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Records
Question· oralPQ 17asked
Ireland · Dáil Éireann · 27 October 1994
29 Mr. Barry asked the Minister for the Environment the results of the project carried out to investigate the feasibility of using recycled newspaper for animal bedding.
[2386/94]
Question· oralPQ 16asked
Ireland · Dáil Éireann · 27 October 1994
8 Mr. Bradford asked the Minister for the Environment the results of the project carried out to investigate the feasibility of using recycled newspaper for animal bedding.
[2384/94]
Question· oralPQ 15asked
Ireland · Dáil Éireann · 27 October 1994
7 Mr. Ring asked the Minister for the Environment if he will consider placing photographs on ballot papers in the forthcoming Cork North-Central and Cork South-Central by-elections.
[2277/94]
Question· oralPQ 14asked
Ireland · Dáil Éireann · 27 October 1994
6 Mr. R. Bruton asked the Minister for the Environment the grants which will be available to local authorities and other bodies to develop an effective recycling policy in 1995 and thereafter; and if he will make a statement on the matter.
[550/94]
Question· oralPQ 13asked
Ireland · Dáil Éireann · 27 October 1994
61 Mr. Barrett asked the Minister for the Environment if he intends abolishing water charges; and if he will make a statement on the matter.
[2293/94]
Question· oralPQ 12asked
Ireland · Dáil Éireann · 27 October 1994
58 Mr. Clohessy asked the Minister for the Environment if he has received a copy of the report completed by the Labour Party Review Group on local service charges; if he intends to abolish these charges; and if he will make a statement on the matter.
[2333/94]
Question· oralPQ 11asked
Ireland · Dáil Éireann · 27 October 1994
51 Miss Harney asked the Minister for the Environment if he has received a copy of the report completed by the Labour Party Review Group on local service charges; if he intends to abolish these charges; and if he will make a statement on the matter.
[2334/94]
Question· oralPQ 10asked
Ireland · Dáil Éireann · 27 October 1994
5 Ms McManus asked the Minister for the Environment the plans, if any, he has for the abolition of service charges in view of the reported comments of the Minister of State at his Department to the effect that he wished to see a fairer system and that local charges were a poorly thought out form of local taxation; the guidelines, if any, his Department has issued to local authorities regarding the treatment of those who are unable or fail to make payments; if he will amend any such guidelines to halt the disconnections of water supply to defaulters in view of the health and social implications of such disconnections; and if he will make a statement on the matter.
[2406/94]
Question· oralPQ 9asked
Ireland · Dáil Éireann · 27 October 1994
19 Mr. Deenihan asked the Minister for the Environment if he intends to change the system for the allocation of the rate support grant in order to ensure a more equitable distribution of funds to local authorities; and if he will make a statement on the matter.
[2329/94]
Question· oralPQ 8asked
Ireland · Dáil Éireann · 27 October 1994
3 Miss Quill asked the Minister for the Environment the plans, if any, he has for reforming the system of rates support grants to local authorities, to bring about a more equitable distribution of Government funds; and, if so, when he proposes to give effect to them.
[2401/94]
Question· oralPQ 7asked
Ireland · Dáil Éireann · 27 October 1994
36 Mr. J. Bruton asked the Minister for the Environment the precise criteria by which particular parts of towns are chosen for urban renewal status as against other parts of the same town; the persons by whom the decisions are taken; the procedures, if any, that exist to ensure transparency and lack of favouritism in the making of decisions of this kind which can have the effect of enriching some property owners rather than others.
[58/94]
Question· oralPQ 6asked
Ireland · Dáil Éireann · 27 October 1994
23 Mr. M. McDowell asked the Minister for the Environment the basis on which he satisfied himself that all of the areas designated for urban renewal in Longford town are in need of renewal; and if he will make a statement on the matter.
[2331/94]
Question· oralPQ 5asked
Ireland · Dáil Éireann · 27 October 1994
17 Mr. Rabbitte asked the Minister for the Environment the criteria used by his Department in designating areas for urban renewal; the level at which such decisions are made within his Department; and if he will make a statement on the matter.
[2302/94]
Question· oralPQ 4asked
Ireland · Dáil Éireann · 27 October 1994
2 Mr. Barrett asked the Minister for the Environment the criteria used to designate certain areas throughout the country for the urban renewal scheme; and if he will make a statement on the matter.
[2404/94]
Question· oralPQ 3asked
Ireland · Dáil Éireann · 27 October 1994
55 Miss Harney asked the Minister for the Environment the financial cost to his Department of the feasibility work done on the provision for a national toxic waste incinerator: the plans, if any, he has to dispose of dangerous waste; and if he will make a statement on the matter.
[2343/94]
Question· oralPQ 2asked
Ireland · Dáil Éireann · 27 October 1994
26 Proinsias De Rossa asked the Minister for the Environment in view of the decision not to proceed with a national waste incinerator, if he will give details of his strategy for dealing with the reduction, refuse and recycling of domestic refuse and for the promotion of clean production methods, thus reducing levels of industrial effluent; and if he will make a statement on the matter.
[2307/94]
Question· oralPQ 1asked
Ireland · Dáil Éireann · 27 October 1994
1 Mr. Barrett asked the Minister for the Environment the plans, if any, he has to deal with the disposal of hazardous waste in view of his recent announcement that a national incinerator would not be proceeded with.
[2403/94]
Bill· COD1994/0152(COD)rdg1
European Union · European Parliament · 24 October 1994
Bill· SS. 2559 (103rd)open
United States · United States Congress · 8 October 1994
Requires Federal agencies, in implementing the Oil Pollution Act of 1990, to differentiate between animal fats or oils of vegetable origin and other oils, including petroleum oils, on the basis of their physical, chemical, biological, and other properties and their environmental effects.
Bill· SS. 2553 (103rd)referred
United States · United States Congress · 7 October 1994
Cooperative Planning Assistance Act of 1994 - Amends the Endangered Species Act of 1973 to authorize the Secretary of the Interior to enter into a cooperative agreement with a State, political subdivision, or group of States or State political subdivisions to provide assistance for habitat acquisition required to carry out an approved conservation plan, including assisting the entity in ensuring that adequate funding for the plan will be provided. Authorizes the Secretary to pay to an entity that is a party to such cooperative agreement the full amount of interest on a loan, bond, or other debt instrument of the entity that is approved by the Secretary before entering into the agreement and that is used solely for habitat acquisition costs identified in an approved conservation plan. Requires the entity, before entering into such cooperative agreement, to demonstrate its ability to repay the principal amount of the debt incurred in a timely manner and from a source, other than its general tax revenue, that is dedicated to repaying the principal. Sets forth factors to be considered by the Secretary before entering into such cooperative agreements. Provides that: (1) the sole obligation to be paid by the Secretary pursuant to the cooperative agreement shall be the interest on the debt; and (2) the entity that is a party to such agreement shall pay the principal. Terminates the obligation of the Secretary to pay interest and requires the defaulting entity to repay the Secretary all interest payments made pursuant to the terms of the cooperative agreement if the entity that is a party to the agreement defaults on the payment of the principal amount of the debt and the default continues for two years or more. Provides that on full payment of the debt and at the request of the Secretary the habitat purchased by the entity with funds obtained through the debt instrument shall be conveyed to the United States. Provides that if the Secretary exercises such authority, the use of the property shall be dedicated to the protection of species and the preservation of any wilderness areas of the property.
Bill· SS. 2535 (103rd)referred
United States · United States Congress · 7 October 1994
TABLE OF CONTENTS: Title I: Federal Commitment to Urban Economic Development Title II: Tax Incentives to Stimulate Urban Economic Development Title III: Community Regulatory Relief Title IV: Community-Based Housing Development Title V: Response to Urban Environmental Challenges Subtitle A: Environmental Cleanup Subtitle B: Environmental-Economic Recovery New Urban Agenda Act of 1994 - Title I: Federal Commitment to Urban Economic Development - Amends the Office of Federal Procurement Policy Act to require executive agencies to expend not less than 15 percent in a fiscal year for the purchase of goods from businesses located in empowerment zones, enterprise communities, or enterprise zones. Requires agencies, to the maximum extent practicable, to purchase recycled products from businesses located in such zones. (Sec. 102) Requires not less than 15 percent of foreign assistance provided in a fiscal year to be for the purchase of U.S. goods produced, manufactured, or assembled in such zones. (Sec. 103) Directs the Secretary of Commerce, in designating and providing financial assistance to Manufacturing Technology Outreach Centers, to give preference to centers located in such zones. (Sec. 104) Establishes a preference for the construction, improvement, or relocation of Federal facilities in distressed urban areas. Title II: Tax Incentives to Stimulate Urban Economic Development - Amends the Internal Revenue Code with respect to the offset for rental real estate activities under passive activity rules to increase the rehabilitation credit under such rules. (Sec. 202) Allows the rehabilitation investment credit to offset a portion of tentative minimum tax. (Sec. 203) Allows the issuance of tax-exempt facility bonds for sports facilities, convention or trade show facilities, freestanding parking facilities, air or water pollution control facilities, or industrial parks. Makes termination dates on such tax-exempt bonds inapplicable to bonds issued to finance manufacturing facilities. (Sec. 204) Increases the permitted amount of qualified small issue bonds for facilities to be used by related persons. (Sec. 205) Provides an exception to arbitrage interest rebate provisions if 100 percent of available construction proceeds are spent for governmental purposes within three years of the issuance of the tax-exempt bonds. Title III: Community Regulatory Relief - Provides that any requirement under a Federal statute or regulation which creates a Federal mandate shall apply to State or local government only if all funds necessary to pay the direct costs incurred by the government in conducting the activity are provided by the Federal Government for the fiscal year in which the direct cost is incurred. Requires the Director of the Congressional Budget Office to analyze the effects of each bill or resolution on each state and local government's compliance with a Federal mandate. Requires each measure reported or considered in either House of the Congress to be accompanied by such analyses. Requires reports by the Director to the President and the Congress estimating the direct costs of such compliance for each fiscal year in which a Federal mandate will be in effect. Title IV: Community-Based Housing Development - Amends the United States Housing Act of 1937 to increase section 8 rental subsidies. (Sec. 402) Directs the Secretary of Housing and Urban Development to report to the Comptroller General on the feasibility of consolidating existing public and low-income housing programs into a comprehensive block grant system of Federal aid. Requires the Comptroller General to report to the Congress with an analysis of such report and recommendations. (Sec. 403) Provides, when practicable, for the reconstruction of public housing dwelling units on the same property on which such units were demolished or disposed, and for the relocation of displaced tenants to such new units. Title V: Response to Urban Environmental Challenges - Subtitle A: Environmental Cleanup - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to exclude local governments that are owners or operators of facilities in distressed urban areas from liability under such Act. Requires the President to establish standards for the degree of cleanup of hazardous substances, pollutants, and contaminants released into the environment for facilities located in distressed urban areas. Subtitle B: Environmental-Economic Recovery - Authorizes the Secretary of Energy to make no more than three loans to units of local government for distressed urban areas for the establishment of facilities to dispose of, and obtain inexpensive electrical power and steam from, solid waste. Requires a report to the Congress on the results of financing such facilities.
Bill· HRH.R. 5278 (103rd)referred
United States · United States Congress · 7 October 1994
TABLE OF CONTENTS: Title I: Physical Capital Investment Subtitle A: Highways and Mass Transit Subtitle B: Airports Subtitle C: Railroads Subtitle D: Water and Sewage Treatment Facilities Subtitle E: Environmental Restoration Subtitle F: Community Development Assistance Subtitle G: Education Infrastructure Subtitle H: Renewable Energy and Energy Efficiency Title II: Human Capital Investment Subtitle A: Job Training Subtitle B: Education Subtitle C: Head Start Subtitle D: Programs Under Public Health Service Act Title III: Amendments of Internal Revenue Code of 1986 Subtitle A: Reduction in Employee Payroll Taxes; Credit for First-Time Homebuyers Subtitle B: Revenue Increases Title IV: Appropriations Title I: Physical Capital Investment - Subtitle A: Highways and Mass Transit - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to authorize additional appropriations from the Highway Trust Fund (other than the Mass Transit Account) for interstate maintenance, surface transportation, and bridges. (Sec. 1002) Amends the Federal Transit Act to authorize additional appropriations and make available additional funding from the Mass Transit Account for certain formula grants and discretionary grants transit programs. Subtitle B: Airports - Amends the Airport and Airway Improvement Act of 1982 to make available additional amounts for airport improvement program grants (including grants for airport noise compatibility planning). Subtitle C: Railroads - Amends the Department of Transportation Act to increase and extend the authorization of appropriations for local rail freight assistance. Subtitle D: Water and Sewage Treatment Facilities - Amends the Federal Water Pollution Control Act to extend the authorization of appropriations for State water pollution control revolving funds. Subtitle E: Environmental Restoration - Provides funds for environmental restoration at facilities of the Departments of Defense and of Energy. Sets forth various authorizations of appropriations and makes appropriations for such purposes. Subtitle F: Community Development Assistance - Chapter 1: Community Development Block Grants - Authorizes additional appropriations for community development block grants under the Housing and Community Development Act of 1974. Chapter 2: Community Banking and Economic Empowerment Act - Community Banking and Economic Empowerment Act - Directs the Secretary of Housing and Urban Development (HUD) to provide capital, operating, and technical assistance to community development lenders and certain eligible entities in order to: (1) make credit-related services available to low-income persons inadequately served by traditional lending institutions; and (2) promote development and revitalization of low-income neighborhoods. Delineates the purposes for which the Secretary of HUD may provide assistance to community development lenders and to the eligible entities establishing those lenders. Prescribes guidelines for assisted community development lenders, including assistance agreements and auditing procedures. (Sec. 1520) Amends the Community Reinvestment Act to preclude a regulated financial institution from receiving either an "outstanding" or a "satisfactory" rating for meeting community credit needs solely on the basis of its loans or investments in community development lenders. (Sec. 1521) Requires annual reports to the Congress. (Sec. 1524) Authorizes appropriations for: (1) capital and operating assistance for community development lenders; and (2) technical assistance for organizing and operating community development lenders. Subtitle G: Education Infrastructure - Education Infrastructure Act of 1994 - Directs the Secretary of Education to award grants to eligible local educational agencies to meet the National Education Goals through repair, renovation, alteration, and construction of public elementary or secondary school libraries, media centers, or facilities, used for academic or vocational instruction, including certain authorized activities. Authorizes appropriations. (Sec. 1606) Sets forth requirements for: (1) priorities in selection of applications; (2) maintenance of effort, supplementation of non-Federal funds, and general limitations; (3) minority small business participation as project contractors or subcontractors, and payment of wages in accordance with the Davis-Bacon Act; and (4) Federal evaluation. (Sec. 1610) Authorizes the comprehensive regional centers to provide technical assistance to such projects. Subtitle H: Renewable Energy and Energy Efficiency - Authorizes additional appropriations to the Secretary of Energy for renewable energy research, development, and demonstration programs described in specified provisions of the Renewable Energy and Efficiency Technology Competitiveness Act of 1989. (Sec. 1702) Amends the National Energy Conservation Policy Act to increase and extend the authorization of appropriations for the Federal Energy Efficiency Fund and the new technology demonstration program. Title II: Human Capital Investment - Subtitle A: Job Training - Amends the Job Training Partnership Act (JTPA) to establish an allied health professional job training program. Directs the Secretary of Labor to make grants to institutions of higher education to establish job training assistance programs for at-risk youths and long-term welfare recipients to become allied health professionals. Authorizes appropriations. Increases the authorization of appropriations for the following youth job training programs: (1) Youth Fair Chance under JTPA; and (2) Youthbuild under the Homeownership and Opportunity Through HOPE Act. Subtitle B: Education - Extends and increases the authorizations of appropriations for certain programs for educational personnel under the Adult Education Act and the Elementary and Secondary Education Act of 1965. Subtitle C: Head Start - Amends the Head Start Act to extend and increase the authorization of appropriations for Head Start programs. Subtitle D: Programs Under Public Health Service Act - Chapter 1: Funding Initiative for Programs Providing Health Services - Authorizes additional appropriations for the following programs under the Public Health Service Act: (1) community health centers; (2) migrant health centers; (3) health care for the homeless; (4) preventive services regarding tuberculosis, breast and cervical cancer, lead exposure, HIV disease, and prostate cancer; (5) immunization; (6) cancer registries; (7) comprehensive school health education; (8) prevention and control of sexually transmitted diseases, diabetes, and injuries; (9) child day care health and safety; (10) asthma; (11) environmental health, including response to urgent environmental threats to public health and environmental services regarding the health of individuals in the United States in the vicinity of the Mexican border; (12) block grants for community mental health services, prevention and treatment of substance abuse, and preventive health services; and (13) scholarship and loan repayment programs of the National Health Service Corps. Authorizes additional appropriations for the maternal and child health block grant program under the Social Security Act. Chapter 2: Community Health Advisor Program - National Community Health Advisor Act - Directs the Secretary of Health and Human Services, for each State or State-designated entity that submits an appropriate application, to award formula grants for the development and operation of community health advisor (CHA) programs. Requires such States to: (1) operate a clearinghouse to maintain and disseminate information on CHA programs; (2) provide technical assistance for training CHAs; and (3) coordinate all CHA activities carried out by the State under the award. Limits administrative costs to 15 percent of the total award. (Sec. 2314) Provides CHA program objectives and goals. Requires funding agreements for such awards to give priority to developing and operating CHA programs for medically underserved communities (poor rural and inner city areas). (Sec. 2315) Requires a State to provide matching funds of 25 percent of award amounts toward such programs. Requires a CHA program in a State to be carried out in at least one urban area and one rural area. Requires ongoing supervision of CHAs involved in the program. Allows for expenditures under the award for training and continuing education programs. Requires reports from State applicants to the Secretary assessing the effectiveness of CHA programs. (Sec. 2317) Provides for the determination of the amount allotted to each chosen applicant, taking into account the population and poverty level of the area involved. (Sec. 2318) Directs the Secretary to establish guidelines for quality assurance and cost-effectiveness of the CHA programs. (Sec. 2319) Requires evaluations of each such program. (Sec. 2320) Prohibits this chapter from being construed to require the Secretary to modify or terminate the Community Health Representative Program of the Indian Health Service. (Sec. 2322) Authorizes appropriations for the CHA program. Title III: Amendments of Internal Revenue Code of 1986 - Subtitle A: Reduction in Employee Payroll Taxes; Credit for First-Time Homebuyers - Amends the Internal Revenue Code (IRC) to provide a refundable credit for a portion of social security taxes for taxable years 1995 and 1996, equal to 20 percent of the taxpayer's social security taxes for that year, up to a maximum credit of $200, or $400 for a joint return. (Sec. 3002) Allows a nonrefundable personal credit for purchase of a principal residence by a first-time homebuyer. Sets such maximum overall credit at no more than $6,000. Subtitle B: Revenue Increases - Amends the IRC to establish a stock transfer excise tax. (Sec. 3102) Repeals a preferential rate of tax on capital gains. (Sec. 3103) Provides for a carryover basis for certain property acquired from a decedent. Provides for nonrecognition of gain where certain appreciated carryover basis property is used in satisfaction of a pecuniary bequest. Sets forth a procedure for binding determination of initial basis of carryover basis property. Sets forth requirements for information regarding carryover basis property acquired from a decedent. Sets penalties for negligent or fraudulent overstatement of initial basis and for failure to furnish such required information. Makes a $125,000 exclusion available to the spouse of a decedent in certain cases. (Sec. 3104) Allows unused capital loss carryovers to be transferred to an estate. Provides capital gain treatment for inherited art or similar property. Title IV: Appropriations - Appropriates amounts authorized under this Act. (Sec. 4002) Designates the entire amount appropriated under this Act as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985.
Bill· HRH.R. 5288 (103rd)referred
United States · United States Congress · 7 October 1994
Bi-State Waste Disposal Efficiency Act - Amends the Solid Waste Disposal Act to provide that any requirement in a Federal law that an owner or operator of a landfill or incinerator obtain authorization to receive out-of-State municipal solid waste shall not apply if the out-of-State waste is generated within, and the landfill or incinerator is located within, the same bi-State level A metropolitan statistical area which contains two contiguous major cities located in different States.
Bill· HRH.R. 5279 (103rd)referred
United States · United States Congress · 7 October 1994
TABLE OF CONTENTS: Title I: Federal Commitment to Urban Economic Development Title II: Tax Incentives to Stimulate Urban Economic Development Title III: Community Regulatory Relief Title IV: Community-Based Housing Development Title V: Response to Urban Environmental Challengers Subtitle A: Environmental Cleanup Subtitle B: Environmental-Economic Recovery New Urban Agenda Act of 1994 - Title I: Federal Commitment to Urban Economic Development - Amends the Office of Federal Procurement Policy Act to require executive agencies to expend not less than 15 percent in a fiscal year for the purchase of goods from businesses located in empowerment zones, enterprise communities, or enterprise zones. Requires agencies, to the maximum extent practicable, to purchase recycled products from businesses located in such zones. (Sec. 102) Requires not less than 15 percent of foreign assistance provided in a fiscal year to be for the purchase of U.S. goods produced, manufactured, or assembled in such zones. (Sec. 103) Directs the Secretary of Commerce, in designating and providing financial assistance to Manufacturing Technology Outreach Centers, to give preference to centers located in such zones. (Sec. 104) Establishes a preference for the construction, improvement, or relocation of Federal facilities in distressed urban areas. Title II: Tax Incentives to Stimulate Urban Economic Development - Amends the Internal Revenue Code with respect to the offset for rental real estate activities under passive activity rules to increase the rehabilitation credit under such rules. (Sec. 202) Allows the rehabilitation investment credit to offset a portion of tentative minimum tax. (Sec. 203) Allows the issuance of tax-exempt facility bonds for sports facilities, convention or trade show facilities, freestanding parking facilities, air or water pollution control facilities, or industrial parks. Makes termination dates on such tax-exempt bonds inapplicable to bonds issued to finance manufacturing facilities. (Sec. 204) Increases the permitted amount of qualified small issue bonds for facilities to be used by related persons. (Sec. 205) Provides an exception to arbitrage interest rebate provisions if 100 percent of available construction proceeds are spent for governmental purposes within three years of the issuance of the tax-exempt bonds. Title III: Community Regulatory Relief - Provides that any requirement under a Federal statute or regulation which creates a Federal mandate shall apply to State or local government only if all funds necessary to pay the direct costs incurred by the government in conducting the activity are provided by the Federal Government for the fiscal year in which the direct cost is incurred. Requires the Director of the Congressional Budget Office to analyze the effects of each bill or resolution on each state and local government's compliance with a Federal mandate. Requires each measure reported or considered in either House of the Congress to be accompanied by such analyses. Requires reports by the Director to the President and the Congress estimating the direct costs of such compliance for each fiscal year in which a Federal mandate will be in effect. Title IV: Community-Based Housing Development - Amends the United States Housing Act of 1937 to increase section 8 rental subsidies. (Sec. 402) Directs the Secretary of Housing and Urban Development to report to the Comptroller General on the feasibility of consolidating existing public and low-income housing programs into a comprehensive block grant system of Federal aid. Requires the Comptroller General to report to the Congress with an analysis of such report and recommendations. (Sec. 403) Provides, when practicable, for the reconstruction of public housing dwelling units on the same property on which such units were demolished or disposed, and for the relocation of displaced tenants to such new units. Title V: Response to Urban Environmental Challenges - Subtitle A: Environmental Cleanup - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to exclude local governments that are owners or operators of facilities in distressed urban areas from liability under such Act. Requires the President to establish standards for the degree of cleanup of hazardous substances, pollutants, and contaminants released into the environment for facilities located in distressed urban areas. Subtitle B: Environmental-Economic Recovery - Authorizes the Secretary of Energy to make no more than three loans to units of local government for distressed urban areas for the establishment of facilities to dispose of, and obtain inexpensive electrical power and steam from, solid waste. Requires a report to the Congress on the results of financing such facilities.
Bill· HRH.R. 5250 (103rd)referred
United States · United States Congress · 7 October 1994
Flow Control Act of 1994 - Authorizes a State or qualified political subdivision to exercise flow control authority for municipal solid waste, incinerator ash, and construction or demolition debris generated within its boundaries if, before May 15, 1994, such entity: (1) adopted a law, regulation, or legally binding provision that contains such authority and directs the waste, ash, or debris to a waste management facility designated before such date or identifies the use of waste management methods; and (2) committed to the designation of a facility for such methods. Authorizes such an entity to exercise such authority for voluntarily relinquished recyclable materials generated within its boundaries. Establishes similar authority for States and subdivisions that meet such requirements after this Act's enactment. (Sec. 202) Provides that laws, regulations, or legally binding provisions that implement flow control authority shall be considered to be a reasonable regulation of commerce. Permits such authority with respect to recyclable materials only if: (1) the generator or owner of the materials voluntarily made the materials available to the State or subdivision and relinquished any rights to, or ownership of, such materials; and (2) the State or subdivision assumes such rights or ownership. Allows such authority with respect to solid waste or recyclable materials only if the State or subdivision establishes a program to separate or divert recyclable materials for purposes of recycling, reclamation, or reuse. Makes such condition inapplicable in certain cases. Establishes additional conditions on the exercise of flow control authority, including requirements that such authority is necessary to meet current or anticipated waste management needs, revenues derived from the exercise of such authority are devoted primarily to solid waste management services, and States and subdivisions implement a competitive designation process with respect to waste management facilities or facilities for recyclable materials. Retains the applicability of certain existing laws and contracts and considers such laws and contracts to be a reasonable regulation of commerce.
Bill· HRH.R. 5270 (103rd)open
United States · United States Congress · 7 October 1994
Farm Viability and Pest Management Improvement Act of 1994: A National Program for Pesticide Reduction - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to direct the Administrator of the Environmental Protection Agency (EPA) to establish a pesticide reduction council in each EPA region. Directs the Administrator and the Secretary of Agriculture to carry out specified activities with respect to assessing and approving integrated pest management systems and pesticide reduction plans and goals and implementing programs to assist farmers in adopting such systems. Requires the Administrator to reduce or restrict the use of pesticides that contribute significant health and environmental risks or to amend labels of such pesticides in regions where goals of this Act have not been met. Requires the Administrator to set quantitative goals for reducing or eliminating the use of nonagricultural pesticides and carry out plans to achieve such goals within six years. Directs Federal agencies to establish pesticide reduction goals and to implement integrated pest management systems. Requires the Secretary to determine the percentage of food purchases throughout the United States that are organically produced. Directs Federal agencies to develop procurement plans that ensure that the percentage of an agency's purchase of organically produced food meets or exceeds such percentage, and meets or exceeds twice such percentage, within three and six years of this Act's enactment, respectively. Directs the Secretary and the Administrator to establish a national pesticide use recordkeeping and reporting system for agricultural and nonagricultural applications. Imposes penalties for violations of recordkeeping and reporting requirements. Repeals certain existing pesticide recordkeeping requirements. Directs the Secretary to ensure that the goal of: (1) all pest and weed management research and extension activities within the Agricultural Research Service and the Cooperative Extension Service is the development and transfer of technology related to integrated pest management systems that reduce pesticide use; and (2) pest management research by the National Research Initiative in the areas of plant systems and natural resources and environment is development of biological, cultural, and other nonchemical methods of pest control that reduce pesticide use. Requires the Secretary to adopt regulations establishing priorities and resource allocations for competitive grants research in integrated pest management systems. Allocates at least ten percent of Agricultural Conservation Program funding for the integrated crop management program.
Bill· HRH.R. 5269 (103rd)referred
United States · United States Congress · 7 October 1994
Expresses the sense of the Congress that U.S. economic cooperation projects in China or Tibet should adhere to specified principles, including to: (1) suspend the use of merchandise manufactured by convict or forced labor; (2) seek to ensure political and religious freedom without fear of one's employment status; (3) ensure that methods of production do not pose a danger to project employees and the surrounding environment; (4) strive to use business enterprises that are not controlled by China; and (5) promote specified freedoms in China. Requires the Secretary of State to forward a copy of such principles to member nations of the Organization for Economic Cooperation and Development and encourage them to promote such principles. Requires each U.S. parent company conducting an economic cooperation project in China or Tibet to register with the Secretary and indicate whether they agree to implement such principles. Sets forth specified reporting requirements. Authorizes Federal agencies to intercede with a foreign government or national regarding export marketing activity in China or Tibet on behalf of such a parent company only if such company adheres to such principles.
Resolution· HRESH.Res. 583 (103rd)referred
United States · United States Congress · 7 October 1994
Expresses the sense of the House of Representatives that the U.S. Government should immediately: (1) raise in the United Nations (UN) Security Council the issue of Saddam Hussein's campaign of repression against the marsh Arabs of Southern Iraq; (2) insist that UN weapons inspectors be permitted to conduct on site inspections concerning the possible use by Iraqi troops of chemical weapons against such Arabs; (3) seek to provide humanitarian assistance to persons fleeing from the marshes; and (4) study and report to the Congress concerning the establishment for the marsh Arabs of a safe haven zone in the marshes of southern Iraq and the environmental consequences of the destruction of this vast wetlands area.
Bill· HRH.R. 5228 (103rd)referred
United States · United States Congress · 6 October 1994
TABLE OF CONTENTS: Title I: Assuring Availability and Continuity of Health Coverage Subtitle A: Insurance Reforms Subtitle B: Benefits Subtitle C: Employer Responsibilities Subtitle D: Standards and Certification; Enforcement; Preemption Subtitle E: Multiple Employer Health Benefits Protection and Related Provisions Subtitle F: Definitions; General Provisions Title II: Removal of Financial Barriers to Access Subtitle A: Tax Deductibility for Individuals and Self- Employed Subtitle B: Premiums and Cost-Sharing Subsidy Program for Low-Income Individuals Title III: Medicaid Reforms Subtitle A: Treatment of Acute Care Benefits for AFDC and Non-cash Beneficiaries Subtitle B: Flexibility in Expenditures for Supplemental Benefits for AFDC and Non-cash Beneficiaries Subtitle C: Increased State Flexibility in Contracting for Coordinated Care Subtitle D: Additional Medicaid Reforms Title IV: Access Improvements Subtitle A: Expanding Access in Underserved Areas Subtitle B: Improved Access in Rural Areas Subtitle C: Academic Health Centers Subtitle D: United States-Mexico Border Health Commission Title V: Health Care Quality Enhancement Subtitle A: Quality Assurance Subtitle B: Primary Care Provider Education Title VI: Market Incentives to Containing Costs Subtitle A: Facilitating Establishment of Health Plan Purchasing Organization (HPPOs) Subtitle B: Preemption of State Benefit Mandates and Anti-Managed Care Laws Subtitle C: Malpractice Reform Subtitle D: Administrative Simplification Subtitle E: Fair Health Information Practices Subtitle F: Antitrust Subtitle G: Fraud and Abuse Subtitle H: Billing for Laboratory Services Title VII: Medicare Subtitle A: Increased Beneficiary Choice; Improved Program Efficiency Subtitle B: Savings Title VIII: Incentives to Purchase Long-Term Care Insurance Subtitle A: Establishment of Federal Standards for Long-term Care Insurance Subtitle B: Tax Treatment of Long-term Care Insurance Title IX: Department of Veterans Affairs Title X: Miscellaneous Savings Provisions Subtitle A: Automobile Insurance Coordination Subtitle B: Prefunding Government Health Benefits Contributions Bipartisan Health Care Reform Act of 1994 - Title I: Assuring Availability and Continuity of Health Coverage - Subtitle A: Insurance Reform - Part 1: Guaranteed Access to Health Coverage - Requires carriers that offer health insurance coverage in the individual-small group market in a fair rating area to make available qualified standard coverage and high-deductible coverage to qualifying individuals or small employers. (Sec. 1001) Exempts federally qualified health maintenance organizations (HMOs) and HMOs or managed care organizations recognized by State laws from the requirement to provide high-deductible coverage. Prohibits the offer of high-deductible coverage unless the carrier also makes standard coverage available with identical benefits and the individual or employee demonstrates that they have available assets equal to at least the deductible amount under the high-deductible coverage. Requires carriers to provide for coverage of benefits for items and services furnished throughout the fair rating area. Prohibits carriers from limiting coverage to portions of interstate metropolitan statistical areas (MSAs), requiring them to provide coverage throughout the entire MSA. Requires coverage offers to include a family coverage option. Prohibits carriers from requiring employers under group health plans to impose waiting periods for health coverage or require conditions on health coverage based on an individual's: (1) health status; (2) claims experience; (3) receipt of health care; (4) medical history; (5) receipt of public subsidies; or (6) lack of evidence of insurability. (Sec. 1002) Requires carriers to accept every small employer and qualifying individual that applies for enrollment during the required enrollment period. Provides that in the case of coverage offered by carriers or under group health plans that provide benefits through a managed care arrangement, the carriers or plans: (1) need not establish health care facilities throughout the fair rating area if the facilities are located in a manner that does not discriminate on the basis of health status of individuals residing in proximity to such facilities; and (2) may deny coverage under certain conditions. Permits carriers to deny coverage if they do not have the necessary financial reserves. (Sec. 1003) Prohibits carriers from denying, cancelling, or refusing to renew health coverage except on the basis of nonpayment of premiums or fraud or because they are not providing a particular coverage option in the market. Sets limitations on market exit and re-entry by carriers. Establishes similar conditions for cancellation or denial by multiemployer plans and multiple employer health plans. (Sec. 1004) Prohibits carriers or group health plans from excluding coverage with respect to services provided for preexisting conditions, except as provided by this Act. Provides for exclusion periods of up to six months subject to certain conditions. Makes exclusions inapplicable to pregnancy, newborns, adopted children, and certain individuals enrolled or enrolling during an open enrollment period. (Sec. 1005) Sets forth provisions regarding enrollment periods. Part 2: Provision of Benefits - Establishes: (1) standards for managed care arrangements and requirements and utilization review programs; and (2) requirements for arrangements with essential community providers. (Sec. 1014) Provides for the establishment of medical savings accounts. Makes the account beneficiary the owner of the account and includes distributions not used for qualified medical expenses in the beneficiary's gross income. Sets forth uses and limitations for such accounts. Excludes: (1) employer contributions to any medical savings account of an eligible employee from gross income (to the extent such contributions do not exceed the excess of premiums for standard coverage over the premiums for high-deductible coverage); and (2) health benefit payments made by employers from employment taxes. Part 3: Fair Rating Practices - Provides that the premium rate established by carriers for health insurance coverage in the individual-small group market may not vary except by the following: (1) age; (2) geographic area; (3) family class; (4) benefit design of coverage and by type of coverage option; and (5) permitted expense category. (Sec. 1022) Directs carriers and group health plans to accept and apply premium certificates issued under State premium assistance programs under title XXI of the Social Security Act (as established by this Act). (Sec. 1023) Requires the Secretary of Health and Human Services to request the National Association of Insurance Commissioners (NAIC) to develop a model risk adjustment system under which premiums applicable to coverage in the individual-small group market and coverage under small employer pooling arrangements and multiple employer welfare arrangements that are fully insured would be adjusted to take into account factors to predict the future need and efficient use of services by covered individuals in the market. Incorporates such model into a rule that specifies risk adjustment mechanisms. Requires each State to develop systems that conform with the Federal model. Part 4: Consumer Protections - Requires carriers and group health plans to provide information relating to their performance in providing coverage to specified individuals, including prospective enrollees. (Sec. 1032) Prohibits carriers from varying the commission or other remuneration to a person based on the claims experience or health status of individuals enrolled by or through such person. Subtitle B: Benefits - Sets forth provisions regarding standard coverage, preventive benefits to be covered without any deductible or cost-sharing, and high-deductible coverage. (Sec. 1105) Sets forth conditions under which supplemental benefits may be provided. (Sec. 1106) Requires carriers and group health plans to provide for an option under which children under 26 (without regard to whether they are students or disabled) will be treated as family members. Authorizes additional premiums for such option. (Sec. 1107) Includes coverage provided by Christian Science practitioners or in a Christian Science sanitorium within benefits under standard coverage. Subtitle C: Employer Responsibilities - Requires employers to make available to qualifying employees coverage under a group health plan that meets specified requirements, including: (1) an annual offering of coverage; (2) a choice of coverage and family coverage options; (3) an annual enrollment period; and (4) payroll withholding of premiums. (Sec. 1201) Provides that an employer is not required, subject to provisions regarding an equal contribution rule, to make any contribution to the cost of health coverage. Makes requirements regarding choice of coverage inapplicable if a group health plan is in effect as of July 1, 1994, and the employer makes contributions on behalf of employees under a collective bargaining agreement or similar contract. Excludes from this subtitle's requirements certain new and small employers. (Sec. 1202) Imposes an excise tax for failures of employers to comply with this subtitle. Subtitle D: Standards and Certification; Enforcement; Preemption; General Provisions - Directs the Secretary to request the NAIC to develop model regulations that specify standards with respect to this subtitle for carriers and health insurance coverage. (Sec. 1304) Imposes a tax on carriers that fail to comply with Parts 1 through 4 of Subtitle A and Subtitle B of this title unless a State has in effect a regulatory mechanism that provides sanctions. (Sec. 1305) Prohibits a single employer plan from offering health coverage other than through a carrier unless the plan has at least 100 eligible employees. Subtitle E: Multiple Employer Health Benefits Protections and Related Provisions - Part 1: Multiple Employer Health Benefits Protections - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish certification standards under title I (Protection of Employee Benefit Rights) for multiple employer welfare arrangements (MEWAs) providing health benefits. (Sec. 1401) Treats as employee welfare benefits plans, and exempts from certain restrictions on preemption, a MEWA which provides benefits consisting solely of specified medical care, which is not fully insured, and which applies for and receives a specified certification. Requires certain disclosures to participating employers. Requires certified MEWAs which are not fully insured to maintain excess-stop loss coverage and specified types of reserves. Sets forth corrective actions which such MEWAs' operating committees must take: (1) to avoid depletion of reserves; or (2) in connection with termination of the MEWA. Provides for review of actions by the Secretary of Labor with respect to denials of applications for, or suspensions or revocations of, such certifications. Requires, in cases where coverage is provided under a multiple employer health plan and more than ten percent of the participating employers are small employers, that the arrangement is maintained in the form of a small employer pooling arrangement. Sets forth requirements for such arrangements. (Sec. 1402) Revises ERISA with respect to: (1) a specified exemption from preemption; (2) treatment of single employer arrangements; and (3) treatment of certain collectively bargained arrangements. (Sec. 1405) Sets forth ERISA requirements relating to employee leasing health care arrangements (ELHAs). Provides for treatment of ELHAs as MEWAs, with certain exceptions. Sets forth special rules under which an ELHA may receive a MEWA certification. (Sec. 1408) Allows delegation to a State of some or all of the Secretary's enforcement authority with respect to MEWAs with certifications. Directs the Secretary to provide enforcement and technical assistance to the States with respect to MEWAs. Part 2: Simplifying Filing of Reports for Employers Covered under Multiple Employer Welfare Arrangements Providing Fully Insured Coverage Consisting of Medical Care - Directs the Secretary to prescribe an alternative method for the filing of a single annual report for all participating employers under MEWAs under which all coverage consists of medical care and is fully insured. Subtitle F: Definitions; General Provisions - Part 1: Definitions - Sets forth specified definitions. (Sec. 1905) Makes this title effective for plan years beginning on or after 1997 with respect to group health plans and as of January 1, 1997, with respect to carriers (for coverage other than under a group health plan). Part 2: Report and Recommendations on Health Coverage and Access - Provides that it is an objective of this Act to assure by 2002 that: (1) all eligible individuals in the United States have access to health coverage; and (2) at least 95 percent of such individuals have such coverage. (Sec. 1912) Requires the Secretary of Health and Human Services to report to the Congress on the extent to which eligible individuals have, or have access to, health care coverage. Title II: Removal Of Financial Barriers To Access - Subtitle A: Tax Deductibility for Individuals and Self-Employed - Amends the Internal Revenue Code to: (1) increase on a graduated basis the tax deduction for health insurance costs of self-employed individuals; (2) make the deduction permanent; (3) allow a tax deduction, regardless of whether the taxpayer itemizes other deductions, for health insurance costs of non-self-employed individuals not eligible to participate in any subsidized employer health plan; and (4) subject to taxation certain health benefits provided through cafeteria plans and flexible spending arrangements. Subtitle B: Premium and Cost-Sharing Subsidy Program for Low-Income Individuals - States that the amendments made by this subtitle and title III below provide for a transition from the current Medicaid system to a new system of acute care low-income assistance. (Sec. 2101) Amends the Social Security Act (SSA) to add a new title XXI providing for the establishment of new State programs under which, as a requirement for State participation in Medicaid, certain low-income eligible individuals who are not Medicare beneficiaries, SSI recipients, prison inmates, or unlawful aliens will be eligible for premium and cost-sharing assistance for use in obtaining qualifying coverage of the standard and preventive health benefits discussed above under title I of this Act. Sets forth specific requirements for such programs, allowing waivers in the case of any demonstration project which in the judgment of the Secretary of Health and Human Services is likely to assist in promoting the objectives of new SSA title XXI. Creates in the Treasury the Health Care Assurance Trust Fund to contain the savings resulting from this Act and other specified amounts for use in paying States operating subsidy and supplemental acute care benefits programs. Establishes a mechanism for financing such programs that is designed to be deficit neutral. Prohibits the use of funds appropriated to carry out new SSA title XXI to provide premium or cost-sharing assistance or supplemental acute care benefits under part B added below in connection with any abortion, except in cases where an abortion is necessary to save the life of the mother or where the pregnancy results from rape or incest. Title III: Medicaid Reforms - Subtitle A: Treatment of Acute Care Benefits for AFDC and Non-Cash Beneficiaries - Amends SSA title XIX (Medicaid) to: (1) establish Medicaid rules for benefits for acute medical services for AFDC recipients and non-cash Medicaid beneficiaries; (2) provide for the division of acute medical service benefits into core benefits and supplemental acute care benefits; (3) limit the amount of Federal financial participation for benefits for acute medical services for AFDC recipient and non-cash Medicaid beneficiaries; (4) condition Federal financial participation on State maintenance-of-effort; and (5) provide for the continuation of State Medicaid eligibility categories. Subtitle B: Flexibility in Expenditures for Supplemental Benefits for AFDC and Non-Cash Beneficiaries - Amends new SSA title XXI to require each State to establish a State supplemental acute care benefits program. Subtitle C: Increased State Flexibility in Contracting for Coordinated Care - Amends SSA title XIX to modify Federal requirements to allow States more flexibility in contracting for coordinated care services. Subtitle D: Additional Medicaid Reforms - Amends SSA title XIX to make various specified changes providing for: (1) a reduction in the amount of payment adjustments for disproportionate share hospitals; (2) elimination of the medically needy program for individuals not in an institution; and (3) elimination of the Medicaid pediatric immunization program, and establishment of alternative delivery programs. Title IV: Access Improvements - Subtitle A: Expanding Access in Underserved Areas - Amends SSA title XI to provide for community health authorities demonstration projects for providing access to cost-effective preventive and primary care and related services for various areas and populations, including low-income residents of medically underserved areas or for medically underserved populations. Amends the Public Health Service Act to authorize the Secretary to make grants to migrant and community health centers for the development of health service networks for serving high impact areas, medically underserved areas, or medically underserved populations within the area they serve. Subtitle B: Improved Access in Rural Areas - Part 1: Grants to Encourage Community Rural Health Networks - Directs the Secretary of Health and Human Services to make grants to an eligible State for the development of plans to increase access to health care services for residents of areas in the State designated as chronically underserved areas. Provides for technical assistance for entities establishing or enhancing a community rural health network in an underserved rural area. Provides financial assistance to entities to provide for the development and implementation of community rural health networks. Authorizes appropriations. Part 2: Incentives for Health Professionals to Practice in Rural Areas - Subpart A: National Health Service Corps Program - Amends the Internal Revenue Code to exclude National Health Service Corps Loan Repayments from gross income. (Sec. 4113) Increases the authorization of appropriations for the National Health Service Corps Scholarship and Loan Repayment Programs. Subpart B: Incentives Under Other Programs - Amends title XVIII (Medicare) of the Social Security Act to provide incentives under such Act to physicians in former shortage areas. Directs the Secretary to develop and publish a model law for adoption by States to increase the access of individuals residing in underserved rural areas to health care services by expanding the services which non-physician health care professionals may provide in such areas. Part 3: Assistance for Institutional Providers - Subpart A: Community and Migrant Health Centers - Extends and increases the authorizations of appropriations for migrant health centers and community health centers. Subpart B: Emergency Medical Systems - Revises title XII (Trauma Care) of the Public Health Service Act. Renames such title Emergency Medical and Trauma Care Services. Directs the Secretary to establish the Office of Emergency Medical and Trauma Care Services. Requires the Secretary to: (1) conduct and support research and demonstration projects; (2) foster development of appropriate modern systems of services; (3) assist States; and (4) coordinate and sponsor related activities. Requires that activities meet the unique needs of underserved inner-city and rural areas. (Sec. 4141) Authorizes grants to States to improve the availability and quality of emergency medical services through the operation of State offices of emergency medical services. Authorizes appropriations for emergency medical services. (Sec. 4142) Directs 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 for injuries resulting from such emergencies. Authorizes appropriations. Subpart C: Assistance to Rural Providers Under Medicare - Amends title XVIII (Medicare) of the Social Security Act to: (1) increase by two the number of States eligible to participate in the essential access community hospital program; and (2) make other revisions concerning such program, including permitting the participation of hospitals in urban areas and the participation of hospitals in States adjoining participating States. Extends, by three years, the deadline for the development of prospective payment systems for both inpatient and outpatient rural primary care hospital services. (Sec. 4152) Defines a rural emergency access care hospital and rural emergency access care hospital services for purposes of title XVIII. Provides for the coverage of such services under part B (Supplementary Medical Insurance) of title XVIII. Subpart D: Demonstration Projects to Encourage Primary Care and Rural-Based Graduate Medical Education - Directs the Secretary to establish and conduct a demonstration project to increase the number and percentage of medical students entering primary care practice. Authorizes appropriations. Part 4: Hospital Affiliated Primary Care Center - Requires the Secretary to make grants and provide technical assistance to community hospitals for the development and operation of primary care services in medically underserved areas. Provides for a plan to allow primary care centers to retain income earned from operation under certain conditions. Authorizes appropriations. Subtitle C: Academic Health Centers - Directs the Secretary to study and report to the Congress on: (1) the feasibility and desirability of making payments to facilities that are not hospitals for the costs of graduate medical education attributable to residents trained at such facilities; and (2) determining the funding needs of health professions schools. Subtitle D: United States-Mexico Border Health Commission - Authorizes the President to conclude an agreement with Mexico to establish a binational commission to be known as the United States-Mexico Border Health Commission. (Sec. 4302) Declares that it should be the duty of the Commission to: (1) conduct a needs assessment in the U.S.-Mexican border area to identify and resolve health problems that affect the general population of the area; and (2) formulate recommendations for a fair method by which the government of one country could reimburse a public or private entity in the other country for the cost of a health care service furnished to a citizen of the first country who is unable to pay for the service. States that the Commission should establish at least two regional border offices in selected locations. Title V: Health Care Quality Enhancement - Subtitle A: Quality Assurance - Directs the Secretary to establish a Health Quality Advisory Council to develop an initial set of quality measures to be used to assess the quality of carriers, group health plans, and multiple employer welfare arrangements. Provides for auditing of such entities to determine compliance with certain quality measure and reporting requirements. Subtitle B: Primary Care Provider Education - Amends the Public Health Service Act to extend through FY 1999 authorized funding for training for certain health service providers. Title VI: Market Incentives to Containing Costs - Subtitle A: Facilitating Establishment of Health Plan Purchasing Organization (HPPOs) - Part 1: Health Plan Purchasing Organizations - Authorizes the establishment of health plan purchasing organizations (HPPOs) in accordance with this part. (Sec. 6002) Requires HPPOs to enter into agreements with carriers that desire to make health coverage available through HPPOs. (Sec. 6004) Requires HPPOs to offer enrollment for coverage for carriers. Authorizes HPPOs to impose administrative fees for enrollment. (Sec. 6006) Requires States to: (1) review the access of residents who are not employees of large employers or Medicare beneficiaries to obtain standard health insurance coverage through an HPPO; and (2) take actions to ensure that public or private entities provide access to residents who are unable to obtain such coverage. Part 2: Encouragement of Multiple Employer Arrangements Providing Basic Health Benefits - Amends the Internal Revenue Code to eliminate the commonality of interest or geographic location requirement for tax exempt trust status for certified multiple employer health plans, fully-insured multiple employer welfare arrangements, and other specified plans described by ERISA. Part 3: Tax Exemption for High Risk Pools - Provides tax-exempt status to corporations or similar legal entities created by States or political subdivisions to establish risk pools to provide health insurance coverage to persons unable to obtain such insurance because of health conditions. Subtitle B: Preemption of State Benefit Mandates and Anti-Managed Care Laws - Preempts State laws that: (1) mandate health insurance benefits; (2) restrict managed care arrangements and utilization review programs; and (3) prohibit two or more employers from obtaining coverage that is fully-insured under multiple employer health plans. (Sec. 6105) Prohibits States from enforcing standards for health insurance coverage that differ from those established under title I of this Act. (Sec. 6106) Directs the Comptroller General to study and report to the Congress on the benefits and cost effectiveness of the use of managed care in the delivery of health care services. Subtitle C: Malpractice Reform - Part 1: Uniform Standards for Malpractice Claims - Makes this part applicable to any medical malpractice liability action brought in a Federal or State court and to any medical malpractice claim subject to an alternative dispute resolution (ADR) system that is initiated on or after January 1, 1996. (Sec. 6202) Prohibits a medical malpractice liability action from being brought in any State court during a calendar year unless the relevant claim has been initially resolved (i.e., a decision has been reached on whether the defendant is liable to the plaintiff for damages and on the amount of damages) under a certified ADR system or an alternative Federal system. Prohibits a medical malpractice liability action from being brought in Federal court based on diversity of citizenship during a calendar year unless the relevant claim has been initially resolved under such a system in the State whose law applies. Directs the Attorney General to establish an ADR process for tort claims consisting of medical malpractice liability claims brought against the United States. 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 such process. Sets forth procedures for filing actions. (Sec. 6203) Authorizes States to develop specialty clinical practice guidelines to be certified by the Secretary. (Sec. 6204) Limits to $250,000 the amount of noneconomic damages that may be awarded to a claimant and family members in a medical malpractice liability action. (Sec. 6206) Sets forth provisions regarding: (1) limits on attorney fees and other costs; and (2) statutes of limitations. (Sec. 6208) Specifies that in the case of a medical malpractice claim relating to services provided during labor or the delivery of a baby, if the health care professional or provider did not previously treat the claimant for the pregnancy, the trier of fact may not find that the defendant committed malpractice nor assess damages unless the malpractice is proven by clear and convincing evidence. (Sec. 6210) Provides that this part preempts State law, except for State law that imposes greater restrictions than those provided in this part. Part 2: Requirements for State Alternative Dispute Resolution Systems (ADR) - Lists requirements for State ADR systems, including that such a system: (1) applies to all medical malpractice liability claims under the jurisdiction of the courts of that State; (2) requires that a written opinion resolving the dispute be issued within six months after each party against whom the claim is filed has received notice of the claim; (3) is approved by the State or local governments; (4) provides for the transmittal to the State agency responsible for monitoring or disciplining health care professionals and providers of any findings of malpractice; and (5) provides for the regular transmittal of information on disputes resolved under the system to the Administrator for Health Care Policy and Research in a manner that protects the identity of the parties involved. (Sec. 6222) Directs the Secretary to certify State ADR systems that meet such requirements on an annual basis. Requires the Secretary to establish an alternative Federal ADR system for the resolution of medical malpractice liability claims in States that do not have in effect a certified ADR system. (Sec. 6223) Directs the Secretary to submit to the Congress a report describing and evaluating State ADR systems and the alternative Federal system. Part 3: Definitions - Sets forth definitions for this subtitle. Subtitle D: Administrative Simplification - Part 1: Standards for Data Elements and Transactions - Directs the Secretary to adopt standards for: (1) the electronic transmission of health information data; and (2) information transactions. Part 2: Requirements with Respect to Certain Transactions and Information - Lists transactions to be considered as standard transactions with respect to plan sponsors and HPPOs. (Sec. 6322) Requires certified health information security organizations to make available to Federal or State agencies, pursuant to a cost-type contract, any non-identifiable health information that is held by the service, consists of data elements that are subject to a standard under part 1, and is requested by such an agency to fulfill a requirement under this Act. (Sec. 6323) Directs the Secretary to establish a procedure under which a plan sponsor or health provider that does not have the ability to transmit standard data elements and does not have access to a certified health information network may comply with this part. Part 3: Miscellaneous Provisions - Requires the Secretary to establish standards and a certification procedure for health information network services. (Sec. 6333) Provides that this subtitle supersedes State law. Prohibits the enforcement of any State law that requires medical or health plan records to be maintained or transmitted in written rather than electronic form, except as provided by the Secretary. (Sec. 6334) Authorizes the Secretary to make grants for demonstration projects to promote the development and use of electronically integrated community-based clinical information systems and computerized patient medical records. Part 4: Assistance to the Secretary - Establishes the Health Care Information Advisory Committee to: (1) provide assistance to the Secretary in complying with the requirements imposed on the Secretary under this subtitle and subtitle E; (2) be responsible for advising the Secretary and the Congress on the status of the health information network; and (3) make recommendations to correct any problems that may occur in the network's implementation and operations and to refine and improve the network. Subtitle E: Fair Health Information Practices - Part 1: Duties of Health Information Trustees - Sets forth rights of individuals with respect to inspection of protected health information maintained by a health information trustee (specified entities, including health care providers, health benefit plan sponsors, and public health authorities). Makes exceptions to inspection rights if: (1) the information relates to mental health treatment notes or persons other than the protected individual; (2) the inspection could be expected to threaten an individual's life or personal safety; (3) the information could lead to the identification of a confidential source; (4) the information is used solely for administrative purposes or is duplicative; or (5) the information is compiled principally in anticipation of a legal proceeding. (Sec. 6402) Sets forth conditions under which a trustee must correct or amend information at the request of a protected individual. (Sec. 6404) Provides for: (1) recordkeeping with respect to health information disclosures; and (2) safeguards to ensure confidentiality and protection of information. Part 2: Use and Disclosure of Protected Health Information - Permits a health information trustee to use protected health information only for a purpose that is compatible with and related to the purpose for which the information was collected or received or for which the trustee is authorized to disclose under this subtitle. (Sec. 6411) Limits the use or disclosure of protected health information by a health information trustee to the minimum amount of information necessary. (Sec. 6412) Authorizes a health information trustee to disclose protected health information pursuant to an authorization executed by the individual who is the subject of the information if specified requirements are met. (Sec. 6413) Authorizes the disclosure of protected health information, subject to specified restrictions: (1) in connection with treatment and payment; or (2) for use in an action against or investigation of an individual relating to receipt of or payment for health care. (Sec. 6414) Sets forth provisions regarding the disclosure of protected health information to next of kin and others. (Sec. 6415) Establishes requirements with respect to the reporting of protected health information: (1) to a public health authority; (2) for a health research project; (3) in emergency circumstances; (4) for judicial and administrative purposes; (5) to a law enforcement agency; (6) pursuant to subpoena or warrant; and (7) to a health information service organization. Part 3: Access Procedures and Challenge Rights - Sets forth access procedures and challenge rights with respect to attempts to obtain protected health information. Part 4: Miscellaneous Provisions - Provides that if a protected individual pays a health information trustee for health care by presenting a debit, credit, or other payment card or by other electronic means, the trustee may only disclose protected health information as is necessary for the processing of the payment transaction. (Sec. 6442) Sets forth conditions under which protected health information may be released to persons outside the United States. (Sec. 6443) Directs the Secretary to establish standards with respect to the creation, transmission, receipt, and maintenance, in electronic and magnetic form, of documents required or authorized under this subtitle. (Sec. 6444) Sets forth duties of affiliated persons to whom health information trustees are authorized to provide protected health information. (Sec. 6445) Sets forth the rights of persons acting as agents or attorneys of protected individuals or on behalf of minors. Part 5: Enforcement - Authorizes persons whose rights under this subtitle have been knowingly or negligently violated to maintain civil actions. Sets forth penalty provisions. (Sec. 6453) Directs the Secretary to develop alternative dispute resolution methods for use by individuals, health information trustees, and others in resolving claims made in civil actions. (Sec. 6454) Amends the Federal criminal code to provide penalties for offenses related to protected health information. Part 6: Amendments to Title 5, United States Code - Requires Federal agencies that are health information trustees to promulgate rules to exempt systems of records within such agencies, to the extent that such systems contain protected health information, from certain provisions regarding access and other requirements with respect to an individual's records. Part 7: Regulations, Research, and Education; Effective Dates; Applicability; and Relationship to Other Laws - Directs the Secretary to prescribe regulations to carry out this subtitle. (Sec. 6471) Authorizes the Secretary to sponsor: (1) research relating to the privacy and security of protected health information; (2) the development of consent forms governing the disclosure of such information; and (3) the development of technology to implement standards regarding such information. Directs the Secretary to establish education and awareness programs to: (1) foster security practices by health information trustees; (2) train personnel of health information trustees respecting their duties with respect to such information; and (3) inform individuals and employers who purchase health care respecting their rights with respect to such information. (Sec. 6474) Prohibits States from enforcing any law that is inconsistent with certain requirements of this subtitle or imposes additional requirements with respect to health information trustees. Subtitle F: Antitrust - Directs the Attorney General to: (1) provide for the development of guidelines on the application of antitrust laws to the activities of health plans; and (2) establish a review process under which a health plan may request the Department of Justice's opinion on the plan's conformity with the Federal antitrust laws. (Sec. 6502) Requires the Attorney General to issue a certificate of public advantage to each eligible health care collaborative activity that complies with this section's requirements. Provides that such activity shall not be liable under the antitrust laws for conduct described in the certificate if such conduct occurs while the certificate is in effect. Directs the Attorney General to issue such a certificate if: (1) the benefits that are likely to result from the activity outweigh the reduction in competition that is likely to result; and (2) such reduction is necessary to obtain such benefits. Sets forth activity eligibility requirements. (Sec. 6503) Directs the Attorney General to report annually to the Congress as part of the annual budget oversight proceedings concerning the Antitrust Division of the Department of Justice. Requires the report to enable the Congress to determine how enforcement of antitrust laws is affecting the formation of efficient, cost-saving joint ventures and if the certificate of public advantage procedure has resulted in undesirable reduction in competition in the health care marketplace. Subtitle G: Fraud and Abuse - Directs the Attorney General to establish a program to: (1) coordinate Federal, State, and local law enforcement programs to control fraud and abuse with respect to the delivery of and payment for health care in the United States; (2) conduct investigations, audits, evaluations, and inspections relating to the delivery of and payment for health care in the United States; and (3) facilitate the enforcement of certain SSA title XI mandatory exclusion and other provisions applicable to health care fraud and abuse. Requires the Attorney General in carrying out such program to provide for coordination with law enforcement agencies, State Medicaid Fraud Control Units, State licensing agencies, as well as with third party insurers. (Sec. 6602) Authorizes additional appropriations for the Attorney General to investigate allegations of health care fraud and otherwise carry out the program established above. (Sec. 6603) Creates in the Treasury the Anti-Fraud and Abuse Trust Fund consisting of Federal health anti-fraud and abuse penalties for use in: (1) carrying out the program above; (2) supporting educational activities to prevent the occurrence of violations of anti-fraud and abuse laws; and (3) repaying beneficiaries for cost- sharing. (Sec. 6611) Amends SSA title XI to revise current sanctions for health care fraud and abuse, among other changes, providing for: (1) mandatory exclusion from participation in Medicare and State health care programs of any individuals convicted of a felony relating to fraud or the unlawful manufacture, distribution, prescription, or dispensing of a controlled substance; and (2) establishment of a minimum period of exclusion for certain individuals and entities subject to permissive exclusion from Medicare and State health care programs. (Sec. 6615) Amends SSA title XVIII to modify the limitations on physician self-referral. (Sec. 6616) Directs the Comptroller General to study and report to the Congress on the costs incurred by eligible organizations with risk-sharing contracts of complying with the requirement of entering into a written agreement with an entity providing peer review services with respect to services provided by the organization. (Sec. 6621) Amends the Federal criminal code to provide for: (1) penalties for health care fraud, including making it a felony; (2) rewards for information leading to prosecution relating to health care fraud; and (3) broadened application of mail fraud statute provisions. (Sec. 6631) Amends SSA titles XI and XVIII to authorize the issuance of advisory opinions by the Secretary according to specified guidelines. (Sec. 6641) Requires each State to establish and maintain a State agency to act as a Health Care Fraud and Abuse Control Unit for: (1) investigating and prosecuting violations under any Federally-funded or mandated health care program relating to fraud under State laws; (2) reviewing complaints of abuse or neglect involving patients of facilities receiving Federal payments and, where appropriate, investigate and prosecute such complaints; and (3) providing for the collection, or referral for collection, of overpayments made under any such program and found by the Unit. Subtitle H: Billing for Laboratory Services - Amends the Public Health Service Act to make it unlawful for any person who furnishes ancillary health services to present a bill or demand for payment to any person other than the patient receiving such services, with specified exceptions. Exempts ancillary health services for which payment may be made under Medicare. (Sec. 6701) Defines "ancillary health services" as clinical laboratory services, diagnostic x-rays and other diagnostic tests, durable medical equipment, and physical therapy services. Sets forth conditions under which a person who furnishes ancillary health services may present a bill or demand for payment to specified entities other than the patient. Imposes civil penalties for repeated and knowing demands for payment in violation of this subtitle. Provides for other sanctions for such violations, including the suspension of laboratory certifications and exclusion from participation in Medicare programs. Title VII: Medicare - Subtitle A: Increased Beneficiary Choice; Improved Program Efficiency - Amends SSA title XVIII to revise provisions for payments to health maintenance organizations (HMOs) to: (1) provide for the use of metropolitan statistical areas to determine adjusted average per capita cost; (2) require the Secretary to develop additional specified model packages of health benefits providing coverage for catastrophic illness, prescription drugs, and preventive services which an HMO may provide at its option; and (3) make various specified changes in HMO membership requirements, including changes in associated waiver provisions, and enrollment periods. (Sec. 7002) Amends the Omnibus Budget Reconciliation Act of 1990 to permit Medicare supplemental policies in all States. Modifies Medicare supplemental policy provisions. (Sec. 7003) Includes notice of available HMOs and carriers offering Medicare supplemental policies in the annual notice of Medicare benefits mailed to Medicare beneficiaries. (Sec. 7004) Directs the Secretary to: (1) develop and submit to the Congress a proposal for legislation which provides for the voluntary enrollment of Medicare beneficiaries in private health insurance plans; (2) provide for a monthly payment to a qualified private health insurance plan on behalf of enrolled Medicare beneficiaries who choose to enroll in such a plan (with the enrollee paying any difference between the monthly premium charged under the plan and the amount paid for under Medicare for the enrollee's class, while maintaining budget-neutrality); and (3) take such steps as may be necessary to consolidate the administration of Medicare parts A (Hospital Insurance) and B (Supplementary Medical Insurance). (Sec. 7003) Includes notice of an individual's rights under State law with regard to the formulation of advance directives in the annual notice of Medicare benefits mailed to Medicare beneficiaries. Subtitle B: Savings - Amends Medicare provisions relating to Medicare part A to provide for reductions in: (1) the update for payments for inpatient hospital services; and (2) payments for capital-related costs for inpatient hospital services. (Sec. 7111) Amends Medicare part B provisions on payment for physicians' services to provide for: (1) use of cumulative performance standards; (2) treatment of default update; (3) use of real GDP to adjust for volume and intensity; (4) repeal of restriction on maximum reduction under conversion factor update adjustment provisions; and (5) reduction in the conversion factor for the physician fee schedule for 1995. (Sec. 7112) Provides for the imposition of coinsurance on laboratory services. (Sec. 7113) Amends the Internal Revenue Code to provide for an increase in the Medicare part B premiums for high-income individuals. (Sec. 7114) Amends Medicare to provide for: (1) the extension of the 25 percent part B premium; (2) a reduction in hospital outpatient services and home health services through the establishment of a prospective payment system; and (3) various specified changes with regard to Medicare as secondary payer. Title VIII: Incentives to Purchase Long-Term Care Insurance - Subtitle A: Establishment of Federal Standards for Long-Term Care Insurance - Amends SSA to provide for model standards incorporating specified requirements for sales practices, benefits, and other matters that long-term care insurance policies must meet. Establishes civil monetary penalties for violations. Requires the National Association of Insurance Commissioners to issue guidelines for endorsements of long-term care insurance policies, or that permit such policies to be offered for sale through the organization or association. Subtitle B: Tax Treatment of Long-Term Care Insurance - Amends the Internal Revenue Code to provide for the treatment of long-term care insurance contracts as accident or health insurance contracts generally, with qualified long-term services treated as medical care, among other changes with regard to long-term care insurance. Subtitle C: Studies - Requires the Comptroller General to conduct a study on the feasibility of: (1) encouraging health care providers to donate their services to homebound patients; and (2) providing heads of households who care for elderly family members in their homes with a tax credit. (Sec. 8203) Directs the Secretary to conduct a study and report to the Congress on: (1) case management of current long-term care benefits; and (2) subacute care. Title IX: Department of Veterans Affairs - Authorizes each veteran residing in the United States, certain surviving spouses and children of such veterans (also living in the United States) who are not otherwise eligible for medical care under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS), and family members thereof to be enrolled with a Department of Veterans Affairs (VA) health care plan. Requires the payment of appropriate premiums, deductibles, copayments, or coinsurance with respect to such family members. Continues the eligibility of family members after the death of the veteran originally enrolled. Directs the Secretary of Veterans Affairs (Secretary, for purposes of this title) to establish enrollment ceilings to limit the number of eligible individuals enrolling for such coverage. Requires conformity of such plans with health plan requirements set forth in this Act and inclusion of all the items and services in the standard coverage under this Act. Directs the Secretary to continue to provide to veterans authorized VA care and services which are not included in the standard coverage provided under this Act. Provides for the continuation in the VA of specialized disabled veteran treatment and rehabilitative needs and facilities and requires a report on such continuation from the Secretary to specified congressional committees. Allows such plans to offer supplemental health benefits and cost-sharing policies consistent with this Act. Provides a limitation with regard to veterans who elect not to enroll to obtain such coverage. Prohibits the imposition of a cost-share charge of any kind upon a veteran for the treatment of a service-connected disability that requires specialized treatment by the VA. Prohibits funds appropriated to carry out this title from being used to provide abortions except when necessary to save the life of the mother or when the pregnancy is the result of rape or incest. Prohibits the imposition of cost-sharing charges of any kind upon veterans who are disabled to a degree of ten percent or more, veterans released from service due to a service-connected disability, veterans receiving disability compensation from the VA, former prisoners of war, veterans of the Mexican border period or World War I, and veterans unable to defray the costs of such care. Directs the Secretary to establish rates for premiums and other applicable charges with respect to all other enrollees. Empowers the Secretary to recover from third parties the cost of providing such care and services if such care and services would have been required to be provided by such third party. Establishes in the Treasury the Department of Veterans Affairs Health Coverage Fund to be used for VA health plan payments and services. Preserves existing health care benefits for facilities not offering qualified health coverage under this Act. Authorizes the Secretary to organize VA health plans and facilities as plans and facilities offering qualified health coverage under this Act. Requires any health insurance program provided for Federal employees to include as an option enrollment to obtain VA coverage. Requires the Secretary to take appropriate steps to ensure the financial solvency and stability of the VA coverage and of the contractors and subcontractors providing services as part of such coverage. Preempts certain State action with respect to standards and requirements of such coverage. Requires VA health care facilities to serve as providers to individuals residing in a State that operates as a single payer system, with appropriate reimbursement. Authorizes the head official offering VA health coverage or the director of a VA health care facility to enter into agreements with health care plans, insurers, health care providers, and other entities to furnish or obtain any health-care resource. Provides certain other administrative and personnel flexibility to the Secretary in providing or obtaining such services. Directs the Secretary of the Treasury to: (1) credit to a special fund specified amounts for FY 1995 and 1996 to be used for providing VA health coverage under this Act; and (2) report to the Congress on the operation of the VA health care system with respect to national health care reform as set forth under this Act. Authorizes the Secretary to apply for and accept grants and other forms of assistance to meet the needs of special populations. (Sec. 9003) Makes veterans enrolled with a VA plan under this title eligible for nursing home care, outpatient care, and care provided to obviate the need for hospital admission. (Sec. 9004) Makes any herbicide-exposed veteran eligible for hospital and nursing home care for any disease for which the National Academy of Sciences has determined: (1) that there is a positive association between disease occurrence and herbicide exposure; (2) that there is evidence suggesting such an association, though the evidence is limited; or (3) that available studies are insufficient to permit a conclusion about the presence or absence of such an association. Limits the authorized length of such care for eligible veterans. (Sec. 9005) Extends the authority to provide priority outpatient health care to veterans for exposure to environmental hazards until October 1, 1998, for any disability which becomes manifest before October 1, 1996. (Sec. 9006) Directs the Secretary to report to the Congress on the desirability and feasibility of waiving any requirement for cost-sharing under a VA health plan in the case of medical care provided to a family member of a Persian Gulf War veteran for any disease or disability which may be related to such service. (Sec. 9007) Directs the Secretary, during FY 1995 through 1997, to carry out and report to specified congressional committees on a study of the effect of telemedicine on the delivery of VA health care services. (Sec. 9008) Directs the Secretary of Health and Human Services to develop and submit to the Congress a proposal for legislation which provides for obtaining VA health coverage for Medicare beneficiaries who are veterans. (Sec. 9009) Directs the Secretary to carry out a pilot program to reduce waiting times for patients seeking health-care services in VA outpatient clinics and the traveling distance to such clinics by providing for operation of approximately 20 new outpatient clinics around two VA medical centers. Authorizes appropriations for FY 1998 through 2004. Title X: Miscellaneous Savings Provisions - Subtitle A: Automobile Insurance Coordination - Requires individuals enrolled in a health plan to receive automobile insurance medical services exclusively through the health plan. Makes such services subject to all quality, cost containment, and anti-fraud and abuse provisions that apply generally to medical services provided by or through health plans. (Sec. 10002) Permits an individual and an automobile insurance carrier to agree that treatment for bodily injury sustained in an automobile accident shall be provided by other than the health plan through which such individual is enrolled. Authorizes States to require such carriers to make direct payment to health care providers for automobile insurance medical services that are covered by Medicare or Medicaid and an automobile insurance contract that provides for direct payment of medical services regardless of fault. (Sec. 10003) Requires carriers liable for payment for automobile insurance medical services to make payment to health plans to the extent of obligations under the contract. Grants federally funded health care plans first priority to receive payment pursuant to any obligation under an automobile insurance policy covering such medical services. (Sec. 10004) Directs States to establish systems for prompt payment for automobile insurance medical services by such carriers to health plans, including mechanisms for resolution of disputes. Requires sanctions to be prescribed for failures to comply with this subtitle's requirements. (Sec. 10005) Requires the Secretary of Health and Human Services to provide for allotments to States for administrative expenses in carrying out this subtitle. Subtitle B: Prefunding Government Health Benefits Contributions - Directs each Federal agency within the executive branch whose receipts and disbursements are not generally included in the totals of the Government budget submitted by the President, effective FY 1994 (or February 1, 1995, in the case of the agency with the greatest number of employees), to prepay the Government contributions which will be required in connection with providing health-benefits coverage for annuitants of such agency.
Bill· HRH.R. 5231 (103rd)referred
United States · United States Congress · 6 October 1994
Authorizes the Secretary of the Interior to utilize the resources of the Presidio in California to provide for and support programs and activities that foster research, education, or demonstration projects and that relate to the environment, energy, transportation, international affairs, arts and cultural understanding, health, and science. Grants the Secretary authority to: (1) negotiate and enter into specified interagency agreements and leases for the use of property within the Presidio; and (2) retain the proceeds from leases under this Act and from concession and other use authorizations and services provided by the Golden Gate National Recreation Area for five years or until the leased property is transferred to the Presidio Trust (established by this Act). Establishes within the Department of the Interior the Presidio Trust to manage the leasing, maintenance, rehabilitation, repair, and improvement of property within the Presidio which is transferred to the Trust by the Secretary. Directs the Secretary to transfer to the Trust, subject to specified requirements, a leasehold in the Letterman-LAIR complex, Fort Scott, Main Post, Cavalry Stables, Presidio Hill, Wherry Housing, East Housing, the structures at Crissy Field, and such other properties within the Presidio as the Secretary and the Trust deem appropriate. Requires the Trust to obtain such competition as is practicable in the circumstances, maintain liaison with the Golden Gate National Recreation Area Advisory Commission, and meet with the Commission at least annually. Authorizes appropriations. Prohibits an entity from expending funds appropriated pursuant to this Act unless it complies with the Buy American Act. Expresses the sense of the Congress that only American-made equipment and products should be purchased by entities receiving financial assistance under this Act. Requires the head of each Federal agency to notify each such recipient of this congressional statement. Provides that if a court or Federal agency determines that any person intentionally affixed a "Made in America" label to any product sold or shipped to the United States that is not made in the United States, such person shall be ineligible to receive any contract or subcontract made with funds provided under this Act.
Bill· HRH.R. 5214 (103rd)referred
United States · United States Congress · 6 October 1994
Amends the Clean Air Act to repeal provisions relating to the listing of, and emission standards for, hazardous air pollutants.
Bill· HRH.R. 5216 (103rd)referred
United States · United States Congress · 6 October 1994
Amends the Clean Air Act to repeal provisions relating to stratospheric ozone protection.
Bill· HRH.R. 5212 (103rd)referred
United States · United States Congress · 6 October 1994
Amends the Clean Air Act to allow emission reductions attributable to fleet turnover to be creditable against required reductions in Moderate ozone nonattainment areas.
Bill· HRH.R. 5215 (103rd)referred
United States · United States Congress · 6 October 1994
Amends the Clean Air Act to repeal provisions relating to acid deposition control.
Bill· HRH.R. 5211 (103rd)referred
United States · United States Congress · 6 October 1994
Amends the Clean Air Act to make the emissions standards for model year 1995 motor vehicles applicable to all motor vehicles, in any class or category, manufactured after such model year. Repeals: (1) emissions standards for nitrogen oxides from heavy duty trucks for model years after 1997; (2) specified emissions standards for light-duty trucks for model years after 1995; and (3) requirements for a study on whether further reductions in emissions from light-duty vehicles are necessary.
Bill· HRH.R. 5217 (103rd)referred
United States · United States Congress · 6 October 1994
Repeals the Clean Air Act Amendments of 1990.
Bill· HRH.R. 5213 (103rd)referred
United States · United States Congress · 6 October 1994
Amends the Clean Air Act to provide that revisions of State implementation plans that provide for transportation control measures for Serious ozone nonattainment areas shall not be required to include trip reduction ordinances.
Bill· HRH.R. 5205 (103rd)referred
United States · United States Congress · 6 October 1994
Authorizes the Administrator of the Environmental Protection Agency to provide grants to each State carrying out a vehicle inspection and maintenance program under the Clean Air Act. Requires grants to be used to provide assistance to enable vehicle owners to perform repair and maintenance as is necessary for such vehicles to comply with program requirements. Directs States to use grants to make payments for qualified repair and maintenance costs incurred by owners. Establishes a payment schedule that provides for covering: (1) up to 60 percent of qualified repair and maintenance costs that do not exceed $200; and (2) up to 80 percent of such costs between $200 and $400. Authorizes the Administrator to provide grants to each State carrying out employee trip reduction requirements for nonattainment areas under title I of the Clean Air Act. Requires grants to be used by States to provide assistance to enable employers to comply with such requirements.
Resolution· HCONRESH.Con.Res. 309 (103rd)referred
United States · United States Congress · 6 October 1994
Declares that: (1) the Environmental Protection Agency (EPA) should modify regulations that implement the Clean Air Act to permit any State in nonattainment to adopt a State Implementation Plan that relies on a selective inspection and maintenance program; (2) such program should focus on how best to locate and repair that proportion of the fleet that causes the majority of pollution; and (3) States should adopt the most cost-effective method of locating and fixing gross polluters. States that EPA regulations under such Act should: (1) provide that States that opt for a selective program will receive credits that are no less than the actual pollution reduction achieved by such a program and that they may rely on actual data accumulated during the program in determining the reduction achieved; and (2) require States to compile information gained through methods of on-road testing. States that an individual panel of experts should evaluate such information to report on emission status and trends and the effectiveness of vehicle emission control activities and make recommendations to correct deficiencies and enhance capabilities of EPA's mobile source emission models.
Bill· SS. 2506 (103rd)referred
United States · United States Congress · 5 October 1994
Wetlands Regulatory Reform Act of 1995 - Amends the Federal Water Pollution Control Act to prohibit the issuance of revisions to or clarifications of the guidelines for identifying and delineating wetlands until the National Academy of Sciences has completed a specified wetlands study. (Sec. 4) Provides that clear evidence of wetlands hydrology, hydrophytic vegetation, and hydric soil must be present in order to make a positive wetland delineation determination. Requires wetlands located on agricultural lands and associated non-agricultural lands to be delineated by the Secretary of Agriculture in accordance with the Food Security Act of 1985. Exempts from the requirements of this Act agricultural lands that are exempt from the requirements of the Food Security Act of 1985. (Sec. 5) Directs the Administrator of the Environmental Protection Agency (EPA) to undertake a project to classify U.S. wetlands, to be completed within ten years of this Act's enactment date. Requires wetlands to be classified as Class A, B, or C depending on their relative ecological significance, taking into account regional variations in hydrology, soils, and vegetation, with Class A wetlands being those that serve critical wetlands functions. Authorizes any person to request the Secretary of the Army, acting through the Chief of the Army Corps of Engineers, to determine the classification of wetlands. (Sec. 6) Considers draining, channelization, and excavation of wetlands to be discharging of dredged or fill material into U.S. waters for purposes of permit provisions. (Sec. 7) Requires the Secretary to determine whether to issue a permit for the discharge of dredged or fill material into Class A wetlands based on a sequential analysis that seeks to avoid adverse effects on wetlands, minimize adverse effects that cannot be avoided, and mitigate adverse effects that cannot be avoided and that remain. Directs the Secretary to make such determination with respect to Class B wetlands pursuant to a public interest review. Provides that no permit for such activities shall be required with respect to Class C wetlands. (Sec. 8) Removes EPA authority to deny the use of areas as disposal sites for dredged or fill material. Directs the Secretary to consult with the Administrator regarding whether the discharge of such materials whould have an adverse effect on municipal water supplies, shellfish beds and fishery areas, wildlife, or recreational areas. (Sec. 9) Sets forth conditions under which extensions of time are available for the Secretary's decision on a permit. (Sec. 10) Directs the Secretary, upon the request of a State, regional, local, or tribal governmental body with an existing wetlands regulatory program, to issue a general permit for the program subject to specified conditions. Requires linear utility facilities to continue to be regulated by the Secretary. Authorizes general permits to be issued for discharges of dredged or fill material associated with activities (including the production of agricultural commodities on converted wetlands) found by the Secretary of Agriculture to be exempt from ineligibility provisions of the Food Security Act of 1985 if a general permit: (1) provides adequate safeguards to ensure that the activities exempted will have no more than minimal individual and cumulative environmental impacts; and (2) includes provisions to provide for periodic reviews to ensure that permit conditions are met. Authorizes grants for State, regional, local, and tribal permit programs. (Sec. 11) Expands the list of discharge activities that are exempt from regulation as well as the list of areas tht shall not be considered as navigable waters for purposes of regulation. (Sec. 12) Removes EPA's authority to restrict the issuance of permits under a State permit program for the discharge of dredged or fill material. (Sec. 13) Directs the Secretary to issue regulations for the establishment, use, maintenance, and oversight of mitigation banks. Defines a "mitigation bank" as a wetlands restoration, creation, enhancement, or preservation project undertaken for the purpose of providing mitigation compensation credits to offset wetlands losses authorized by the terms of permits allowing discharges of dredged or fill material into navigable waters. (Sec. 14) Establishes an administrative appeals process under which landowners or other persons may appeal regulatory jurisdiction over lands and other specified determinations regarding permits for the discharge of dredged or fill material. (Sec. 15) Sets forth requirements for mapping and public notice for areas where Federal wetlands may be located. (Sec. 16) Provides that for permits for the discharge of dredged or fill material within the State of Alaska, the guidelines issued: (1) shall not include standards for compensatory mitigation of adverse impacts; (2) shall include standards for minimization of impacts; and (3) may include standards for avoidance of impacts. Requires the Secretary to issue a general permit for such discharges in Alaska. Requires lands conveyed to, selected by, or owned by Alaska native corporations to be economic base lands. Directs the Secretary, regarding permit decisions for such lands, to: (1) balance the standards and policies of this Act against the obligations of the United States to allow such lands to be used beneficially to create and sustain economic activity; (2) give substantial weight to the social and economic needs of Alaska natives; and (3) account for regional differences, abundance, and functions of wetlands. Requires the Secretary, regarding rural Alaska Native villages, to issue general permits for disposition of dredge and fill material for critical infrastructure in rural villages without a determination that activities authorized by such a permit cause only minimal adverse environmental effects.
Bill· SS. 2507 (103rd)referred
United States · United States Congress · 5 October 1994
Stormwater Control Reform Act of 1994 - Amends the Federal Water Pollution Control Act to apply permit requirements to stormwater discharges associated with commercial activity. Exempts, with exceptions, a discharge composed entirely of stormwater from a municipal storm sewer system serving a population of fewer than 100,000 individuals that is located in an urbanized area from permit requirements prior to October 1, 2001. Exempts sources of discharges composed entirely of stormwater from such sewer systems from permit requirements (currently, such exemption is only available prior to October 1, 1994). Provides that permits issued for discharges from municipal storm sewers composed entirely of stormwater shall not require compliance with numeric effluent limitations and water quality standards shall not be applied or enforced as effluent limitations. Authorizes the Administrator to issue a consolidated permit for discharges from a storm sewer system owned by a municipality and the stormwater discharges from industrial or commercial sources owned by the same municipality. Requires the Administrator to establish permit requirements for stormwater discharges from commercial and light industrial sources. Authorizes the Administrator to exempt certain commercial and light industrial stormwater discharges from permit requirements. Directs the Administrator to establish an initiative to fund State and local demonstration programs and research to test innovative approaches to address the impacts of hydrologic and hydraulic changes, source controls, and water quality management practices and controls for runoff from municipal storm sewers. Authorizes appropriations. Makes municipalities subject to stormwater discharge permit requirements eligible for grants to train citizens in watershed monitoring activities to support municipal stormwater management programs.
Law· HRH.R. 5176 (103rd)enacted
United States · United States Congress · 5 October 1994
Ocean Pollution Reduction Act - Amends the Federal Water Pollution Control Act to authorize the city of San Diego, California, to apply for a modification of secondary treatment requirements with respect to biological oxygen demand and total suspended solids in the effluent discharged into marine waters. Includes within such application a commitment by the applicant to implement a waste water reclamation program meeting specified minimum requirements. Prohibits the Administrator of the Environmental Protection Agency from granting a modification unless such modification will result in removal of at least 58 percent of the biological oxygen demand (on an annual average) and at least 80 percent of total suspended solids (on a monthly average) in the discharge to which the application applies.
Bill· HRH.R. 5165 (103rd)referred
United States · United States Congress · 4 October 1994
Amends the Export-Import Bank Act of 1945 to allow, provided certain congressional reporting and funding conditions are met, the Export-Import Bank to finance export sales of nonlethal defense articles or services whose primary end use will be for civilian purposes. Requires the Bank to encourage the use of its programs to support the export of products and services used: (1) to aid in the monitoring, control, or prevention of air, water, and ground contaminants or pollution, or which provide protection in the handling of toxic substances; and (2) for foreign environmental projects dedicated to the prevention, control, or cleanup of air, water, or ground pollution, including facilities to provide for control or cleanup, and used in retrofitting of facility equipment for the sole purpose of mitigating, controlling, or preventing adverse environmental effects. Authorizes appropriations.
Report· Bericht, Gutachten, Programm12/8556open
Germany · German Bundestag · 4 October 1994
(Bericht gem. Art. 12 Klimarahmenkonvention an die Vertragsstaatenkonferenz) Anthropogene Emissionen, insbesondere Treibhausgase wie Kohlendioxid, Methan, Lachgas und Stickoxide, Abnahme der Emissionen, Auswirkungen von Klimaänderungen und Gegenmaßnahmen, Emissionsszenarien, Forschung, Öffentlichkeitsarbeit, internationale Zusammenarbeit im technischen und finanziellen Bereich
Bill· SS. 2490 (103rd)referred
United States · United States Congress · 30 September 1994
Comprehensive Wetlands Conservation and Management Act of 1994 - Amends the Federal Water Pollution Control Act to prohibit, unless such activity is undertaken pursuant to a permit issued by the Secretary of the Army: (1) the discharge of dredged or fill material into U.S. waters; or (2) the draining, channelization, or excavation of wetlands. (Sec. 3) Requires the Secretary, upon receiving permit applications, to: (1) classify as Type A wetlands those that are of critical significance to the long-term conservation of an ecosystem and meet other specified conditions; (2) classify as Type B wetlands those that provide habitat for a significant population of wildlife or provide other significant wetlands functions and values; and (3) classify as Type C wetlands those that serve marginal functions but exist in such abundance that regulation of activities is not necessary to conserve wetlands values and functions, are prior converted cropland, are fastlands, or are lands within areas that do not serve significant wetlands functions and values. Prohibits more than 20 percent of any county, parish, or borough from being classified as Type A wetlands. Permits owners of interests in Type A wetlands to seek compensation for the fair market value of such lands. Provides that title for such lands shall pass to the United States on acceptance of an offer for compensation. Requires the Secretary to deny a permit authorizing activities in Type A wetlands unless: (1) such activities can be undertaken with minimal alteration or disturbance; or (2) the proposed use of the land will result in overall environmental benefits. Authorizes the Secretary to issue a permit for activities in Type B wetlands subject to conditions that ensure that the wetland ecosystem does not suffer loss or degradation. Imposes requirements for mitigation when such activities result in permanent wetland loss or degradation. Directs the Secretary to establish a mitigation banking program in each State to ensure compensation for loss and degradation of wetlands. Requires the primary objective of such programs to be to provide for the restoration, enhancement, or creation of ecologically significant wetlands on an ecosystem basis. Exempts specified activities from this Act's requirements. Authorizes the Secretary to establish standards to govern the delineation of wetlands, to be binding on all Federal agencies. Requires the Director of the U.S. Fish and Wildlife Service to conduct a project to identify and classify U.S. wetlands. Authorizes civil actions and prescribes penalties for permit violations. Authorizes States to administer permit programs for activities covered by this Act, subject to the Secretary's approval.
Bill· SS. 2491 (103rd)open
United States · United States Congress · 30 September 1994
Base Closure Community Redevelopment Act of 1994 - Amends the Defense Base Closure and Realignment Act of 1990 to direct the Secretary of Defense (Secretary), with respect to the use or transferability of any portion of a military installation closed or to be closed under such Act, to: (1) identify the buildings and property for which the Department of Defense (DOD) or another Federal department or agency has a use or will accept a transfer; (2) identify any property as surplus; (3) submit to the Secretary of Housing and Urban Development (HUD) and to the redevelopment authority for such installation information on any property identified as surplus; and (4) publish in the Federal Register and the appropriate local newspaper information on the surplus property. Requires State and local governments, representatives of the homeless, and other parties interested in the surplus property to submit to the redevelopment authority (RA) a notice of interest in such property, with certain time limits. Requires the representative of the homeless to submit with such notice specific information with respect to the proposed homeless assistance program for such property, as well as certain assessments and descriptions. Directs the RA for each installation to prepare a redevelopment plan for such installation which includes legally binding agreements concerning the use of such property to assist the homeless. Requires redevelopment plan approval by the HUD Secretary. Requires an RA, upon completion of a redevelopment plan, to submit to the Secretary and the HUD Secretary an application containing such plan. Requires the Secretaries to complete a review of the plan within 60 days after receipt, including a determination as to whether such plan meets certain requirements with respect to the homeless population in the area, the availability of existing services to meet the needs of the homeless, and the suitability of the surplus property to meet such needs. Allows for the negotiation of plan deficiencies between the RA and the HUD Secretary during such review. Requires appropriate action by the parties concerned if the HUD Secretary determines a redevelopment plan to be inappropriate, including plan revision and resubmission by the RA. Provides for transfer to the representative of the homeless or the RA of surplus property for disposal under an approved redevelopment plan. Authorizes either Secretary to postpone any deadline related to plan consideration and approval in the interest of the communities affected. Provides transition provisions applicable to installations approved for closure before the enactment of this Act. (Sec. 3) Directs the Secretary, in every year in which activities are undertaken relating to the closure or realignment of a military installation under a base closure law, to submit to the President, the Congress, and the chief executive officer of the appropriate State a report on the costs of environmental remediation and compliance activities at such installation. (Sec. 4) Amends the Internal Revenue Code to allow for the designation of 20 nominated areas as enterprise communities if such areas are affected by the closure or realignment of a military installation under a base closure law. (Sec. 5) Amends the Defense Authorization Amendments and Defense Base Closure and Realignment Act to direct the Secretary, before determining the fair market value of any real property to be transferred, to: (1) notify the RA concerned of the appraisal guidelines and procedures to be used by the Secretary; and (2) incorporate into such guidelines and procedures any recommendations of the RA that the Secretary considers appropriate. Requires determination of the fair market value by a third party chosen jointly by the Secretary and the RA when the estimated difference between the two parties exceeds the greater of 25 percent of the property's value as determined by the RA, or $500,000. Makes identical changes under the Defense Base Closure and Realignment Act of 1990. (Sec. 6) Amends the Defense Authorization Amendments and Base Closure and Realignment Act to direct the Secretary to determine the amount of reduction in pollution emissions that will result from the cessation of activities at a military installation approved for closure. Allows the Secretary to use such reduction (or allow another person or entity to use such reduction) as a credit for purposes of compliance with air quality requirements under the Clean Air Act. Makes identical changes under the Defense Base Closure and Realignment Act of 1990. (Sec. 7) Expresses the sense of the Congress that the Secretary should consider carrying out through a single entity all environmental restoration, waste management, and environmental compliance activities at a military installation approved for closure or realignment. Authorizes the Secretary to do so if feasible and appropriate. (Sec. 8) Authorizes the Secretary to reimburse in full any person or entity for any economic loss suffered as a result of the release or threatened release of any hazardous substance, pollutant, contaminant, petroleum or petroleum derivative as a result of DOD activities at any military installation closed pursuant to a base closure law. Makes such provision inapplicable to the extent that the person or entity contributed to such release or threatened release. Provides reimbursement conditions. (Sec. 9) Amends the Community Reinvestment Act of 1977 to require the appropriate Federal financial supervisory agency to assess a financial institution's record of meeting the credit needs of the community when the institution serves a community affected by the closure or realignment of a military installation under a base closure law.
Bill· HRH.R. 5150 (103rd)referred
United States · United States Congress · 30 September 1994
Amends the Federal Water Pollution Control Act to allow State, county, or municipal government officers or employees, if such persons do not participate in discharge permit determinations involving such governments, to be members of boards that approve permit applications notwithstanding a prohibition on membership for persons who have received a significant portion of income from permit holders or applicants.
Bill· HRH.R. 5148 (103rd)referred
United States · United States Congress · 30 September 1994
Directs the Secretary of the Interior to establish and administer a Yakima River Basin Water Conservation Program. Authorizes the Secretary to make grants to eligible entities to carry out this Act. Prohibits conserved water resulting from the expenditure of Federal funds from being used to expand irrigation in the basin, except on the Yakama Indian Reservation. Directs the Secretary to establish the Yakima River Basin Conservation Advisory Group. Requires entities to submit water conservation plans to the Secretary for approval in order to participate in the conservation program. Authorizes appropriations. Provides for the implementation by the Yakama Indian Nation of: (1) an irrigation demonstration project on the Yakama Indian Reservation that shall provide for the construction of distribution and on-farm irrigation facilities to use water savings resulting from system improvements to the Wapato Irrigation Project; and (2) a Toppenish Creek corridor enhancement project to demonstrate integration of management of agricultural, fish, wildlife, and cultural resources to meet tribal objectives. Authorizes appropriations. Details the instream flows the Secretary is required to provide through the Yakima Project Superintendent, requiring flow increases (obtained through voluntary sale and leasing of water or water rights or conservation measures) to facilitate anadromous fish migration. Directs the Secretary to report to the Congress on whether the water supply available for irrigation is adequate to sustain the agricultural economy of the Yakima River basin. Authorizes appropriations for: (1) modifying the radial gates at Cle Elum Dam to provide additional storage capacity in Lake Cle Elum; (2) providing for shoreline protection of the Lake; (3) constructing juvenile fish passage facilities at the Dam; (4) operation and maintenance responsibilities of the Federal Government for the Dam; and (5) environmental mitigation. Provides for the enhancement of water supplies for Yakima River Basin tributaries for fish and wildlife and irrigation purposes. Requires a study to determine the measures to be implemented to enhance water supplies for such purposes on Taneum Creek. Authorizes appropriations for such enhancement and for the Taneum Creek study. Authorizes appropriations to provide for electrification to enhance instream flows by eliminating the need to divert water to operate the hydraulic turbines which pump water to the Kennewick Irrigation District. Requires the Secretary to ensure that the irrigation water supply for the District shall not be affected by conservation, electrification, or subordination pursuant to this Act and any conservation measures shall be replaced by water developed through subordination or electrification. Authorizes appropriations to augment Kachess Reservoir stored water supplies from flows of Cabin and Silver Creeks which are excess to system demands. Requires the stored water supply resulting from the construction of facilities under this section to be used to: (1) enhance the water supply of the Kittitas Reclamation District and the Roza Irrigation District in years of proration; and (2) facilitate reservoir operations in the Easton Dam to Keechelus Dam reach of the Yakima River for the propagation of anadromous fish. Authorizes appropriations for the modification of the discharge facilities of Kachess Dam to improve reservoir operations for anadromous fish enhancement. Directs the Secretary to develop an interim operating plan for providing a general framework within which the Yakima Project Superintendent operates the Yakima Project. Authorizes appropriations. Authorizes appropriations for environmental compliance activities.
Bill· HRH.R. 5144 (103rd)referred
United States · United States Congress · 30 September 1994
Amends the Endangered Species Act of 1973 to prohibit the Secretary of the Interior from determining a species as an endangered or threatened species, or from designating a critical habitat of a species, until such Act has been reauthorized.
Bill· SS. 2474 (103rd)referred
United States · United States Congress · 29 September 1994
National Recreational Trails Act of 1994 - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to revise State eligibility requirements with respect to national recreational trails funding to require States to agree to expend a specified amount from non-Federal sources for such trails. Repeals the current requirement that States imposing a tax on nonhighway recreational fuels reserve a reasonable estimation of such tax revenues for recreational trail use. Allows the use of certain administrative expenditures from the National Recreational Trails Trust Fund for contracting for services with other land management agencies. Limits to one the number of national surveys of non-highway recreational fuel consumption by State that may be paid for out of such Fund. Requires States, in the mandatory use of specified amounts from such Fund for motorized or non-motorized recreation, to give priority, to the extent practicable, to project proposals that provide for the redesign, reconstruction, maintenance, or relocation of trails in order to mitigate the impact to the natural environment. Authorizes States to apply for exemption from motorized or non-motorized recreation fund use requirements if they have determined, based on trail needs identified in the Statewide Comprehensive Outdoor Recreation Plan, that it is in their best interests to be exempt. Authorizes appropriations. Increases from 11 to 12 the number of members of the National Recreational Trails Advisory Committee. Requires such committee to include one member appointed by the Secretary of the Interior representing individuals with disabilities. Rescinds specified unobligated FY 1994 appropriations.