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Official portrait of Rep. Johnson, Sam [R-TX-3]

Rep. Johnson, Sam [R-TX-3]

United States · Official source

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3,195 records where Rep. Johnson, Sam [R-TX-3] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· HRH.R. 140 (103rd)open

Federal Mandate Relief Act of 1993

United States · United States Congress · 5 January 1993

Federal Mandate Relief Act of 1993 - Provides that any requirement under a Federal statute or regulation that a State or local government conduct an activity (including a requirement that a government meet national standards in providing a service) shall apply to the government only if all funds necessary to pay the direct costs incurred by the government in conducting the activity are provided by the Federal Government.

Bill· HRH.R. 101 (103rd)open

Action Now Health Care Reform Act of 1993

United States · United States Congress · 5 January 1993

TABLE OF CONTENTS: Title I: Improved Access to Affordable Health Care Coverage Subtitle A: Increased Affordability and Availability for Employees Subtitle B: Improved Small Employer Purchasing Power of Affordable Health Insurance Subtitle C: Health Deduction Fairness Subtitle D: Improved Access to Community Health Services Subtitle E: Improved Access to Rural Health Services Title II: Health Care Cost Containment and Quality Enhancement Subtitle A: Medical Malpractice Liability Reform Subtitle B: Administrative Cost Savings Subtitle C: Medical Savings Accounts (Medisave) Subtitle D: Medicaid Program Flexibility Subtitle E: Limitations on Physician Self-Referrals Subtitle F: Removing Restrictions on Managed Care Subtitle G: Medicare Payment Changes Subtitle H: Limitation of Antitrust Recovery for Certain Hospital Joint Ventures Subtitle I: Encouraging Enforcement Activities of Medical Self-Regulatory Entities Action Now Health Care Reform Act of 1993 - Title I: Improved Access to Affordable Health Care Coverage - (Sec. 102) Preempts inconsistent State laws. (Sec. 103) Requires small employer health insurance carriers to offer a MedAccess basic plan (providing only benefits for essential preventive and medical services and having an actuarial value not over 60 percent of a MedAccess standard plan) and a MedAccess standard plan (providing benefits typical of the small employer market). Amends the Internal Revenue Code (IRC) to tax the failure of a carrier or plan to comply with related standards. Mandates: (1) acceptance of every small employer and full-time employee; or (2) in States that so provide, allocation of risk. (Sec. 104) Regulates pre-existing condition requirements, premiums, rating practices disclosure, minimum participation requirements, and renewability. (Sec. 108) Mandates development of models for reinsurance or allocation of risk mechanisms. Requires State (or Federal) establishment of at least one mechanism in each State. Amends the IRC to impose a tax in any such Federal reinsurance State. (Sec. 110) Establishes the Office of Private Health Care Coverage and a related advisory committee. (Sec. 111) Authorizes research and demonstration projects on the impact of these provisions on the availability of affordable small employer coverage. Requires: (1) methods for measuring the relative health risks of eligible individuals; and (2) a model for equitably distributing health risks among small employer carriers. Authorizes appropriations. (Sec. 121) Preempts State laws: (1) requiring the offering of health plans providing certain services; and (2) prohibiting employer groups from purchasing health insurance. (Sec. 131) Amends the IRC to increase and make permanent deductions for the health insurance costs of self-employed individuals. (Sec. 141) Amends the Public Health Service Act (PHSA) to provide for grants to: (1) migrant and community health centers and to entities providing health services for the homeless to promote primary health services for underserved individuals; and (2) increase access to outpatient primary services in certain geographic areas. Authorizes appropriations. (Sec. 171) Changes the heading of title XII (Trauma Care) of the PHSA to "Emergency Medical Services" and makes similar changes to references within the title. (Sec. 172) Authorizes grants to States for State offices of emergency medical services. (Sec. 173) Requires projects under existing provisions to include demonstrations on telecommunications between rural medical facilities and other medical facilities with useful expertise or equipment. (Sec. 174) Authorizes appropriations to carry out specified provisions of title XII. (Sec. 181) Mandates grants to States for rural air medical transport systems. Authorizes appropriations. (Sec. 191) Amends title XVIII (Medicare) of the Social Security Act to extend special payments for the inpatient services of small, rural Medicare-dependent hospitals. Title II: Health Care Cost Containment and Quality Enhancement - (Sec. 211) Reforms medical malpractice regarding: (1) a statute of limitations; (2) use of alternative dispute resolution systems (ADRs), including for claims against the United States; (3) settlement offers and conferences; (4) noneconomic and punitive damages; (5) periodic payment for future damages; (6) mandatory offsets for collateral source payments; (7) contingent attorney's fees; (8) several and joint liability; (9) findings of negligence; (10) practice guidelines sanctioned as affirmative defenses; (11) the standard of proof regarding certain labor and delivery circumstances; (12) supersedure of certain State laws; and (13) establishment and certification of State ADRs. (Sec. 241) Amends title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act to authorize appropriations for sanctioning guidelines as affirmative defenses. Mandates: (1) research and demonstrations on the use of data on malpractice actions; and (2) development of a standard reporting form for State ADRs in transmitting information on disputes resolved. (Sec. 242) Authorizes State professional disciplinary agencies to make agreements with professional societies to allow the societies to: (1) participate in licensing; and (2) review malpractice allegations or other information on the practice patterns of a practitioner. (Sec. 243) Requires each health professional and provider to participate in a risk management program. (Sec. 244) Mandates grants: (1) for basic research on malpractice prevention and compensation and outcomes research; (2) to States to improve licensing and discipline; and (3) for public education on appropriate health care use and realistic expectations, public education on the resources and role of licensing and disciplinary boards, and development of faculty training and curricula regarding quality assurance, risk management, and medical injury protection. Authorizes appropriations. (Sec. 245) Mandates a study on factors preventing or discouraging physicians from volunteering in medically underserved areas. (Sec. 251) Regulates: (1) data elements, uniform claims forms, and uniform electronic transmission of data elements; (2) provider claims submission; and (3) hospital and non-hospital electronic medical data. (Sec. 262) Requires hospitals, in order to participate in Medicare, to maintain and electronically transmit clinical data on patients in a set of electronic comprehensive data elements. (Sec. 263) Provides for electronic transmission of data elements to Federal agencies. (Sec. 264) Prohibits plans from requiring that a provider provide any data element not in the set or transmit any data element in a manner inconsistent with standards. (Sec. 265) Establishes an advisory commission. Authorizes appropriations. (Sec. 271) Provides for a comparative health care value program in each State. Authorizes grants and appropriations. (Sec. 273) Requires each Federal agency concerned with health insurance or care to develop comparative value information. (Sec. 274) Mandates model systems for the gathering and analysis of data on health care cost, quality, and outcome. Authorizes appropriations. (Sec. 281) Provides for standards regarding Medicare and Medicaid identification cards. Establishes a Medicare and Medicaid system to provide information on primary payors. Authorizes appropriations. (Sec. 282) Nullifies any State law requiring that medical or health insurance records be maintained in written rather than electronic form. (Sec. 283) Provides for standards regarding: (1) beneficiary and provider identification numbers; and (2) coordination of benefits. (Sec. 285) Mandates grants to demonstrate the application of comprehensive information systems in continuously monitoring patient care and improving patient care. Authorizes appropriations from the Federal Hospital Insurance Trust Fund. Authorizes grants for: (1) communication links between plan and provider information systems; (2) regional or community-based clinical information systems; and (3) developing and testing, for physicians and non-hospital entities, the definition of a comprehensive data set and the specification and presentation of individual data elements. Authorizes appropriations. (Sec. 291) Amends the IRC to exclude from an employee's gross income any amount contributed by the employer to a trust created exclusively to pay an individual's medical expenses (medical savings account). Sets contribution limits. Subjects the employee to taxation as owner of the account. (Sec. 301) Amends Medicaid provisions to modify contracting requirements for coordinated care services. (Sec. 311) Amends Medicare provisions to extend physician self-referral limitations to all payors and certain additional services. Revises exceptions. (Sec. 314) Mandates a study to estimate the changes in aggregate costs that will result from the amendments made by these provisions. (Sec. 321) Preempts managed care restrictions under State law. Mandates a study of managed care benefits and cost effectiveness. (Sec. 331) Amends Medicare provisions to revise the method for determining prospective payment updates to hospitals. (Sec. 332) Lowers the limitation amount and suspends certain annual adjustments regarding clinical diagnostic laboratory tests. (Sec. 343) Limits antitrust recovery to actual damages if certain requirements are met, including the filing and publication of information regarding hospital joint ventures. (Sec. 345) Establishes the Interagency Committee on Competition, Antitrust Policy, and Health Care. (Sec. 351) Prohibits, subject to exception, damages and other recovery under the Clayton Act or similar State laws from a medical self-regulatory entity engaging in standard setting or enforcement activities designed to promote the quality of health care and not conducted for financial gain.

Bill· HRH.R. 123 (103rd)open

Language of Government Act of 1993

United States · United States Congress · 5 January 1993

Language of Government Act of 1993 - Declares English to be the official language of the U.S. Government. States that the Government has an affirmative obligation to preserve and enhance the role of English as the official language. Requires the Government to conduct its official business in English. Prohibits anyone from being denied Government services because they communicate in English.

Bill· HRH.R. 93 (103rd)open

Life Imprisonment for Egregious Recidivists Act of 1993

United States · United States Congress · 5 January 1993

Life Imprisonment for Egregious Recidivists Act of 1993 - Amends the Federal criminal code to require the court, in the case of a conviction for a Federal violent felony, to sentence the defendant to life imprisonment if the defendant has previously been convicted of two other violent felonies. Specifies that this provision shall not be construed to prevent the imposition of the death penalty.

Bill· HRH.R. 44 (103rd)open

Merchant Mariners Fairness Act of 1993

United States · United States Congress · 5 January 1993

Merchant Mariners Fairness Act of 1993 - Provides that certain qualified service of a member of the U.S. merchant marine, including a vessel crewmember of the U.S. Army Transport Service, during World War II constituted active military service for purposes of eligibility for various veterans' benefits under the GI Bill Improvement Act of 1977. Requires the Secretary of Defense to issue an honorable discharge under such Act to each merchant marine member whose qualified service warrants such a discharge. Prohibits the payment of any retroactive benefits under this Act. Mandates a processing fee for any benefit application for such qualified service.

Bill· HRH.R. 159 (103rd)open

Legislative Line Item Veto Act of 1993

United States · United States Congress · 5 January 1993

Legislative Line Item Veto Act of 1993 - Amends the Congressional Budget and Impoundment Control Act of 1974 to grant the President legislative line item veto rescission authority. Makes such a rescission effective unless the Congress, during a review period of 20 calendar days, enacts a rescission disapproval bill.

Bill· HRH.R. 24 (103rd)open

Legislative Line Item Veto Act of 1993

United States · United States Congress · 5 January 1993

Legislative Line Item Veto Act of 1993 - Grants the President legislative line item veto rescission authority. Authorizes the President to rescind all or part of any budget authority if the President determines that such rescission: (1) would help balance the Federal budget, reduce the Federal budget deficit, or reduce the public debt; (2) will not impair any essential Government functions; (3) will not harm the national interest; and (4) will directly contribute to the purpose of this Act of limiting discretionary spending in FY 1994 or 1995. Requires the President to notify the Congress of such a rescission by special message after enactment of appropriations legislation for FY 1994 or 1995. Makes such a rescission effective unless the Congress enacts a rescission disapproval bill. Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission disapproval legislation in the Senate and the House of Representatives.

Bill· HRH.R. 59 (103rd)open

Depository Institution Burden Relief Act of 1993

United States · United States Congress · 5 January 1993

TABLE OF CONTENTS: Title I: Supervisory Reforms Title II: Nonsupervisory Reforms Subtitle A: Expedited Funds Availability and Electronic Transfers Subtitle B: Amendments to the Truth in Lending Act Subtitle C: Homeownership Amendments Depository Institution Burden Relief Act of 1993 - Title I: Supervisory Reforms - (Secs. 101-105) Amends the Federal Deposit Insurance Act to modify the guidelines governing: (1) the coordination of Federal and State examinations and reporting requirements for insured depository institutions; (2) the consolidation of requisite reports by a depository institution holding company for its capital-efficient insured depository institution subsidiaries; (3) the non-applicability to capital-efficient depository institutions of certain financial status reports for the early identification of needed improvements; and (4) the submission of duplicative information to Federal banking supervisory agencies. (Sec. 106) Prohibits a Federal banking agency from requiring an insured depository institution to submit information unrelated to either its safety or soundness, its insured deposits, or its reserve requirements. (Sec. 107) Limits the information that a capital-efficient insured depository institution must include in its federally required financial status report. (Secs. 108-109) Exempts from certain regulatory standards capital-efficient insured depository institutions and insured depository institutions which received an "outstanding rating for meeting community credit needs". (Sec. 110) Sets forth guidelines for each Federal banking agency to review and report to the Congress on needless burdens imposed by the Federal banking regulatory scheme. (Sec. 111) Amends the Federal Reserve Act to repeal the statutory scheme with respect to interbank liabilities. (Sec. 112) Amends the Federal Deposit Insurance Act to set forth expedited approval procedures under which capital-efficient State banks may engage in specified activities. (Sec. 113) Amends the Community Reinvestment Act (CRA) to set forth self-certification procedures for certain regulated financial institutions in good standing. Permits Federal financial supervisory agencies to accept in satisfaction of CRA requirements State examinations conducted pursuant to comparable community reinvestment laws. Declares that a comprehensive examination of performance shall only be conducted if a Federal regulatory agency is not satisfied that credit is being extended throughout the community in a nondiscriminatory manner. (Sec. 114) Exempts specified banks from the purview of the CRA. (Sec. 115) Amends the Federal Deposit Insurance Act to modify the assessment base guidelines for deposit insurance premiums. (Sec. 116) Mandates that certain Federal banking regulations be accompanied with a detailed statement about their economic impact upon small banks and savings associations. (Sec. 117) Mandates that each Federal banking regulatory agency establish a separate Office of Regulatory Quality to monitor its examination activities. (Sec. 118) Limits the frequency of routine examinations of insured depository institutions except those for safety and soundness. (Secs. 119-121) Amends the Bank Holding Company Act of 1956 to modify the guidelines for: (1) certain reorganizations of banks into holding companies; and (2) certain bank holding companies seeking approval to engage in specified nonbanking activities. (Sec. 122) Amends Federal law regarding monetary instruments transactions to direct the Secretary of the Treasury to: (1) review annually all regulations pertaining to monetary instruments transaction requirements seeking public comment; and (2) publish all written rulings interpreting such law, as well as staff commentaries. (Sec. 123) Amends the Federal Reserve Act to modify the aggregate limits on insider lending for specified small banks. Title II: Nonsupervisory Reforms - Subtitle A: Expedited Funds Availability and Electronic Transfers - (Sec. 201) Amends the Expedited Funds Availability Act to: (1) modify the availability schedules for both depository institution accounts and new accounts; and (2) authorize the Board to establish rules for losses and liability among the States and their political subdivisions in connection with any aspect of the payment system. Subtitle B: Amendments to the Truth in Lending Act - (Sec. 211) Amends the Truth in Lending Act to: (1) exempt from its purview credit transactions involving consumers whose income or net worth exceeds specified thresholds; and (2) modify its information disclosure guidelines. Subtitle C: Homeownership Amendments - (Sec. 221) Amends the Home Mortgage Disclosure Act of 1975 to modify the total assets criterion used to exempt depository institutions from its purview. (Sec. 222) Amends the Housing and Urban Development Act of 1968 to repeal its homeownership debt counseling notification requirements. (Sec. 223) Forbids a Federal banking agency from requiring any institution under its purview to engage in data collection practices pursuant to the requirements of the Fair Housing Act other than data required under the Home Mortgage Disclosure Act of 1975.

Bill· HRH.R. 146 (103rd)referred

Privatization of Art Act of 1991

United States · United States Congress · 5 January 1993

Privatization of Art Act of 1991 (sic) - Amends the National Foundation on the Arts and the Humanities Act of 1965 to abolish the National Endowment for the Arts (NEA) and the National Council on the Arts (NCA). Provides for transfer of all NEA property to the National Endowment for the Humanities. Requires the Director of the Office of Management and Budget to provide for the termination of the affairs of NEA and NCA.

Bill· HRH.R. 65 (103rd)open

Military Retirement Equity Act of 1993

United States · United States Congress · 5 January 1993

Military Retirement Equity Act of 1993 - Permits retired members of the armed forces to be paid retirement pay concurrently with compensation for any service-connected disability if the person's entitlement to such retirement pay is based solely on age, length of service, or both. Reduces the retirement pay of individuals receiving both types of pay by a specified percentage of the disability compensation which decreases as the disability rating increases. Prohibits any reduction in the retirement pay of a disabled person when the disability rating is total. Declares that, once the Federal budget deficit has been reduced, the Congress should reexamine and eliminate any offset of retired pay by a veteran's disability compensation.

Bill· HRH.R. 139 (103rd)referred

To amend title 23, United States Code, to provide for a maximum speed limit of 65 miles per hour on highways with 4 lanes or more located outside of urbanized areas, and for other purposes.

United States · United States Congress · 5 January 1993

Provides for a maximum speed limit of 65 miles per hour on all highways with four lanes or more open to traffic located outside of urbanized areas. Directs the Secretary of Transportation to study and report to the Congress on the effects on highway safety of increasing the speed limit on such highways.

Bill· HRH.R. 37 (103rd)referred

Social Security Earnings Test Amendments of 1993

United States · United States Congress · 5 January 1993

Social Security Earnings Test Amendments of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to remove the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits. Sets a monthly limit on the amount other OASDI beneficiaries may earn in a taxable year ending in 1994 before incurring a benefit reduction.

Bill· HRH.R. 104 (103rd)referred

Small Business Investment Act of 1993

United States · United States Congress · 5 January 1993

TABLE OF CONTENTS: Title I: Investment Incentives Title II: Accounting Provisions Small Business Investment Act of 1993 - Title I: Investment Incentives - Amends the Internal Revenue Code to increase the dollar limitation on the election to expense certain depreciable business assets. Allows the expensing of certain start-up costs of small businesses. Allows certain adjustments and preferences to not be taken into account in computing the alternative minimum tax for qualified small business activities. Increases the allowable number of shareholders for small business corporations. Title II: Accounting Provisions - Allows an eligible small business to elect to use the inflation-adjusted first-in, first-out inventory method of valuing its inventories. Exempts certain small businesses from the uniform capitalization rules and the special rules for long-term contracts.

Bill· HRH.R. 94 (103rd)referred

To repeal the provisions of the Unemployment Compensation Amendments of 1992 which provide for optional trustee-to-trustee transfers of eligible rollover distributions and impose a withholding tax on distributions not so transferred.

United States · United States Congress · 5 January 1993

Repeals specified portions of the Unemployment Compensation Amendments of 1992 (Public Law 102-318) which: (1) provide for optional trustee-to-trustee transfers of eligible rollover distributions; and (2) impose a withholding tax on distributions not so transferred. Requires the Internal Revenue Code to be applied and administered as if such provisions (and the amendments made by such provisions) had not been enacted.

Bill· HRH.R. 60 (103rd)referred

To amend the Internal Revenue Code of 1986 to allow a credit for the purchase of principal residence by a first-time homebuyer.

United States · United States Congress · 5 January 1993

Amends the Internal Revenue Code to allow a first-time homebuyer who purchases a principal residence a tax credit of ten percent of the purchase price of such residence. Requires such residence to be purchased during the one-year period after the date of enactment of this Act. Limits the credit to $2,500.

Bill· HJRESH.J.Res. 9 (103rd)open

Proposing a Balanced Budget Amendment to the Constitution of the United States.

United States · United States Congress · 5 January 1993

Constitutional Amendment - Requires the Congress, prior to each fiscal year, to adopt a statement in which total Federal outlays do not exceed total receipts, unless a three-fifths vote of both Houses authorizes a specific excess. Limits the rate of increase in receipts in the statement to that of the increase in national income in the previous calendar year, unless law is enacted solely to approve specific additional receipts. Directs the President to submit a balanced budget. Authorizes waiver of these provisions in time of war. Sets a permanent limit on the amount of Federal public debt, prohibiting any increase unless legislation enacted by a three-fifths majority of both Houses become law.

Bill· HJRESH.J.Res. 38 (103rd)open

Proposing an amendment to the Constitution of the United States with respect to the number of terms of office of Members of the Senate and the House of Representatives.

United States · United States Congress · 5 January 1993

Constitutional Amendment - Prohibits a person who has been elected to: (1) the Senate two times from being eligible for election or appointment to the Senate; and (2) the House of Representatives six times from being eligible for election to the House.

Resolution· HRESH.Res. 16 (103rd)open

Expressing the sense of the House of Representatives that any change in the current policy regarding homosexuals in the Armed Forces should be made by law, rather than by Executive order.

United States · United States Congress · 5 January 1993

Expresses the sense of the House of Representatives that any change in the current policy regarding homosexuals in the armed forces (stating that homosexuality is incompatible with military service and requiring the separation from the armed forces of homosexual military personnel) should be made by law, rather than by executive order.

Resolution· HRESH.Res. 26 (103rd)referred

To amend the Rules of the House of Representatives to prohibit putting the question on final passage of any measure until copies of that measure have been available to Members for at least one day.

United States · United States Congress · 5 January 1993

Amends rule XXIII of the Rules of the House of Representatives to make it out of order to put the question upon final passage of any bill or resolution until printed copies of the measure have been available for all Members for at least one day. Provides for the suspension of this Act for a particular bill or resolution in a national emergency upon the joint request of the Speaker and Minority Leader and with an affirmative two-thirds vote.

Resolution· HRESH.Res. 12 (103rd)referred

Providing for mandatory drug testing of Members of the House of Representatives.

United States · United States Congress · 5 January 1993

Directs the Clerk of the House of Representatives to contract with a private entity for the random mandatory testing of House Members for the illegal use of controlled substances. Outlines the procedures for conducting such drug testing, which include providing the Committee on Standards of Official Conduct the results of such tests. Directs the Committee to take action under House rules in the case of positive test results.

Resolution· HCONRESH.Con.Res. 6 (103rd)open

Expressing the sense of the Congress that increasing the effective rate of taxation by lowering the estate tax exemption would devastate homeowners, farmers and small business owners, further hindering the creation of jobs and economic growth.

United States · United States Congress · 5 January 1993

Declares that the Congress opposes any attempt to lower the estate tax exemption or raise the effective rate of taxes on estates because such measures contradict the fundamental goal of the United States Government of encouraging long-term private saving through which productive investment that promotes economic growth can be realized.

Bill· HRH.R. 6134 (102nd)referred

Endangered Species Act Reform Amendments of 1992

United States · United States Congress · 5 October 1992

Endangered Species Act Reform Amendments of 1992 - Title I: Ensuring the Integrity of the Listing, Critical Habitat Designation, and Consultation Processes - Amends the Endangered Species Act of 1973 (the Act) with respect to improved data collection and analysis, peer review, equal access to judicial review, recognition of State, local, and international activities, priority for species preservation, critical habitat designation, and consultation processes. Title II: Providing Significance to the Recovery Planning Process - Amends the Act with respect to ensuring the preparation and use of timely, comprehensive, and effective recovery plans. Requires either the Secretary of the Interior or the Secretary of Commerce, as program responsibilities are vested, to report biennially to specified congressional committees on the status of: (1) efforts to develop and implement recovery plans for listed endangered and threatened species; and (2) all species for which such plans have been developed. Title III: Ensuring that the Compliance Procedures and Standards for Private Landowners and Other non-Federal Persons Are Not More Burdensome, Time-Consuming, or Costly than Those Applicable to Federal Agencies - Amends the Act to: (1) make consultation procedures for Federal agencies available to private landowners and other non-Federal agencies available to private landowners and other non-Federal individuals and entities; (2) include permit or license applicants in consultations concerning Federal agency actions; (3) authorize the issuance of general permits for private and other non-Federal activities which have minimal effect on species listed under the Endangered Species Act of 1973; (4) facilitate the application for, and processing and issuance of, conservation plans for endangered or threatened species; (5) define the "take prohibition" for application in accordance with the intent of the Congress and in a manner providing more precise guidance to all parties wishing to avoid its violation and possible sanctions; (6) establish special limitations on application of take prohibitions; (7) provide for exemptions from the Act for non-Federal individuals and entities and remove payment requirements associated with obtaining such an exemption; and (8) give non-Federal property owners the option of purchase of their property by, or receipt of compensation for diminished value of their property from, the Federal Government when it requires that the property be managed to protect endangered or threatened species. Title IV: Species Enhancement - Amends the Act to authorize the Secretary to: (1) enter into cooperative management agreements for governing the administration and management of areas identified as habitats for listed species; (2) provide grants to private property owners for preserving the habitat of threatened or endangered species; and (3) permit activities otherwise prohibited when such actions are carried out by certain organizations for the sole purpose of promoting species conservation and population enhancement. Provides for guidance for the release of experimental populations. Title V: Reauthorization and Other Amendments - Makes technical amendments regarding application of Endangered Species Act prohibitions to threatened species and citizens suits. Reauthorizes the Endangered Species Act of 1973 at increased levels.

Resolution· HCONRESH.Con.Res. 362 (102nd)referred

Expressing the sense of the Congress that the United States House of Representatives and Senate should pass health care reform initiatives which have received overwhelming bipartisan support, prior to the adjournment of the 102nd Congress.

United States · United States Congress · 24 September 1992

Declares that the leadership of the House of Representatives and of the Senate should work together in a bipartisan manner to pass health care reform initiatives prior to the adjournment of the 102d Congress.

Bill· HRH.R. 5970 (102nd)referred

American Health Care Access Improvements Act of 1992

United States · United States Congress · 17 September 1992

American Health Care Access Improvements Act of 1992 - Title I: Health Care Access Improvements - Subtitle A: Health Insurance Deduction Fairness - Amends the Internal Revenue Code to make permanent and increase from 25 to 100 percent the health insurance tax deduction for the self-employed. Subtitle B: Extension of Special Treatment Rules for Medicare-Dependent, Small Rural Hospitals - Amends title XVIII (Medicare) of the Social Security Act to extend for one year special treatment rules for Medicare-dependent small rural hospitals. Subtitle C: Benefits and Services Requirements for Exemption From Tax for Hospitals - Amends the Internal Revenue Code to set forth requirements for hospitals to maintain tax-exempt status, including: (1) the provision of certain emergency medical care; (2) the acceptance of Medicaid and Medicare patients; and (3) the provision of community health centers and clinics in medically underserved areas. Title II: Insurance Availability - Requires eligible uninsured individuals to register with the Secretary of Health and Human Services for enrollment in a qualified Federal health plan. Provides for the collection of premiums through the income tax system. Authorizes appropriations. Title III: Health Care Cost Containment - Subtitle A: Paperwork and Administrative Expense Reduction - Requires the Director of the Office of Management and Budget to: (1) identify, inventory, and assess the Federal paperwork burden associated with health care services; and (2) establish a goal for reducing such burden in each of the fiscal years 1993 through 1998 by at least five percent of the preceding fiscal year's paperwork burden. Provides a bonus for providers who initiate the use of electronic claims under the Medicare program. Subtitle B: Medical Malpractice Liability Reform - Directs the Secretary of Health and Human Services to make grants to States for the implementation and evaluation of alternative dispute resolution (ADR) systems. Sets forth eligibility requirements for States seeking such grants. Directs the Secretary to award not less than ten such grants each fiscal year, with exceptions. Requires the Secretary to: (1) designate each State receiving such a grant as a model ADR State (making such State eligible for a two-year extension); and (2) disseminate information on the ADR systems implemented by such States to other States, health care professionals and providers, and other interested parties. Directs the Secretary to: (1) develop and promulgate standards and regulations necessary to carry out the grant program, including qualification standards that States must meet to receive grants and regulations establishing State data gathering requirements; (2) take into account, in developing qualification standards, specified factors such as the effectiveness of such systems in supporting access to health care, encouraging improvements in the quality of care, resolving claims promptly, and providing predictable outcomes; (3) provide States with technical assistance; and (4) report to the Congress, within four years of the first grant, describing and evaluating the ADR systems implemented. Specifies that, with respect to any health care liability action brought in a Federal or State court and any medical malpractice claim or medical product liability claim subject to an ADR system: (1) no person may be required to pay more than $100,000 in a single payment in damages (whether for economic or non-economic losses) for expenses to be incurred in the future, but shall be permitted to make periodic payments (as determined by the court); (2) the total amount of damages that may be awarded to an individual and the family members of such individual for non-economic losses may not exceed $250,000; (3) the total amount of damages received by an individual shall be reduced by any other payment that has been or will be made to the individual to compensate such individual for the injury that was the subject of the action or claim; (4) a claimant's attorney's fees may not exceed 25 percent of the first $150,000 of any award or settlement, or 15 percent of any additional amounts, paid to the claimant; (5) the total amount of punitive damages that may be assessed may not exceed twice the total amount of the damages awarded to compensate the claimant for losses resulting from the injury; and (6) the liability of each defendant for non-economic losses shall be several only and not joint, and each defendant shall be liable only for the amount of non-economic losses allocated to the defendant in direct proportion to the defendant's percentage of responsibility. Establishes a two-year statute of limitations for medical malpractice and product liability claims, beginning on the earlier of the date on which the injury that is the subject of the action was discovered or the date it should reasonably have been discovered. Specifies that, in the case of a medical malpractice or product liability claim relating to services provided during labor or the delivery of a baby, if the claimant was not previously treated for the pregnancy by the defendant health care professional or provider a court may not find that the defendant committed malpractice and assess damages against the defendant unless the malpractice is proven by clear and convincing evidence. Bars a defendant from being found to have committed malpractice unless the defendant's conduct at the time of providing the health care services was not reasonable, except where the claimant asserts that the defendant is liable under a strict liability theory. Bars the award of punitive damages with respect to any medical product liability claim alleged against a medical product producer if the drug or device that is the subject of the claim: (1) was subject to approval or premarket approval under the Federal Food, Drug, and Cosmetic Act by the Food and Drug Administration (FDA) with respect to the safety or performance of the drug or device or the adequacy of the packaging or labeling; (2) was approved by FDA; or (3) is generally recognized as safe and effective pursuant to conditions established by FDA and applicable regulations. Makes an exception in the case of withheld information, misrepresentation, or illegal payment to an FDA official for purposes of securing approval of the drug or device. Provides for a separate proceeding to determine punitive damages. Sets forth provisions with respect to: (1) the admissibility of evidence; and (2) criteria for determining the amount of punitive damages. Provides that the U.S. district courts shall not have jurisdiction over health care liability actions based on Federal questions or based on specified provisions concerning commerce and antitrust regulations. Specifies that this title preempts State law only to the extent that State law: (1) permits the recovery by a claimant or the assessment against a defendant of a greater amount of damages; (2) permits the awarding of a greater amount of attorney's fees; (3) establishes a longer period during which medical malpractice or product liability claims may be initiated; or (4) establishes a less strict standard of proof for determining whether a defendant has committed malpractice. Amends the Public Health Service Act to direct the Secretary to encourage the establishment of a nationwide risk retention group (RRG) for community and migrant health centers receiving assistance under such Act. Defines an RRG for purposes of this title as an entity defined in the Liability Risk Retention Act of 1986 that: (1) provides professional liability insurance and other types of profitable insurance approved for issuance by the Secretary to community and migrant health centers; (2) provides insurance that applies to all claims filed against a community or migrant health center after the entity initiates insurance coverage and to claims arising from acts that occurred prior to the initiation of coverage if the claims are not covered by other insurance; and (3) meets such other requirements as the Secretary may establish. Subtitle C: Medical Savings Accounts - Amends the Internal Revenue Code to allow individuals a tax deduction for contributions made to a medical care savings account established for the benefit of an eligible individual. Defines an eligible individual as: (1) one who is not covered by an employer-provided group health plan; or (2) one who is covered by such a plan which is a qualified catastrophic coverage health plan and is not covered by any other health plan. Allows penalty-free withdrawals from such accounts to the extent that amounts in such accounts exceed $15,000. Allows such deduction in arriving at adjusted gross income. Establishes an excise tax for excess contributions to medical care savings accounts and makes such accounts subject to the tax on prohibited transactions. Allows the transfer of unused amounts in flexible spending accounts of cafeteria plans to medical savings accounts. Subtitle D: Estimates of Expenses Prior to Treatment - Requires providers of health care items or services to disclose to individuals prior to their treatment the price to be charged for such items or services, except in cases of emergencies. Subtitle E: Limitation on Exclusion for Employer Provided Health Coverage - Limits the amount excludable from the gross income of an employee for employer-provided health care coverage. Subjects such amount to an inflation adjustment.

Bill· HRH.R. 5733 (102nd)referred

Criminal Alien Deportation and Exclusion Amendments of 1992

United States · United States Congress · 31 July 1992

Criminal Alien Deportation and Exclusion Amendments of 1992 - Amends the Immigration and Nationality Act to provide for the expedited deportation (and subsequent exclusion) of convicted aliens.

Bill· HRH.R. 5567 (102nd)referred

Life Imprisonment for Egregious Recidivists Act of 1992

United States · United States Congress · 8 July 1992

Life Imprisonment for Egregious Recidivists Act of 1992 - Amends the Federal criminal code to require the court, in the case of a conviction for a Federal violent felony, to sentence the defendant to life imprisonment if the defendant has previously been convicted of two other violent felonies.

Bill· HRH.R. 5539 (102nd)referred

Credit Availability and Regulatory Relief Act of 1992

United States · United States Congress · 2 July 1992

Credit Availability and Regulatory Relief Act of 1992 - Title I: Supervisory Reforms - Amends the Federal Deposit Insurance Act to authorize the appropriate Federal banking agency to exempt any insured depository institution owned or controlled by a depository institution holding company from statutory examination requirements if: (1) the agency is satisfied that adequate internal controls and examination procedures exist within the holding company structure; and (2) the institutions owned or controlled by the holding company having at least 80 percent of all insured depository institutions owned or controlled by such holding company have been subjected to onsite examinations. Modifies statutory auditing and reporting requirements in order to reduce the regulatory costs incurred by insured depository institutions. Requires the Small Business Administration together with specified financial institution regulatory agencies to conduct a joint study and report to the Congress on the appropriate methods to obtain the information needed to assess the availability of credit to small businesses, including minority-owned small businesses and small farms. Repeals the existing mandate for certain regulatory standards for safety and soundness. Requires the appropriate Federal banking agencies to review their regulations and adopt uniform regulations. Excludes from bank closure requirements specified branches and automated teller machines. Amends the Federal Reserve Act to modify the aggregate statutory limits on insider lending. Repeals the current statutory mandate with respect to the regulation of interbank risks. Amends the Federal Deposit Insurance Act to change the assessment base calculation for deposit insurance premiums (from the two most recent quarterly call reports of the institution to the next-to-last call report and the one immediately before it). Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to: (1) establish a threshold of $100,000 or less level below which State-certified or State-licensed appraisers are not required for certain Federal real estate-related transactions; and (2) prohibit the States from requiring State-certified or State-licensed appraisers for such transactions. Amends the Community Reinvestment Act of 1977 to set forth guidelines for self-certification of small rural regulated financial institutions that have complied with such Act. Requires the appropriate Federal financial supervisory agency to investigate any allegation filed against a regulated financial institution regarding whether it is helping to meet the credit needs of its community, consistent with safe and sound operation of the institution. Modifies the regulatory the guidelines for such institutions. Amends the Federal Deposit Insurance Act to require: (1) the appropriate Federal banking agencies to jointly establish application requirements to reduce duplicative filings by depository institutions; and (2) the Federal Deposit Insurance Corporation (FDIC) to minimize the regulatory burden imposed upon insured depository institutions. Removes certain interest rate restrictions placed upon depository institutions that are adequately capitalized. Repeals provisions relating to private deposit insurers and deposit institutions lacking Federal deposit insurance. Prohibits the Federal Trade Commission from bringing an action or proceeding against a private deposit insurer for non-compliance with the requirement to complete a certain annual audit within a specified time period. Requires the Secretary to study and report to the Congress on: (1) those measures necessary to ensure adequate public disclosure of depository institutions that lack Federal deposit insurance; and (2) the appropriateness of imposing audit requirements on private deposit insurers. Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to delay the effective dates for specified new requirements for insured financial institutions. Amends the Home Owners' Loan Act to accelerate the effective date by which savings associations may engage in certain affiliate transactions permitted for banks. Title II: Non-Supervisory Reforms - Subtitle A: Expedited Funds Availability and Electronic Transfers - Amends the Expedited Funds Availability Act to eliminate next-day availability schedules for checks drawn on and deposited at an automated teller machine of the same depository institution. Makes the availability schedule for new accounts applicable during the 90-day (currently 30-day) period beginning on the date the account is established. Authorizes the Board of Governors of the Federal Reserve System (the Federal Reserve Board) to establish rules imposing liability and allocating risk of loss among depository institutions and other entities participating in the payments system, including the States and political subdivisions on which checks are drawn. Subtitle B: Amendments to the Truth in Lending Act - Amends the Truth in Lending Act to: (1) exempt from its purview credit transactions involving consumers whose income or net worth exceeds specified thresholds; and (2) prohibit the recovery of punitive damages. Subtitle C: Homeownership Amendments - Amends the Real Estate Settlement Procedures Act of 1974 to exempt lenders who finance the purchase of residential real estate from requirements to provide certain information booklets to borrowers if the lender denies the loan application within three business days after it is received. Amends the Home Mortgage Disclosure Act of 1975 to index the asset size of depository institutions exempt from the Act to increases in the Consumer Price Index. Amends the Competitive Equality Banking Act of 1987 to apply the definition of "adjustable rate mortgage loan" with respect to the interest rate cap to consumer loans only. Prohibits an appropriate Federal banking agency from requiring any depository institution to engage in Fair Housing Act data collection activities if such activities are already required under the Home Mortgage Disclosure Act of 1975. Subtitle D: Amendments to the Truth in Savings Act - Amends the Truth in Savings Act to direct the Federal Reserve to exempt certain broadcast, electronic, or outdoor advertisements from interest-rate disclosure requirements, as well as (at the Board's discretion) interest rate notice boards on the premises of an institution. Authorizes the Board to exempt or modify certain disclosure requirements with respect to specified accounts and interest rates. Limits the civil liability of a depository institution to an accountholder to the actual damages sustained. Subtitle E: Expedited Procedures for Bank Holding Companies - Amends the Bank Holding Company Act to set forth expedited procedures by which banks may reorganize into bank holding companies. Amends the Securities Act of 1933 to: (1) reflect such expedited procedures; and (2) prescribe expedited procedures for bank holding companies to seek approval to engage in nonbanking activities. Amends the Bank Holding Company Act of 1956 and the Federal Deposit Insurance Act to permit, with the concurrence of the Attorney General, the reduction to five days of the post-approval waiting period for bank holding company acquisitions and bank mergers.

Bill· HRH.R. 5421 (102nd)referred

To limit United States contributions to the United Nations Development Program.

United States · United States Congress · 17 June 1992

Prohibits voluntary contributions by the United States to the United Nations Development Program, for any year after 1992, from exceeding 90 percent of the amount of such contribution for 1992. Prohibits the use of such contributions for projects in China, North Korea, Iran, Cuba, Iraq, Jordan, Libya, Yemen, Syria, Vietnam, and Laos.

Resolution· HRESH.Res. 490 (102nd)referred

Relating to the enforcement of United Nations Security Council resolutions calling for the cessation of hostilities in the former territory of Yugoslavia.

United States · United States Congress · 17 June 1992

Calls upon the President to urge the United Nations Security Council to direct the Secretary General of the United Nations to provide a plan and budget for intervention as may be necessary to enforce the Security Council resolutions seeking cessation of hostilities in the former republics of Yugoslavia.

Bill· HRH.R. 5375 (102nd)referred

Community Bank Burden Reduction Act of 1992

United States · United States Congress · 11 June 1992

Community Bank Burden Reduction Act of 1992 - Amends the Community Reinvestment Act of 1977 to set forth conditions under which a regulated financial institution shall not be subject to its examination requirements.

Bill· HRH.R. 5325 (102nd)referred

Action Now Health Care Reform Act of 1992

United States · United States Congress · 4 June 1992

Action Now Health Care Reform Act of 1992 - Title I: Improved Access to Affordable Health Care Coverage - Subtitle A: Increased Affordability and Availability for Employees - Directs the Secretary of Health and Human Services (the Secretary) to request the National Association of Insurance Commissioners (the NAIC) to develop model regulations requiring each carrier that makes available in a State any small employer health benefit plan to make available to each small employer in the State a MedAccess basic plan and a MedAccess standard. Directs the Secretary to develop such regulations, if the NAIC does not. Defines MedAccess plan as a health benefits plan that: (1) provides benefits typical of the benefits offered in the small employer health coverage market or provides only benefits for essential preventive and medical services and has an average actuarial value not exceeding 60 percent of the average actuarial value of the typical benefits offered in the small employer health coverage market; (2) accepts every small employer in the State applying for coverage and accepts for enrollment every eligible individual (defined as an individual who is a full-time employee and, if family coverage is offered, covers the employee's spouse and dependents under age 19 or under age 25 for students); and (3) meets consumer protection standards established by this Act relating to limitation of pre-existing condition clauses, continuity of coverage, renewability, and premium limitations. Prohibits the imposition, by a carrier, of a limitation of benefits based on the fact a condition pre-existed the effectiveness of the policy if: (1) the condition relates to a condition not diagnosed within three months before coverage under the plan; (2) the limitation extends beyond six months after coverage under the plan; (3) the limitation applies to an individual who, as of date of birth, was covered under the plan; and (4) the limitation relates to pregnancy. Requires continuous coverage. Prohibits cancellation of a plan or denial of coverage unless there is: (1) nonpayment of premiums; (2) fraud; (3) noncompliance with plan provisions; (4) failure to maintain the required number of enrollees; (5) misuse of a provider network provision; or (6) a cessation by the carrier of the provision of any plan in a State. Amends the Internal Revenue Code to impose an excise tax which shall be paid by the carrier on the failure of a carrier or an employer health benefit plan to comply with the provisions of the Act. Directs the Secretary to request the NAIC to develop models for reinsurance or allocation of risk mechanisms for individuals and small employers who are enrolled under a small employer health benefit plan that meets the consumer protection standards and for whom a carrier is at risk of incurring high costs under the plan. Requires each State to establish and fund one or more reinsurance or allocation or allocation of risk mechanisms that are consistent with a model. Directs the Secretary to develop models, if the NAIC does not. Permits a State, in order to insure the financial solvency of the mechanism, to impose charges on any entity providing employee-related health benefits, so long as such charges do not discriminate with respect to entities that would not be subject to such charges. Directs the Secretary to establish a reinsurance or allocation of risk mechanism, if a State does not. Imposes an excise tax which shall be paid by the carrier on the providing of any health benefit plan which covers any employee in a Federal reinsurance State. Permits either a State or the Secretary (in a Federal reinsurance State) to require each employer health benefit plan to: (1) be registered; and (2) provide such information as is necessary for the reinsurance or allocation of risk mechanisms. Directs the Secretary to: (1) establish an Office of Private Health Coverage to be headed by a Director appointed by the Secretary; and (2) provide for the appointment of an advisory committee to advise the Director. Permits the Director to research the impact of this subtitle and conduct related demonstration projects. Requires the Director to develop: (1) methods of measuring, in terms of the expected costs of providing benefits under small employer health benefit plans and, in particular, MedAccess plans, the relative health risks of eligible individuals; and (2) a model for equitably distributing health risks among carriers in the small employer health care coverage market. Authorizes appropriations for the purposes of this paragraph. Subtitle B: Improved Small Employer Purchasing Power of Affordable Health Insurance - Preempts from insurance mandates a qualified small employer purchasing group, if the group consists of employers with not more than 100 employees, the group consists of not fewer than 100 employers, and the health benefit plans with respect to the employer members are in compliance with applicable State laws relating to health benefit plans. Subtitle C: Health Deduction Fairness - Amends the Internal Revenue Code to make permanent and increase from 25 to 100 percent the health insurance tax deduction for the self-employed. Subtitle D: Improved Access to Community Health Services - Directs the Secretary to provide for a program of grants to migrant and community health centers receiving grants or contracts under provisions of the Public Health Service Act in order to promote the provision of primary health care services for underserved individuals. Authorizes appropriations. Amends the Public Health Service Act to deem as an employee of the Public Health Service, for purposes of civil actions against commissioned officers or employees, any officer, employee, or contractor who is a physician or other licensed health care practitioner while performing functions for an entity receiving Federal funds under provisions of the Public Health Service Act. Requires an entity, in order to receive a grant under such provisions, to implement certain policies to assure against malpractice. Requires: (1) the Attorney General to estimate the amount of all claims expected, during each year, to arise against such an entity from acts of officers or employees; (2) the Secretary to withhold from grants to such entities the amount estimated; and (3) the withheld amount to be transferred to the Treasury to pay judgments against the United States arising from such claims. Directs the Secretary to make grants to public and nonprofit private entities to carry out demonstration projects for the purpose of increasing access to outpatient primary health services in geographic areas with a: (1) population of not more than 500,000 individuals; (2) shortage of personal health services; and (3) significant number of low-income or underinsured individuals. Sets forth requirements for receiving such grants. Authorizes appropriations. Subtitle E: Improved Access to Rural Health Services - Retitles title XII of the Public Health Service Act "Emergency Medical Services" (formerly, "Trauma Care") and directs the Secretary to establish the Office of Emergency Medical Services which shall, with respect to emergency medical services (including trauma care): (1) conduct research; (2) sponsor workshops; (3) assist States; and (4) coordinate activities. Authorizes the Secretary to make grants to States for the purposes of improving the availability and quality of emergency medical services through the operation of State offices of emergency medical services. Sets forth matching fund requirements. Provides for demonstration projects to establish telecommunications between rural medical facilities and other medical facilities that have equipment that can be utilized through telecommunications. Authorizes appropriations for purposes of the programs of this paragraph. Directs the Secretary to make grants to States to assist in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas access to treatments for the injuries or other conditions arising from such emergencies. Sets forth requirements for grant applications. Authorizes appropriations. Amends title XVIII (Medicare) of the Social Security Act to extend for one year special treatment rules for Medicare-dependent small rural hospitals. Title II: Health Care Cost Containment and Quality Enhancement - Subtitle A: Medical Malpractice Liability Reform - Prohibits bringing a medical malpractice claim: (1) more than two years after the alleged injury should reasonably have been discovered and in no event more than four years after the alleged injury occurred; and (2) in any State court unless there has been an initial resolution through a certified alternative dispute resolution system (ADR). Requires the use of ADR in a Federal medical malpractice liability claim. Requires a pre-trial settlement conference in any medical malpractice liability action. Sets limits on: (1) noneconomic damages; (2) punitive damages; and (3) attorney's fees. Requires offsets for damages paid by a collateral source. Requires liability in a medical malpractice action to be several and not joint. Provides a complete defense to any allegation of negligence in a medical malpractice liability action to any defendant who followed the appropriate practice guideline. Prohibits finding a defendant guilty in a medical malpractice liability action relating to services provided during labor or delivery of a baby if the defendant did not previously treat the plaintiff during the pregnancy, unless the malpractice is proven by clear and convincing evidence. Directs the Secretary to determine whether a States' ADR meets ADR system requirements established by this Act. Establishes such requirements. Amends title XI (General Provisions and Professional Standards Review) of the Social Security Act to earmark funds for sanctioning practice guidelines for purposes of an affirmative defense in medical malpractice liability actions. Permits a State agency responsible for the conduct of disciplinary actions for a type of health care practitioner to enter into agreements with State or county professional societies for such type of health care practitioner to permit such societies to participate in the licensing of such health care practitioner and to review health care malpractice allegations. Requires each State to require each health care professional and provider to participate in a risk management program to prevent and provide early warning of practices which may result in injuries to patients or which otherwise endanger patient safety. Directs the Secretary to make grants for the conduct of basic research in the prevention of and compensation for injuries resulting from health care professional or health care provider malpractice, and research of the outcomes of health care procedures. Authorizes appropriations. Directs the Secretary to study the factors discouraging physicians from volunteering to provide health care services in medically underserved areas. Subtitle B: Administrative Cost Savings - Directs the Secretary to adopt standards relating to each of the following: (1) data elements for use in claims processing under health benefits plans; (2) uniform claim forms; and (3) uniform electronic transmission of the data elements. Authorizes the Secretary to require providers to submit claims to health benefit plans in accordance with such standards. Provides for periodic review of the standards. States that the term "health benefit plan," in this subtitle, includes the Medicare and Medicaid programs (titles XVIII and XIX of the Social Security Act). Requires the Secretary to promulgate standards for hospitals concerning electronic medical data. Permits the Secretary to promulgate standards concerning electronic medical data for providers that are not hospitals. Requires hospitals, in order to participate in Medicare, to: (1) maintain clinical data in a set of comprehensive data elements in electronic form on all patients; and (2) upon the Secretary's request, transmit electronically the data set and any data from such set. Provides for electronic transmission to Federal agencies. Prohibits a health benefit plan, if standards with respect to data elements are promulgated with respect to a class of provider, from requiring for the purpose of utilization review or as a condition of providing benefits under the plan that a provider in the class: (1) provide any data element not in the set of comprehensive data elements; or (2) transmit or present any such data element in a manner inconsistent with applicable standards. Directs the Secretary to establish an advisory commission of hospital executive and data base managers, physicians, health services researchers, and technical experts in the collection and use of data and operation of data systems. Authorizes appropriations for such commission. Requires the Secretary, in order to assure the availability of comparative value information to purchasers of health care in each State, to determine whether each State is developing and implementing a health care value information program that meets stated criteria. Permits grants to a State for the development of its health care value information program. Authorizes appropriations for such grants. Requires the head of each Federal agency with responsibility for the provision of health insurance or health care services to individuals to promptly develop health care value information relating to each program that such head administers. Directs the Secretary to develop model systems to facilitate: (1) the gathering of data on health care cost, quality, and outcome; and (2) analyzing such data to permit the valid comparison of such data. Authorizes appropriations for the development of such model systems. Directs the Secretary to adopt standards relating to the design and use of magnetized Medicare identification cards for the purpose of assisting health care providers in determining eligibility and billing. Authorizes appropriations. Nullifies any State law requiring that medical or health insurance records be maintained in written rather than electronic form. Requires each health benefit plan: (1) for each of its beneficiaries that has a social security number, to use that number as an identification number for claims processing; and (2) for each provider that has a unique identifier for Medicare purposes, to use that identifier for claims processing. Requires the Secretary to determine whether problems relating to the rules for determining liability when benefits are payable under two or more plans or the availability of information among such plans causes significant administrative problems, and if so, directs the Secretary to promulgate standards concerning liability and the transfer of information among plans. Directs the Secretary to provide grants to qualified entities to demonstrate the application of comprehensive information systems in continuously monitoring patient care and in improving patient care. Authorizes appropriations from the Federal Hospital Insurance Trust Fund. Subtitle C: Medical Savings Accounts (Medisave) - Amends the Internal Revenue Code to exclude from the gross income of an employee any amount contributed by the employer to a medical savings account pursuant to a qualified medical savings account plan. Sets contribution limits. Defines a "medical savings account" as a trust created exclusively for purpose of paying an individual's medical expenses. Permits expenses from such account only to the extent such amounts are not compensated for by insurance. Subjects the employee to taxation as owner of the account. Subtitle D: Medicaid Program Flexibility - Amends title XIX (Medicaid) of the Social Security Act to modify Medicaid contracting requirements for coordinated care services. Authorizes the Secretary to waive specified Medicaid requirements with respect to nursing facilities located in a State if the State provides assurances satisfactory to the Secretary that the waiver of such requirements will not adversely affect the quality of life of the residents in such facilities. Subtitle E: Limitations on Physician Self-Referrals - Amends title XVIII (Medicare) of the Social Security Act to extend physician self-referral limitations to all payors as well as to certain additional services. Revises exceptions. Requires the Secretary to conduct a study in order to estimate the changes in aggregate costs for designated health services, under the Medicare program and other health plans, which will result from the implementation of the amendments made by this subtitle. Subtitle F: Removing Restrictions on Managed Care - Preempts managed care restrictions under State law. Requires the Comptroller General to conduct a study of the benefits and cost effectiveness of the use of managed care in the delivery of health services. Subtitle G: Medicare Payment Changes - Amends the Medicare program to make revisions in the methodology for determining updates to Medicare hospital payments. Provides for a reduction in Medicare payment for clinical diagnostic laboratory tests. Subtitle H: Modification of the Operation of the Antitrust Laws to Hospitals - Permits two or more hospitals, without violating the antitrust laws, to share expensive medical services or high technology equipment. Directs the Secretary to grant waivers to exempt hospitals from the antitrust laws in order to carry out agreements permitting such sharing. Sets forth reporting requirements. Subtitle I: Encouraging Enforcement Activities of Medical Self-Regulatory Entities - Prohibits damages, interest on damages, costs, or attorney's fees from being recovered under the Clayton Act or any similar State law from any medical self-regulatory entity as a result of engaging in standard setting or enforcement activities designed to promote the quality of health care provided to patients.

Bill· HRH.R. 5229 (102nd)open

Fundamental Competitiveness Act of 1992

United States · United States Congress · 21 May 1992

Fundamental Competitiveness Act of 1992 - Title I: Public Debt Reduction - Allows individual taxpayers to designate a portion of tax liability (not to exceed ten percent) on their tax returns to reduce the public debt. Establishes the Public Debt Reduction Trust Fund consisting of amounts so designated. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for a sequestration of revenues equivalent to the estimated aggregate amount so designated. Specifies accounts exempted from such sequestration and establishes reporting requirements with respect to budget procedures. Title II: Capital Formation - Establishes a method of computing the credit for increasing research activities based on aggregate research expenses, as an alternative to the method based on qualified research expenses. Establishes a variable capital gains deduction whose formulas on a sliding scale range from ten percent for assets held for one year up to 100 percent for assets held for ten years. Allows a deduction of 50 percent of the capital gain from stock investments by non-corporate taxpayers in start-up companies where initial stock offerings are held for two years. Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangle property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other disposition, solely for the purpose of determining gain or loss. Permits an income tax deduction in the amount of dividends paid by domestic corporations, except S corporations, regulated investment companies, real estate investment trusts, and personal holding companies. Repeals the income tax deductions currently permitted in connection with: (1) dividends received by a corporation; (2) dividends received by a corporation on the preferred stock of a public utility; and (3) dividends paid by a public utility on its preferred stock. Increases the deductible percentage of amounts received by a corporation from a qualified ten-percent owned foreign corporation. Allows a charitable deduction for corporate contributions of employee volunteer services to an educational organization. Establishes an investment tax credit for manufacturing and other productive equipment. Provides for determining the applicable percentage of such credit, which includes an efficiency improvement percentage. Increases the limitation based on the amount of tax for purposes of the general business credit. Provides for the treatment of losses on stock in manufacturing companies as ordinary (as opposed to capital) losses. Allows a partial exclusion of dividends or interest received by an individual. Provides for ordinary-loss treatment for losses on investments in a qualified startup company. Describes such company as one which: (1) manufacture tangible personal property in the United States; (2) does not involve a business acquired from another person; and (3) has not been in existence for more than one taxable year at the time it issued stock. Title III: Antitrust - Amends the Clayton Act to bar the acquisition by one corporation of stock of another, subject to specified conditions, where there is a significant probability that such acquisition will substantially increase the ability to exercise market power (currently, where the effect of such acquisition may be to substantially lessen competition or to tend to create a monopoly). Defines the ability to exercise market power for purposes of such provision as the ability of one or more firms profitably to maintain prices above competitive levels for a significant period of time. Directs the court, in determining whether there is a significant probability that any acquisition will substantially increase the ability to exercise market power, to consider all economic factors relevant to the effect of the acquisition in the affected markets, including: (1) the number and size distribution of firms and the effect of the acquisition thereon; (2) the ease or difficulty of entry by foreign or domestic firms; (3) the ability of smaller firms in the market to increase production in response to an attempt to exercise market power; (4) the nature of the product and terms of sale; (5) conduct of firms in the market; (6) efficiencies deriving from the acquisition; and (7) any other evidence indicating whether the acquisition will or will not substantially increase the ability, unilaterally or collectively, to exercise market power. Amends the National Cooperative Research Act of 1984 to include a joint production venture within the scope of such Act as an activity that shall not be deemed illegal per se under the antitrust laws. Changes the short title of such Act to the National Cooperative Research, Development, and Production Act. Title IV: Business Liability - Subtitle A: Findings - Makes findings with respect to the increasing amount of litigation in our society and the desirability of encouraging alternative dispute mechanisms and providing uniform legal standards in the areas of professional and product liability. Subtitle B: Professionals' Liability Reform - Professionals' Liability Reform Act of 1992 - Establishes certain limitations and procedures regarding professional liability actions. Preempts certain State laws. Provides that nothing in this Act shall prohibit any State from developing or implementing alternative procedures for: (1) expediting the adjudication of professional liability claims; (2) resolving professional liability disputes; or (3) compensating for harm caused by professional services. Requires professional liability actions to be brought within three years after the claimant discovered, or should have discovered, the harm. Requires the claimant, in any professional liability action, to establish: (1) that the professional negligently rendered professional services and that such negligence was the proximate cause of the harm; or (2) in a claim for economic injury, that the professional negligently rendered professional services to and for the direct and intended benefit of the claimant, and such services were the proximate cause of the harm. Requires the claimant to establish that, at the time such services were provided, knowledge of the circumstances that caused the harm and a practical means to eliminate such circumstances were reasonably available. States that a professional shall not be liable in a professional liability action in which: (1) the professional's services were rendered to an agency of the Federal or State government; (2) Federal or State contract specifications existed which were material to the claim; and (3) the services rendered conformed to such specifications. Permits future damage awards exceeding $100,000 to be made by periodic payments. Requires that damage awards be offset by any amount received as compensation for the same injury. Establishes a contingency fee schedule for plaintiffs' attorneys. States that the principles of comparative liability shall apply unless persons engaged in concerted action which proximately caused the harm. Permits the awarding of punitive damages only where the conduct of the defendant: (1) manifested a malicious and reckless disregard for safety; and (2) constituted an extreme departure from accepted standards of safety. States that punitive damages may not be awarded in the absence of a compensatory award, or for the negligent provision of professional services. Requires the trier of fact, at the request of the professional, to consider in a separate proceeding whether punitive damages are to be awarded. Limits the claimant's actual recovery of punitive damages to three times the amount of compensatory damages. States that excess punitive damages shall be paid to the State or Federal government. Makes any attorney who files a frivolous claim subject to pecuniary sanctions by the court. Requires each State to encourage professional organizations to form risk management programs. Subtitle C: Product Liability Fairness - Part I: General Provisions - Product Liability Fairness Act - Declares that this Act governs any product liability action brought against a manufacturer or product seller, on any theory, for harm caused by a product. States that a civil action brought against a manufacturer or product seller for loss or damage to a product itself or commercial loss shall be governed by applicable commercial or contract law. Supersedes any inconsistent State law regarding recovery in such actions. Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act and the Longshore and Harbor Workers' Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; (5) the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or citizen on the ground of inconvenient forum; and (6) any statutory or common law cause of action, including an action to abate a nuisance, that authorizes a State or person to institute an action for civil damages or civil penalties, clean up costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief from contamination or pollution of the environment or the threat of it. Declares that U.S. district courts shall not have jurisdiction over any civil action under this Act, based on specified provisions of Federal law relating to district court jurisdiction. Declares that, if any provision of this Act would shorten the period during which a manufacturer or seller would otherwise be exposed to liability, the claimant may, notwithstanding that period, bring any civil action under this Act within one year after the effective date of this Act. Part II: Out of Court Procedures - Allows any claimant to bring a civil action for damages against a person for harm caused by a product under applicable State law, except to the extent such law is superseded by this title. Sets forth expedited settlement measures, including: (1) an option to include an offer of settlement, for a specific dollar amount, by the plaintiff in the complaint and by the defendant in a responsive pleading; and (2) awarding attorney's fees and costs, in certain circumstances, to the prevailing party if the other party does not accept the settlement offer. Sets forth alternative dispute resolution procedures, including: (1) an option, in lieu of or in addition to a settlement offer, for a claimant or a defendant to offer to proceed under any voluntary alternative dispute resolution procedure established or recognized under the law of the State in which the action is brought or maintained; and (2) awarding of attorney's fees and costs to the offering party if the court determines that a refusal to so proceed was unreasonable or not in good faith. Creates a rebuttable presumption that a refusal to so proceed was unreasonable, or not in good faith, if a verdict is rendered in favor of the offeror. Part III: Court Procedures - Allows a person seeking to recover for harm caused by a product to bring a civil action against the manufacturer or seller under applicable State or Federal law, except to the extent such law is superseded by this Act. Establishes a standard of product seller liability for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of negligence or express warranty. Allows the trier of fact, in a negligence action, to consider the conduct of the seller with respect to: (1) the construction, inspection, or condition of the product; and (2) failure to pass on warnings or instructions from the manufacturer. Deems the seller not liable for failure to provide warnings or instructions unless the claimant establishes that the seller failed to: (1) provide warnings or instructions received while the product was in the seller's possession and control; or (2) make reasonable efforts to provide users with warnings and instructions which it received after the product left its possession and control. Deems a seller not liable except for breach of warranty where there was no opportunity to inspect the product in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Declares that the seller shall be treated as the manufacturer and be liable for harm caused by a product as if it were the manufacturer if: (1) the manufacturer is not subject to service of process in any State in which the action might have been brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Allows punitive damages, if otherwise permitted by applicable law, to be awarded in any civil action under this title to any claimant who establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting a manufacturer's or product seller's conscious, flagrant indifference to the safety of those persons who might be harmed by a product. Declares that a failure to exercise reasonable care in choosing among alternative product designs, formulations, instructions, or warnings is not of itself such conduct. Prohibits awarding punitive damages in the absence of a compensatory award, subject to exception. Prohibits punitive damages against a manufacturer or seller of a drug or medical device where: (1) the drug or device was subject to pre-market approval by the Food and Drug Administration (FDA); or (2) the drug is generally recognized as safe and effective under conditions established by the FDA. Prohibits punitive damages against a manufacturer of an aircraft where: (1) the aircraft was subject to pre-market certification by the Federal Aviation Administration (FAA); and (2) the manufacturer complied, after delivery, with FAA requirements and obligations with respect to continuing airworthiness. Provides for separate proceedings, if requested by the manufacturer or seller, with regard to punitive damages. Lists factors the trier of fact is allowed to consider in determining the amount of punitive damages. Bars any civil action under this title: (1) unless filed within two years after the claimant discovered or should have discovered the harm and its cause, subject to exception; and (2) if the product involved is a capital good that is alleged to have caused harm which is not a toxic harm unless filed within twenty-five years after delivery of the product, provided the claimant has received or would be eligible for State or Federal workers' compensation. Excludes a motor vehicle, vessel, aircraft, or railroad used primarily to transport passengers for hire from these time limitations. States that nothing in these provisions affects the right of any person who is subject to liability under this Act to obtain contribution or indemnity from any other person who is responsible for the harm. Requires reduction in the damages awarded by the sum of all State or Federal workers' compensation benefits to which the employee is or would be entitled. Requires a claimant in a civil action under this title who is or may be eligible to receive State or Federal workers' compensation to notify the claimant's employer of the civil action. Requires an action to be stayed, at the sole discretion of the claimant, until a final determination is made on the amount payable as workers' compensation benefits. Declares that, unless the manufacturer or seller has expressly agreed to indemnify or hold an employer harmless, neither the employer nor the workers' compensation insurance carrier shall have a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery, except if the claimant's harm was not in any way caused by the fault of the claimant's employer or co-employees. Allows the employer or workers' compensation insurer to intervene in the action to prove that fact. Prohibits a third party tortfeasor, where workers' compensation is involved, from maintaining any action for implied indemnity or contribution against the employer, any coemployee, or the exclusive representative of the injured person. Prohibits, for a person who is or would have been entitled to receive workers' compensation, any other action, unless a State or Federal workers' compensation law permits recovery based on a claim of an intentional tort. Makes these provisions inapplicable and declares that applicable State law shall control if the employer or the workers' compensation insurer asserts a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery. Declares that, in any product liability action, the liability of each defendant for noneconomic damages shall be several and not joint. Requires the trier of fact to determine the proportion of responsibility of each party for the claimant's harm. Establishes a complete defense, in any civil action under this Act in which all defendants are manufacturers or sellers, that the claimant was under the influence of alcohol or any drug and that, as a result, the claimant was more than 50 percent responsible for the event which resulted in the harm. Defines "drug" to mean any non-over-the-counter drug which has not been prescribed by a physician. Title V: Long-Term Investment - Long-Term Investment Promotion Act of 1992 - Amends the Securities Exchange Act of 1934 to eliminate the requirement that publicly-held corporations report their financial status on a quarterly basis. Title VI: Competitiveness Risk Assessment - Declares that no agency shall propose or promulgate a regulation without first analyzing its direct and indirect effects on the health and safety of consumers and workers, including effects due to wage and job losses, price increases, product restrictions, technological delays, and substitution effects. Title VII: Department of Manufacturing And Commerce - Department of Manufacturing and Commerce Act of 1992 - Renames the Department of Commerce as the Department of Manufacturing and Commerce. Requires the President to establish a Manufacturing Advisory Commission to examine Federal agencies, programs, and offices responsible for manufacturing-related research and development, technology transfer, education, and trade in order to prepare a report for the Congress on the feasibility of consolidating such agencies, programs, and offices into a single Office of Manufacturing within the Department of Manufacturing and Commerce. Title VIII: Amendments to the Stevenson-Wydler Technology Innovation Act of 1980 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to change from discretionary to mandatory a Federal agency's authority to permit the director of any of its laboratories to enter into cooperative research and development agreements on its behalf. Authorizes each Federal agency to copyright on behalf of the United States any computer software prepared in whole or in part by Government employees involved in cooperative research and development agreements. Includes software royalties in the current distribution format (agency, laboratory, author, and Treasury) under such Act.

Bill· HRH.R. 5250 (102nd)referred

Medical Cost Containment Act of 1992

United States · United States Congress · 21 May 1992

Medical Cost Containment Act of 1992 - Amends the Internal Revenue Code to exclude from gross income medical care savings benefits. Describes such benefits as a health plan which provides that all or part of the premium differential realized by instituting a qualified higher deductible health plan is credited to participating employees to pay for medical care for a plan year. Requires amounts remaining at the end of such plan year to be deposited into a tax-exempt medical care savings account (subject to rules similar to those for retirement plans) for use by the participant for medical expenses.

Bill· HRH.R. 5167 (102nd)referred

To reduce the amounts appropriated to the Department of Education to increase grants to State and local educational agencies and to reduce the Federal budget deficit.

United States · United States Congress · 14 May 1992

Directs the Secretary of Education to decrease Department of Education personnel costs by ten percent from amounts appropriated for FY 1993 and 1994. Requires that: (1) 90 percent of the savings from such reduction be transferred to local education agencies in accordance with State aid distribution formulas; and (2) the remaining ten percent be used to reduce the Federal budget deficit. Provides that nothing in this Act shall be construed to replace or reduce State and local government funding for education programs.

Law· HRH.R. 5126 (102nd)enacted

Civil War Battlefield Commemorative Coin Act of 1992

United States · United States Congress · 7 May 1992

Civil War Battlefield Commemorative Coin Act of 1992 - Directs the Secretary of the Treasury to issue a specified number of five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins to commemorate the 100th anniversary of Civil War battlefield preservation. Sets forth certain features of such coins and provides for their design, issuance, and sale. Requires that all sales include a surcharge of $35 per coin for the five-dollar coins, $7 per coin for the one-dollar coins, and $1 per coin for the half-dollar coins. Requires that all surcharges be paid to the Civil War Battlefield Foundation for the preservation of historically significant Civil War battlefields.

Bill· HJRESH.J.Res. 478 (102nd)referred

Designating September 18, 1992, as "National POW/MIA Recognition Day", and authorizing display of the National League of Families POW/MIA flag.

United States · United States Congress · 5 May 1992

Designates September 18, 1992, as National POW/MIA Recognition Day. Requires the POW/MIA flag to be flown on a flagstaff of the White House, the Departments of State, Defense, and Veterans Affairs, the Selective Service Commission, each national cemetery, and the National Vietnam Veterans Memorial on such day. Requires the flag to be flown on a flagstaff of each national cemetery and the National Vietnam Veterans Memorial on May 30, 1992 (Memorial Day), and on November 11, 1992 (Veterans Day). States that the flag shall be displayed as a symbol of national concern and commitment to resolving the fates of Americans still prisoner, missing, and unaccounted for.

Resolution· HCONRESH.Con.Res. 307 (102nd)referred

Expressing the sense of the Congress that the President should extend for a period of one year the 90-day moratorium on new unnecessary federal regulations.

United States · United States Congress · 8 April 1992

Expresses the sense of the Congress that the President should extend for one year the 90-day moratorium on new unnecessary Federal regulations ordered in the President's Memorandum on Reducing the Burden of Government Regulations, dated January 28, 1992.