explored and tested to facilitate treatment to such veterans who are stricken with unexplainable illness. Title III: Military Construction, Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units, to carry out architectural planning and design activities, and to improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 1997 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title. (Sec. 305) Authorizes the use of prior-year military construction funds to construct a heliport at Fort Irwin, California. Title IV: Military Construction, Navy - Provides, with respect to the Navy, authorizations for purposes paralleling those for which authorizations are provided for the Army under the previous title. (Sec. 405) Amends the Military Construction Authorization Act for Fiscal Year 1997 to: (1) authorize a military construction project at the Naval Station in Pascagoula, Mississippi, using funds authorized under such Act; and (2) increase the amount authorized for a project at Naval Station Roosevelt Roads, Puerto Rico. Title V: Military Construction, Air Force - Provides, with respect to the Air Force, authorizations for purposes paralleling those for which authorizations are provided for the Army. (Sec. 505) Amends the Military Construction Authorization Act for Fiscal Year 1997 to authorize a military construction project at McConnell Air Force Base, Kansas, using funds authorized under such Act. Title VI: Military Construction, Defense Agencies - Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out architectural planning and design activities and to improve existing military family housing units, in specified amounts. (Sec. 604) Authorizes the Secretary to carry out certain energy conservation projects. (Sec. 605) Authorizes appropriations to DOD for fiscal years beginning after 1997 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title. (Sec. 607) Authorizes the Secretary to carry out specified military construction projects, using amounts authorized under a prior military construction authorization Act, for a project at McClellan Air Force Base, California. (Sec. 608) Increases the amounts authorized under a prior military construction authorization Act for projects at Pine Bluff Arsenal, Arkansas, and Umatilla Army Depot, Oregon. Title VII: North Atlantic Treaty Organization Security Investment Program - Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 1997 for such contributions. Title VIII: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1997 for the Guard and Reserve forces for acquisition, architectural and engineering services, and construction of facilities. (Sec. 802) Increases the amounts authorized under a prior military construction authorization Act for projects at the Army National Guard, Hilo, Hawaii, and the Naval and Marine Corps Reserve, New Orleans, Louisiana. (Sec. 803) Directs the Secretary of the Army, with regard to a military construction project at Camp Williams, Utah, to enter into an agreement under which the State of Utah agrees to provide financial or in-kind contributions toward project land acquisition, site preparation, and relocation costs. Title IX: Expiration and Extension of Certain Authorizations - Terminates all authorizations contained in titles III through VIII of this Act on October 1, 2000, or the date of enactment of an Act authorizing funds for military construction for FY 2001, whichever is later, with exceptions. Extends certain prior-year military construction projects. (Sec. 906) Extends the availability of funds appropriated under a prior defense appropriations Act for construction of over-the-horizon radar at the Naval Station Roosevelt Roads, Puerto Rico. Title X: General Military Construction Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Requires the Secretary concerned to provide congressional notification when carrying out unspecified minor construction projects even though the project will use funds made available to enhance the deployment and mobility of military forces and supplies. (Sec. 1002) Requires congressional notification by the Secretary concerned when using O&M funds to carry out a repair project with an estimated cost in excess of $10 million. (Sec. 1003) Authorizes the Secretary of the Army to lease up to eight family housing units in the Miami, Florida area for key and essential personnel of the United States Southern Command for which unit rental expenditures exceed normal authorized amounts. (Sec. 1004) Provides for the crediting of financial incentives received by DOD from gas, electric, and water utilities for energy and water cost savings. (Sec. 1005) Requires congressional notification with respect to the use of DOD housing funds for investments in nongovernmental entities. Subtitle B: Real Property and Facilities Administration - Increases from $200,000 to $500,000 the minor land acquisition threshold. (Sec. 1012) Authorizes the Secretary of a military department to convey to a municipal, private, regional, district, or cooperative utility company or other entity part or all of a utility system under its jurisdiction. Requires 21-day prior congressional notification. (Sec. 1013) Authorizes the Secretary concerned to accept amounts provided by a person or entity to cover administrative expenses incurred in entering into real property transactions. (Sec. 1014) Prohibits the Secretary concerned from conveying any real property unless the Administrator of General Services has screened the property for further Federal use under the Federal Property and Administrative Services Act of 1949. Requires notification to the Secretary concerned of screening results. Provides excepted conveyances. (Sec. 1015) Provides for the disposition of proceeds from the sale of Air Force Plant No. 78 in Brigham City, Utah. (Sec. 1016) Directs the Secretary of the Army to report to the defense and appropriations committees a plan to address the requirements for fire protection and hazardous materials protection services at Fort Meade, Maryland. Subtitle C: Defense Base Closure and Realignment - Amends the Defense Authorization Amendments and Base Closure and Realignment Act to direct the head of the Federal agency acquiring non-federal property as a new or replacement Federal facility to consult with the Secretary concerning the feasibility and cost advantages of using Federal property or facilities at a closed military installation in lieu of such an acquisition. Requires the concurrence of the redevelopment authority for the area concerned. (Sec. 1022) Authorizes the Secretary to make grants, conclude cooperative agreements, and supplement other Federal funds to assist a State or local government in enhancing that government's capability to support DOD efforts to privatize its military family support services. (Sec. 1023) Authorizes the Secretary of the Army to enter into an agreement with the local redevelopment authority for the Red River Army Depot, Texas, under which the Secretary shall provide security, fire protection, or hazardous material response services on property under the jurisdiction of such authority after realignment under the base closure laws. (Sec. 1024) Directs the Secretary to prepare and submit to the defense and appropriations committees a report on costs and savings attributable to prior base closure rounds and on the need for additional base closure rounds. Requires the Congressional Budget Office and the CG to review such report. Prohibits the use of any funds for the closure or realignment of military installations until such report and reviews are completed. Expresses the sense of the Senate that the Secretary should develop a system for determining actual costs and savings associated with base closures and apply such system to the 1995 base closure round. (Sec. 1025) Expresses the sense of the Senate that the savings derived from the base closure process should be utilized by DOD solely for the modernization of new weapon systems. (Sec. 1026) Prohibits the Secretary of the Navy, in disposing of real property in connection with the closure of Naval Station, Long Beach, California, from conveying any portion of such property to the China Ocean Shipping Company or any of its successors or subsidiaries. Provides a reversionary interest to the United States if such a transfer occurs. Requires the Secretary and the Director of the Federal Bureau of Investigation to separately submit to the President and the defense and appropriations committees a report on the national security implications of such a conveyance. Provides presidential waiver authority with respect to the prohibition. Subtitle D: Land Conveyances - Part I: Army Conveyances - Authorizes the Secretary of the Army to convey to: (1) Hale County, Alabama, specified real property at the Army Reserve Center, Greensboro; (2) Big Five Community Services Incorporated, an Oklahoma nonprofit corporation, the James T. Coker Army Reserve Center in Durant; (3) the Lawndale Business and Local Development Corporation in Illinois the Gibson Army Reserve Center, Chicago; (4) Caroline County, Virginia, specified real property at Fort A.P. Hill; (5) Wrightstown, New Jersey, and the New Hanover Board of Education specified portions of real property at Fort Dix; (6) Spring Lake and Harnett County, North Carolina, specified portions of real property at Fort Bragg; and (7) Mineral County, Nevada, the Schweer Driving House Area within the Hawthorne Army Ammunition Depot. (Sec. 1038) Amends the National Defense Authorization Act for Fiscal Year 1996 to authorize the Secretary of the Army to convey to Indiana an additional parcel of real property at the Indiana Army Ammunition Plant. (Sec. 1039) Modifies prior land conveyances with respect to: (1) Lompoc, California; (2) the Rocky Mountain Arsenal, Colorado; and (3) the Army Reserve Center, Andersen, South Carolina. Part II: Navy Conveyances - Authorizes the Secretary of the Navy to convey to: (1) the Maine School Administrative District No. 75, Topsham, a parcel of the Topsham Annex, Naval Air Station in Brunswick; and (2) Nassau County, New York, the Naval Weapons Industrial Reserve Plant No. 464 in Oyster Bay. (Sec. 1053) Amends the Military Construction Authorization Act for Fiscal Year 1997 to change from the State of Mississippi to Lauderdale County, Mississippi, the lessee designation with respect to a lease of the Naval Air Station in Meridian. Part III: Air Force Conveyances - Transfers administrative jurisdiction over specified real property at Eglin Air Force Base, Florida, from the Secretary of Transportation to the Secretary of the Air Force. Revokes a contrary executive order. (Sec. 1062) Authorizes the Secretary of the Air Force to convey to: (1) Air Force Village West, Incorporated, in Riverside, California, specified real property at March Air Force Base; (2) the Greater Box Elder Area Economic Development Corporation in Box Elder, South Dakota, specified real property at Ellsworth Air Force Base; (3) Onondaga County, New York, specified real property at Hancock Field, Syracuse; (4) the Bear Paw Development Corporation, Havre, Montana, the Havre Air Force Station and the Havre Training Site; and (5) Bangor, Maine, the Charleston Family Housing Complex in Bangor. (Sec. 1067) Amends the National Defense Authorization Act for Fiscal Year 1996 to direct the Secretary of the Air Force to report on Air Force land exchange options in the vicinity of Shaw Air Force Base, South Carolina. Subtitle E: Other Matters - Authorizes the Secretary of the Navy to terminate or reduce the operations of the Naval Academy Dairy Farm in Gambrills, Maryland. Authorizes such Secretary to lease the dairy farm property, as long as the rural and agricultural nature of the property is maintained. (Sec. 1072) Authorizes the Secretary of the Navy to acquire by long-term lease structures and real property relating to a regional hospital complex in Naples, Italy, that are suitable for the Naples Improvement Initiative. (Sec. 1073) Designates specified military family housing developments at Lackland Air Force Base, Texas, in honor of Frank Tejeda, a late Member of the House of Representatives. (Sec. 1074) Directs the Secretary, in at least one U.S. metropolitan area containing multiple military installations, to provide for the installation of fiber-optics based telecommunications technology to link as many of such installations as possible. Title XI: Sikes Act Improvement - Sikes Act Improvement Act of 1997 - Amends an Act of September 15, 1960, commonly known as the Sikes Act, to officially designate such Act as the Sikes Act. Directs (current law authorizes) the Secretary to carry out a program for the conservation and rehabilitation of natural resources on military installations. Requires the Secretary of each military department to prepare and implement an integrated natural resources management plan (plan) for each military installation under his or her jurisdiction. Authorizes such Secretaries to provide for: (1) the conservation and rehabilitation of natural resources on such installations and the sustainable multipurpose use of such resources; and (2) public access to such installations to facilitate their use. Directs each Secretary to: (1) review military installations under his or her jurisdiction for which the preparation of a plan is appropriate; (2) submit such determinations to the Secretary; and (3) implement such plans within three years thereafter. Requires the Secretary to report such reviews to the Congress. Provides an opportunity for public comment on such plans. (Sec. 1106) Allows wildlife conservation fees collected at military installations which are subsequently closed to be transferred to another military installation and used for the same purpose. (Sec. 1107) Requires annual reviews and reports by the Secretaries of Defense and the Interior with respect to the implementation of such plans. (Sec. 1108) Authorizes multiyear cooperative agreements for plan implementation. (Sec. 1109) Provides for the enforcement on military installations of all Federal laws relating to natural resources conservation on Federal lands. (Sec. 1110) Requires the Secretary of each military department to ensure that sufficient numbers of trained natural resource management and law enforcement personnel are available and assigned to perform necessary tasks for plan compliance. (Sec. 1114) Extends through FY 2003 the authorization of appropriations for natural resources conservation programs on military installations, as well as equivalent programs on other public lands.
Bill· HRH.R. 2851 (105th)referred
United States · United States Congress · 6 November 1997
Provides that, if the Secretary of Health and Human Services or a carrier reduces a recognized rate for a drug or biological under part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act based solely on the identification of an alternative drug or biological that is less costly for treatment of the same condition, the Secretary shall provide that such reduction shall not apply during a course of treatment to an individual who, as of the effective date of the payment rate reduction, was entitled to benefits under such part and was in a course of treatment with such drug or biological for which such benefits are available. States that this requirement shall not apply in the case of substitution of a generic drug for another. Directs the Secretary to report to the Congress on: (1) the types of coverage decisions being made by carriers under Medicare part B as well as their legal authority to make them; and (2) whether further Federal guidance is needed to prevent regional disparities in coverage under Medicare part B.
Resolution· HCONRESH.Con.Res. 184 (105th)referred
United States · United States Congress · 6 November 1997
Expresses the sense of the Congress that the motion picture industry should discourage youth tobacco use by eliminating the use of tobacco products in its productions, except for productions that portray the dangers of tobacco use.
Bill· SS. 1376 (105th)referred
United States · United States Congress · 5 November 1997
Increases to 59.8 the Federal medical assistance percentage for the State of Hawaii for purposes of the Medicaid program and the Children's Health Insurance program under titles XIX and XXI of the Social Security Act.
Bill· HRH.R. 2816 (105th)referred
United States · United States Congress · 5 November 1997
Waives a time limitation under the Public Health Service Act with respect to the filing by a named individual of a petition for compensation for vaccine-related injuries.
Bill· SS. 1368 (105th)open
United States · United States Congress · 4 November 1997
TABLE OF CONTENTS: Title I: Individual's Rights Subtitle A: Access to Protected Health Information by Subjects of the Information Subtitle B: Establishment of Safeguards Title II: Restrictions on Use and Disclosure Subtitle A: General Restriction Subtitle B: Limited Circumstances Providing for Disclosure Without Authorization Subtitle C: Special Rules Governing Disclosure Title III: Office of Health Information Privacy of the Department of Health and Human Services Subtitle A: Establishment Subtitle B: Enforcement Title IV: Miscellaneous Medical Information Privacy and Security 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: (1) inspect and copy the information; (2) request addition of a supplement (or the individual's disagreement statement); and (3) prepare and disseminate notice of privacy rights and practices. (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 oversight agencies, public health authorities, employers, health researchers, law enforcement officials, health or life insurers, schools, universities, emergency medical personnel, and their agents.) Mandates development of model notices. Subtitle B: Establishment of Safeguards - Requires specified parties to establish safeguards to ensure the confidentiality, security, accuracy, and integrity of protected health information. Mandates development of model safeguard guidelines. Requires specified parties to establish a record of disclosures not related to payment or treatment. Title II: Restrictions on Use and Disclosure - Subtitle A: General Restriction - Prohibits specified parties from disclosing protected health information except as authorized under this title. Allows disclosure if authorized by the information subject. Mandates model written authorizations and model limitations. Provides for segregation of files on request, authorization revocation, and records of authorizations and revocations. Subtitle B: Limited Circumstances Providing for Disclosure Without Authorization - Allows any person to disclose protected health information: (1) in order to allay or remedy a threat of imminent physical or mental harm to an information subject; and (2) if there is an identifiable threat of serious injury or death to an identifiable individual or group and other requirements are met. (Sec. 212) Authorizes disclosure to: (1) a public health authority; (2) an agency charged by law to protect the health and safety of individuals if the information subject is vulnerable to abuse or neglect by an agency providing health or social services; (3) a health oversight agency; and (4) on court order, a law enforcement authority. Subtitle C: Special Rules Governing Disclosure - Regulates disclosure: (1) to next of kin; (2) in directories of individuals admitted to a facility; (3) necessary to assist in the identification of a deceased individual; and (4) relating to minors. (Sec. 222) Applies the requirements and protections of specified parts of the Code of Federal Regulations to research conducted by all research facilities using personally identifiable health information. Directs the Secretary of Health and Human Services to report to the Congress whether written informed consent should be required and, if so, under what circumstances, before personally identifiable data can be used for medical research. (Sec. 223) Allows specified parties to disclose for certain judicial and administrative purposes. (Sec. 224) Sets forth a sequence regulating who may exercise an individual's rights under this Act when the individual cannot knowingly or effectively do so, designating first a person named in a health care power of attorney, then an individual authorized by law or by an instrument recognized under law to act as the individual's representative, then next of kin, and last the health care provider, in each case moving to the next level if the person cannot be contacted after a reasonable effort. Applies this Act to deceased persons for two years after death and provides for the exercise of rights on behalf of a deceased individual. (Sec. 225) Prohibits retaliation for the exercise of rights under this Act or disclosure of information regarding a possible violation of this Act. Title III: Office of Health Information Privacy of the Department of Health and Human Services - Subtitle A: Establishment - Establishes the Office of Health Information Privacy, including in its duties receiving and investigating violation complaints and providing for the conduct of audits. Subtitle B: Enforcement - Chapter 1: 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. (Sec. 312) Mandates regulations and procedures to permit the debarment of specified parties from receiving benefits under any Federal health programs if the managers or officers are found guilty of such obtaining or disclosing. Authorizes the Attorney General to provide advice, technical assistance, and guidance to reduce improper disclosure. Chapter 2: Civil Sanctions - Imposes civil monetary penalties on specified parties if the Office determines a party has substantially and materially failed to comply with this Act. (Sec. 323) 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 - 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.