United States · United States Congress · 13 January 1995
Congressional Annuity Reform Act of 1995 - Amends provisions concerning the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) to: (1) limit the maximum CSRS annuity payable to Members of Congress with respect to cost of living adjustments (COLAs) to the final pay of the Member with respect to whom the annuity is paid; and (2) make other changes in the computation of CSRS and FERS annuities payable to Members, including eliminating adjustments for previous service as a congressional employee. Provides for the deduction and withholding of seven percent (currently, eight and seven and a half percent, respectively) of the basic pay of a Member or congressional employee under CSRS, thus making such deduction and withholding equivalent to that of a Federal employee. Makes deductions and withholding under FERS for Members and congressional employees conform to those of Federal employees as well. Makes provisions of this Act regarding: (1) COLA adjustments and Member annuities applicable to annuities commencing on or after November 6, 1996; (2) computation of annuities and years of service applicable to service performed after such date; and (3) contribution rates applicable in the first pay period beginning on or after such date.
United States · United States Congress · 12 January 1995
Regulatory Transition Act of 1995 - Establishes a moratorium on Federal regulatory rulemaking actions from November 9, 1994, through June 30, 1995, with certain emergency exceptions for presidentially designated imminent threats to health or safety, or actions necessary for enforcement of criminal laws. Suspends until July 1, 1995, starting 30 days after enactment of this Act, the effectiveness of any such action taken after November 9, 1994, but before enactment of this Act. Requires the President to inventory and publish in the Federal Register a list of all covered regulatory rulemaking actions pending on the date of enactment of this Act. Authorizes civil actions by anyone adversely affected by any conduct of a Federal agency in violation of this Act.
United States · United States Congress · 12 January 1995
Constitutional Amendment - Grants the President line item veto power with respect to any item of spending authority in a bill (including any vote, resolution, or order that contains such item).
United States · United States Congress · 11 January 1995
Farm, Ranch, and Homestead Protection Act of 1995 - Amends the Endangered Species Act of 1973 to prohibit the Secretary of the Interior, until the Act's reauthorization, from: (1) determining that a species is an endangered or threatened species; or (2) designating a species habitat as a critical habitat. Exempts Federal agencies, until the Act's reauthorization, from complying with specified requirements, including: (1) carrying out programs for the conservation of threatened and endangered species; and (2) insuring that Federal actions are not likely to jeopardize the continued existence of endangered or threatened species or result in the destruction of habitat.
United States · United States Congress · 4 January 1995
Amends the Congressional Budget Act of 1974 to prohibit the House of Representatives or the Senate from considering any bill, joint resolution, amendment, motion, or conference report that increases a tax and applies such increase to taxable years beginning before the date of the enactment of the law. Provides that a point of order raised under any such measure may be waived only by a three-fifths vote in the Senate.
United States · United States Congress · 4 January 1995
Local Empowerment and Flexibility Act of 1995 - Creates a Flexibility Council composed of specified Cabinet Secretaries, agency heads, and presidential assistants. Provides for Federal financial assistance to local governments and organizations (but not to States or direct beneficiaries) in accordance with local flexibility plans approved by the Council in order to enable local governments and private, nonprofit organizations to work together to address the particular service needs and problems of their communities by specially combining funds from and adapting such assistance programs. Requires local governments to submit an application for a local flexibility plan to the State Governor for initial analysis, or if the Governor fails to act within 30 days, to the Flexibility Council directly for review and approval under specified conditions. Requires such a plan to improve the effectiveness and efficiency of providing benefits under covered Federal programs included in the plan by reducing administrative inflexibility, duplication, and unnecessary expenditures. Requires a local government to: (1) periodically evaluate the effectiveness of its plan and report on it to the Flexibility Council; and (2) establish a community advisory committee to advise it in developing and implementing a plan. Authorizes the Council, by majority vote, to waive any requirement under a covered Federal financial assistance program if the waiver is reasonably necessary to implement a plan. Requires the: (1) Council to report to the President and the Congress on the regulations most frequently waived by it for local governments, with the President to determine whether such regulations should be amended or terminated; and (2) Comptroller General to report to the Congress on the effectiveness of this Act. Authorizes the Council to provide, or direct a Federal agency head to provide, technical assistance to a local government or qualified organization in developing information necessary for the design or implementation of a local flexibility plan. Provides guidelines for extending this Act (scheduled to terminate five years after enactment) through the enactment of a specified congressional resolution.
United States · United States Congress · 4 January 1995
Davis-Bacon Repeal Act - Repeals the Davis-Bacon Act (an Act which requires that the locally prevailing wage rate be paid to various classes of laborers and mechanics working under federally-financed or federally-assisted contracts for construction, alteration, and repair of public buildings or public works). Repeals the Copeland Act (an Act which requires certain payroll information reports from Federal contractors to prevent kickbacks).
United States · United States Congress · 4 January 1995
Legislative Line Item Veto Act of 1995 - Amends the Congressional Budget and Impoundment Control Act of 1974 to grant 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; and (3) will not harm the national interest. Makes such a rescission effective unless the Congress, during a review period, enacts a rescission disapproval bill.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Legislative Accountability and Reform Title II: Regulatory Accountability and Reform Title III: Review of Unfunded Federal Mandates Title IV: Judicial Review Unfunded Mandate Reform Act of 1995 - Prohibits the application of this Act to any proposed Federal legislation or proposed or final Federal regulation that: (1) enforces the constitutional rights of individuals; (2) establishes or enforces any statutory rights that prohibit various specified types of discrimination; (3) requires compliance with accounting and auditing procedures with respect to grants or other money or property provided by the Federal Government; (4) provides for emergency assistance or relief at the request of any State, local, or tribal government (small government); or (5) is designed as emergency legislation or is necessary for national security or international treaty purposes. Requires each Federal agency to provide to the Director of the Congressional Budget Office (CBO) such information and assistance as the Director may reasonably request to assist him or her in carrying out this Act. Title I: Legislative Accountability and Reform - Amends the Congressional Budget and Impoundment Control Act of 1974 and the Congressional Budget Act of 1974 with respect to unfunded Federal mandates. (Sec. 101) Includes tribal governments and the private sector within the purview of mandate analysis by CBO and congressional committees. Requires authorization committees to identify to CBO any Federal mandates in legislation ordered to be reported. Requires the report accompanying any reported legislation with a Federal mandate to contain statements on whether the legislation is intended to preempt any State, local, or tribal law (and the reasons for such intention), as well as individual mandate descriptions, cost-benefit analyses, and statements regarding Federal financial assistance to State, local, and tribal governments for meeting mandate costs. Requires the CBO Director, for each piece of legislation, to prepare and submit the authorizing committee certain statements estimating the direct costs of mandate compliance and the amount of new or increased Federal financial assistance needed to meet such costs, if the estimates indicate at least a $50 million per fiscal year direct cost of all intergovernmental mandates in the legislation, or a $200 million per fiscal year direct cost of private sector mandates. Makes it out of order for the Senate to consider: (1) any reported nonappropriations legislation unless it has a CBO Director report; or (2) any reported nonappropriations legislation containing a Federal intergovernmental mandate with direct costs exceeding the thresholds specified by this Act, unless it provides for new or increased budget, entitlement, or direct spending authority or makes other specified arrangements for each fiscal year to ensure that Federal funds equal or exceed the estimated direct costs of the mandate, or that State, local, and tribal programmatic and financial responsibilities are reduced so they do not exceed the amount of Federal funding. Gives the House Committee on Government Reform and Oversight and the Senate Committee on Governmental Affairs final authority to determine questions on the applicability of this Act to pending bills, joint resolutions, amendments, motions, or conference reports. Requires the direct costs of a Federal mandate for a fiscal year to be determined based on estimates by congressional budget committees. Provides that it shall not be in order in the House of Representatives to consider a rule or order waiving application of these provisions to a bill or joint resolution reported by an authorization committee. (Sec. 102) Amends House rules with regard to the Committee of the Whole and Committee on Rules: (1) to make it always in order in the former to strike from the portion of any bill open to amendment any Federal mandate whose direct costs exceed the prescribed threshold; and (2) to require the latter to include in its reports on waived points of order a separate item identifying all waivers of points of order relating to Federal mandates. (Sec. 103) Provides that, at the request of any congressional committee, the CBO Director shall: (1) consult with and assist it in analyzing the budgetary or financial impact of any proposed legislation that may have a significant impact on the State, local, or tribal government involved or on the private sector; and (2) study any legislative proposal containing a Federal mandate. Requires the CBO Director to conduct continuing studies to enhance comparisons of budget outlays, credit authority, and tax expenditures. Requires any congressional committee that anticipates considering any legislative proposal establishing, amending, or reauthorizing any Federal program likely to have a significant impact on any State, local, or tribal government or on the private sector to include its views and estimates on that proposal to the applicable budget committee. (Sec. 104) Authorizes appropriations to CBO to carry out this Act. (Sec. 106) Repeals the State and Local Government Cost Estimate Act of 1981. Title II: Regulatory Accountability and Reform - Requires each Federal agency to: (1) assess the effects of Federal regulations on State, local, and tribal governments (other than to the extent that such regulations incorporate requirements specifically set forth in legislation) and the private sector, including specifically the availability of resources to carry out any Federal mandates in those regulations; and (2) seek to minimize those burdens that uniquely or significantly affect such governmental entities, consistent with achieving statutory and regulatory objectives. (Sec. 201) Directs each agency to permit elected officials and other representatives of State, local, and tribal governments to provide meaningful and timely input in the development of regulatory proposals containing significant Federal mandates. Requires each agency: (1) before establishing regulatory requirements, to develop plans for notifying small governments of such requirements; and (2) before promulgating any final rule that includes any Federal intergovernmental mandate that may result in State, local, or tribal government and private sector expenditures, in the aggregate, of $100 million or more in any one year, to prepare a written statement of specified estimates and analyses for forwarding to the CBO Director. Authorizes appropriations. (Sec. 204) Directs the Director of the Office of Management and Budget to establish pilot programs in at least two agencies to test innovative approaches to reducing reporting and compliance burdens on small governments. Title III: Review of Unfunded Federal Mandates - Establishes the Commission on Unfunded Federal Mandates to investigate and review the role of unfunded Federal mandates in intergovernmental relations and their impact on local, State, and Federal government objectives and responsibilities. Requires the Commission to make recommendations to the President and the Congress with regard to: (1) consolidating or simplifying unfunded Federal mandates in order to facilitate compliance by State, local, and tribal governments, especially with respect to specific mandates for which the terms of compliance are unnecessarily rigid or complex; (2) terminating unfunded mandates which are duplicative, obsolete, or lacking in practical utility; and (3) temporarily suspending those unfunded mandates which are not vital to public health and safety and which compound the fiscal difficulties of State, local, and tribal governments. (Sec. 307) Authorizes appropriations. Title IV: Judicial Review - Disallows judicial review under this Act.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: General Title II: Extension of Rights and Protections Part A: Employment Discrimination, Family and Medical Leave, Fair Labor Standards, Employee Polygraph Protection, Worker Adjustment and Retraining, Employment and Reemployment of Veterans, and Intimidation Part B: Public Services and Accommodations Under the Americans with Disabilities Act of 1990 Part C: Occupational Safety and Health Act of 1970 Part D: Labor-Management Relations Part E: General Part F: Study Title III: Office of Compliance Title IV: Administrative and Judicial Dispute-Resolution Procedures Title V: Miscellaneous Provisions Congressional Accountability Act of 1995 - Title I: General - Applies provisions of the following laws to the legislative branch: (1) the Fair Labor Standards Act of 1938 (FLSA); (2) Title VII of the Civil Rights Act of 1964; (3) the Americans with Disabilities Act of 1990 (ADA); (4) the Age Discrimination in Employment Act of 1967 (ADEA); (5) the Family and Medical Leave Act of 1993 (FMLA); (6) the Occupational Safety and Health Act of 1970 (OSHA); (7) provisions regarding Federal labor-management relations; (8) the Employee Polygraph Protection Act of 1988 (EPPA); (9) the Worker Adjustment and Retraining Notification Act (WARN); (10) the Rehabilitation Act of 1973; and (11) the Uniformed Services Employment and Reemployment Rights Act of 1994. Requires the Board of Directors (Board) of the Office of Compliance (established by this Act) to: (1) review provisions of Federal laws and regulations relating to the terms and conditions of employment (including protection from discrimination in personnel actions, occupational health and safety, and family, medical, and other leave) of employees and access to public services and accommodations; and (2) report on December 31, 1996, and biennially thereafter, on whether or to what degree such provisions are applicable or inapplicable to the legislative branch and if inapplicable whether they should be made applicable. Requires each report of a congressional committee accompanying any bill or joint resolution relating to terms and conditions of employment or access to public services or accommodations to: (1) describe the manner in which the provisions of the bill or joint resolution apply to the legislative branch; or (2) if the provisions do not apply, include a statement of the reasons why. Makes it out of order, on the objection of any Member, for the Senate or the House of Representatives to consider such bill or joint resolution if the report of the committee on the measure does not comply with this Act. Allows such requirement to be waived in either House by a majority vote of that House. Title II: Extension of Rights and Protections - Part A: Employment Discrimination, Family and Medical Leave, Fair Labor Standards, Employee Polygraph Protection, Worker Adjustment and Retraining, Employment and Reemployment of Veterans, and Intimidation - Requires all personnel actions affecting covered employees to be made free from any discrimination based on race, color, religion, sex, national origin, age, or disability. Defines a "covered employee" as an employee of the House, the Senate, the Capitol Guide Service, the Capitol Police, the Congressional Budget Office (CBO), the Office of the Architect of the Capitol (AOC), the Office of the Attending Physician, the Office of Compliance, or the Office of Technology Assessment (OTA). Makes available the remedies awarded under the Civil Rights Act of 1964, the ADEA, the Rehabilitation Act of 1973, and the ADA, as appropriate, for discrimination violations affecting covered employees. Amends the Civil Rights Act of 1964 and the ADEA to apply their protection and remedies to the Government Printing Office (GPO) and the General Accounting Office (GAO). Extends coverage under the ADA to GPO and GAO. Makes specified remedies and procedures set forth in the Civil Rights Act of 1964 available to any employee of an instrumentality of the Congress who alleges a violation of the rights and protections under the ADA, except that the authorities of the Equal Employment Opportunity Commission shall be exercised by the chief official of the instrumentality of the Congress. (Sec. 202) Applies the rights, protections, and remedies of the FMLA, EPPA, WARN (with regard to closures or mass layoffs), and veterans' employment and reemployment rights to covered employees, GAO, and the Library of Congress. Applies the FLSA to covered employees and GPO. Prohibits covered employees from receiving compensatory time in lieu of overtime compensation. Provides that nothing in this Act shall preclude the Capitol Police from using lie detector tests in accordance with prescribed regulations under this Act. (Sec. 207) Makes it unlawful for an employing office to intimidate, take reprisal against, or otherwise discriminate against, any covered employee for opposing any practice made unlawful by this Act, or for initiating proceedings, making charges, or testifying, assisting, or participating in any manner in a hearing or other proceeding under this Act. Provides that the remedy available for such violation shall be such legal or equitable remedy as would be appropriate. Part B: Public Services and Accommodations under the Americans with Disabilities Act of 1990 - Applies the rights and protections against discrimination in the provision of public services and accommodations under the ADA to the Senate, the House, congressional and joint committees, the Capitol Guide Service, the Capitol Police, CBO, AOC, the Office of the Attending Physician, the Office, and OTA. Makes available specified remedies awarded under the ADA, as appropriate, except that with respect to any claim of employment discrimination asserted by any covered employee, the exclusive remedy under this title shall apply. Describes procedures to remedy other ADA violations, including filing a charge with the General Counsel of the Office, mediation, and judicial review. Makes specified remedies and procedures under the Civil Rights Act of 1964 available to disabled visitors, guests, or patrons of instrumentalities of the Congress (GAO, GPO, and the Library) who allege violations under ADA provisions described by this part. Part C: Occupational Safety and Health Act of 1970 - Directs each employing office (including GAO and the Library) and covered employees to comply with OSHA. Requires the remedy for an OSHA violation to be an order to correct the violation. Establishes procedures for such remedies, including granting the General Counsel and the Board certain authorities exercised by the Secretary of Labor under OSHA. Part D: Labor-Management Relations - Applies Federal labor- management relations provisions to employing offices and covered employees. Grants the Board and the General Counsel specified authorities of the Federal Labor Relations Authority to enforce such provisions. Part E: General - Allows the hearing officer, Board, or court, as the case may be, to award attorney's fees, expert witness fees, and other costs as would be appropriate under the Civil Rights Act of 1964 to a covered employee with respect to a claim under this Act or a qualified person with a disability with respect to a claim under the ADA. Prohibits a civil penalty or punitive damages from being awarded with respect to any claim under this Act. Bars persons other than veterans from commencing an administrative or judicial proceeding to seek a remedy for the rights and protections afforded by this Act except as provided in this Act. Provides that only a covered employee who has undertaken and completed the employee counseling and mediation procedures described in this Act may be granted a remedy under Part A of this title. Part F: Study - Directs the Administrative Conference of the United States to study the application of the following laws to GAO, GPO, and the Library of Congress and the regulations and procedures used by such entities to apply and enforce such laws: (1) title VII of the Civil Rights Act of 1964; (2) the ADEA; (3) the ADA; (4) the FMLA; (5) the FLSA; (6) OSHA; (7) the Rehabilitation Act of 1973; (8) Federal labor-management relations provisions; (9) the General Accounting Office Personnel Act of 1980; (10) the EPPA; (11) the WARN; and (12) provisions regarding veterans' employment and reemployment rights. Title III: Office of Compliance - Establishes in the legislative branch an Office of Compliance (Office) to carry out: (1) a program of education for Members of Congress and other employing authorities of the legislative branch respecting the laws made applicable to them; and (2) a program to inform individuals of their rights under such laws. Requires the Board Chair to appoint an Executive Director, a Deputy Executive Director for the Senate, and a Deputy Executive Director for the House of Representatives. (Sec. 304) Sets forth procedures for congressional approval of the Board's regulations required under title II to implement this Act, including regulations on the appropriate application of exemptions under the laws made applicable in such title. (Sec. 305) Authorizes appropriations. Title IV: Administrative and Judicial Dispute-Resolution Procedures - Sets forth procedures for counseling, mediation, election of proceedings, hearings, judicial review of Board decisions and enforcement, civil actions, and judicial review of regulations issued by the Board with respect to consideration of alleged violations of Part A of title II. (Sec. 410) Prohibits judicial review of actions taken pursuant to this Act, except as expressly authorized by this title. (Sec. 415) Authorizes appropriations for the establishment of an account in the Treasury for the Office for payment of awards and settlements under this Act. Prohibits funds in the account from being available for awards and settlements involving GAO, GPO, and the Library. Authorizes appropriations for funds for: (1) administrative, personnel, and similar expenses of employing offices which are needed to comply with this Act; and (2) the correction of OSHA and ADA accommodation and access violations. (Sec. 416) Makes all counseling, mediation, and hearings and deliberations of the Board confidential. Permits the records of hearing officers and the Board to be made public if required for judicial review. Authorizes the House Committee on Standards of Official Conduct and the Senate Select Committee on Ethics to have access to hearing records and decisions after the issuance of a final decision on a complaint. Title V: Miscellaneous Provisions - Provides that it shall not be a violation of any provision of Section 201 to consider the party affiliation, domicile, or political compatibility, with respect to employment decisions, of employees who are: (1) on the staff of the House or Senate leadership; (2) on the staff of congressional committees, joint committees, or subcommittees; (3) on the staff of Members of the House or Senators; (4) officers of the House or the Senate or elected or appointed congressional staff; or (5) applicants for any such positions. (Sec. 503) Provides that the Senate Select Committee on Ethics and the House Committee on Standards of Official Conduct retain full power with respect to the discipline of Members, officers, and employees for violating rules of the Senate and House on nondiscrimination in employment. (Sec. 505) Requires the Judicial Conference of the United States to report to the Congress on the application to the judicial branch of: (1) the FLSA; (2) title VII of the Civil Rights Act of 1964; (3) the ADA; (4) the ADEA; (5) the FMLA; (6) OSHA; (7) Federal labor- management relations provisions; (8) the EPPA; (9) the WARN; (10) the Rehabilitation Act of 1973; and (11) veterans' employment and reemployment provisions. Requires the report to include any recommendations the Judicial Conference may have for legislation to provide judicial branch employees with the rights, protections, and procedures under such laws, including administrative and judicial relief, that are comparable to those available to legislative branch employees under titles I through IV of this Act. (Sec. 506) Sets forth transitional provisions with respect to certain existing claims.
United States · United States Congress · 4 January 1995
Private Property Rights Restoration Act - Grants the owner of real property a cause of action against the United States if: (1) the application of a statute, regulation, rule, guideline, or policy of the United States restricts, limits, or otherwise infringes a right to real property that would otherwise exist; and (2) such application would result in a discrete and non-negligible reduction in the fair market value of the affected portion of real property. Specifies that a prima facie case shall be established if the Government action results in a temporary or permanent diminution of fair market value of the affected portion of real property of the lesser of 25 percent or more, or $10,000 or more. Sets forth provisions regarding: (1) jurisdiction; (2) recovery amount; (3) a public nuisance exception; (4) award of costs to a prevailing plaintiff; and (5) the applicable statute of limitations.
United States · United States Congress · 4 January 1995
Amends Federal law to prohibit any State from imposing an income tax on the pension income of any individual who is not a resident or domiciliary of that State.
United States · United States Congress · 4 January 1995
Private Property Rights Act of 1995 - States that the Congress declares that the Federal Government should protect the health, safety, and welfare of the public and, in doing so, to the extent practicable, avoid takings of private property. Directs Federal agencies to complete a private property taking impact analysis before issuing or promulgating any policy, regulation, proposed legislation, or related agency action which is likely to result in a taking of private property. Exempts from such requirement certain: (1) actions in which the power of eminent domain is formally exercised; (2) any action taken with respect to property held in trust by the United States or in connection with treaty negotiations; (3) law enforcement actions; (4) communications between a Federal agency and a State or local land-use planning agency about a proposed State or local activity regulating private property; (5) military activities or military or foreign affairs functions; and (6) emergencies involving immediate threats to health or safety. Requires that the policies, regulations, and public laws of the United States be interpreted and administered in accordance with the policies under this Act. Specifies the content of such an analysis and requires a copy to be transmitted to the owner of the affected property, as well as made available to the public. Requires each agency to provide the analysis required by this Act as part of any submission otherwise required to be made to the Office of Management and Budget (OMB) in conjunction with the proposed regulation. Directs the Attorney General to provide legal guidance in a timely manner, in response to a request by an agency, to assist it in complying with this Act. Requires annual reports by each agency to the OMB Director and Attorney General identifying each agency action that has resulted in the preparation of a taking impact analysis, the filing of a taking claim, or an award of compensation pursuant to the Just Compensation Clause of the Fifth Amendment to the Constitution. Creates a rebuttable presumption that unmodified analyses five years or older are outdated for purposes of any agency action or administrative or judicial proceeding.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Retirement Savings Incentives Subtitle A: Restoration of IRA Deduction Subtitle B: Nondeductible Tax-Free IRAs Title II: Penalty-Free Distributions Title III: Aid to Families with Dependent Children Savings and Investment Incentive Act of 1995 - Title I: Retirement Savings Incentives - Subtitle A: Restoration of IRA Deduction - Amends the Internal Revenue Code to restore the deduction for individual retirement plans (IRAs). Provides a phase-up of income limits (from 1995 through 1998) with respect to the limitation on the deductibility of contributions to IRAs by active participants in employer-maintained plans. Removes the spousal rule from such limitation. Terminates income limits after December 31, 1998. Provides an inflation adjustment for deductible amounts after 1995. Allows certain spouses a full deduction for contributions to an IRA. Makes certain coins and bullion ineligible as collectible investments for purposes of distributions from an IRA. Coordinates the limit on such deduction with the elective deferral limit under other pension provisions. Subtitle B: Nondeductible Tax-Free IRAs - Allows individuals to establish individual retirement plus (IRA plus) accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such accounts nondeductible. Excludes distributions from such accounts from the gross income of the distributee, if the assets remain in such accounts for at least five years. Allows qualified transfers to be made to such accounts. Establishes penalties for early withdrawals and excess contributions. Title II: Penalty-Free Distributions - Allows distributions from certain retirement plans without penalty to purchase first homes, pay higher education expenses and financially devastating medical expenses, and assist certain unemployed individuals. Title III: Aid to Families with Dependent Children - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to exclude from AFDC eligibility determinations certain income and resources that are to be used for education, training, and employability purposes. Requires the Secretary of Health and Human Services to report to specified congressional committees on the use of qualified asset accounts. Requires the Secretary to report to the Congress on a revision of the AFDC limit on automobiles in order to increase the employability of AFDC recipients.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Requires a balanced Federal budget, unless a three-fifths roll call vote of both Houses of Congress provides for a specific excess of outlays over receipts. Prohibits an increase in the public debt limit except by a three-fifths roll call vote by both Houses of Congress. Requires the President to submit a balanced budget to the Congress. Prohibits any bill increasing revenue from becoming law unless approved by a majority roll call vote of both Houses.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Declares that: (1) the Constitution shall not be construed to prohibit individual or group prayer in public schools or other public institutions; (2) no person shall be required by the United States or by any State to participate in prayer; and (3) neither the United States nor any State shall compose the words of any prayer to be said in public schools.
United States · United States Congress · 6 October 1994
Constitutional Amendment - Declares that nothing in the Constitution shall be construed to prohibit individual or group prayer in public schools or other public institutions. States that no person shall be required by the United States or any State to participate in prayer. Provides that neither the United States nor any State shall compose prayers to be said in public schools.
United States · United States Congress · 22 September 1994
Amends the Omnibus Budget Reconciliation Act of 1990 to extend from three years to five years the period during which Medicare select policies may be issued.
United States · United States Congress · 21 August 1994
TABLE OF CONTENTS: Title I: Grants for Correctional Facilities Title II: State and Local Law Enforcement Grants Title III: Protection Against Sexually Violent Predators Title IV: Eliminating Excessive and Redundant Appeals Title V: Reform of 'Exclusionary Rule' Title VI: Truth-In-Sentencing Title VII: Prison Work Required; Luxuries Abolished Title VIII: Improving Border Controls Title IX: Enhanced Gun Penalties Title X: Violent Crime Reduction Trust Fund Title XI: Mandatory Life Imprisonment for Persons Convicted of Certain Felonies Back-To-Basics Crime Control Act of 1994 - Title I: Grants for Correctional Facilities - Directs the Attorney General to make grants to States to construct, expand, and improve prisons and jails. Authorizes specified sums to each State without conditions imposed by the Federal Government, except requirements to comply with this title and to use such funds exclusively for the construction of prisons and jails. Authorizes appropriations. Sets forth formulas for the distribution of funds in FY 1995 and in FY 1996 through 1999 based on violent crimes reported by the States to the Federal Bureau of Investigation (FBI). (Sec. 102) Specifies that 25 percent of total funds appropriated under this title shall be allocated to each eligible State according to a formula which takes into account the percentage change in the time to be served by persons convicted of violent crimes. Directs that States which have achieved a truth in sentencing standard of violent criminals serving 85 percent of prison time assessed receive the incentive funds, subject to specified requirements. Title II: State and Local Law Enforcement Grants - Requires the Attorney General to make grants to States to increase the number of law enforcement officers in service. Authorizes specified funds, without conditions imposed by the Federal Government (except that the funds be used exclusively to increase the number of law enforcement officers in service). Requires States to allocate 80 percent of their grants to local government for use by local law enforcement, as nearly as possible in proportion to the populations served by such local law enforcement agencies (LEAs). Title III: Protection Against Sexually Violent Predators - Directs the Attorney General to: (1) establish guidelines for State programs to require a sexually violent predator to register a current address with a designated State LEA upon being released from prison or being placed on parole or supervised release; and (2) approve each State program that complies with the guidelines. Makes States that do not implement and maintain such programs ineligible to receive ten percent of the funds that would otherwise be allocated to the State in drug control and system improvement grants under the Omnibus Crime Control and Safe Streets Act of 1968. Requires: (1) the determination that a person is, or is no longer, a sexually violent predator to be made by the sentencing court after receiving a report by a board of experts on sexual offenses; and (2) each State to establish a board composed of experts in the field of the behavior and treatment of sexual offenders. Sets forth provisions regarding: (1) notification regarding the duty of an offender to register and to provide any new address to a designated State LEA and of a State prison official to obtain specified information; (2) the transfer of information to the State LEA and to the FBI; (3) quarterly verification of the released offender's address; (4) penalties for failing to register and keep the registration current; (5) termination of the obligation to register; (6) community notification concerning a predator required to register; and (7) immunity for good faith conduct by LEAs, their employees, and State officials. Title IV: Eliminating Excessive and Redundant Appeals - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Establishes a two-year statute of limitations for Federal prisoners filing for collateral relief. (Sec. 406) Sets forth special habeas corpus procedures in capital cases brought by prisoners in State custody who are subject to a capital sentence. Makes such procedures contingent upon: (1) a State establishing by rule of its court of last resort or by statute a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post convictions and sentences have been upheld on direct appeal to such court or have otherwise become final; and (2) such rule or statute providing standards of competency for the appointment of counsel. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this title. Details conditions which will cause such stay to expire. Prohibits a Federal court from entering a stay of execution or granting relief in a capital case unless specified conditions are met. Sets forth lime limits for determining petitions. Authorizes the State or Government to enforce such time limits by applying to the court of appeals or the Supreme Court for a writ of mandamus. Title V: Reform of 'Exclusionary Rule' - Amends the Federal criminal code to prohibit the exclusion of evidence obtained as a result of a search or seizure, in a proceeding in a court of the United States, on the grounds that the search or seizure was in violation of the Fourth Amendment of the Constitution if it was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with such amendment. Makes the fact that evidence was obtained pursuant to and within the scope of a warrant prima facie evidence of the existence of such circumstances. Prohibits the exclusion of evidence, in a proceeding in a U.S. court, on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority. Title VI: Truth in Sentencing - Amends the Federal criminal code to permit the Bureau of Prisons to add, in its discretion, additional time to a prisoner's sentence of up to 15 percent of the prisoner's term for unsatisfactory behavior. Prohibits a sentence from being reduced for satisfactory behavior to a term less than the original sentence nominally imposed. Title VII: Prison Work Required; Luxuries Abolished - Directs the Attorney General to implement and enforce regulations which: (1) mandate prison work for all able-bodied inmates in Federal penal and correctional institutions; and (2) prohibit the Government provision in inmates' cells of television, radio, telephone, stereo, or similar amenities. (Sec. 702) Amends the Higher Education Act of 1965 to prohibit awards of Pell grants to prisoners in Federal or State penal institutions. Title VIII: Improving Border Controls - Authorizes appropriations. Authorizes and directs the Attorney General to use such funds to permit the commander of the Border Patrol to increase by at least 6,000 the number of border patrol agent positions above the number of such positions as July 1, 1994. (Sec. 802) Amends the Immigration and Nationality Act to provide for expedited deportation and exclusion of criminal aliens. Prohibits reentry of an alien into the United States during the minimum period of confinement to which the alien was sentenced. Authorizes the Attorney General to prescribe special regulations for the registration and fingerprinting of aliens on criminal probation or parole. Expands the definitions of "aggravated felony." (Sec. 805) Sets forth deportation procedures for certain criminal aliens who are not permanent residents. Grants a U.S. district court jurisdiction to enter a judicial order of deportation at the time of sentencing against an alien whose criminal conviction causes such alien to be deportable under provisions relating to conviction of an aggravated felony if requested prior to sentencing by the U.S. Attorney. (Sec. 807) Restricts defenses to deportation for certain criminal aliens. Enhances penalties for failing to depart or reentering after a final order of deportation. (Sec. 810) Authorizes appropriations for a criminal alien information system. Title IX: Enhanced Gun Penalties - Amends the Federal criminal code to enhance penalties imposed upon persons convicted of using or carrying a firearm during and in relation to the commission of a felony. (Sec. 902) Sets a mandatory minimum sentence for unlawful possession of a firearm by a convicted felon, fugitive from justice, addict or unlawful user of a controlled substance, or transferor or receiver of a stolen firearm. (Sec. 903) Increases the general penalty for violation of Federal firearms laws. Title X: Violent Crime Reduction Trust Fund - Establishes a Violent Crime Reduction Trust Fund as a separate account in the Treasury into which shall be transferred savings realized from implementation of provisions of the Federal Workforce Restructuring Act of 1994. Sets forth provisions regarding: (1) transfers into, and appropriations from, the Fund; (2) annual reporting requirements on the status of the Fund; and (3) allocation of sums in the Fund. Extends authorizations of appropriations for fiscal years for which the full amount authorized is not appropriated. Title XI: Mandatory Life Imprisonment for Persons Convicted of Certain Felonies - Amends the Federal criminal code to provide for mandatory life imprisonment for persons convicted in Federal court of a serious violent felony if: (1) the person has been convicted (and the conviction has become final) on separate prior occasions in a Federal or State court of two or more serious violent felonies, or one or more serious violent felonies and one or more serious drug offenses; and (2) each serious violent felony or serious drug offense used as a basis for sentencing under this title, other than the first, was committed after the defendant's conviction of the preceding serious violent felony or serious drug offense. Sets forth provisions regarding: (1) persons subject to the criminal jurisdiction of an Indian tribal government; and (2) resentencing upon the overturning of a prior conviction. (Sec. 1102) Prohibits the court from reducing the sentence of a defendant unless specified conditions are met, including that defendant is at least age 70, has served at least 30 years in prison for the offense or offenses for which the defendant is currently imprisoned, and a determination has been made by the Director of the Bureau of Prisons that the defendant is not a danger to the safety of any other person or the community.
United States · United States Congress · 28 July 1994
Equity for Congress Act - Makes applicable to the Congress the following Federal laws: (1) with respect to employment title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the National Labor Relations Act, sections 1977 and 1977A of the Revised Statutes, the Fair Labor Standards Act of 1938, the Occupational Safety and Health Act of 1970, and the Family and Medical Leave Act of 1993; (2) with respect to conduct regarding matters other than employment, the Americans with Disabilities Act of 1990; and (3) with respect to information in its possession, the Privacy Act of 1974; and (4) specified provisions of Federal law relating to independent counsel. Amends the Standing Rules of the Senate and the Rules of the House of Representatives to require a three-fifths vote in each House before it considers legislation that creates a requirement of general applicability but exempts the Congress from such provisions. Authorizes the House and the Senate to promulgate regulations governing the indemnification of congressional employers for damages or equitable liability assessed against such employer under this Act for conduct not within the control of such employer.
United States · United States Congress · 26 July 1994
Establishes the National Commission on Fairness in Military Compensation to: (1) determine the extent to which military personnel or their dependents rely on food stamps, the special supplemental food program under the Child Nutrition Act of 1966, and other Federal or local assistance programs as a necessary supplement to their regular military compensation, and the circumstances that lead to such dependence; and (2) submit to the President and the Congress a report on its findings and its recommendations on possible changes in the military pay structure so that military personnel will receive adequate compensation and no longer rely on such other forms of assistance. Limits to $750,000 the total authorized expenses of the Commission. Requires the Comptroller General to audit Commission books and records in order to ensure compliance with such expense limit. Terminates the Commission 30 days after submission of its report.
United States · United States Congress · 22 July 1994
Congressional Fiscal Responsibility Act of 1994 - Amends the Legislative Reorganization Act of 1946 to reduce the annual salary of a Member of Congress by five percent for FY 1998 and ten percent for FY 1999 through 2001 if the total expenditures of the Federal Government exceed its total receipts for a fiscal year. Requires the reductions to be cumulative and prohibits their total from exceeding 35 percent. Requires such reductions in salary to be disregarded effective as of the first pay period beginning on or after the date the Congress receives a report indicating that total receipts of the Federal Government are greater than or equal to its total expenditures for a fiscal year. Requires restoration of the Member's salary to the level which would then be in effect without enactment of this Act. Mandates such pay adjustments before any other adjustment scheduled to take effect on the same day for the same position. Makes it out of order for the House of Representatives or the Senate to consider any bill or resolution increasing the salary for Members of Congress, with specified exceptions, unless the bill or resolution deals with no subject matter other than a pay increase for members. Requires a recorded vote by the House or Senate in the passage or adoption of such bill or resolution.
United States · United States Congress · 20 July 1994
Reduces the amount required to be transferred from funds to a State for the National Highway System and for congestion mitigation, air quality, and surface transportation programs to funds for highway safety programs if the State has a safety belt use law in effect. (Currently, a State is penalized by having a certain percentage of funds transferred from such programs to highway safety programs if the State does not have motorcycle helmet and safety belt use laws in effect.)
United States · United States Congress · 19 July 1994
TABLE OF CONTENTS: Title I: General Provisions Title II: Federal Reform of Health Care Malpractice Title III: Requirements for ADR Medical Malpractice Fairness Act of 1994 - Title I: General Provisions - Sets forth provisions regarding definitions and the period of applicability of this Act. Title II: Federal Reform of Health Care Malpractice - Prohibits a health care malpractice action from being brought in any: (1) State court unless the claim that is the subject of the action has been initially resolved under an alternative dispute resolution (ADR) system certified by the Secretary of Health and Human Services (or, in the case of a State in which such a system is not in effect, under the alternative Federal system established under this Act); and (2) Federal court based on diversity of citizenship unless the claim has been initially resolved under the system that applied in the State whose law applies. Directs the Attorney General to establish an ADR process for the resolution of tort claims consisting of such claims brought against the United States. Prohibits an action based on such a claim from being brought in any Federal court unless the claim has been initially resolved under such process. Sets forth procedures for filing actions. Makes each defendant in such an action severally but not jointly liable. Directs that each defendant's fault be determined on the basis of the defendant's percentage of responsibility. Limits to $250,000 the total of noneconomic damages that may be awarded to a claimant and the claimant's family for losses resulting from the injury, regardless of the number of parties or actions brought with respect to the injury. Prohibits the award of punitive damages except in cases of gross or criminal negligence. Limits such awards against the manufacturer or seller of a medical product causing injury. Directs that any punitive damages awarded be: (1) paid to the State in which the action is brought or, in a case brought in Federal court, the State in which the health care services that caused the injury were provided; and (2) used for activities to assure the safety and quality of health care services. Sets forth provisions regarding: (1) reductions for contributions from collateral sources; (2) periodic payment of damages for future expenses; (3) a uniform statute of limitations; (4) attorney's fees and costs; (5) expert witness qualifications; (6) preemption; and (7) sovereign immunity and choice of law or venue. Title III: Requirements for ADR - Sets requirements for State ADR systems. Provides for the certification of State systems and the applicability of the alternative Federal system, as well as the treatment of States with an alternative system already in effect.
United States · United States Congress · 19 July 1994
Expresses the sense of the Congress that the United States should not undertake any military action against Haiti unless the President first certifies to the Congress that there exists a clear and present danger to the citizens of the United States and that U.S. interests require such action.
United States · United States Congress · 26 May 1994
Expresses the sense of the House of Representatives that for purposes of issuing final guidelines under title VII of the Civil Rights Act of 1964 relating to unlawful harassment in employment, the Equal Employment Opportunity Commission should exclude harassment based on religion.
United States · United States Congress · 25 May 1994
Authorizes the President to present, on behalf of the Congress, to the Lubavitcher rebbe, Rabbi Menachem Mendel Schneerson, a gold medal in recognition of his outstanding and enduring contributions toward world education, morality, and acts of charity. States that no appropriations are authorized to implement this Act. Declares that the medals struck pursuant to this Act are national medals.
United States · United States Congress · 12 May 1994
TABLE OF CONTENTS: Title I: Amendments of Internal Revenue Code of 1986 Subtitle A: Tax Incentives for Purchase of Health Care Coverage Subtitle B: Medical Care Savings Accounts Subtitle C: Expansion of COBRA Continuation Coverage Title II: Insurance Reform Subtitle A: Employer Insurance Protections Subtitle B: Guaranteeing Portability of Health Insurance for Individuals Subtitle C: Assuring Health Insurance Coverage for Uninsurable Individuals Title III: Medicaid Reform Title IV: Medical Charge Disclosure Bipartisan Health Security Reform Act of 1994 - Title I: Amendments of Internal Revenue Code of 1986- Subtitle A: Tax Incentives for Purchase of Health Care Coverage - Amends the Internal Revenue Code to allow individuals a refundable credit of 30 percent of the amount paid for: (1) the purchase of health care coverage for the taxpayer, the spouse, and dependents; and (2) contributions to a medical care savings account if the individual is covered under a high deductible health plan or by a health maintenance organization. Repeals the deduction for health insurance costs of self-employed individuals. Subtitle B: Medical Care Savings Accounts - Provides for the establishment of medical care savings accounts. Makes the account beneficiary the owner of the account and includes distributions in the beneficiary's gross income. Sets forth uses and limitations for such accounts. Excludes health benefit payments made by employers from employment taxes. (Sec. 112) Allows the transfer of unused amounts in flexible spending accounts of cafeteria plans to medical savings accounts. Subtitle C: Expansion of COBRA Continuation Coverage - Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974, and the Public Health Service Act to make the continuation coverage requirements for group health plans inapplicable to employers of fewer than four employees (currently, 20 employees). Extends the required period of coverage to 36 months (currently, 18 months). Title II: Insurance Reform - Subtitle A: Employer Insurance Protections - Prohibits a health benefit insurer that provides or offers a small group health benefit plan from: (1) cancelling or non-renewing an individual small employer group because of high claims costs or the health of the group; or (2) refusing to provide coverage to such a group based solely on the nature of the employer's business or industry. Places limitations on increases in premium rates and variations in premiums across and within classes of businesses. (Sec. 202) Provides for continued health benefit coverage for individuals who change employers. (Sec. 204) Imposes an excise tax on the failure of an insurer or group health plan to meet the requirements of this title. Makes such tax nondeductible. Subtitle B: Guaranteeing Portability of Health Insurance for Individuals - Provides continued coverage and portability protections for eligible individuals or families applying for an individual health benefit plan. Subtitle C: Assuring Health Insurance Coverage for Uninsurable Individuals - Requires each State, beginning in 1997, to establish, administer, and fund a high-risk health insurance pool that assures the availability of qualified health insurance coverage to uninsurable individuals. Provides funding for such high-risk programs through: (1) premiums, with limitations; (2) surcharges for avoidable health risks, such as smoking; and (3) other means specified under State law. Title III: Medicaid Reform - Amends title XIX (Medicaid) of the Social Security Act to grant States the authority to provide an eligible individual the option to receive medical assistance through enrollment in a private health plan. Title IV: Medical Charge Disclosure - Requires providers of medical services to visibly post maximum charges and costs for services.
United States · United States Congress · 11 May 1994
Comprehensive One-Call Notification Act of 1994 - Requires the Federal Communications Commission (FCC) to establish a nationwide telephone number to be used by local and regional underground facility location services and by one-call systems established under this Act. Requires each State to establish a comprehensive statewide one-call (call before you dig) notification system in order to protect all underground facilities (underground lines of any kind) from damage due to excavation. Authorizes the Secretary of Transportation to impose sanctions against States for nonparticipation. Sets forth required elements of the one-call systems and penalties for system violations. Directs the Office of Pipeline Safety of the Department of Transportation to draft and make available to States a model one-call system program in order to assist States in complying with this Act. Requires approval from the Secretary of an alternative form of one-call system. Requires State status reports.
United States · United States Congress · 5 May 1994
Amends title XIX (Medicaid) of the Social Security Act to declare that the Secretary of Health and Human Services is not authorized to require a State plan for medical assistance to ensure the provision of necessary non-emergency medical transportation services. Denies Federal payment for such services.
United States · United States Congress · 5 May 1994
Charitable Contributions Encouragement Act of 1994 - Amends the Internal Revenue Code to allow taxpayers who do not itemize deductions to deduct a portion of their charitable contributions. Excludes the deduction for charitable contributions from the overall limitation on itemized deductions.
United States · United States Congress · 28 April 1994
Amends the Defense Base Closure and Realignment Act of 1990 to postpone until 1997 (currently 1995) scheduled military base closures and realignments announced by the Defense Base Closure and Realignment Commission.
United States · United States Congress · 20 April 1994
National Security Budgeting and Deficit Control Act of 1994 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings) to extend the caps on defense and nondefense discretionary spending through FY 1998. Requires the special budget authority adjustment required in the final sequestration report for FY 1995 under such Act to be equally divided between the defense and nondefense categories for each applicable fiscal year.
United States · United States Congress · 13 April 1994
TABLE OF CONTENTS: Title I: Insurance Reform Subtitle A: Insurance Provisions Subtitle B: Promoting Development of Voluntary Health Plan Purchasing Cooperatives Subtitle C: Federal Preemption Subtitle D: Rules of Construction Regarding Abortion Services; Inseverability Title II: Amendments of Internal Revenue Code of 1986 Subtitle A: Limitations on Employer Deduction for Health Care Coverage for Employees and on Employee Exclusion for Employer-Provided Health Care Coverage Subtitle B: Credits for Contributions to Medical Savings Accounts, for Purchase of High Deductible Umbrella Insurance, and for Routine Preventive Care Subtitle C: Repeal of Medical Expense Deduction Subtitle D: Veterans Medical Benefits and Services Unaffected Title III: Savings In Medicare and Medicaid Programs Subtitle A: Medicare Program Subtitle B: Medicaid Program Title IV: Containing Health Care Costs Subtitle A: Medical Malpractice Liability Reform Subtitle B: Treatment of Certain Activities Under the Antitrust Laws Title V: Special Assistance for Frontier, Rural, and Urban Underserved Areas Subtitle A: Frontier, Rural, and Urban Underserved Areas Subtitle B: Primary Care Provider Education Subtitle C: Programs Relating to Primary and Preventive Care Services Subtitle D: Limitation on Funding for Abortions Title VI: Administrative Cost Savings Subtitle A: Standardization of Claims Processing Subtitle B: Electronic Medical Data Standards Subtitle C: Development and Distribution of Comparative Value Information Subtitle D: Preemption of State Quill Pen Laws Title VII: Anti-Fraud and Anti-Rationing Subtitle A: Criminal Prosecution of Health Care Fraud Subtitle B: Coordination of Health Care Anti-Fraud and Abuse Activities Subtitle C: Protection Against Rationing of Treatment Health Savings and Security Act of 1994 - Title I: Insurance Reform - Subtitle A: Insurance Provisions - Part 1: Requirements for Tax-Favored Health Plans - Authorizes a State to establish or operate a managed health care plan. (Sec. 102) Requires such a plan to provide for all medically necessary acute medical care (including physician services; inpatient, outpatient, and emergency hospital services and appropriate alternatives to hospitalization; and inpatient and outpatient prescription drugs), to not exclude coverage for selected illnesses or selected treatments if consistent with medically accepted practices, and to meet applicable cost-sharing requirements of this Act. Requires that such plan, in the case of a high deductible umbrella insurance plan, provide a deductible amount for benefits provided in any plan year which is at least $1,500 (but not to exceed $3,000) for items and services furnished to a family (composed of one or more individuals) enrolled under the plan in a year. Specifies that a health insurance plan may not require the payment of any copayment or coinsurance for an item or service for which coverage is required after an individual or a family has incurred out-of-pocket expenses equal to a specified limit for a plan year. (Sec. 103) Requires that such a plan provide: (1) for a variation in premium rates only on the basis of age, sex, geography, and family enrollment, individual and group coverage, and in the case of group coverage, on the basis of the number of individuals covered within the group; (2) for a charge of the same premium rates to new applicants and existing policyholders with the same age, sex, geographic characteristics, and family enrollment; and (3) that the highest premium for the plan for a particular class of family enrollment and geographic characteristics may not exceed four times the lowest premium for such plan for the same enrollment and geographic characteristics. Permits incentive discounts of not more than ten percent for participating in an approved program to promote healthy behavior, prevent or delay the onset of illness, or provide for screening or early detection of illness. (Sec. 104) Requires that such plan: (1) provide guaranteed issue at standard rates to all applicants; and (2) not exclude from coverage, or limit coverage for, any preexisting condition, with exceptions. (Sec. 105) Requires that such plan provide the policyholder with a contractual right to renew the coverage which stipulates that the insurer cannot cancel or refuse to renew the coverage except for cases of nonpayment of premiums, or fraud or misrepresentation, by the policyholder. (Sec. 106) Sets forth restrictions on agent compensation and broker activities. Part 2: Certification of High Deductible Umbrella Insurance Plans and Managed Care Health Plans - Requires each State to submit to the Secretary of Health and Human Services a report on steps the State is taking to implement and enforce a regulatory program with respect to high deductible umbrella insurance plans and managed care health plans by a specified deadline. Directs the Secretary, upon determining that a State has failed to submit a report by the deadline or that the State has not implemented and provided adequate enforcement of the regulatory program, to give the State 60 days to submit such report or implement and enforce such program. Sets forth procedures for Federal enforcement if such failure has not been corrected. (Sec. 112) Directs the Secretary to develop State regulatory program standards, in the form of model Acts and model regulations, which include: (1) procedures for certifying that the requirements of part 1 of this subtitle have been met by a health insurance plan applying for certification as a high deductible umbrella insurance plan or a managed care health plan; (2) specified requirements regarding marketing practices and reinsurance or allocation of risk mechanisms with respect to such a plan; (3) requirements regarding solvency standards and guaranty funds for carriers of such plans; and (4) reporting requirements under which carriers report to the Internal Revenue Service regarding the acquisition and termination by individuals of coverage under such plans. Directs the Secretary to: (1) request the National Association of Insurance Commissioners to develop models for reinsurance or allocation of risk mechanisms for high deductible umbrella insurance plans and managed care health plans made available to individuals for whom an insurer is at risk of incurring high costs under the plan; and (2) review such models to determine if they provide for an effective reinsurance or allocation of risk mechanism. Requires each State to establish one or more reinsurance or allocation of risk mechanisms consistent with such a model. Permits a State to establish and maintain such a mechanism jointly with other States. Directs the Secretary to establish and maintain a reinsurance or allocation of risk mechanism if a State has failed to establish or maintain such a mechanism. Amends the Internal Revenue Code to impose a tax on the providing of any high deductible umbrella insurance plan or managed care health plan which covers any individual in a Federal reinsurance State. Directs that the tax imposed equal the applicable percentage of the amount received by the insurer for providing such plan in such Federal reinsurance State. Makes the insurer liable for payment of the tax. Subtitle B: Promoting Development of Voluntary Health Plan Purchasing Cooperatives - Directs the Secretary to establish standards relating to the establishment of health plan purchasing cooperatives (HPPCs), qualifications for qualified health carriers, and the roles of States under this subtitle. Sets forth provisions regarding deadlines, revision of standards, application of standards through States, the Federal role, and implementation of the standards. (Sec. 122) Requires each State to establish boundaries for HPPC areas in the State. (Sec. 123) Authorizes the establishment of one or more State-chartered, nonprofit private corporations to serve as an HPPC for each HPPC area for the benefit of small employers and eligible individuals in the area. Specifies that a carrier may not form, underwrite, or possess a majority vote of an HPPC, but may administer an HPPC. Sets forth provisions regarding: (1) the establishment by each HPPC of bylaws; (2) the election of members of its board of directors; (3) limitation of liability for good faith actions taken by any member of the board, its employees, or agent in the performance of duties of HPPCs; (4) appointment of officers and an executive director; (5) reporting, recordkeeping, and audit requirements; and (6) general authorities and limits on the authority of HPPCs. (Sec. 124) Requires each HPPC to: (1) enter into contracts and hold policies with qualified health carriers which elect to offer HPPC plans to members; (2) provide for the enrollment of eligible employees of small employers and eligible individuals in HPPC plans of qualified health carriers offered by the HPPC; (3) provide to its members and eligible employees of small employer members comparison sheets with clear standardized information on each qualified health carrier and each HPPC plan offered by a qualified health carrier; (4) establish requirements for participation of small employers and eligible individuals as HPPC members consistent with any standards established by the Secretary and to maintain eligibility records; and (5) establish dispute resolution procedures to resolve disputes between the HPPC and its members or qualified health carriers. Sets forth requirements concerning: (1) contracts with members; (2) contracts with plans; (3) overhead allowance; (4) uniform administrative and accounting procedures; and (5) contracts for administrative services. (Sec. 125) Requires each State to establish a process whereby a carrier that demonstrates to the satisfaction of the State insurance commissioner that it has the capability to fulfill specified requirements (with regard to licensure, administrative capacity, access, grievance procedures, utilization management procedures, quality, information, and data elements) is designated as a qualified health carrier. Sets forth the functions of qualified health carriers. Requires that coverage under an HPPC plan offered by a qualified health carrier be available to any member of the HPPC at the anniversary date of each member's coverage under an HPPC plan, with exceptions and subject to specified conditions. (Sec. 126) Requires each: (1) HPPC to use efficient and standardized means to notify small employers of the availability of plans through the HPPC and to notify the State insurance commissioner of any marketing practices or materials that it finds contrary to the fair marketing of qualified health carriers and HPPC plans; and (2) State insurance commissioner to monitor compliance with marketing requirements. (Sec. 127) Requires: (1) each HPPC to submit specified data to the State on a quarterly basis; and (2) the Secretary to establish uniform standards for data that an HPPC collects from qualified health carriers and providers and disseminates. (Sec. 128) Requires each State to: (1) assure compliance of HPPCs, small employers, and eligible employees and individuals with the requirements of this subtitle and to conduct reviews at least annually on the performance of each HPPC in assuring access to health coverage to small employers and eligible individuals in the HPPC area; (2) receive, review, and act on appeals of unresolved disputes between an HPPC and a member; (3) analyze information collected from qualified health carriers and other sources and report findings that assist consumers, HPPCs, qualified health carriers, or health care providers in improving the delivery or purchase of cost-effective health care; (4) prepare and make available to HPPCs and employers located in the State (and to eligible individuals upon request) information, in comparative form, concerning the HPPC plans in the State and HPPCs operating in the State; (5) report to the Secretary annually on the impact of the reform under this subtitle in expanding the availability and affordability of health coverage to eligible employees and individuals; and (6) supervise HPPCs to ensure that actions that affect market competition accomplish the objectives of this title, so as to provide State and Federal protection to HPPCs and HPPC boards of directors against Federal and State antitrust laws. Subtitle C: Federal Preemption - Bars applicability of any provision of State or local law that: (1) in the case of a group health plan, requires the coverage of one or more specific benefits, services, or categories of health care, or services of any class or type of provider of health care; and (2) prohibits two or more employers from obtaining coverage under an insured multiple employer health plan. (Sec. 143) Preempts and makes unenforceable specified State law restrictions with respect to reimbursement rates or selective contracting, differential financial incentives, and utilization review methods. Directs 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. (Sec. 144) Specifies that nothing in this subtitle shall be construed to invalidate any State law that has the effect of preventing the denial of lifesaving medical treatment pending transfer to another health care provider. Subtitle D: Rules of Construction Regarding Abortion Services; Inseverability - Specifies that: (1) nothing in this title or title II may be construed to require any health plan to include any abortion services or to condition tax deductibility on the inclusion of such services; and (2) if such provision is judicially determined to be invalid all the provisions of this title and title II shall be deemed to be invalid. Title II: Amendments of Internal Revenue Code of 1986 - Subtitle A: Limitations on Employer Deduction for Health Care Coverage for Employees and on Employee Exclusion for Employer-Provided Health Care Coverage - Amends the Internal Revenue Code to allow an employer a deduction: (1) for health care coverage for employees under a high deductible umbrella insurance plan or a managed health care plan; (2) for contribution to a medical savings account for an employee; or (3) for payment of permitted coverage. Prohibits such deduction from exceeding the health care tax benefit limitation imposed on individuals receiving coverage under a tax-qualified health care plan. (Sec. 202) Excludes from the gross income of an employee only coverage under a tax-qualified health care plan, contributions to a medical savings account, or permitted coverage payments. (Sec. 203) Prohibits the provision of health benefits under cafeteria plans. Subtitle B: Credits for Contributions to Medical Savings Accounts, for Purchase of High Deduction Umbrella Insurance, and for Routine Preventive Care - Allows individuals a tax credit (with limitation) for a percentage of contributions to a medical savings account. Makes such account tax-exempt and excludes other employer payments from the individual's tax base. (Sec. 212) Allows individuals a tax credit for a percentage of the amount paid for coverage under a tax-qualified health care plan. Requires the establishment of a program to provide health insurance certificates for low-income individuals eligible for such credit. (Sec. 213) Allows certain individuals a tax credit for a percentage of the amount paid for routine preventive care for the taxpayer, spouse, and dependents. Subtitle C: Repeal of Medical Expense Deduction - Repeals the deduction for medical, dental, etc., expenses. Subtitle D: Veterans Medical Benefits and Services Unaffected - Declares that nothing in this title affects veterans' medical benefits and services. Title III: Savings in Medicare and Medicaid Programs - Subtitle A: Medicare Program - Amends the Internal Revenue Code to impose an annual tax on the Medicare part B (Supplementary Medical Insurance) premiums of high-income and certain other individuals covered by such part. (Sec. 302) Amends title XVIII (Medicare) of the Social Security Act (SSA) to: (1) impose a co-payment for clinical diagnostic laboratory tests; (2) eliminate mandatory assignment for test payment and billing; and (3) provide for annual indexing of the part B deductible. Subtitle B: Medicaid Program - Amends SSA title XIX (Medicaid) to: (1) cap Federal payments for acute medical services; (2) discontinue reimbursement standards for inpatient hospital services; (3) provide for optional enrollment of low-income individuals under high deductible umbrella insurance plans and managed care plans (with reduced payment adjustments for States providing such enrollment); (4) allow States more flexibility in contracting for coordinated care services; and (5) prohibit Medicaid funding of abortions not necessary to prevent the death of the mother. Title IV: Containing Health Care Costs - Subtitle A: Medical Malpractice Liablity Reform - Part 1: General Provisions - Makes this subtitle applicable with respect to any medical malpractice liability claim and action brought in any State or Federal court, with exceptions (such as a claim or action for damages arising from a vaccine-related injury or death). Sets forth provisions regarding preemption, effect on sovereign immunity and choice of law or venue, and Federal court jurisdiction. Part 2: Medical Malpractice and Product Liability Reform - Prohibits a medical malpractice liability action from being brought in any: (1) State court during a calendar year unless the medical malpractice liability claim that is the subject of the action has been initially resolved under a State's alternative dispute resolution (ADR) system certified for the year by the Secretary or under the alternative Federal system established by this Act; and (2) Federal court during a calendar year unless such claim that is the subject of the action has been initially resolved under such ADR system in the State whose law applies. Directs the Attorney General to establish an ADR process for the resolution of medical malpractice liability claims brought against the United States, which shall occur after the completion of the administrative claim process. Prohibits a medical malpractice liability action based on such a claim from being brought in any Federal court unless the claim has been initially resolved under the ADR process established by the Attorney General. Sets forth provisions regarding: (1) procedures for filing actions; and (2) the legal effect of uncontested ADR decisions. (Sec. 412) Sets a $250,000 limit on noneconomic damages that may be awarded to a claimant and the members of the claimant's family for losses resulting from the injury which is the subject of a medical malpractice liability action. Prohibits the award of punitive or exemplary damages in such an action: (1) unless the claimant establishes by clear and convincing evidence that the injury suffered was the direct result of conduct manifesting a malicious, wanton, willful, or excessively reckless disregard of the safety of others; and (2) against the manufacturer of a medical product. Requires that: (1) any punitive or exemplary damages awarded in a medical malpractice liability action be paid to the State in which the action is brought or, in a case brought in Federal court, in the State in which the health care services that caused the injury that is the subject of the action were provided; and (2) such State use such amounts to carry out activities to assure the safety and quality of health care services provided in the State. Prohibits a defendant, in any medical malpractice liability action in which the damages awarded for future economic loss exceed $100,000, from being required to pay such damages in a single, lump-sum payment, but permits periodic payments based on when the damages are found likely to occur, as determined by the court. Authorizes a court to waive the application of such provision if it is not in the best interests of the plaintiff to receive periodic payments. (Sec. 413) Directs the court in a medical malpractice liability action to require the party that contested an ADR ruling with respect to the medical malpractice liability claim that is the subject of the action to: (1) pay attorney fees and other costs, with exceptions; and (2) post a performance bond, subject to waiver by the court upon determining that the posting of such a bond is not necessary to ensure that the party pay the costs incurred by the opposing party under the action. Sets forth provisions regarding: (1) limits on attorney's fees paid; and (2) recordkeeping requirements. (Sec. 414) Allows a defendant to be held severally but not jointly liable in a medical malpractice action for noneconomic damages, and only for those damages directly attributable to the person's proportionate share of fault or responsibility for the injury. (Sec. 415) Establishes a seven-year statute of limitations for medical malpractice liability claims beginning on the date the alleged injury occurred. (Sec. 416) Prohibits a defendant in a medical malpractice liability action from being found to have acted negligently unless the defendant's conduct at the time of providing the health care services was not reasonable. (Sec. 417) Prohibits the trier of fact, in the case of a medical malpractice liability claim relating to services provided during labor or the delivery of a baby where the health care professional against whom the claim is brought did not previously treat the individual alleged to have been injured for the pregnancy, from finding that the defendant committed malpractice and assessing damages unless the malpractice is proven by clear and convincing evidence. Specifies that a health care professional shall be considered to have previously treated an individual for a pregnancy if the professional is a member of a group practice whose members previously treated the individual for the pregnancy or is providing services to the individual during labor or the delivery pursuant to an agreement with another health care professional. Part 3: Requirements for State Alternative Dispute Resolution Systems - Sets requirements for a State's ADR system, including that the system: (1) apply to all medical malpractice liability claims under the jurisdiction of the courts of that State; (2) require that a written opinion resolving the dispute be issued within six months of receipt of notice of the claim by each party against whom the claim is filed; (3) require that individuals who hear and resolve claims under the system meet specified qualifications; (4) be approved by the State or local governments; (5) with respect to a State system consisting of multiple dispute resolution procedures, permit the parties to a dispute to select the procedure to be used (and, if they do not agree, assign a particular procedure); (6) transmit to the State agency responsible for monitoring or disciplining health care professionals and providers any findings that such professional or provider committed malpractice, with exceptions; and (7) transmit to the Administrator for Health Care Policy and Research information on disputes resolved in a manner that assures that the identity of the parties to a dispute shall not be revealed. Makes the provisions of part 2 (malpractice liability standards) applicable with respect to claims brought under a State or alternative Federal ADR system in the same manner as such provisions apply to medical malpractice liability actions brought in the State. (Sec. 422) Directs the Secretary to: (1) determine, by October 1 of each year (beginning with 1995), whether a State's ADR system meets the requirements of this part for the following calendar year, and certify such system if it does; and (2) establish an alternative Federal ADR system for the resolution of medical malpractice liability claims during a calendar year in States that do not have in effect an alternative ADR system certified for the year. Sets forth provisions regarding: (1) requirements for the alternative Federal ADR system; and (2) the treatment of States with the alternative system in effect. (Sec. 423) Directs the Secretary to submit to the Congress a report describing and evaluating State ADR systems operated pursuant to this part and the alternative Federal system. Part 4: Other Provisions Relating to Medical Malpractice Liability - Permits a State agency responsible for the conduct of disciplinary actions for a type of health care practitioner to enter into agreements to permit State or county professional societies to participate in the licensing of such practitioner and to review any health care malpractice action, claim, allegation, or other information concerning the practice patterns of any such practitioner. (Sec. 432) Requires the Secretary to conduct a study analyzing the existence and effectiveness of incentives adopted by State and local governments, insurers, medical societies, and other entities to encourage physicians (whether practicing or retired) to volunteer to provide health care services in medically underserved areas. (Sec. 433) Directs each State to require each: (1) health care professional and provider in the State to participate in a risk management program to prevent, and provide early warning of, practices which may injure or otherwise endanger a patient; and (2) entity which provides health care professional or provider liability insurance in the State to establish risk management programs based on available data or sanction such programs provided by other entities and to require each such professional or provider, as a condition of maintaining insurance, to participate in at least one such program every three years. (Sec. 434) Requires the Secretary to make grants: (1) for basic research in the prevention of, and compensation for, injuries resulting from health care professional or provider malpractice and for research of the outcomes of health care procedures; (2) to assist States in improving their ability to license and discipline health care professionals; and (3) to States and local governments, private nonprofit organizations, and health professional schools for educating the public about the appropriate use of health care and realistic expectations of medical intervention and about the resources and role of health care professional licensing and disciplinary boards in investigating claims of incompetence or malpractice, and for developing programs of faculty training and curricula for educating health are professionals in quality assurance, risk management, and medical injury prevention. Authorizes appropriations. Subtitle B: Treatment of Certain Activities Under the Antitrust Laws - Exempts from the antitrust laws specified "safe harbor" activities listed in, or designated by the Attorney General pursuant to, this subtitle. Sets forth provisions regarding the award of attorney's fees and costs of suit to the prevailing party in an action based on a claim involving activity found to be exempt. (Sec. 452) Lists as safe harbors specified: (1) activities relating to health care services of combinations of health care providers with market share below a specified threshold; (2) activities of medical self-regulatory entities relating to standard setting or enforcement activities not conducted for purposes of financial gain; (3) participation of a health care provider in a written survey of the prices of services, reimbursement levels, or the compensation and benefits of employees and personnel; (4) activities relating to health care joint ventures for high technology and costly equipment and services; (5) activities relating to hospital mergers; (6) joint purchasing arrangements; and (7) negotiations. (Sec. 453) Directs the Attorney General to publish a notice in the Federal Register soliciting proposals for additional safe harbors and to review and report on proposed safe harbors. Sets forth criteria in establishing safe harbors, including: (1) the extent to which a competitive or collaborative activity will accomplish an increase in health care access and quality, the establishment of cost efficiencies, and increased ability of health care facilities to provide services in medically underserved areas or to underserved populations; and (2) whether designation as a safe harbor will result in specified desirable outcomes. (Sec. 454) Directs the Attorney General to issue certificates of review for providers of health care services and to assist persons in applying for such certificates. Sets forth procedures regarding applications for, revocation of, and review of determinations regarding, such certificates. Limits the disclosure of information. (Sec. 455) Sets forth provisions regarding notifications providing for a reduction in certain penalties under the antitrust laws for health care cooperative ventures. (Sec. 456) Directs the Attorney General to periodically review the safe harbors and certificates of review. (Sec. 458) Establishes within the Department of Health and Human Services an Office of Health Care Competition Policy. Title V: Special Assistance for Frontier, Rural, and Urban Underserved Areas - Subtitle A: Frontier, Rural, and Urban Underserved Areas - Amends the Public Health Service Act to direct the Secretary to establish and administer a program to provide allotments to enable States to provide grants for the creation or enhancement of community-based primary health care entities that provide services to low-income or medically underserved populations. Directs the Secretary to award grants to Federally Qualified Health Centers (FQHCs) and other entities and organizations for the purpose of providing access to services for medically underserved populations or in high impact areas not currently being served by an FQHC. Authorizes appropriations. Directs the Secretary to provide for a study to examine the relationship and interaction between community health centers and hospitals in providing services to individuals residing in medically underserved areas, ensuring that the National Rural Research Centers participate in such study. (Sec. 502) Amends the Internal Revenue Code to allow a qualified primary health services provider (physician, physician assistant, or nurse practitioner who provides full time primary health services in a health professional shortage area, subject to specified requirements) a credit against tax for a period of 60 consecutive calendar months from the time the taxpayer becomes a qualified provider. Sets forth rules regarding the recapture of credit and the expensing of medical equipment. Excludes National Health Service Corps loan repayments from gross income. Provides a deduction for student loan payments by medical professionals practicing in rural areas. (Sec. 503) Amends the SSA to include rural emergency access care hospital services among the benefits provided under the Supplementary Medical Insurance Program for the Aged and Disabled. (Sec. 504) Amends the Public Health Service Act to direct the Secretary to make grants to assist States in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas with access to treatments. (Sec. 505) Authorizes the Secretary to: (1) conduct a demonstration project under which public and private entities may apply for waivers of provisions of the SSA in order to operate rural health networks which improve the access of Medicare and Medicaid beneficiaries to, and the quality and outcomes of, health care services; and (2) grant waivers to operate rural health networks under the demonstration project to a number of public and private entities. Directs the Secretary to award grants to public and private entities which have received a waiver for planning, developing, and operation of rural health networks. Authorizes appropriations. Subtitle B: Primary Care Provider Education - Amends the Public Health Service Act to direct the Secretary to provide for the establishment of demonstration projects: (1) in up to seven States for the purpose of testing and evaluating mechanisms to increase the number and percentage of medical students entering primary care practice through the use of funds otherwise available for direct graduate medical education costs under the SSA; and (2) for up to seven health care training consortia for such purpose. Directs the Secretary to award grants to such consortia for developing and evaluating such projects. Authorizes appropriations. (Sec. 512) Amends the SSA to count residency training time in nonhospital-owned facilities in determining full-time equivalent residents for direct graduate medical education payments, and for certain indirect medical education payments, under Medicare. (Sec. 513) Amends the Public Health Service Act to increase: (1) National Health Service Corps funding; and (2) health professions funding for primary care physicians, nurse practitioners, and physician assistants. Authorizes the Secretary to award grants to enable public and nonprofit private entities to meet the cost of providing traineeships for individuals in baccalaureate and advanced-degree programs to educate such individuals to serve in and prepare for practice as physician assistants. Authorizes appropriations. (Sec. 516) Directs the Secretary to award grants to States or nonprofit entities to fund not less than ten demonstration projects to enable such States or entities to evaluate: (1) State mechanisms, including changes in the scope of practice laws, to enhance the delivery of primary care by nurse practitioners or physician assistants; (2) the feasibility of and most effective means of training subspecialists to deliver primary care as primary care providers; and (3) State mechanisms to increase the supply or improve the distribution of primary care providers. Authorizes appropriations. Subtitle C: Programs Relating to Primary and Preventive Care Services - Authorizes the Secretary to award grants to enable States to plan and implement coordinated, multidisciplinary, and comprehensive primary health care and social service programs targeted to pregnant women and infants. Authorizes appropriations. (Sec. 522) Authorizes frontier States (including Alaska, Wyoming, and Montana) to: (1) implement proposals to offer preventive services, including mobile preventive health centers, which may be located on aircraft, watercraft, or other forms of transportation; and (2) participate in demonstration projects to improve recruitment, retention, and training of rural providers, including nurse partitioners and physician assistants. Subtitle D: Limitation on Funding for Abortions - Specifies that: (1) nothing in this title shall be construed to authorize funding for any abortion, except to prevent the death of the mother; and (2) the provision of abortion services by a State or other entity shall not be regarded as a condition for participation in any grant or benefit authorized in this title. Title VI: Administrative Cost Savings - Subtitle A: Standardization of Claims Processing - Directs the Secretary to adopt standards relating to: (1) data elements for use in paper and electronic claims processing under health insurance plans, as well as for use in utilization review and management of care; (2) uniform claims forms; and (3) uniform electronic transmission of the data elements. Directs the Secretary, in adopting such standards, to take into account the recommendations of current task forces, consult with the National Association of Insurance Commissioners, and seek to make the standards consistent with any uniform clinical data sets which have been adopted and are widely recognized. Sets forth provisions regarding: (1) deadlines for promulgation; and (2) application of the standards. (Sec. 603) Directs the Secretary to provide for the periodic review and revision of such standards. Subtitle B: Electronic Medical Data Standards - Directs the Secretary to promulgate standards for hospitals concerning electronic medical data, including confidentiality standards. Authorizes the Secretary to periodically revise the standards and to promulgate (and periodically revise) standards for providers that are not hospitals. (Sec. 612) Requires each hospital, as of January 1, 1996 to: (1) maintain clinical data included in the set of comprehensive data elements in electronic form on all inpatients; (2) upon request of the Secretary or a utilization and quality control peer review organization, transmit electronically the data set; and (3) upon request of the Secretary or a fiscal intermediary or carrier, transmit electronically any data with respect to a claim from such data set in accordance with specified standards. Grants the Secretary waiver authority under specified circumstances. Directs the Secretary of Veterans Affairs to provide that each hospital of the Department of Veterans Affairs shall comply with requirements of this subtitle as if it were participating in the Medicare program. Grants such Secretary waiver authority under specified circumstances. (Sec. 613) Authorizes, effective January 1, 2000, a Federal agency to require a provider to transmit required data elements electronically in accordance with applicable presentation or transmission standards. (Sec. 614) Prohibits a health insurance plan, if standards for 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 specified under such standards; or (2) transmit or present any such data element in a manner inconsistent with the applicable transmission or presentation standards. Authorizes the Secretary to impose a civil monetary penalty on any health insurance plan (with exceptions) that fails to comply with such provision. (Sec. 615) Directs the Secretary to establish an advisory commission in collection and use of data and operation of data systems to monitor and advise the Secretary concerning the standards established under this subtitle and operational concerns about the implementation of such standards. Authorizes appropriations. Subtitle C: Development and Distribution of Comparative Value Information - Directs the Secretary to determine whether each State is developing and implementing a health care value information program (to assure the availability of comparative value information to purchasers of health care in each State) that meets specified criteria. Authorizes the Secretary to make grants to enable each State to plan the development of, and initiate the implementation of its health care value information program. Authorizes appropriations. (Sec. 622) Directs the Secretary, if a State has failed to develop or implement such program, to implement a comparable program in the State. (Sec. 623) Requires the head of each Federal agency with responsibility for the provision of health insurance or health care services to promptly develop and make available to States and to providers and consumers of health care services relevant to health care value information. Subtitle D: Preemption of State Quill Pen Laws - Provides that, effective January 1, 1996, no effect shall be given to any State law provision that requires medical or health insurance records (including billing information) to be maintained in written rather than electronic form. Title VII: Anti-Fraud and Anti-Rationing - Subtitle A: Criminal Prosecution of Health Care Fraud - Amends the Federal criminal code to set penalties for health care fraud. (Sec. 702) Authorizes the Attorney General, in special circumstances, to make payments of up to $10,000 to a person who furnishes information unknown to the Government relating to a possible prosecution for health care fraud, subject to specified limitations. Subtitle B: Coordination of Health Care Anti-Fraud and Abuse Activities - Amends the SSA to apply Federal health anti-fraud and abuse sanctions to all fraud and abuse against any health insurance plan. Directs the Secretary to: (1) identify opportunities for the satisfaction of community service obligations that a court may impose upon the conviction of a criminal ofense involving Medicare or State health care programs; and (2) make information concerning such opportunities available to Federal and State law enforcement officers and State and local health care officials. Subtitle C: Protection Against Rationing of Treatment - Prohibits a health care provider or health insurance plan from denying medical treatment or insurance coverage that a patient is otherwise qualified to receive against the wishes of a patient (or if the patient is incompetent, against the wishes of the patient's guardian) on the basis of the patient's present or predicted age, disability, degree of medical need, or quality of life. (Sec. 722) Makes specified remedies and procedures under the Civil Rights Act of 1964 applicable to any person who is denied medical treatment or insurance coverage, or who has reasonable grounds for believing that such person is about to be subjected to such denial, in violation of this subtitle. Permits an individual subjected to such denial (or a person who would be entitled to bring a cause of action for the individual's wrongful death) to obtain damages.
United States · United States Congress · 13 April 1994
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to require pay-as-you-go estimates with respect to legislation implementing trade agreements to take into account increased revenue caused by economic growth resulting from such legislation to offset any loss in tariff revenues due to that legislation.
United States · United States Congress · 24 March 1994
TABLE OF CONTENTS: Title I: Liability Title II: State Implementation Title III: Remedy Selection Title IV: Funding Comprehensive Superfund Improvement Act - Title I: Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to limit liability under such Act to actions involving hazardous substance releases occurring after December 11, 1980 (thus, eliminating retroactive liability), subject to the conditions of this Act. Makes such limit inapplicable to actions occurring before such date which were contrary to law. Provides for reimbursement from the Retroactive Liability Fund as provided by this Act. (Sec. 102) Sets forth retroactive liability provisions for actions which occurred before December 11, 1980. Bars reimbursement from the Retroactive Liability Fund to potentially responsible parties (PRPs) for construction costs if construction of the response action has been completed by January 1, 1994. Requires the President, if a PRP is conducting operation and maintenance (O&M) related to the action as of January 1, 1994, to assume the future costs of O&M and reimburse the party for costs incurred. Provides for reimbursement of construction costs for response actions not completed by such date, but only after the construction is completed. Directs the President to use the Retroactive Liability Fund to pay for all response action costs for sites discovered after such date. Establishes provisions for actions for which liability occurred before and after December 11, 1980. Permits PRPs conducting O&M related to the response action as of January 1, 1994, to petition the President for an allocation of O&M costs. Provides for reimbursement from the Retroactive Liability Fund of O&M costs attributable to actions occurring before December 11, 1980. Permits PRPs to petition for allocations of construction and O&M costs where actions have not been completed by January 1, 1994. Provides for reimbursement of O&M and construction costs attributable to actions occurring before December 11, 1980. Directs the President to use the Retroactive Liability Fund to pay for all costs attributable to actions occurring before December 11, 1980, for sites discovered after January 1, 1994. (Sec. 103) Provides that persons considered to be qualified organizations under provisions of the Internal Revenue Code governing charitable contributions who are grantees of conservation easements with respect to real property on which a facility is located shall not be considered as owners or operators, for purposes of determining liability for removal and response costs, unless they have caused or contributed to the release of hazardous substances. Establishes a rebuttable presumption that a defendant who has acquired real property has made all appropriate inquiry into previous ownership and uses of the property if he establishes that, immediately prior to or at the time of acquisition, he obtained an environmental assessment of the property to determine the presence of hazardous substances, including a review of specified records of the previous ownership and use of such property. (Sec. 104) Absolves persons who have resolved liability to the United States or a State in an approved settlement proceeding of liability for cost recovery regarding matters addressed in the settlement. (Sec. 105) Provides that persons who own or operate real property that is contiguous to or otherwise situated with respect to real property on which there has been a release of a hazardous substance and that may be contaminated shall not be considered to be an owner or operator for purposes of determining liability. Authorizes the President to issue assurances of no enforcement action to such persons and grant protection against cost recovery and contribution actions. (Sec. 106) Requires the President to issue regulations to define certain terms as they apply to liability of lenders and financial service providers. Excludes from the definition of "owner or operator" (thus, protecting from individual liability) fiduciaries who hold legal title to, are the mortgagees or secured parties with respect to, control, or manage, any facility or vessel at which a release occurred for purposes of administering an estate or trust of which such vessel or facility is a part. (Sec. 108) Makes liable parties who accept or successfully appeal the results of the allocation of responsibility under title V of this Act to be liable only for, with respect to National Priority List (NPL) sites, their assigned share of the costs of: (1) removal or remedial action incurred by the United States, a State, or an Indian tribe; (2) response incurred by any other person; and (3) any health assessment or health effects study. Requires the orphan share of an NPL site to be paid out of the Hazardous Substance Superfund (Fund) or the Retroactive Liability Fund. (Sec. 109) Makes PRPs or liable parties who fail to perform response actions at NPL sites subject to specified civil action. Requires reimbursement by Superfund of PRPs who perform and pay for response actions at NPL sites. Authorizes liable parties who perform and pay for such actions to recover costs as creditor parties as provided under title V of this Act. (Sec. 110) Directs the Administrator of the Environmental Protection Agency (EPA) to appoint panels of administrative law judges to perform expedited administrative proceedings, to be known as "binding allocations of responsibility (BARs)," for purposes of determining the liability of PRPs at NPL sites. Provides that BARs shall not address or affect liability concerning damages to natural resources. Provides for the initiation of a BAR by the filing of a petition with the EPA Office of Administrative Law Judges by the Administrator or a State where the site is located. Exempts de micromis parties (parties that a panel determines contributed only 100 pounds or liters of material containing hazardous substances at the facility or such amount as determined by the Administrator) from liability to the United States or to any other person for response actions or for past, present, or future costs incurred at the site. Requires final BARs to be issued within 18 months of the publication of a notice of petition (or 24 months for cases of exceptional complexity). Bases the assigned share of liability on specified allocation factors, including the ability to pay. Requires the Administrator to make firm offers of settlement to all de minimis parties (parties that contributed only one percent or less of the total quantity of hazardous substances present at the site). Makes a BAR decision binding as to all past, present, and future liability for response costs and for contributions in civil proceedings. Permits judicial review of final BAR decisions. Sets forth procedures for recovery by creditor parties. Provides for stays of certain pending enforcement actions and private party litigation until a BAR is issued. Authorizes any group of PRPs to submit a private allocation for the NPL site, to be known as a "voluntary binding allocation of responsibility," to the allocation panel. Provides that a BAR shall constitute a permanent determination of the assigned share of a liable party and of the orphan share and, except for specified additions to the orphan share and judicially mandated changes, shall not be subject to any change for at least five years after the date of final decision. Permits a new BAR only if the request demonstrates that due to new information not reasonably available during the first BAR, a 35 percent or greater increase in total waste-in volume has been discovered. (Sec. 111) Exempts qualified redevelopers from liability for costs or damages with respect to hazardous substance releases. (Sec. 112) Extends a current exemption from liability for response action contractors under Federal law to State and local law and expands the activities considered to be response actions. Excludes such contractors from the definition of "owner or operator" for purposes of limiting liability. Provides a limitation on actions against response action contractors. Title II: State Implementation - Authorizes States to apply to the Administrator to carry out response actions and enforcement activities at all facilities listed or proposed for listing on the NPL. Grants a State such authority if it possesses the legal authority, technical capability, and resources necessary to conduct response actions in a manner consistent with this Act. Makes such States eligible for response action financing from the Fund and the Retroactive Liability Fund. Requires States to pay ten percent of the costs of all response actions for which the State receives funds from the Fund. Makes such cost-sharing requirement inapplicable to States that receive funds from the Retroactive Liability Fund. (Sec. 201) Authorizes a State to select a response action that achieves a level of cleanup that is more stringent than required if it agrees to pay for the incremental increase in response cost attributable to achieving the more stringent level. (Sec. 203) Directs the President to: (1) maintain records of the costs incurred in connection with any oversight contract or arrangement for remedial investigations or feasibility studies; and (2) establish an administrative procedure under which a party that conducts a response action may contest the costs incurred in such oversight. Requires oversight costs exceeding 50 percent of the response costs incurred by the responsible party to be paid by the Fund. Title III: Remedy Selection - Authorizes the President or an authorized State to take immediate risk reduction measures whenever a release poses an imminent and substantial danger to public health. Prohibits the President or a State from instituting long-term remediation measures. Authorizes the use of the Fund for such measures, but permits the President to recover costs from liable parties as well. (Sec. 302) Applies the hazard ranking system to a site or facility only after the site or facility has undergone immediate risk reduction measures. Applies such requirement to sites and facilities to be newly listed on the NPL and to any sites already listed for which remedial investigation and feasibility studies have not been conducted. (Sec. 303) Directs the President or a State, as appropriate, to prepare a long-term response plan for an affected facility. Authorizes PRPs to prepare and carry out certain elements of such plan. Requires such plans to address: (1) site characterization; (2) risk assessment; (3) recommendations made by community advisory councils; and (4) response option identification. Requires plans for: (1) facilities to be newly listed on the NPL after this Act's enactment date; (2) facilities or sites listed on the NPL for which remedial investigations and feasibility studies have not been conducted; and (3) facilities or sites on the NPL for which such investigations and studies have been conducted but for which contracts have not been executed for remedial design and action. Directs persons carrying out remedial investigations to assess risks to human health and the environment, separately evaluating current and likely future risks. Directs the Administrator to create a Community Advisory Council for each facility listed on the NPL to provide information to PRPs, the Administrator, and the State regarding the future use of the facility and affected off-site areas and resources. Requires response option identifications under long-term remediation plans to provide for cost-benefit analyses on containment, remediation, monitoring, delisting, and institutional controls. Directs the President to promulgate and include in the national contingency plan guidelines for conducting cost/benefit analyses of response actions conducted under CERCLA. (Sec. 304) Revises provisions regarding selection of remedial actions to require the President or a State, after completion of a long-term response plan, to select the response that best achieves an acceptable level of residual risk reduction at the facility or site. Sets forth factors to be considered in selecting such actions, including site-specific impacts, economic impacts on PRPs, and costs and benefits of options. Provides preferences for actions that significantly reduce the volume, toxicity, or mobility of the hazardous substances or the exposure to such substances. Extends site or facility boundaries to include areas subject to easements or other institutional controls with respect to response actions. Makes selections subject to judicial review. Requires implementation of an action within 60 days after the selection has been made and: (1) an appeal has been filed and a court has acted on the appeal; or (2) the time for filing an appeal has expired and no appeal has been filed. Repeals certain cleanup standards. (Sec. 305) Requires the review of selected response actions at least once every five years to assure that human health and the environment are being protected. (Currently, such review is required for actions that result in hazardous substances remaining at the site.) (Sec. 306) Provides for delisting of sites or facilities from the NPL after an action achieves the cleanup goal. Title IV: Funding - Amends the Internal Revenue Code to extend environmental tax and certain Superfund provisions for a period of five years. Increases the aggregate tax which may be collected and credited to the Fund. Extends the deadline for repayment of advances made to the Fund from December 31, 1995, to December 31, 2000. Extends the authorization of appropriations for the Fund through FY 2000. (Sec. 402) Increases the environmental income tax. Provides that only 50 percent of such taxes received in the Treasury shall be deposited into the Fund in tax years between December 31, 1994, and January 1, 2000. (Sec. 404) Establishes the Retroactive Liability Fund. Appropriates 50 percent of revenues from the environmental tax to such fund in addition to certain environmental fees and assessments on insurance companies.
United States · United States Congress · 21 March 1994
Abolishes the Medicare and Medicaid Coverage Data Bank established under the Omnibus Budget Reconciliation Act of 1993. Directs the Secretary of Health and Human Services to study and report to the Congress on how to achieve the former objectives of such entity in the most cost-effective manner.
United States · United States Congress · 17 March 1994
TABLE OF CONTENTS: Title I: Golden Gate National Area Title II: Presidio Public Benefit Corporation Title I: Golden Gate National Recreation Area - Includes certain areas in Mateo County, California, within the Golden Gate National Recreation Area. Authorizes the Secretary of the Interior to: (1) utilize the resources of the Presidio unit of the Golden Gate National Recreation Area, California, to provide for and support programs and activities that foster research, education, and demonstration projects concerning the environment, international affairs, cultural understanding, health, and science; (2) negotiate and enter into leases, as appropriate, with any private or government entity for the use of any property within the Presidio, except such properties which the Secretary of Defense determines are essential for the continued use of the Presidio by the sixth Army in accordance with the Area's General Management Plan or the Act establishing the Area; (3) negotiate and enter into leases or other appropriate agreements with any Federal agency or organization to house that agency's or organization's employees who are engaged in activities or programs at the Presidio; and (4) enter into interagency permitting agreements or other appropriate agreements with the Secretary of Defense and the Administrator of the Federal Emergency Management Agency and leases with the Red Cross to house their activities and employees at the Presidio. Requires the Secretary to establish competitive bidding procedures to be used for the issuance of such leases. Authorizes the Secretary to enter into cooperative agreements and permits for purposes of such Area. Title II: Presido Public Benefit Corporation - Authorizes the President to establish the Presidio Public Corporation only after San Francisco makes specified zoning decisions. Requires the Secretary to transfer all lands, facilities, and interest in certain Presidio properties to the Corporation. Transfers the Public Health Service Hospital and surrounding 36 acres to the administrative jurisdiciton of the Corporation. Directs the Corporation to sell: (1) the Public Health Service Hospital and adjacent golf course and allows it to use the proceeds of the sale for any function authorized by this Act; and (2) at fair market value, the Letterman Army Institute of Research, Letterman Army Medical Center, and such other buildings and lands in the Letterman complex necessary to conduct scientific research or education programs pertaining to human health to the University of California and authorizes it to use the proceeds from the sale for the same purposes. Allows the Secretary or other Cabinet officers to provide Federal personnel, facilities, and services to the Corporation on a reimbursement basis. Declares that the Corporation is devoted to an essential public and governmental function and purpose. Exempts it from all Federal taxes and special assessments. Applies all general penal statutes relating to the larceny, embezzlement, or conversion of public moneys or U.S. property to the moneys and property of the Corporation. Subjects the Corporation to provisions of Federal laws relating to administrative procedures and freedom of information.
United States · United States Congress · 16 March 1994
Deficit Reduction Lock Box Act of 1994 - Establishes the Deficit Reduction Trust Fund consisting of amounts contained in deficit reduction lock box provisions of appropriations Acts. Reduces discretionary spending limits by amounts transferred to the Fund. Amends the Congressional Budget Act of 1974 to require that amounts resulting from reduced spending under general appropriations bills be placed in the Fund. Requires the Congressional Budget Office to score all general appropriations measures as passed by the House and Senate and to publish such scorecard in the Congressional Record.
![Official portrait of Sen. Inhofe, James M. [R-OK]](https://www.congress.gov/img/member/i000024_200.jpg)