Records whose title is actually about this topic. Use a country filter if the list is still too broad.
Records
Bill· SS. 66 (104th)referred
United States · United States Congress · 4 January 1995
Amends the Public Health Service Act to make disadvantaged students enrolled in social work programs eligible for scholarships. Makes schools offering social work programs eligible for assistance for certain disadvantaged faculty programs, programs to support excellence in health profession education for minorities, programs to support health career opportunities, and programs to support geriatric training projects. Authorizes grants to, or contracts with, hospitals, schools offering programs in social work, or other entities for the development of social work training programs and financial assistance to participants and teachers of such programs. Authorizes grants to, or contracts with, schools offering programs in social work to meet the costs of projects to establish or maintain administrative units to provide clinical instruction in social work. Authorizes and allocates appropriations. Adds "clinical social worker" to specified profession definitions under health maintenance organization provisions.
Bill· SS. 59 (104th)referred
United States · United States Congress · 4 January 1995
Rural Preventive Health Care Training Act of 1995 - Amends the Public Health Service Act to authorize preventive health care training to health care practitioners practicing in rural areas. Provides that such training should include health care to prevent both physical and mental disorders. Authorizes appropriations for FY 1996 through 1998.
Bill· SS. 68 (104th)referred
United States · United States Congress · 4 January 1995
Requires the appointment by the President of health care professionals to the positions of Surgeon General of the Army, Surgeon General of the Navy, and Surgeon General of the Air Force.
Bill· SS. 62 (104th)referred
United States · United States Congress · 4 January 1995
Amends title XVIII (Medicare) of the Social Security Act to remove the restriction that a clinical psychologist or clinical social worker provide services in a comprehensive outpatient rehabilitation facility to a patient only under the care of a physician.
Bill· SS. 64 (104th)referred
United States · United States Congress · 4 January 1995
Amends the Public Health Service Act to make certain graduate programs in clinical psychology eligible to participate in various health professions loan programs.
Bill· SS. 60 (104th)referred
United States · United States Congress · 4 January 1995
Physical and Occupational Therapy Education Assistance Act of 1995 - Amends the Public Health Service Act to authorize grants to programs of physical therapy and occupational therapy for planning and implementing projects for the recruitment, training, and retention of physical and occupational therapy practitioners in approved programs that provide financial assistance in the form of traineeships to participating students. Requires preference to be given to qualified applicants that provide training in either physical or occupational therapy programs in rural or urban medically underserved communities, or that expand post-baccalaureate programs for the advanced training of such practitioners. Requires a report to the Congress on such programs and authorizes appropriations for FY 1996 through 1998.
Bill· SS. 30 (104th)referred
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Social Security Earnings Test Title II: Repeal of Increase in Tax on Social Security Benefits Title III: Treatment of Long-Term Care Title IV: Senior Citizen Communities Senior Citizens' Equity Act - Title I: Social Security Earnings Test - Amends title II (Old-Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to increase the monthly exempt amount, under the earnings test, for individuals who have attained retirement age. Sets forth a schedule of monthly adjustments increasing from $1,250 for taxable year 1996 to $2,500 for taxable year 2000 (amounting, by the year 2000, to an annual exempt amount of $30,000 such individuals may earn before being subject to benefit reductions). Title II: Repeal of Increase in Tax on Social Security Benefits - Amends the Internal Revenue Code to schedule from 1996 through 2000 a reduction from 85 percent to 50 percent the amount of Social Security benefits on which beneficiaries earning more than $34,000 annually ($44,000 for couples) are liable for income tax. Title III: Treatment of Long-Term Care - Amends the Internal Revenue Code to treat a long-term care insurance contract as an accident or health insurance contract. (Sec. 301) Restricts the meaning of long-term care insurance contract to a guaranteed renewable contract without cash surrender value: (1) covering only qualified long-term care services and benefits incidental to such coverage; (2) excluding expenses for services or items reimbursable under Medicare (except where Medicare is a secondary payor); (3) applying all premium refunds and all policyholder dividends or similar amounts to reduce future premiums or increase future benefits; and (4) offering a maximum benefit of no more than $200 for expenses incurred for any day. Provides for an inflation adjustment of the $200 benefit limit. Limits qualified long-term care services to necessary diagnostic, preventive, therapeutic, and rehabilitative services, as well as maintenance or personal care services prescribed by a licensed health care practitioner for a chronically ill individual in a qualified facility who is unable to perform (without substantial assistance from another individual) at least two activities of daily living (including walking or wheeling, dressing, toileting and bathing, transferring in and out of a bed or chair, and eating). Makes an individual's home a qualified facility if a licensed health care practitioner certifies that without home care the individual would have to be cared for in a State-licensed or Medicare- or Medicaid-certified nursing, rehabilitative, hospice, or adult day care facility. Declares that this title shall not apply in any determination whether a health care plan shall be subjected to an excise tax for failure to satisfy continuation coverage requirements. (Sec. 302) Excludes from gross income any benefits (not in excess of $200 per day) received under a long-term care insurance contract, including employer-provided coverage under such a contract. (Sec. 303) Allows an income tax deduction for qualified long-term care services, subject to specified limits. (Sec. 304) Treats as a nontaxable exchange the exchange of a contract of life insurance or an endowment or annuity contract for a long-term care insurance contract. (Sec. 305) Reduces any amounts includible in gross income by reason of distributions from individual retirement plans or 401(k) plans by the aggregate premiums paid by an individual for any long-term care insurance contract for the benefit of such individual or his or her spouse, if the individual or spouse, as appropriate, has attained age 59 and one-half on or before the date of the distribution. (Sec. 306) Excludes from gross income accelerated death benefits paid from life insurance policies for individuals who are terminally ill or permanently confined to a nursing home. Title IV: Senior Citizen Communities - Amends the Fair Housing Act with respect to the exemption for housing for older persons from the prohibition against discrimination based on familial status. Revises the definition of housing for older persons to repeal the requirement that such housing possess significant facilities and services specifically designed to meet the physical or social needs of older persons. (Sec. 402) Declares that an individual who engages in conduct with a reasonable good faith reliance on the existence of such exemption is not personally liable for money damages for a violation of such Act that the exemption would have vitiated. Presumes such good faith reliance of a person engaged in the business of residential real estate transactions if: (1) he or she has no actual knowledge that the facility or community is or will be ineligible for such exemption; and (2) the facility or community gives him or her a written certification stating its compliance with the requirements for such exemption.
Bill· SS. 11 (104th)referred
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Grants to States for Alternative Dispute Resolution Systems Title II: Uniform Standards for Malpractice Claims Medical Care Injury Compensation Reform Act of 1995 - Title I: Grants to States for Alternative Dispute Resolution Systems - Directs the Secretary of Health and Human Services to make grants to States for the implementation and evaluation of alternative dispute resolution (ADR) systems. Requires the Secretary to: (1) designate each State receiving such a grant as a model ADR State (making such State eligible for a two-year extension); and (2) disseminate information on the ADR systems implemented by such States to other States, health care professionals and providers, and other interested parties. (Sec. 102) Directs the Secretary to: (1) develop and promulgate standards and regulations necessary to carry out the grant program, including qualification standards that States must meet to receive grants and regulations establishing State data gathering requirements; (2) take into account, in developing qualification standards, specified factors such as the effectiveness of such systems in supporting access to health care, encouraging improvements in the quality of care, resolving claims promptly, and providing predictable outcomes; (3) provide States with technical assistance; and (4) report to the Congress, within four years of the first grant, describing and evaluating the ADR systems implemented. Title II: Uniform Standards for Malpractice Claims - Specifies that, with respect to any health care liability action brought in a Federal or State court and any medical malpractice or medical product liability claim subject to an ADR system: (1) no person may be required to pay more than $100,000 in a single payment in damages for expenses to be incurred in the future, but shall be permitted to make periodic payments; (2) the total amount of damages that may be awarded to an individual and the family members of such individual for non-economic losses may not exceed $250,000; (3) the total amount of damages received by an individual shall be reduced by any other payment that has been or will be made to the individual to compensate such individual for the injury; (4) a claimant's attorney's fees may not exceed 25 percent of the first $150,000 of any award or settlement, or 15 percent of any additional amounts, paid to the claimant; (5) the total amount of punitive damages that may be assessed may not exceed twice the total amount of the damages awarded to compensate the claimant for losses resulting from the injury; and (6) the liability of each defendant for non-economic losses shall be several only and not joint, with each defendant liable only for non-economic losses allocated to the defendant in direct proportion to the defendant's percentage of responsibility. (Sec. 204) Establishes a two-year statute of limitations for medical malpractice and product liability claims, with an exception for minors under age six. (Sec. 205) Specifies that, in the case of a medical malpractice or product liability claim relating to services provided during labor or the delivery of a baby, if the defendant health care professional did not previously treat the plaintiff for the pregnancy, the trier of fact may not find that the defendant committed malpractice and assess damages against the defendant unless the malpractice is proven by clear and convincing evidence. (Sec. 206) Bars a defendant from being found to have committed malpractice unless the defendant's conduct at the time of providing the health care services was not reasonable, except where the claimant asserts that the defendant is liable under a strict liability theory. (Sec. 207) Bars the award of punitive damages with respect to any medical product liability claim alleged against a medical product producer if the drug or device that is the subject of the claim: (1) was subject to approval or premarket approval under the Federal Food, Drug, and Cosmetic Act by the Food and Drug Administration (FDA) with respect to the safety or performance of the drug or device or the adequacy of the packaging or labeling; (2) was approved by FDA; or (3) is generally recognized as safe and effective pursuant to conditions established by FDA and applicable regulations. Makes an exception in the case of withheld information, misrepresentation, or illegal payment to an FDA official for purposes of securing approval of the drug or device.
Bill· SS. 18 (104th)referred
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Health Care Insurance Coverage Subtitle A: Definitions Subtitle B: Increased Availability and Continuity of Health Coverage Subtitle C: Required Coverage Options for Eligible Employees and Dependents of Small Employers Subtitle D: Required Coverage Options for Individuals Insured Through Association Plans Subtitle E: 1-Year Extension of Medicare Select Subtitle F: Tax Provisions Title II: Primary and Preventive Care Services Title III: Patient's Right to Decline Medical Treatment Title IV: Primary and Preventive Care Providers Title V: Cost Containment Title VI: Long-Term Care Subtitle A: Tax Treatment of Qualified Long-Term Care Insurance Policies and Services Subtitle B: Tax Incentives for Purchase of Qualified Long-Term Care Insurance Health Care Assurance Act of 1995 - Title I: Health Care Insurance Coverage - Subtitle A: Definitions - Sets forth definitions. Subtitle B: Increased Availability and Continuity of Health Coverage - Part 1: Reform of Health Insurance Marketplace for Small Employers - Subpart A: Insurance Market Reform - Requires each insurer that makes available a health insurance plan to a small employer in a State to make a qualified health insurance plan available to each such small employer. (Sec. 112) Requests the National Association of Insurance Commissioners (NAIC)to submit for certification to the Secretary of Health and Human Services a set of rules for determining the actuarial value of the coverage offered by a health insurance plan. Sets forth requirements for determining standard coverage under health insurance plans. (Sec. 113) Requests the NAIC to submit to the Secretary model regulations that specify standards with respect to the requirement that insurers provide qualified health insurance plans. Authorizes States to implement standards for health insurance plans to small employers that are more stringent than the requirements under this Act; except that such standards shall not prevent the offering by an insurer of at least one health insurance plan that provides standard coverage. Requires each State to submit to the Secretary by a specified time a report on the steps it is taking to implement and enforce the standards with respect to insurers and their qualified health insurance plans. Subpart B: Additional Standards for Health Insurance Plans Offered to Small Employers - Requires any insurer offering a health insurance plan to a small employer to meet specified issuance requirements. (Sec. 122) Requires each health insurance plan offered to a small employer to establish within each community rating area in which such plan is offered a standard premium for enrollment of eligible employees and individuals for the standard coverage. (Sec. 123) Requires an insurer to fully disclose rating practices for their health insurance plan to the appropriate certifying authority. Authorizes such plans to require advanced payment from a new enrollee equal to the monthly premium. Subpart C: Small Employer Purchasing Groups - Sets forth qualified small employer purchasing group requirements. (Sec. 136) Authorizes appropriations for grants to States and small employer purchasing groups to assist them in planning, developing, and operating such groups. Part 2: Standards Applicable to All Health Insurance Plans - Requires an insurer offering a health insurance plan to meet specified coverage requirements, including: (1) guaranteed eligibility for individuals (including any dependents); (2) certain limitations on coverage of preexisting conditions of an individual; and (3) guaranteed renewability of plans. Part 3: Enforcement of Standards for Health Insurance Plans - Amends the Internal Revenue Code to impose a tax on insurers who fail to comply with certain standards for health insurance plans. Part 4: Effective Dates - Declares that this subtitle is effective upon enactment. Subtitle C: Required Coverage Options for Eligible Employees and Dependents of Small Employers - Requires small employers to offer eligible employees a group health plan. Declares that such employer is not required to make a contribution to the cost of coverage under such plan. (Sec. 172) Sets forth certain employer requirements with respect to multiemployer health plans. (Sec. 173) Amends the Internal Revenue Code to impose a tax on small employers who fail to comply with certain requirements for health insurance plans. Subtitle D: Required Coverage Options for Individuals Insured Through Association Plans - Part 1: Qualified Association Plans - Sets forth qualified association plan requirements. (Sec. 182) Defines such plan as a multiple employer welfare arrangement which: (1) is maintained by a qualified association; (2) has at least 500 participants in the United States; (3) provides benefits consisting solely of medical care; and (4) meets other specified criteria. Part 2: Special Rule for Church, Multiemployer, and Cooperative Plans - Sets forth requirements for church, multiemployer, and cooperative health plans. Part 3: Enforcement - Amends the Internal Revenue Code to impose a tax on qualified associations, church plans, multiemployer plans, or rural electric cooperative or rural telephone cooperative association plans for failure to comply with certain standards for associations and health insurance plans. Subtitle E: 1-Year Extension of Medicare Select - Amends the Omnibus Budget Reconciliation Act of 1990 to extend for one year the period for issuance of Medicare select policies. Subtitle F: Tax Provisions - Amends the Internal Revenue Code to make permanent the deduction for health insurance costs of self-employed individuals for medical care for themselves, their spouses, and dependents. Increases the deduction from the current 25 percent of premiums paid during taxable years beginning in 1994 or 1995 by 25 percent increments up to 100 percent for years beginning in 2000 or after. (Sec. 1022) Revises continuation coverage requirements of group health plans (under the Consolidated Omnibus Budget Reconciliation Act of 1985, or COBRA '85) to: (1) allow such coverage to offer annual deductibles of $1,000 and $3,000; (2) increase from 18 months to 24 months the maximum required period of continuation coverage; and (3) provide for termination of continuation coverage only after 90 days of eligibility for employer-based coverage under a new plan. Title II: Primary and Preventive Care Services - Authorizes the Secretary to make grants to States in order to: (1) reduce infant mortality and low birth weight births; and (2) to improve the health of pregnant women, mothers, infants, and their families for a five-year period. Authorizes appropriations. (Sec. 202) Amends the Public Health Service Act to reauthorize appropriations for specified: (1) immunization programs; (2) tuberculosis and sexually transmitted disease prevention programs; (3) migrant and community health centers; (4) health services for the homeless; (5) family planning services; (6) breast and cervical cancer prevention; (7) preventive health and health services block grants; and (8) early intervention services regarding immunodeficiency virus (HIV) disease. Amends title V (Maternal and Child Health Services Block Grant) of the Social Security Act (SSA) to authorize appropriations to improve the health of all mothers and children. (Sec. 203) Requires the Secretary of Education to award grants to States for local programs of comprehensive health education and prevention, early health intervention, and health education in elementary and secondary schools. Establishes the Office of Comprehensive School Health Education. Authorizes appropriations. (Sec. 204) Mandates grants to Head Start training agencies for training and technical assistance regarding health education to Head Start teachers and other child care providers. Reserves funds for the development of innovative model health education programs or curricula. Authorizes appropriations. Title III: Patient's Right to Decline Medical Treatment - Prohibits State restrictions, except to protect a third party, on the right: (1) of a competent person to consent to or decline medical treatment; or (2) of an incapacitated person to consent to or decline medical treatment through a power of attorney. Requires all health care providers to honor such forms. Shields providers who act in good faith from criminal or civil liability or professional discipline. Denies Medicare and Medicaid payment for services contrary to advance directives and powers of attorney. (Sec. 301) Requires the Secretary to develop a national advance directive form and a national durable power of attorney form. Declares that nothing in this title shall be construed to permit, condone, authorize, or approve suicide or mercy killing, or any affirmative act to end a human life. Title IV: Primary and Preventive Care Providers - Amends SSA title XVIII (Medicare) to modify or establish payment requirements regarding certified nurse midwives, nurse practitioners, clinical nurse specialists, and physician assistants. Makes payment to the employer of a physician assistant or nurse practitioner for the services provided discretionary, instead of, as currently, mandatory. (Sec. 402) Amends SSA title XIX (Medicaid) to include physician assistants, nurse practitioners, clinical nurse specialists, and certified registered nurse anesthetists in the Medicaid definition of "medical assistance" for which payment will be made. (Sec. 403) Amends the Public Health Service Act to establish grant programs to: (1) provide medical (including osteopathic medical) students for programs to interest high school or college students in careers in general medical practice (medical student tutorial program grants); and (2) develop strategies for recruiting and placing medical students interested in practicing general medicine (general medical practice grants). Authorizes appropriations. Title V: Cost Containment - Amends the Public Health Service Act to authorize a program of clinical trials regarding promising new drugs and disease treatments. Authorizes appropriations. (Sec. 502) Authorizes appropriations for the Agency for Health Care Policy Research. Amends the Internal Revenue Code to impose a tax on health insurance premiums, payable by any person who makes, signs, issues, or sells any of the documents and instruments subject to the tax or for whose use or benefit the same are made, signed, issued, or sold. Establishes, and deposits the resulting tax receipts in, the Trust Fund for Medical Treatment Outcomes Research. Mandates annual distributions from the Trust Fund for outcomes research. (Sec. 503) Requires the Secretary to establish a national health insurance data and claims system. Authorizes appropriations. (Sec. 504) Requires the Secretary to make grants to States that establish health care cost containment and quality information systems. Authorizes appropriations. Title VI: Long-Term Care - Subtitle A: Tax Treatment of Qualified Long-Term Care Insurance Policies and Services - Amends the Internal Revenue Code to allow a deduction for expenses paid during the year for qualified long-term care services. (Sec. 603) Prohibits a deduction for charges against a life insurance contract's cash surrender value, unless such charges are includible as income and the coverage provided by the rider is a qualified long-term care insurance policy. (Sec. 604) Requires treatment of qualified long-term care insurance as accident and health insurance for purposes of taxation of insurance companies. (Sec. 605) Excludes from gross income amounts (accelerated death benefits) paid under a life insurance contract to an individual who is terminally ill, has a dread disease, or is permanently confined to a nursing home. Subtitle B: Tax Incentives for Purchase of Qualified Long-Term Care Insurance - Allows a tax credit for a portion of long-term care insurance premiums. (Sec. 612) Excludes from gross income benefits received under long-term care insurance. (Sec. 613) Allows employers to deduct from gross income any contributions made for an employee's long-term care insurance. (Sec. 614) Allows employees to select long-term care insurance as part of a cafeteria plan. (Sec. 615) Excludes from gross income amounts received: (1) on the surrender, cancellation, or exchange of a life insurance contract if the individual is at least a specified age and the amount is used to pay for long-term care insurance; and (2) on a home equity conversion sale-leaseback, if the gain is used to purchase long-term care insurance.
Bill· SS. 8 (104th)referred
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Ending the Cycle of Intergenerational Dependency Title II: Parental Responsibility Title III: Combating Teenage Pregnancy Title IV: Financing Teen Pregnancy Prevention and Parental Responsibility Act - Title I: Ending the Cycle of Intergenerational Dependency - Amends title IV part A (Aid to Families with Dependent Children) (AFDC) of the Social Security Act (SSA) to require appropriate adult-supervised supportive living arrangements for minors (and their children, if any) as a condition of their receiving AFDC. (Sec. 102) Amends SSA title XX (Block Grants to States for Social Services) to entitle each State to funds to establish, operate, and support adult-supervised group homes for custodial parents under age 19 and their children. Sets forth provisions for payments of allotments to States, payments to Indian tribes, receipt of payments by such homes, and submission of recommendations on usage of Government surplus properties for such homes. (Sec. 103) Requires completion of high school or other training for teenage parents as a condition of receiving AFDC. Allows a State the option of requiring some or all custodial parents and pregnant women who have not attained 19 years of age (or at the State's option, 21) and who are receiving AFDC to participate in a program of additional monetary incentives and penalties. (Sec. 104) Requires drug treatment and counseling as part of the Job Opportunities and Basic Skills (JOBS) program under AFDC. Title II: Parental Responsibility - Amends SSA title IV part D (Child Support and Establishment of Paternity) to provide performance-based incentive adjustments to the Federal matching rate for statewide paternity establishment efforts. Provides for Federal financial participation for all of a State's paternity establishment services. (Sec. 202) Adds to the statutorily prescribed procedures to improve effectiveness of child support enforcement, which a State is required to have in order to receive part D matching funds, procedures under which the State may withhold or suspend various sorts of licenses. (Secs. 203) Revises part D requirements for State laws: (1) concerning paternity establishment; and (2) providing expedited procedures. (Sec. 205) Provides for outreach for voluntary paternity establishment, through part D State plan requirements, enhanced Federal matching funds, and State outreach as part of voluntary consent procedures. Directs the Departments of Education and of Health and Human Services (HHS) and the Public Health Service to develop and implement a substantial outreach program and media campaign to reinforce paternity establishment's importance and promote parenting as a joint right and responsibility. Authorizes appropriations for such program. Title III: Combating Teenage Pregnancy - Amends SSA title IV part A (AFDC) to allow each State agency to provide for eligible entities' operation of projects to reduce teen pregnancy. Allows Indian tribes and Alaska native entities to apply to the Secretary of HHS to operate such projects. Directs the Secretary of HHS to study and report to the Congress annually on the effectiveness of different approaches used in such projects. Authorizes appropriations. Entitles each State to a specified payment of the Federal share of the cost of such projects. (Sec. 302) Directs the Secretaries of Education and of HHS and the Chief Executive Officer of the Corporation for National and Community Service to establish a National Clearinghouse on Teenage Pregnancy Prevention Programs. Authorizes appropriations. Title IV: Financing - Sets forth SSA uniform eligibility criteria for aliens to qualify for Federal and federally-assisted public assistance under AFDC, supplemental security income (SSI), and Medicaid programs. Allows State and local governments to make an alien ineligible for any of their assistance programs based on need unless such alien is a qualified alien under such SSA criteria. (Sec. 402) Amends the Food Stamp Act of 1977 to extend the duration of a specified formula covering State retention of certain amounts recovered.
Bill· HRH.R. 411 (104th)referred
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Supersession of the Modification of Final Judgment Title II: Regulation of Manufacturing, Alarm Services and Electronic Publishing by Bell Operating Companies Title III: Telecommunications Infrastructure and Competition Title IV: Communications Competitiveness Title V: Procurement Practices of Telecommunications Providers Title VI: Federal Communications Commission Resources Antitrust and Communications Reform Act of 1995 - Title I: Supersession of the Modification of Final Judgment - Antitrust Reform Act of 1995 - Authorizes Bell operating companies (BOCs) to apply to the Attorney General and the Federal Communications Commission (FCC), notwithstanding the Modification of Final Judgment entered into on August 24, 1982 (AT&T consent decree), for authorization to provide alarm monitoring services or interexchange telecommunications services. Requires such application to describe with particularity the nature and scope of each activity and of each product, service, and geographic market for which authorization is sought. Sets forth provisions concerning application procedures, separate determinations by the Attorney General and the FCC, and judicial review of such determinations. (Sec. 103) Prohibits a BOC, until one year after enactment of this Act, from manufacturing or providing telecommunications equipment or customer premises equipment, with qualified limitations on such activities after such period. Makes an exception for previously authorized activities. (Sec. 104) Prohibits a BOC with monopoly power in any exchange service market area from tying the sale of any product or service to the provision of any telecommunications service if the effect is to substantially lessen competition or to tend to create monopoly in any line of commerce. (Sec. 105) Provides for enforcement of this title through the U.S. Attorney's Office (including a private right of action with injunctive relief). (Sec. 108) Directs the FCC to review its regulations: (1) and revise such regulations to the extent necessary to prevent a BOC from engaging in improper cross-subsidization in connection with specified services; and (2) regarding access to interexchange services provided to subscribers to commercial mobile services and revise such regulations to the extent necessary to protect the public interest, convenience, and necessity. Title II: Regulation of Manufacturing, Alarm Services and Electronic Publishing by Bell Operating Companies - Amends the Communications Act of 1934 (the Act) to authorize a BOC, through an affiliate, to manufacture and provide telecommunications equipment and customer premises equipment. Requires the manufacturing to be conducted separately through an affiliate of the BOC. Directs the FCC to prescribe regulations ensuring BOC compliance with the requirements of this title, including the maintenance of separate books, records, and accounts for such activities. Requires the manufacturing affiliate to conduct all such manufacturing within the United States, with exceptions. Prohibits telephone exchange rate payers from incurring debt attributed to such manufacturing activities. Requires such manufacturing affiliate to make available to all common carriers without discrimination any telecommunications equipment that is used in the provision of telephone exchange service and that is manufactured by such affiliate, with certain conditions. Prohibits such affiliate from discontinuing or restricting sales to a common carrier for as long as there is reasonable demand for such equipment (with a determination of such demand by the FCC). Requires each BOC to maintain and file with the FCC complete information with respect to the protocols and technical requirements for connection with and use of its telephone exchange service facilities. Requires access to such information for competitors of the BOC's manufacturing affiliate. Provides additional requirements (and appropriate regulations by the FCC) with respect to equal competition and accessibility of telecommunications and customer premises equipment. Directs each BOC manufacturing affiliate to establish a permanent program for manufacturing research and development of products and applications for the enhancement of the public switched telephone network and to promote public access to advanced telecommunications services. Provides the FCC with administrative and enforcement authority. (Sec. 202) Directs the FCC to prescribe regulations to: (1) establish necessary and appropriate requirements for the provision of alarm monitoring services by BOCs and their affiliates; (2) prohibit BOCs and their affiliates from recording the occurrence or contents of calls received by providers of such services for marketing purposes; and (3) establish procedures for the receipt and review of complaints concerning violations by such companies of such regulations or other provisions of this Act which result in financial harm to a provider of alarm monitoring services. Provides for the expedited consideration of complaints. (Sec. 203) Prohibits a BOC and any affiliate from engaging in the provision of electronic publishing that is disseminated by means of such BOC's or affiliate's basic telephone service. Requires a separate affiliate or electronic publishing joint venture (EPJV) to maintain separate books, records, and accounts of such publishing business and to take certain other steps to maintain such business separately from BOC business. Provides operating requirements for BOCs under common ownership or control with a separated affiliate or EPJV. Prohibits a BOC or any affiliate from providing to any electronic publisher, including a separated affiliate or EPJV, customer proprietary network information for use in connection with the provision of electronic publishing that is disseminated by means of such BOC's or affiliate's basic telephone service that is not made available by the BOC or affiliate to all electronic publishers under the same terms and conditions. Outlines prohibited and authorized joint activities between BOCs and separated affiliates. Requires appropriate maintenance of separate books, records, and accounts for transactions related to the provision of electronic publishing between a BOC and any affiliate, as well as between an affiliate and a separated affiliate. Prohibits certain interaction (such as sharing of common officers) between a BOC and other electronic publishers. Sets forth transition and sunset provisions, as well as private rights of action for violations of the electronic publishing provisions. (Sec. 204) Requires a carrier that provides subscriber list information to any affiliated or unaffiliated provider or person to do so on a timely and unbundled basis, under nondiscriminatory and reasonable rates, terms, and conditions, to any person upon request. Sets limits on the use and disclosure of customer proprietary network information by common carriers. Authorizes the FCC to exempt from such limitations carriers that have, together with any affiliated carriers in the aggregate nationwide, fewer than 500,000 access lines installed if the FCC determines that such exemption is in the public interest or if compliance would impose an undue economic burden on the carrier. Directs the FCC to commence a proceeding to examine the impact of converging communications technologies on consumer privacy and to propose changes in FCC regulations and recommendations to the Congress for legislative changes. (Sec. 205) Requires a common carrier engaged in the provision of telemessaging services to provide nonaffiliated entities, upon reasonable request, with the network services it provides to its own telemessaging operations, on nondiscriminatory terms and conditions. Prohibits such a carrier from subsidizing its telemessaging services with revenues from telephone exchange service. Provides for expedited consideration of complaints. (Sec. 206) Directs the FCC to: (1) initiate a proceeding to reconsider its decision in the Report and Order In the Matter of Computer III Remand Proceedings, relieving the BOCs of the obligation to provide enhanced services through fully separate affiliates; and (2) adopt regulations prescribing the structural or nonstructural safeguards, or both, with which local exchange carriers shall comply when providing enhanced services. Title III: Telecommunications Infrastructure and Competition - Amends the Act to state that the duty of a common carrier to furnish communications services includes the duty to interconnect with the facilities and equipment of other providers of telecommunications and information services (services) in accordance with FCC regulations with respect to the openness and accessibility of common carrier networks. Requires local telephone exchange service carriers to provide equal access to and interconnection with its network facilities upon request to any other carrier or person providing services so that such networks are fully interoperable. Directs the FCC to establish reasonable compensation rates to the carrier for such services. Requires the convening of a Federal-State Joint Board to determine equal access and interconnection standards. Preempts contrary State law, but permits: (1) a State to impose a term or condition on service providers which does not effectively prohibit providing interstate or intrastate service and which is necessary to protect public safety and welfare and to ensure the continued quality of intrastate telecommunications, just and reasonable rates for intrastate telecommunications services, or provider business practices consistent with consumer protection laws and regulations; and (2) a local government to require a person or carrier to obtain ordinary and usual construction or similar permits if such permit is required without regard to the nature of the business and if requiring such permit does not effectively prohibit any carrier from providing any interstate or intrastate service. Sets forth special provisions applicable to commercial mobile services. Prohibits a local government from imposing or collecting any franchise or other charge as a condition for operating in the locality or for obtaining access to, occupying, or crossing public rights-of-way from any provider of telecommunications services that distinguishes between or among such providers, including the local exchange carrier. Requires: (1) local exchange carriers to prepare and file tariffs with respect to services or elements offered to comply with such standards, along with supporting information; and (2) the FCC to review such tariffs. Directs the FCC to determine whether a telecommunications service or provider of such service is or will be subject to reasonable competition and to take appropriate action thereafter. Requires the establishment of a Federal-State Joint Board to recommend actions to the FCC and State commissions for the preservation of universal service. Requires the FCC to prescribe regulations: (1) prohibiting certain cross subsidies; and (2) ensuring telecommunications number portability. Directs the FCC, at least every three years, to review standards and requirements concerning equal access, interconnection, and the preservation of universal service. Requires such review to include a study of telephone exchange service furnished by rural carriers. Includes among the duties of a communications service provider the duty to furnish such service in accordance with FCC regulations concerning functionality and reliability. Directs the FCC to: (1) initiate an inquiry to consider and prescribe regulations to implement regulations and policies necessary to make open platform service (a switched, end-to-end digital telecommunications service) available to subscribers at reasonable rates; (2) establish a procedure to waive temporarily specific provisions of the regulation if a local exchange carrier demonstrates that compliance would be economically or technically infeasible or would delay the deployment of new facilities with improved capabilities or efficiencies that will be used to meet the requirements of open platform services; (3) conduct an inquiry concerning the deployment of open platform service and other advanced telecommunications network capabilities; (4) prescribe regulations to ensure that advances in network services deployed by local exchange carriers shall be accessible by individuals with disabilities, unless the cost would result in an undue burden or adverse competitive impact, and to conduct a proceeding, at least every three years, in which interested parties may comment on whether the regulations have ensured such accessibility; and (5) establish network reliability and quality performance measures to ensure the continued maintenance and evolution of common carrier facilities and service. Provides certain regulatory exemptions for rural areas. Directs the FCC to prescribe regulations that require local exchange carriers to make available to qualifying carriers such public switched telecommunications network technology and information and telecommunications facilities and functions as may be requested to enable such a carrier to provide telecommunications services, or access to information services, in the geographic area in which that carrier has requested and obtained designation as the qualifying carrier. Preempts a cable franchising authority's regulation of telecommunications services. (Sec. 303) Directs: (1) the FCC to promote the provision of advanced telecommunications services by wire, wireless, cable, and satellite technologies to educational institutions, health care institutions, and public libraries; and (2) the National Telecommunications and Information Administration to conduct a nationwide annual survey of the availability of such services to such institutions and libraries. Directs the FCC to: (1) issue a notice of proposed rulemaking for regulations that, among other things, enhance the availability of such services to all educational institutions and classrooms, health care institutions, and public libraries by the year 2000; and (2) assess the feasibility of including postsecondary educational institutions in any such regulations. (Sec. 304) Directs the FCC to: (1) issue a final determination within 180 days after a complaint concerning an alleged discriminatory interconnection; and (2) provide for the expedited licensing of new technologies or services related to the furnishing of telecommunications services. (Sec. 306) Requires any application filed for authority to construct or extend a line to address the means by which such construction or extension will meet the network access needs of individuals with disabilities. (Sec. 307) Directs the FCC to: (1) prescribe regulations for ensuring that utilities charge just and reasonable and nondiscriminatory rates for pole attachments provided to all providers of telecommunications services; (2) study policies that will enhance civic participation through the national information infrastructure; (3) conduct a study of how to encourage citizen participation in regulatory issues; and (4) initiate a rulemaking proceeding for the purpose of lowering market entry barriers for small business, business concerns owned by women and members of minority groups, and nonprofit entities that are seeking to provide services. Title IV: Communications Competitiveness - Amends the Act to allow a common telecommunications services carrier to provide video programming (cable television (TV) service) directly to subscribers in its telephone service area, as long as the video programming is provided through a video programming affiliate that is separate from such carrier (with separate books, records and accounts). Sets forth rules and regulations concerning interaction and business transactions between a common carrier and an affiliate with respect to the provision of video programming services. Requires the common carrier with a video programming affiliate to establish a video platform. Requires such a carrier to submit a notice to the FCC of its intention to establish channel capacity for the provision of video programming to meet the bona fide demand for such capacity. Sets forth provisions regarding responses to requests for carriage and to changes in demand for capacity. Grants the FCC the authority to resolve disputes with respect to establishment of video platforms. Directs the FCC to prescribe regulations regarding video platforms and to extend such regulations to other high capacity systems. Requires carriers to certify compliance with equal access requirements, with exceptions. Prohibits a common carrier from: (1) cross-subsidizing costs of telephone service with costs of video programming service among its customers; and (2) buying out a cable system located within its telephone exchange area and owned by an unaffiliated person. Directs the FCC to convene a Federal-State Joint Board to recommend a decision concerning the practices, classifications, and regulations necessary to ensure proper jurisdictional separation and cost allocation of establishing and providing a video platform. Provides for: (1) the applicability of franchising and other requirements; and (2) rural area exemptions from certain provisions of the Act. (Sec. 402) Directs the FCC to: (1) modify, maintain, or remove the ownership regulations on radio and TV broadcasters as necessary to ensure that broadcasters are able to compete fairly with other information providers while protecting the goals of diversity and localism; and (2) review the ownership restriction under the Act with respect to cable operators and report to the Congress on whether such restriction continues to serve the public interest. (Sec. 404) Requires the FCC, if it determines to issue additional licenses for advanced TV services, and it initially limits the eligibility for such licenses to persons that are licensed to operate a TV broadcast station or that holds a permit to construct such a station (or both), to adopt regulations that allow such licensees or permittees to offer such ancillary or supplementary services on designated frequencies as may be consistent with the public interest, convenience, and necessity. (Sec. 405) Directs the FCC to examine and report to the Congress on the impact of the convergence of technologies on cable, telephone, satellite, and wireless and other communications technologies likely to offer interactive communications services. (Sec. 406) Requires the FCC to: (1) complete an inquiry to ascertain the level at which video programming is closed captioned and prescribe regulations to ensure that video programming is fully accessible through the provision of closed captions; and (2) commence an inquiry to examine the use of video descriptions on video programming to ensure accessibility to persons with visual impairments. Requires the National Telecommunications and Information Administration to establish, oversee, and provide financial support for marketplace tests of video descriptions on commercial and noncommercial video programming services. (Sec. 407) Directs the FCC to prescribe regulations to reserve appropriate capacity for the public at preferential rates on cable systems and video platforms. (Sec. 408) Provides that a ship documented under U.S. laws operating in accordance with the Global Maritime Distress and Safety System provisions of the Safety of Life at Sea Convention shall not be required to be equipped with a radio station operated by one or more radio officers or operators. (Sec. 409) Provides for exclusive Federal jurisdiction over direct broadcast satellite service. (Sec. 411) Requires cable operators to inform subscribers of the right to request and obtain devices to preclude display of encrypted programming. Directs the FCC to require the transmission of such programming by means of encrypted signals that permit subscribers to effectively and entirely prevent the display of both the audio and video portions of such programming with or without the use of such a device. Title V: Procurement Practices of Telecommunications Providers - Directs the FCC to: (1) require each provider of telecommunications services to submit a detailed and verifiable plan for increasing its procurement from business enterprises that are owned by minorities or women in all categories of procurement in which minorities are underrepresented; and (2) establish regulations for implementing programs pursuant to this title that will govern providers of telecommunications services and their affiliates. (Sec. 504) Sets penalties for: (1) falsely representing a business as an enterprise owned by minorities or women in procuring contracts from telephone operating companies and their affiliates; and (2) a provider of telecommunications services falsely representing its annual report to the FCC or its implementation of programs. Prohibits discrimination against an otherwise qualified business enterprise that is owned by minorities or women solely by reason of its racial, ethnic, or gender composition in the procurement of contracts from telephone utilities. Authorizes civil actions for violations and permits the court to allow the prevailing party reasonable attorney's fees and costs. Title VI: Federal Communications Commission Resources - Authorizes appropriations to the FCC.
Bill· HRH.R. 396 (104th)referred
United States · United States Congress · 4 January 1995
Hearing Loss Testing Act of 1995 - Requires: (1) every newborn to be tested for hearing loss at birth; (2) uniform testing standards; and (3) each health insurance policy providing newborn coverage to cover such testing. Amends title XIX (Medicaid) of the Social Security Act to add newborn hearing loss testing to the definition of screening services. Provides for a grant or other program to assure that all newborns are tested. Authorizes appropriations.
Bill· HRH.R. 381 (104th)referred
United States · United States Congress · 4 January 1995
Comprehensive Health Access District Act - Defines: (1) "comprehensive health access district" as a community in which unemployment and the percentage of residents with incomes below the poverty line are greater than the national average, and in which a majority of certain diseases and conditions occur at rates greater than the national average; and (2) "comprehensive community-based health access plan" as an entity that provides health care services on a prepaid, capitated basis, or any other risk basis, and that the Secretary of Health and Human Services has certified meets certain requirements. (Sec. 3) Amends title XIX (Medicaid) of the Social Security Act to require, among other things, that each Medicaid State plan provide that each comprehensive health access district located within the State is served by a comprehensive community-based health access district plan. (Sec. 4) Requires each Health Alliance or other health insurance purchasing cooperative created out of comprehensive health care reform legislation that receives premiums on behalf of persons formerly insured under Medicaid, and whose boundaries encompass a comprehensive health access district, to ensure that at least one comprehensive community-based health access plan is available to persons living in such district. (Sec. 5) Sets forth specified requirements for an entity to be certified as a comprehensive community-based health access plan. (Sec. 6) Requires the Secretary to designate a community a comprehensive health access district and to certify an entity as a comprehensive health access plan provided they meet certain criteria. (Sec. 7) Requires each health access plan, in order to evaluate its performance in improving the health status of persons living in comprehensive health access districts, to provide the Secretary with specified health-related information.
Bill· HRH.R. 354 (104th)referred
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Medical Savings Accounts Title II: Development and Distribution of Comparative Value Information Health Care Savings Plan Act of 1995 - Title I: Medical Savings Account - Amends the Internal Revenue Code to allow individuals a tax deduction for contributions made to a medical care savings account established for the benefit of an eligible individual. Defines an eligible individual as one who is: (1) not covered by an employer-provided group health plan; or (2) covered by such a plan which is a qualified catastrophic coverage health plan and is not covered by any other health plan. Allows penalty-free withdrawals from such accounts to the extent that amounts in such accounts exceed $15,000. Allows such deduction in arriving at adjusted gross income. Excludes employer contributions to such accounts from employment taxes. Establishes an excise tax for excess contributions to medical care savings accounts and makes such accounts subject to the tax on prohibited transactions. Allows the transfer of unused amounts in flexible spending accounts of cafeteria plans to medical savings accounts. Allows the full deduction for medical and dental expenses for amounts paid for qualified catastrophic coverage health plans. Title II: Development and Distribution of Comparative Value Information - Requires each State to develop and implement information programs regarding comparative health values for purchasers of health care. Makes grants available for the development of such programs. Requires Federal implementation of a program for any State that does not develop or continue to implement such a program. Requires the dissemination of comparative value information relative to Federal programs of health insurance and health care services. Requires the development of model systems to facilitate the gathering and analyzing of data on health care cost, quality, and outcome with respect to health insurance plans and hospitals. Authorizes appropriations.
Bill· HRH.R. 315 (104th)referred
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: State Welfare Reform Option Title II: Incentives for State Participation in Welfare Reform Title III: Policy Changes to Reward Work Title IV: Child Support Enforcement Work-First Welfare Reform Act of 1995 - Title I: State Welfare Reform Option - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act (SSA) to give States the option of developing a welfare reform plan containing a welfare-job development integration plan meeting specified requirements (including those requiring welfare recipient participation along with the State in one of two specified types of Empowerment Compacts with specific goals and timetables for each individual participant's attainment of self-sufficiency) for reorienting their welfare programs towards such overall goal for all welfare recipients who are capable of working. (Sec. 101) Provides for approval, implementation, and evaluation of welfare reform plans. Title II: Incentives for State Participation in Welfare Reform - Amends SSA title IV part A to provide for: (1) increased Federal payments to welfare reform States meeting specified requirements for the costs of operating programs under part F (Job Opportunities and Basic Skills Training Program) (JOBS); and (2) modification of the amount payable to individual welfare reform plan participants expecting a decrease in income over a certain period in States which have elected to adjust individual AFDC benefits quarterly. (Sec. 203) Authorizes the Secretary to make grants to States for purposes of developing welfare reform plans. Sets limits on the amount the Secretary may expend on such grants in any fiscal year through FY 2000. Title III: Policy Changes to Reward Work - Amends SSA title IV part A and the Internal Revenue Code to make various specified changes designed to reward work, including: (1) giving States the authority to establish enhanced earnings disregards for AFDC recipients and define unemployment for purposes of the AFDC-UP program; and (2) making the tax credit for dependent care expenses refundable, and requiring employers to make advance payments of such credit to their employees. (Sec. 304) Requires the Secretaries of Agriculture, of Health and Human Services, and of Labor to submit to the Congress an annual report on any State or Federal laws which may inhibit implementation of welfare reform plans. (Sec. 305) Directs the Secretary of Health and Human Services to establish the requirements to be followed by each State in developing and applying outcome measures and targets for assessing the effectiveness of the State's JOBS program. Amends SSA title IV part A to provide for a reduction in State JOBS funding for States which have not submitted for approval a plan for meeting such requirements. (Sec. 306) Directs the Comptroller General to submit to the Congress a methodology for determining the use of transitional child care and extended medical assistance under Medicaid. Makes various specified amendments to SSA title IV part A, including with regard to matters concerning transitional child care and certain student earnings and income. Title IV: Child Support Enforcement - Directs the Secretary to establish a Federal registry of child support orders issued or modified in a State for comparing information reported on an employee's W-4 form with information in the registry, and for notifying the appropriate State child support order registry established by this Act of the accuracy of the amount specified on the form as the employee's monthly child support obligation. (Sec. 402) Makes various specified amendments to SSA title IV part D (Child Support and Establishment of Paternity), including with regard to matters concerning: (1) expansion of the Federal Parent Locator Service; (2) development of a uniform child support withholding order; (3) State agency access to various data bases containing information with respect to absent parents; and (4) private access to State locate resources and enforcement services for purposes of establishing, modifying, and enforcing child support and parentage orders. (Sec. 403) Directs the Secretary of the Treasury to: (1) establish a national system for reporting copies of every employee's W-4 form to the appropriate State and Federal child support order registries; and (2) modify the W-4 form to enable the employee to indicate on it certain information related to child support and health care insurance for any dependent children. (Sec. 404) Amends the Internal Revenue Code to: (1) provide for the reconciliation of child support obligations and payments on income tax returns, with the full amount due by the end of the applicable tax year and subject to the same collection process and penalties applicable to back taxes; (2) provide for a tax credit for withholdings and payments in excess of applicable obligations; (3) require the Secretary to pay amounts collected to the appropriate State registry; and (4) require employers to include withheld obligations on the employee's W-2 form. (Sec. 407) Amends the Consumer Credit Protection Act to: (1) give debts relating to child support higher priority in a garnishment than other Federal debts when an individual's disposable earnings are not sufficient to pay both debts; and (2) prohibit employers from discharging employees with more than one indebtedness, if all but one of the debts arise from one or more orders for the support of a child. (Sec. 408) Amends SSA title IV part D to require States to enact the version of the Uniform Interstate Family Support Act adopted by the National Conference of Commissioners on Uniform State Laws in August 1992.
Bill· HRH.R. 352 (104th)referred
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Uniform Standards For Malpractice Claims Title II: Requirements For State Alternative Dispute Resolution Systems (ADR) Title III: Definitions Medical Malpractice Fairness Act - Title I: Uniform Standards for Malpractice Claims - Prohibits a health care malpractice action from being brought in any: (1) State court unless the claim that is the subject of the action has been initially resolved under an alternative dispute resolution (ADR) system certified by the Secretary of Health and Human Services (or, in the case of a State in which such a system is not in effect, under the alternative Federal system established under this Act); and (2) Federal court based on diversity of citizenship unless the claim has been initially resolved under the system that applied in the State whose law applies. Directs the Attorney General to establish an ADR process for the resolution of tort claims consisting of such claims brought against the United States. Prohibits an action based on such a claim from being brought in any Federal court unless the claim has been initially resolved under such process. (Sec. 103) Sets forth procedures for filing actions. (Sec. 104) Limits to $250,000 the total of noneconomic damages that may be awarded to a claimant and the claimant's family for losses resulting from the injury, regardless of the number of parties or actions brought with respect to the injury. Limits punitive awards against the manufacturer or seller of a medical product causing injury to twice the amount of other damages awarded with respect to such injury. Makes each defendant in such an action severally but not jointly liable. Directs that each defendant's fault be determined on the basis of the defendant's percentage of responsibility. (Sec. 105) Authorizes periodic payments for future economic losses in excess of $100,000. (Sec. 106) Requires the party contesting an ADR ruling to pay attorney's fees and certain other costs. (Sec. 107) Sets forth provisions regarding: (1) a uniform statute of limitations; (2) certain obstetric services; (3) the development and certification of specialty clinical practice guidelines; and (4) preemption. Title II: Requirements for State Alternative Dispute Resolution Systems (ADR) - Sets requirements for State ADR systems. Provides for the certification of State systems and the applicability of the alternative Federal system, as well as the treatment of States with an alternative system already in effect. (Sec. 203) Requires a report to the Congress describing and evaluating State ADR systems and the alternative Federal system. Title III: Definitions - Defines terms used in this Act.
Bill· HRH.R. 323 (104th)referred
United States · United States Congress · 4 January 1995
Health Care Savings Plan Act of 1995 - Title I: Medical Savings Account - Amends the Internal Revenue Code to allow individuals a tax deduction for a medical savings account established for the benefit of an eligible individual. Defines an eligible individual as: (1) one who is not covered by an employer-provided group health plan; or (2) one who is covered by such a plan which is a qualified catastrophic coverage health plan and is not covered by any other health plan. Allows penalty-free withdrawals from such accounts to the extent that amounts in such accounts exceed $15,000. Allows such deduction in arriving at adjusted gross income. Excludes employer contributions to such accounts from employment taxes. Establishes an excise tax for excess contributions to medical care savings accounts and makes such accounts subject to the tax on prohibited transactions. Allows the transfer of unused amounts in flexible spending accounts of cafeteria plans to medical savings accounts. Allows the full deduction for medical and dental expenses for amounts paid for qualified catastrophic coverage health plans.
Law· HRH.R. 248 (104th)enacted
United States · United States Congress · 4 January 1995
Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to carry out projects to reduce the incidence of traumatic brain injury through grants or contracts to public or nonprofit entities. Authorizes the following activities: (1) the conduct of research into identifying effective strategies for the prevention of traumatic brain injury; and (2) the implementation of public information and education programs for the prevention of such injury and for broadening the awareness of the public concerning the public health consequences of such injury. (Sec. 2) Requires the National Institutes of Health research program on trauma to include the authority to award grants or contracts to public or nonprofit entities for the conduct of basic and applied research regarding traumatic brain injury. (Sec. 3) Authorizes the Secretary to make grants to States for the purpose of carrying out demonstration projects to improve access to health and other services regarding traumatic brain injury. Permits the Secretary to make a grant only if the State agrees to establish an advisory board within the appropriate health department or another department of the State. Authorizes appropriations. (Sec. 4) Directs the Secretary to conduct: (1) a study concerning traumatic brain injuries; and (2) a national consensus conference on managing traumatic brain injury and related rehabilitation concerns. Authorizes appropriations.
Bill· HRH.R. 195 (104th)open
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Locate and Case Tracking Title II: Establishment Title III: Parentage Title IV: Enforcement Title V: Collection and Distribution Title VI: Federal Role Title VII: State Role Title VIII: Effective Date Interstate Child Support Enforcement Act - Title I: Locate and Case Tracking - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act (SSA) to allow the Federal Parent Locator System (FPLS) to be used for parentage establishment and child support and visitation enforcement if there are appropriate safeguards. (Sec. 102) Requires the Secretary of the Treasury to enter into an agreement to provide the Secretary of Health and Human Services (HHS) (Secretary) with access to quarterly estimated Federal income tax returns filed with the Internal Revenue Service (IRS). Requires that State agencies charged with child support enforcement maintain child support order registries and be allowed access to medical, financial, employment, and other specified data base information on absent parents. Expresses the sense of the Congress that the Secretary should investigate accessing certain Federal data banks not already linked with FPLS. (Sec. 103) Requires the Secretary to expand FPLS to provide State agencies and courts with a national locate and case tracking network. (Sec. 104) Requires that private attorneys and pro se obligees be allowed limited access to State locate information and enforcement techniques for purposes of establishing and enforcing child support and other orders if there are appropriate safeguards. (Sec. 105) Requires the heads of national and regional individual tracking systems to allow child support enforcement agencies access to their information. (Sec. 106) Requires that States: (1) broadcast failure-to-appear warrants, capiases, and bench warrants issued in parentage and child support proceedings over their crime information systems; and (2) remit any subsequent forfeiture to the child support obligee to the extent of any child support arrearage if a defendant posts security after being arrested. Title II: Establishment - Amends SSA title IV part D to set forth requirements for State laws on service of process and jurisdiction in child support and parentage actions. (Sec. 202) Provides for service of process on Federal employees and members of the armed forces relating to child support, alimony, and parentage obligations. (Sec. 203) Requires that parents' identification and locate information be filed with the State court adjudicating parentage and child support actions. Requires safeguards on such information where there is a court order for the physical protection of the child or one parent entered against the other parent. (Sec. 204) Requires State child support agencies to timely notify any individual owed child support of all hearings in which such support might be established, modified, or enforced, and promptly provide copies of any such orders. (Sec. 205) Requires States to allow parties seeking both parentage and child support establishment in a judicial proceeding to bring a joint action in a single cause of action. Sets forth guidelines for uniform State procedures regarding jurisdiction and venue. (Sec. 206) Amends the Consumer Credit Protection Act (CCPA) to allow appropriate State agencies to obtain from credit reporting agencies information relevant to the setting of a child support award without having to obtain a court order. (Sec. 207) Creates a National Child Support Guidelines Commission to study and report to the President and the Congress on national child support guidelines, and to develop such guidelines for congressional consideration if advisable. (Sec. 208) Amends SSA title IV part D to specify principles to be included in State child support guidelines. (Sec. 209) Requires States to provide for continuation of a parental child support obligation until a child's marriage, emancipation by a court, or the later of a child's 18th birthday or graduation from high school, except in cases of disabilities arising during childhood or where a court has ordered support payable to an adult child in college. (Sec. 210) Requires the new Assistant Secretary directing the Office of Child Support Enforcement (OCSE) (designated under title VI of this Act) to: (1) draft and distribute a national subpoena duces tecum for use by child support agencies and others to obtain employee income information; and (2) develop a uniform abstract of a child support order for State court use. (Sec. 212) Requires States to: (1) list on marriage licenses the applicants' social security numbers; and (2) use procedures that require individuals who have been issued subpoenas to produce and deliver documents to or to appear at a court or administrative agency on a certain date. Title III: Parentage - Amends SSA title IV part D to: (1) require States to provide for hospital-based paternity outreach programs and adopt specified procedures related to paternity establishment; and (2) provide for 90 percent Federal matching for such programs. Title IV: Enforcement - Amends SSA title IV part D to: (1) revise anti-assignment provisions to allow child support to be withheld from certain Federal benefit payments; and (2) require procedures for State verification of W-4 form information on outstanding child support obligations and imposition of monetary penalties for failures involving W-4 form reporting and subsequent employer withholding of child support obligations. (Sec. 402) Requires: (1) the Secretary of the Treasury to modify the W-4 form completed by new employees to include information on outstanding child support obligations; and (2) employers to provide a copy of such form to the appropriate State child support enforcement agency. Amends the Internal Revenue Code (IRC) to require employers to withhold from employee wages amounts owed for child support. (Sec. 403) Requires States to mandate that any individual or entity engaged in commerce, in that State, to honor income withholding notices or orders issued by a court or State agency, and to maintain records of payroll deductions for child support obligations. (Sec. 404) Specifies the priority for applying proceeds withheld from income for current and past due child support obligations and health insurance for dependent children. (Sec. 405) Allows workers' compensation income to be subject to income withholding. (Sec. 406) Amends CCPA to preempt State laws that prohibit or restrict garnishments to secure support for any person. Accords Federal debts a lower priority than child support debts when the obligor's disposable income cannot satisfy both debts through withholding. Prohibits employers from discharging any employee whose earnings are subject to garnishment for additional indebtedness arising from a child support order. (Sec. 407) Requires States to: (1) provide that the election of remedies prohibition does not apply in child support cases; (2) refuse to issue or renew professional and business licenses of noncustodial parents subject to outstanding failure-to-appear warrants; (3) prohibit motor vehicle departments from issuing or renewing the driver's licenses of any such parent; (4) authorize post-judgment bank account seizure, without a separate court order, to collect overdue child support payments; (5) impose liens against lottery or gambler's winnings, insurance settlements or policy payouts, court awards, judgments, or settlements, and property seized in forfeiture cases to collect such payments; (6) void fraudulent conveyances of property made to avoid paying child support; (7) allow the posting of a cash bond, security deposit, or personal undertaking to provide for timely child support payments in cases not involving absent parents; (8) authorize attachment of a child support obligor's retirement investment funds, without a separate court order, to collect overdue child support payments; (9) enact laws that provide for criminal penalties for non-support; (10) permit enforcement of any child support order until at least the child's 30th birthday; (11) assess and collect interest on all child support judgments; (12) provide for health care insurance for the child; and (13) adopt without material change the officially approved version of the Uniform Interstate Family Support Act. (Sec. 408) Prohibits States and the Federal Government from issuing or renewing professional and business licenses of individuals delinquent in making child support payments until the license hold is released. (Sec. 413) Expresses the sense of the Congress that the IRS Commissioner should instruct IRS field officers and agents to give a high priority to requests for the use of full collection in delinquent child support cases. Requires the Secretary of Treasury to simplify the full collection process and reduce the amount of child support arrearage needed before an individual may apply for full collection. (Sec. 415) Permits Federal and State tax refund procedures to be used by non-AFDC (Aid to Families with Dependent Children) (SSA title IV part A) recipients to collect past-due child support regardless of the child's age. (Sec. 422) Amends the Federal bankruptcy code to provide that a petition in bankruptcy does not operate as an automatic stay with respect to an action or proceeding against the debtor to: (1) establish parentage; or (2) establish, modify or enforce a judicial order for child support. Mandates that a debt for child support be included within the contents of specified bankruptcy reorganization plans. Permits child support creditors to appear in any court, without charge, and without meeting special local court requirements for attorney appearances. Declares that nondischargeable debts to a child for maintenance or support include State public debts and assigned child support. (Sec. 422) Sets forth requirements pertaining to parentage establishment and child support payments in the armed forces. Title V: Collection and Distribution - (Sec. 501) Amends SSA title IV part D to: (1) set priorities for State distribution of child support collections; (2) require States to limit claims against noncustodial parents for reimbursement of a child's portion of AFDC to the amount specified under a child support order; (3) allow States to assess charges above the application fee for non-AFDC child support services against persons other than custodial parents; and (4) require States to provide either one central statewide child support collection and disbursement point or several local or regional points throughout the State. (Sec. 501) Authorizes the Comptroller General to analyze the existing child support distribution system and authorize, under certain circumstances, pilot projects for the distribution of arrearages in a specified manner. Amends the IRC to revise the Federal income tax refund offset mechanism. Title VI: Federal Role - Amends SSA title IV part D to: (1) designate the separate organizational unit charged under current law with various child support and parentage responsibilities as the OCSE; and (2) change OCSE's organizational structure. (Sec. 602) Requires the new OCSE Assistant Secretary to provide training assistance to the States and study staffing at State child support enforcement programs. (Sec. 602) Requires States to provide for training for child support personnel. (Sec. 604) Requires the Comptroller General to study and report to the Congress on the incentive formula operating with respect to State child support agencies. (Sec. 605) Defines "child support" to include periodic and lump sum payments for current and past-due economic support, payments of premiums for health insurance for children, payments for or provision of child care, and payments for educational services. (Sec. 606) Requires the Secretary to: (1) contract for a study of, and report to the Congress on, the OCSE audit process to improve the criteria and methodology for auditing State child support enforcement agencies; and (2) make grants to provide for demonstration projects for the purpose of establishing or improving a system of assured minimum child support payments. Authorizes appropriations. Title VII: State Role - Amends SSA title IV part D to prohibit States from denying establishment, enforcement, or modification services to applicants because of nonresidency. (Sec. 702) Requires States to: (1) promote the greatest economic security possible for children, within the obligor's ability to pay; (2) provide custodial parents with certain information; and (3) allow administrative changes in child support payees without a court hearing or order. (Sec. 704) Expresses the sense of the Congress that State and local child support enforcement agencies should provide: (1) offices in easily accessible locations near public transportation; (2) office hours that allow parents to meet with attorneys and caseworkers without taking time off work; and (3) office environments suitable for discussion of matters in privacy. Title VIII: Effective Date - Sets forth the effective date of this Act.
Bill· HRH.R. 39 (104th)referred
United States · United States Congress · 4 January 1995
Fishery Conservation and Management Amendments of 1995 - Amends the Magnuson Fishery Conservation and Management Act to make it U.S. policy to encourage development of practical measures that minimize bycatch. (Sec. 5) Authorizes the Secretary of Commerce to issue transshipment permits to foreign vessels engaged in fishing consisting solely of transporting fish products at sea from a point within the boundaries of any State or the exclusive economic zone to a point outside the United States to any approved applicant who pays a certain fee. Declares that the Congress finds that sufficient U.S. harvesting capacity exists and will continue to exist at least through 1999 in the Atlantic herring and Atlantic mackerel fisheries so that no surplus exists in those fisheries under the United Nations Convention on the Law of the Sea. Prohibits any allocation of such herring or mackerel before March 17, 1999. Extends the period for congressional review of a governing international fishing agreement from 60 calendar days of continuous session of the Congress to 120 calendar days (excluding any days in a period for which the Congress is adjourned sine die) after the date the President transmits it to the Congress. (Sec. 6) Requires the Secretary to submit to specified congressional committees an annual list of nations that authorize large-scale drift net fishing beyond the exclusive economic zone of any nation in a manner that diminishes the effectiveness of, or is inconsistent with, any international agreement governing large-scale driftnet fishing to which the United States is a party. (Sec. 7) Sets as a national standard for fishery management plans that fishery conservation and management measures, to the extent practicable, minimize bycatch. (Sec. 8) Revises provisions governing the operations of the Regional Fishery Management Councils (Council), including: (1) Council notification of any State or Federal agency whose activities may have a detrimental effect on an essential fishery habitat; and (2) rules prohibiting voting by any Council member on a matter involving a financial conflict-of-interest. (Sec. 9) Revises mandatory contents of fishery management plans with respect to essential fishery habitat, overfishing, and minimized bycatch, as well as discretionary contents on the effect of conservation and management measures on stocks of non-fishery fish in the fishery ecosystem and on reservation of part of the total allowable catch for fishery dependent communities. (Sec. 10) Requires the Secretary to establish a plan development team for each highly migratory species fishery to advise the Secretary on and participate in the development of each fishery management plan or amendment. Makes permanent the program to assess the impact on fishery resources of incidental harvest by the shrimp trawl fishery. Requires the Secretary to identify the essential fishery habitat for each fishery that has a fishery management plan. Requires the Secretary at any time that overfishing is found to be occurring in any fishery to: (1) immediately notify the appropriate Council; (2) request that action be taken to halt the overfishing; and (3) establish a program to rebuild the fishery in a reasonable time. Requires the Secretary, after receiving a covered implementing regulation from a Council, to immediately: (1) review the regulation to determine whether it is consistent with the fishery management plan, the national standards, this Act, and any other applicable law; and (2) publish it in the Federal Register and provide a 30-day period for public comments. Requires the Secretary to provide the Council an explanation of his or her decision on whether to publish a final regulation. (Sec. 11) Increases from 90 days to 180 days (with one additional 180 day period) the time period that emergency regulations which change any existing fishery management plan or amendment shall remain in effect. Authorizes the Secretary to promulgate such regulations to protect the public health. (Sec. 12) Authorizes a foreign fishing vessel to engage in fish processing within the internal waters of a State if, among other things, the owner or operator of the vessel submits to the appropriate Council periodic reports on the tonnage of fish received from U.S. vessels and the locations from which such fish were harvested. (Sec. 13) Makes it unlawful for any person to knowingly and willfully fail to disclose or to falsely disclose any financial interest or to knowingly violate a rule under this Act as a member of the Council. Makes it unlawful for foreign vessels to engage in fishing consisting of transporting fish products from a point within the boundaries of a State or the exclusive economic zone or the special areas unless specifically authorized. (Sec. 14) Requires the North Pacific Fishery Management Council to recommend for each fishery management plan conservation and management measures, including incentives, to: (1) reduce bycatch in each fishery; and (2) ensure total catch measurement in such fishery. (Sec. 15) Prohibits an observer that is ill, disabled, injured, or killed from service on a vessel from bringing a civil action against the vessel owner, except in cases of the owner's willful misconduct. Declares that such prohibition shall not apply if the observer is engaged by the vessel owner to perform any duties in service to the vessel. (Sec. 16) Authorizes appropriations.
Bill· HRH.R. 42 (104th)open
United States · United States Congress · 4 January 1995
Ryan White CARE Reauthorization Act of 1995 - Amends the Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (title XXVI of the Public Health Service Act) to limit the grant program for emergency relief for areas with substantial need for services to eligible areas with a population of at least 500,000 individuals. Requires an HIV health services planning council (which advises on the distribution of such grants) to be reflective of the demographics of the human immunodeficiency virus (HIV) epidemic in an eligible area, with particular consideration given to disproportionately affected and historically underserved groups. Revises the method of distributing such grants and extends authorized appropriations for them until FY 2000. Revises the care grant program that makes funds available for individuals and families with the HIV disease. Authorizes the award of supplemental grants to eligible entities to enhance community-based care, treatment, and supportive services through the development and operation of consortia and innovative approaches. Extends authorized appropriations for such grant program through FY 2000. Requires the establishment of grievance procedures to address allegations of egregious violations of title XXVI of the Public Health Service Act. Directs the Secretary of Health and Human Services to coordinate the planning and implementation of Federal HIV programs to facilitate the development of a complete continuum of HIV-related services for individuals with HIV disease and those at risk of such disease. Extends authorized appropriations for early intervention services until FY 2000. Extends authorized appropriations until FY 2000 for grants for coordinated services and access to research for children, youth, women, and families (formerly known as demonstration grants for research and services for pediatric patients regarding acquired immune deficiency syndrome). Makes appropriations available for special projects of national significance program to award direct grants to public and nonprofit private entities to fund special programs for the care and treatment of individuals with HIV disease.
Bill· HRH.R. 153 (104th)open
United States · United States Congress · 4 January 1995
Quality Assurance in Drug Testing Act - Amends the Public Health Service Act to prohibit performing toxicological analysis in connection with a drug testing program unless the laboratory performing the analysis is certified under this Act. Directs the Secretary of Health and Human Services to establish a program for certifying laboratories for performing drug tests. Requires an employer, as a condition of maintaining a drug testing program, to establish a written anti-drug abuse policy and a drug-free awareness program. Declares that nothing in this Act prohibits an employer from requiring a drug test of applicants and, in certain circumstances, employees. Sets forth certain employee protections. Declares that nothing in this Act prohibits an employer from taking action necessary, including termination, in certain circumstances. Sets forth procedures for employee complaints of unlawful discharge or discrimination.
Bill· HRH.R. 53 (104th)open
United States · United States Congress · 4 January 1995
Public Health Pesticides Protection Act of 1995 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to direct the Administrator of the Environmental Protection Agency to consider the risks and benefits of public health pesticides separately from the risks and benefits of other pesticides. Requires the Administrator, in weighing any regulatory action concerning a public health pesticide, to weigh any risks of the pesticide against the health risks to be controlled by the pesticide. Defines: (1) a "public health pesticide" as a minor use pesticide registered for use and used predominantly in public health programs for vector control or other health protection uses; and (2) "vector" as any animal capable of transmitting the causative agent of human disease or of producing human discomfort or injury. Exempts from reregistration fees public health pesticides of which more than 50 percent of usage (or at least 50 percent in the case of certain end use products) is devoted to the promotion of public health. Provides for expedited processing and review of pesticide applications that propose the initial or amended registration of an end use pesticide that, if registered as proposed, would be used as a public health pesticide. Provides for review by the Secretary of Health and Human Services of registrations of public health pesticides proposed for cancellation. Directs the Administrator to identify pests of significant public health importance and to implement programs to improve and facilitate the safe use of methods to combat such pests. Requires the Administrator to consult with the Secretary prior to taking final action to suspend or cancel a registration. Directs the Administrator to determine whether the potential benefits of continued use of a pesticide for public health purposes are of such significance as to warrant studies to support continued registration. Requires the Secretary to make arrangements for the conduct of studies and submission of data. Authorizes appropriations.
Bill· HRH.R. 23 (104th)referred
United States · United States Congress · 4 January 1995
Comprehensive Preventive Health and Promotion Act of 1995 - Mandates establishment and annual revision of a schedule of recommended preventive health care services (preventive services). Requires each carrier and employer health benefit plan to include coverage for the preventive services. Amends the Internal Revenue Code to impose a tax on the failure of a carrier or an employer plan to comply. Amends title XVIII (Medicare) of the Social Security Act to include the preventive services in the definition of "medical and other health services." Amends title XIX (Medicaid) of the Social Security Act to mandate Medicaid coverage of the preventive services and, in some circumstances, for: (1) home and community care for functionally disabled elderly individuals; and (2) community supported living arrangements services. Amends Federal law relating to health care services for veterans to include the preventive services under this Act in the definition of "medical services." Regulates provision of the preventive services on an outpatient basis. Amends Federal law relating to health insurance for Federal employees to add the preventive services to the list of benefits which may be provided under service or indemnity benefit plans. Amends Federal law relating to medical care for dependents of members of the uniformed services to add coverage of the preventive services. Mandates: (1) grants to counties for a project to demonstrate the effectiveness of providing preventive services to improve and reduce health costs; (2) dissemination of information on the benefits of practicing preventive care; (3) grants to employers to establish and conduct on-site workshops on health care promotion for employees; and (4) a program of on-site workshops on health care promotion for Federal employees.
Bill· HRH.R. 249 (104th)referred
United States · United States Congress · 4 January 1995
Amends title XVIII (Medicare) of the Social Security Act, as amended by the Social Security Act Amendments of 1994, to provide for coverage of drugs approved by the Food and Drug Administration for the treatment of individuals with multiple sclerosis.
Bill· HRH.R. 237 (104th)referred
United States · United States Congress · 4 January 1995
Prohibits the use of funds appropriated by the Congress to perform abortions except where the life of the mother would be endangered if the fetus were carried to term.
Bill· HRH.R. 229 (104th)referred
United States · United States Congress · 4 January 1995
Medical Injury Compensation Reform Act of 1995 - Makes this Act applicable, with exceptions, to: (1) any medical malpractice liability claim and action brought in State or Federal court; and (2) claims accruing or actions brought after three years after enactment of this Act. Specifies that nothing in this Act shall be construed to establish jurisdiction in U.S. district courts over medical malpractice liability actions on Federal question grounds. Prohibits a medical malpractice liability claim from being brought more than two years after the date the alleged injury should reasonably have been discovered, but in no event after four years after the alleged injury occurred, with an exception for minors. Sets forth provisions regarding: (1) attorney's fees (including limitations on contingency fees); (2) calculation and payment of damages (including limitations on noneconomic damages, periodic payments for future losses, and mandatory offsets for damages paid by a collateral source); (3) notice requirements; (4) injunctive relief; and (5) preemption. Permits State professional societies to participate in disciplinary activities.
Bill· HRH.R. 226 (104th)referred
United States · United States Congress · 4 January 1995
Safe Drinking Water Act Amendments of 1994 - Amends the Safe Drinking Water Act (SDWA) to direct the Administrator of the Environmental Protection Agency (EPA) to publish a proposed list of at least 15 contaminants that may occur in public water systems and that are not currently subject to regulation. Provides for proposed lists of at least 12 additional contaminants every four years. (Current law requires EPA to regulate 25 contaminants every three years.) Authorizes a waiver of the requirement to select an additional 12 contaminants after 2010 if the Administrator determines that the number of unregulated contaminants meeting criteria is fewer than 12. (Sec. 3) Directs the Administrator, in selecting unregulated contaminants, to select those that present the greatest public health concern, taking into consideration effects upon subgroups of the population that are at greater health risk. Bases the determination to regulate a contaminant on findings that: (1) the contaminant is known to occur in public water systems; (2) the contaminant occurs in concentrations which may have adverse health effects; and (3) regulation of the contaminant presents an opportunity to reduce health risks. Requires the Administrator to promulgate maximum contaminant level goals (MCLGs) and national primary drinking water regulations for contaminants to be regulated. Authorizes the Administrator to publish health advisories or take other actions for contaminants not subject to regulations. Directs the Administrator, as part of a study of health effects of contaminants for regulatory purposes, to examine methods for identifying subpopulations that may be impacted by such contaminants. Authorizes appropriations. Requires the Administrator to publish an MCLG and a national primary drinking water regulation for cryptosporidium for public water systems serving 10,000 persons or more. Authorizes States with primary enforcement responsibility for public water systems (primacy) to establish alternatives to filtration requirements for systems having uninhabited, undeveloped watersheds in consolidated ownership and access to, and activities in, such watersheds if the public health will be protected by such alternatives. Terminates such authority three years after this Act's enactment. Removes a provision requiring national primary drinking water regulations to take effect 18 months after promulgation. Directs States with primacy to adopt corresponding State regulations. Requires compliance within 36 months of promulgation unless additional time is necessary for capital improvements. (Sec. 4) Directs the Administrator, for any national primary drinking water regulation proposed and promulgated after this Act's enactment, to consider, in the case of nonthreshold contaminants, the likely incremental compliance costs and the incremental public health risk reduction benefits afforded by alternative levels. Permits such cost and benefit consideration for threshold contaminants. Makes such consideration inapplicable to the first promulgation or initial revision after such enactment date with respect to regulations for: (1) contaminants covered by proposed regulations for radionuclides; (2) sulfate; and (3) contaminants covered by specified proposed negotiated rules on disinfectants and disinfection by-products and enhanced surface water treatment (bars such consideration for promulgation of second stage regulations of such contaminants as well). Applies cost and benefit consideration to contaminants regulated prior to this Act's enactment date or subsequent revisions of regulations for those contaminants initially exempted by this section only if changes in technology, treatment techniques, or other means permit greater protection of health. Authorizes the Administrator, if greater protection is not achievable, to initiate a new rulemaking or retain existing regulations. Requires the Administrator to promulgate a national primary drinking water regulation for radon. Provides for the review of national primary drinking water regulations at least once every five (currently, three) years. (Sec. 5) Requires the Administrator, concurrently with the promulgation of a national primary drinking water regulation establishing: (1) a maximum contaminant level (MCL), to promulgate a listing of the best technology or other means available for achieving compliance for large water systems and for systems serving between 3,300 and 10,000 persons and 3,300 or fewer, respectively; and (2) a treatment technique for a contaminant, to promulgate a listing of such technology for achieving a level of protection of public health equivalent to that provided by treatment for large systems and systems in such size ranges. (Sec. 6) Expands the list of requirements States must meet to maintain primacy to require States to take measures to protect the distribution system from contamination due to leakage from sewage lines. Directs the Administrator to promulgate a regulation to govern the recycling of filter backwash water within the treatment process of a public water system. (Sec. 7) Adds to the list of requirements a State must meet to maintain primacy that a State implements requirements for the certification of laboratories conducting tests and for operators of community and nontransient noncommunity public water systems. Requires the Administrator to promulgate regulations specifying minimum standards for certification programs. (Sec. 10) Grants variances from best technology requirements to allow systems serving 3,300 persons or fewer to use best available affordable technology (BAAT) under certain conditions. Limits such variances to five years but provides for renewals under certain conditions. Prohibits variances for microbiological contaminants. (Sec. 11) Sets the maximum exemption period for public water systems serving fewer than 3,300 persons at four years if the State has primacy and determines that: (1) the system cannot meet the MCL or install BAAT due to compelling economic or other circumstances; (2) the system could not comply with the MCL through the use of alternate water supplies; (3) the granting of the exemption will provide a drinking water supply that protects public health; and (4) the State has examined the capability of the system to comply and determined if management or restructuring changes can be made that will result in compliance or improve water quality. Provides for renewals under certain conditions. Prohibits exemptions for microbiological contaminants. (Sec. 12) Directs the Administrator to issue guidelines for State programs to bring systems into, and to maintain, compliance. Provides for State programs to assure viability of public water systems. Sets forth restrictions on funding to small systems that have a history of monitoring violations. Bars financial assistance to any system established after this Act's enactment date unless the State has an effective operating permit program or means to ensure that the system has the management and technical capacity and financial capability to maintain compliance. Requires States to establish programs for assessing the long-term technical, managerial, and financial capability of community and nontransient noncommunity systems serving fewer than 10,000 persons that are in violation of requirements or in jeopardy of noncompliance. Restricts State revolving fund (SRF) assistance to States that fail to implement viability assessments or programs. (Sec. 13) Directs the Administrator to publish guidance for States with primacy for public water systems to carry out source water assessment programs. Makes systems eligible for monitoring relief upon completion of assessments in delineated areas. Requires the Administrator to conduct a demonstration project to demonstrate the most effective and protective means of assessing and protecting source waters serving large metropolitan areas and located on Federal lands. Directs States to submit source water petition programs to the Administrator. Authorizes such petitions to request States to assist in, or redirect resources to, addressing the origins of contaminants that are not adequately addressed by the wellhead protection or other programs. (Sec. 14) Authorizes States with primacy to modify the monitoring requirements for regulated chemical pesticide contaminants, polychlorinated biphenyls, dioxin, and certain unregulated Phase II and V contaminants for public water systems serving fewer than 3,300 persons during an interim relief period if: (1) monitoring for a contaminant fails to detect its presence in groundwater or surface water supplying the systems; and (2) the State determines that the contaminant is unlikely to be detected by further monitoring. Terminates interim monitoring relief when permanent monitoring relief is approved or 36 months after this Act's enactment, whichever comes first. Authorizes States with primacy that have approved wellhead protection and source assessment programs to adopt tailored alternative monitoring requirements for systems where such monitoring would comply with the Administrator's guidelines. Requires such programs to be adequate to assure compliance with, and enforcement of, national primary drinking water regulations. Makes alternative monitoring inapplicable to regulated microbiological contaminants, disinfectants and disinfection by-products, or corrosion by-products. Directs the Administrator to issue guidelines for States to follow in proposing alternative requirements to the standardized monitoring framework for chemical contaminants. Requires alternative monitoring programs to apply on a contaminant-by-contaminant basis and provides that systems must show that a contaminant is not present in the water supply or, if present, it is below the MCL. (Sec. 15) Makes Federal agencies owning or operating facilities in wellhead protection areas, engaged in activities that may result in the contamination of water supplies, or owning or operating any public water system subject to Federal, State, interstate, and local requirements to the same extent such requirements apply to others. Waives immunity otherwise applicable to the United States with respect to substantive or procedural requirements. Absolves Federal employees of liability for civil penalties in connection with acts or omissions related to such requirements, but subjects them to criminal sanctions. Exempts Federal agencies from criminal sanctions. Authorizes the President to exempt any Federal agency in the executive branch from compliance with a requirement. Requires all funds collected by a State from penalties from the Federal Government to be used only for projects to improve or protect the environment or to defray the costs of environmental protection or enforcement unless a State law requires the funds to be used differently. (Sec. 16) Increases the maximum penalty for failures to comply with orders issued in response to emergency situations where contaminants pose an imminent and substantial endangerment to public health. (Sec. 17) Imposes penalties on system owners or operators who fail to report violations of MCLs or treatment techniques. (Sec. 18) Requires the Administrator to enter into agreements with States to make capitalization grants to be deposited in State drinking water treatment revolving funds. Permits such funds to be used only for providing financial assistance to public water systems for expenditures that will facilitate compliance with national primary drinking water regulations. Allocates 15 percent of amounts in such funds solely for loan assistance to systems which regularly serve fewer than 10,000 persons. Permits assistance to systems not owned by governmental agencies, nonprofit organizations, or Indian tribes based on public health and financial needs and repayment ability. Sets forth requirements for agreements, including that no financial assistance will be provided to a public water system if expenses could be avoided or significantly reduced by consolidation of such system with another system. Authorizes the Administrator to make grants for public water system expenditures to Indian tribes and Alaskan Native villages which are ineligible for funding under this section. Requires the Administrator to make allotments for the District of Columbia and specified U.S. territories for public water systems. Authorizes the State of Virginia to demonstrate alternative approaches to intergovernmental coordination to assist in the financing of new drinking water facilities in specified rural communities in southwestern Virginia that are experiencing economic hardship. Authorizes appropriations. Authorizes the Administrator to provide technical assistance to small systems to enable such systems to maintain compliance with national primary drinking water regulations. Authorizes appropriations. Extends the authorization of appropriations for grants for State public water system supervision programs. (Sec. 20) Requires the Administrator to review and revise the list of unregulated contaminants for which monitoring is required every five years. Limits such list to a maximum of 40 contaminants. (Sec. 21) Directs the Administrator to maintain a national drinking water occurrence data base, using monitoring data on the occurrence of both regulated and unregulated contaminants in public water systems. (Sec. 22) Provides that failure of a State to abide by a guideline shall not be a basis for the State's loss of primacy. Authorizes the Administrator to reduce grants otherwise available to a State under the SRF program if the State fails to abide by a guideline. (Sec. 23) Authorizes administrative penalties for specified violations. (Sec. 24) Directs the Administrator to issue guidelines to assist systems in assessing the conditions to return water from a system used for heat pumps and similar devices to the distribution system of the public water system. (Sec. 25) Requires the Administrator to publish guidelines for water conservation plans for systems serving fewer than 3,300 persons, between 3,300 and 10,000 persons, and more than 10,000 persons. Permits States with primacy to require public water systems to submit water conservation plans as a condition of receiving grants or loans. (Sec. 26) Directs the Administrator to promulgate regulations containing a health effects based performance standard establishing minimal leaching levels of lead from new submersible pumps anticipated to be used in domestic water wells. Applies such standard to new pumps manufactured for, or first introduced into, interstate commerce after the effective date of the regulation. Sets a minimum standard that shall not allow lead concentration in drinking water to increase by more than 15 parts per billion when in prolonged contact with the pump. Waives such regulation requirement if pumps are anticipated to comply with voluntary standards that are at least as protective. Requires the Administrator to determine whether new submersible pumps which convey drinking water and contain brass alloys containing at least .2 percent lead are being manufactured for, or first introduced into, interstate commerce. Prohibits the Administrator from promulgating regulations under this section if such pumps are not being manufactured or introduced into interstate commerce. Directs the Administrator to determine if: (1) voluntary standards for new plumbing fittings manufactured for or introduced into interstate commerce which convey drinking water have been developed that are at least as protective of human health so as not to cause lead concentration in drinking water to increase by more than 15 parts per billion when in prolonged contact with the fitting; and (2) such fittings can be anticipated to comply with such standards within five years of enactment. Requires the Administrator to promulgate a health effects based performance standard establishing minimal leaching levels from such fittings if such voluntary standards have not been developed. Imposes penalties upon persons who manufacture such pumps or plumbing fittings or introduce them into interstate commerce in violation of such requirements. Requires the Federal Trade Commission to: (1) conduct an investigation into the veracity of claims that devices manufactured, sold, or distributed in commerce for use in single and multi-family residences will improve the quality of drinking water or eliminate or reduce the level of drinking water contaminants; and (2) take action to ensure that such claims are consistent with the Federal Trade Commission Act. (Sec. 27) Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services, after the Administrator promulgates a national primary drinking water regulation for a contaminant, to issue a regulation for that contaminant in bottled water or make a finding that a regulation is not necessary to protect the public health because the contaminant is not present in bottled water. Requires the relevant MCL or treatment technique for the contaminant in bottled water to be as stringent or protective as that for the contaminant in drinking water systems. Makes the drinking water regulation the standard for bottled water if the Secretary fails to establish a regulation. (Sec. 28) Directs the Administrator to: (1) enter into an agreement with the National Academy of Sciences to conduct a study of the human health effects of arsenic, subject to the availability of appropriations; and (2) promulgate a national primary drinking water regulation for arsenic. (Sec. 31) Authorizes appropriations to carry out the SDWA for eight fiscal years.
Bill· HRH.R. 222 (104th)referred
United States · United States Congress · 4 January 1995
Prohibits the Secretary of Health and Human Services from finding that a State Medicaid plan fails to meet Medicaid requirements solely because it does not cover abortions for pregnancies resulting from rape or incest if coverage for such an abortion is inconsistent with State law.
Bill· HRH.R. 228 (104th)referred
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Community Participation and Human Health Title II: State Roles Title III: Voluntary Response Title IV: Liability and Allocation Title V: Remedy Selection and Cleanup Standards Title VI: Miscellaneous Title VII: Funding Title VIII: Environmental Insurance Resolution Fund Title IX: Taxes Subtitle A: Environmental Insurance Resolution Taxes and Trust Fund Subtitle B: 5-Year Extension of Hazardous Substance Superfund Subtitle C: Report by Environmental Protection Agency Superfund Reform Act of 1995 - Title I: Community Participation and Human Health - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA or Superfund) to authorize the Administrator of the Environmental Protection Agency (EPA) to make technical assistance grants available to any group of individuals who may be affected by the release or threatened release of hazardous substances or pollutants at any facility on the State Registry or National Priorities List (NPL). (Sec. 101) Requires the President to provide for public participation in significant phases of response activities under CERCLA. Makes all nonprivileged information available to the public throughout all phases of the response action. Directs the President to ensure that the presentation of information on risk is unbiased and informative. (Sec. 102) Requires the President to provide the opportunity for the establishment of a representative public forum, known as a Community Working Group (CWG), to achieve direct, regular, and meaningful consultation with all interested parties throughout all stages of a response action whenever: (1) the President determines such a group will be helpful; or (2) 50 citizens, or at least 20 percent of the population of a locality in which the NPL facility is located, petition for a CWG to be established. Authorizes CWGs to offer recommendations on the anticipated future use of land at an affected facility prior to the selection of a remedy. Establishes a Citizen Information and Access Office within each State to provide information regarding State Registry and NPL sites, citizens' rights, facility records and health data, public meetings, removal and remedial actions, and outreach activities. Authorizes Indian tribes to petition the Administrator to form a body equivalent to such Office. Directs the Administrator to submit a biennial Environmental Justice Study to the Congress. (Sec. 103) Requires the President, in setting priorities for taking remedial action, to: (1) group facilities together, even if they are not adjacent, and score them as a single facility where more than one facility on the State Registry results in hazardous substances exposures to the same population; (2) take into account the use of land or waterways for subsistence, religious, or cultural practices where such use results in additional exposures, in placing facilities on the NPL; (3) conduct interviews with persons affected by the facility and solicit their input in the hazard ranking system evaluation; and (4) place highest priority on facilities with releases of hazardous substances which result in actual ongoing human exposures at levels resulting in demonstrated adverse health effects as identified in specified health assessments. Authorizes the President to take into account any history of exposure to hazardous substances in the community regardless of the source of exposure, in placing facilities on the NPL. Requires the Administrator to: (1) evaluate major urban areas and other areas where environmental justice concerns may warrant special attention; and (2) identify five facilities in each EPA region that are, or should be, on the State Registry and that are likely to warrant inclusion on the NPL. Accords such facilities a priority in evaluation for NPL listing and scoring. (Sec. 109) Requires the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. (Sec. 110) Authorizes the ATSDR Administrator to provide grant or contract assistance to individuals who may be affected by releases or threatened releases when: (1) a public health assessment is conducted at a facility on the NPL; or (2) a release is being evaluated for inclusion on the NPL. Authorizes the ATSDR Administrator, pursuant to such grants or contracts, to provide for health services to communities affected by the release of hazardous substances. (Sec. 113) Permits the EPA Administrator to carry out a demonstration program to assist in the recruitment and training of individuals from areas affected by NPL facilities for employment in remediation activities. Encourages parties conducting response actions under CERCLA to have their contractors train minorities and other disadvantaged persons from the affected community in remediation skills. Title II: State Roles - Authorizes States, pursuant to contracts or cooperative agreements, to apply to the Administrator to take or require: (1) preremedial actions at any non-federally owned or operated facility that is not listed on the NPL; or (2) response actions at non-federally owned or operated NPL facilities or removal actions at any facility proposed for listing on the NPL. Sets forth requirements for State enforcement and allocation of liability. (Sec. 202) Prohibits funding to States for response actions, except for emergency removal actions, unless the affected State provides assurances that it will pay 15 percent of the cost of the action or funding and will assure oversight of any operation and maintenance of response actions. (Sec. 206) Directs the Administrator to study the feasibility of authorizing States to use their own laws to carry out CERCLA in lieu of the Federal program under such Act. (Sec. 207) Authorizes States to apply to the Administrator to exercise the Administrator's authorities with respect to response actions at Federal facilities. Bases approval of transfer of authorities in part on a State's hazardous waste program authorization under the Solid Waste Disposal Act. Continues the existing limitations on transfers of authority from the Administrator to any other person under provisions regarding Federal facilities. Title III: Voluntary Response - Directs the Administrator to establish a program to provide assistance to States to establish and expand voluntary response programs. (Sec. 301) Provides that no portion of a facility subject to a response action plan under a qualified State program shall be proposed for listing on the NPL so long as substantial and continual response activities are being undertaken to complete the response action in a timely fashion. Directs the Administrator to promulgate regulations describing circumstances in which States with qualified programs and the authority to issue permits under Federal environmental statutes may waive permit requirements with respect to approved voluntary response plans under certain conditions. Provides that performance of a voluntary response action shall not constitute an admission of liability under any Federal, State, or local law or regulation or in any private action. Title IV: Liability and Allocation - Authorizes the Administrator to issue administrative subpoenas to require the attendance and testimony of witnesses and production of information regarding response actions. Revises confidentiality requirements with respect to such information and applies confidentiality requirements to contractors. (Sec. 403) Absolves of liability for response actions a person who does not impede a response action or natural resource restoration to the extent liability is based solely on: (1) arrangement, transportation, or acceptance provisions relating to disposal or treatment of hazardous substances and such activities only involved municipal solid waste or sewage sludge possessed by the person and the person is the owner, operator, or lessee of residential property or a small business or small nonprofit organization; (2) such provisions and such activities involved fewer than 55 gallons of liquid materials (or 100 pounds of solid materials) containing hazardous substances, pollutants, or contaminants or such amount as the Administrator may determine; (3) ownership or operation of a vessel or facility and the person is a bona fide prospective purchaser of the facility; (4) ownership and the person acquired the facility by inheritance after disposal of the hazardous substances took place, did not contribute to the release, and exercised due care with respect to such substances; (5) ownership by a Federal, State, or local entity of a road or other right-of-way (other than railroads) over which hazardous substances are transported or on the granting of a license or a permit to conduct business; or (6) actions of a Federal agency in response to a natural disaster. Makes persons who are solely liable under arrangement, transportation, or acceptance provisions regarding disposal or treatment of hazardous substances liable for no more than ten percent of total response costs if such activities only involved municipal solid waste or sewage sludge. Applies such limitation to the aggregate liability of all persons involved. Applies such limitation only if acts or omissions giving rise to liability occurred before the date 36 months after enactment of this Act or the person asserting the limitation participates in a qualified household hazardous waste collection program. Limits the liability of persons who do not impede the performance of a response action or natural resource restoration with respect to a release to the lesser of the fair market value of a vessel or facility or the actual proceeds of the sale of the vessel or facility subject to certain conditions. Provides that a person who owns or operates real property contiguous to property on which there has been a release of a hazardous substance and that may be contaminated shall not be considered an owner or operator, for liability purposes, if such persons: (1) exercised due care with respect to such substance; (2) took precautions against foreseeable acts or omissions that resulted in the release; and (3) did not cause or contribute to the release and provides access to persons authorized to conduct response actions. Authorizes the President to issue assurances of no enforcement action to such person and grant such person protection against cost recovery and contribution actions. Grants the United States a lien, subject to certain conditions, on any facility for which the prospective purchaser is not liable for unrecovered response costs. Provides that no lien shall arise with respect to property: (1) for which the property owner preceding the first bona fide prospective purchaser is not liable or has resolved liability; or (2) where an audit required by an environmental professional gives the purchaser no reason to know of the release of hazardous substances. (Sec. 404) Directs the Administrator to calculate the EPA response action oversight costs for which potentially responsible parties (PRPs) are liable on a national basis as a percentage of total response costs incurred by PRPs (the national oversight rate). Limits the rate to ten percent of total response costs incurred by all PRPs. Provides that when the President responds at facilities on the NPL, liability for pollutants and contaminants shall be identical to that for hazardous substances only if such pollutants and contaminants: (1) constitute an imminent and substantial danger to human health; and (2) are not associated with the production or extraction of any hydrocarbon. Prohibits liability based solely on a person's construction activities at a facility if a person can demonstrate that the activities were carried out in accordance with a contract with the owner or operator and the person is a small business construction contractor. (Sec. 405) Revises contribution provisions to require an action by a PRP against another PRP for recovery of costs to be commenced within the later of: (1) three years after completion of a removal action or within six years after initiation of physical on-site construction of the remedial action; or (2) three years after the date of judgment in any action for recovery or the date of any administrative order or judicial settlement for recovery of costs or damages. (Sec. 406) Provides that a person who has resolved liability to a State or an Indian tribe in an administrative or judicially approved settlement shall not be liable for claims by persons other than the United States regarding response costs or damages addressed in the settlement. Provides the same protection for persons who have resolved liability to the United States. Includes protection against all claims that may be asserted against the settling party for recovery of costs or damages paid by another person if addressed in the settlement, except claims based on contractual indemnification. Limits the right to seek contribution from other parties where: (1) the person asserting the right has waived such right in a settlement; (2) the person from whom the contribution is sought is not liable under CERCLA; or (3) the person from whom the contribution is sought has entered into a final settlement with the United States. Makes any person who commences a contribution action liable to the person against whom the action is brought for all reasonable costs of defending against the claim if the action: (1) is barred for the reasons stated above; (2) is brought against a person who is protected from suits by reason of settlement with the United States; or (3) is brought during a specified moratorium period. (Sec. 408) Provides that response action contractors shall not be liable solely as a result of testing or implementation of alternative or innovative treatment or containment technologies with respect to a response action if use of the technology has been approved by the authorized Federal or State regulatory agency. (Sec. 409) Requires consent decrees pursuant to settlements to require the parties to attempt expeditiously to resolve disagreements concerning implementation of the remedial action informally with Federal and State agencies. Requires such decrees to contain stipulated penalties for violations in an amount of up to $25,000 per day. Waives certain conditions to expand the scope of eligibility for de minimis settlements. Authorizes the Administrator, if a PRP will be paying amounts to the President as part of a settlement for carrying out a response action, to accept ownership of a financial instrument running irrevocably to the benefit of the United States to conduct such response actions. (Sec. 411) Requires (current law authorizes) the President to offer PRPs (currently, any person) who enter into settlement agreements that are in the public interest a final covenant not to sue concerning liability to the United States for response actions or costs, provided that: (1) the settling party agrees to perform a final remedial action for the release that is the subject of the settlement; (2) the remedial action does not provide any hazardous substances will remain at the facility at concentrations above the protective concentration levels established after completion of the final action; (3) the agreement has been reached prior to the commencement of litigation against the settling party; (4) the settling party waives all contribution rights against other PRPs at the facility; (5) the settling party pays a premium that compensates for the risks of remedy failure, unanticipated increases in the cost of any uncompleted action (unless the party is performing the action), and the U.S. litigation risk with respect to persons who have not resolved liability to the United States unless the settlement covers 100 percent of U.S. response costs; and (6) the settlement is otherwise acceptable to the United States. Authorizes the President, for settlements for which covenants are unavailable, to provide any person with a covenant not to sue concerning any liability to the United States if the covenant not to sue is in the public interest. (Sec. 412) Adds the following to the list of conditions that a PRP must meet in order to be eligible for an expedited settlement: (1) liability must be based solely on provisions regarding arrangement, transportation, or acceptance of municipal solid waste or sewage sludge for treatment or disposal; and (2) the PRP must be a natural person, small business, or a municipality that has demonstrated a limited ability to pay response costs. (Sec. 413) Directs the Administrator to initiate the allocation process under this Act for each nonfederally owned facility on the NPL that involves two or more PRPs: (1) for which the President selects a remedial action on or after February 3, 1994; and (2) for any such action selected before such date if requested by a PRP which has resolved liability to the United States with respect to the remedial action. Authorizes the Administrator to initiate such process for any facility involving two or more PRPs. Makes the allocation process inapplicable to a facility: (1) for which there has been a final settlement, decree, or order that determines all liability or allocated shares of PRPs; or (2) at which all of the PRPs are facility owners or operators. Authorizes the Administrator to initiate a single allocation process for more than one facility. Places a moratorium on the commencement or continuation of liability claims or recovery actions in connection with responses for which allocation is required until 90 days after the issuance of the allocator's report. Sets forth requirements concerning the allocation process, including those for the notification of PRPs and determinations regarding de minimis parties. Provides that de minimis parties that are potentially liable but entitled to expedited settlements shall not be subject to the allocation process unless they fail to settle with the President within 30 days of the offer. Requires the allocation parties to select an allocator from a list provided by the Administrator or from candidates proposed by the parties. Authorizes PRPs, prior to the issuance of the allocator's report, to submit a private allocation for the remedial action to the allocator. Requires the allocator to adopt such report if it meets specified conditions. Directs the allocator to conduct an allocation process culminating in the issuance of a report with a nonbinding, equitable allocation of the percentage shares of responsibility, including the orphan share, within 180 days of the issuance of the final list of parties or the date of the contract for allocation service, whichever is later. Bases allocation shares on the following factors: (1) the amount of hazardous substances contributed by each party; (2) the degree of toxicity and mobility of such substances; (3) the degree of involvement of each party in the generation, transportation, treatment, storage, and disposal of such substances; (4) the degree of care exercised by the party; (5) the cooperation of the party in contributing to the response action; and (6) other factors determined by the Administrator. Sets forth components of orphan shares. Requires shares that the allocator cannot attribute to any party to be distributed among parties, including the orphan share. Authorizes the Administrator and the Attorney General to reject the allocator's report under certain conditions. Permits settling parties to seek a new allocation if there is convincing evidence that the allocator did not have certain information when the report was issued. Includes within settlements based on allocated shares: (1) a waiver of contribution rights against all PRPs for the response action as well as a waiver of rights to challenge any settlement the President enters into with any other PRP; (2) covenants not to sue; (3) a site-specific premium that compensates for the U.S. litigation risk with respect to PRPs who have not resolved liability (unless the settlement covers 100 percent of response costs); (4) contribution protection regarding matters addressed in the settlement; and (5) provisions through which the settling parties shall receive reimbursement from Superfund for response costs incurred in excess of the aggregate of their allocated share and any premia required by the settlement. Lists maximum amounts for premia authorized for litigation risk. Permits the Administrator to modify such amounts. Authorizes the United States to commence actions against liable persons who have not resolved liability following allocation. Sets forth conditions under which a party that performs work in excess of its allocated share may be reimbursed. Limits Superfund financing for reimbursements of costs incurred by parties that are attributable to orphan shares. Authorizes appropriations. Makes Federal agencies named as PRPs subject to the allocation process to the same extent as any other party. Declares that the procedures set forth in this Act shall not be construed to modify the principles of retroactive, strict, joint, and several liability. Provides that persons who are potentially liable solely as response action contractors shall not be named as allocation parties under this section. (Sec. 414) Absolves persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) added hazardous substances to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard. Title V: Remedy Selection and Cleanup Standards - Revises provisions regarding cleanup standards to direct the Administrator to promulgate national goals to be applied at all facilities subject to remedial action under this Act. Requires such goals to be expressed as a single numerical level for chemical carcinogens and noncarcinogens. (Sec. 501) Directs the Administrator to promulgate a national risk protocol for conducting risk assessments under CERCLA. Requires the risk protocol to be used for risk assessment underlying determinations of the need for remedial action, the establishment of protective concentration levels of chemicals, and the evaluation of remedial alternatives. Requires remedial actions to: (1) comply with substantive requirements of Federal, or more stringent State, environmental or facility siting laws; (2) attain any promulgated concentration levels applicable to determining the level of cleanup for such actions; and (3) comply with any other standard under State environmental or facility siting laws that the State demonstrates is consistently applied to remedial actions. States that a goal of this Act is to restore any contaminated groundwater or surface water that may be used for drinking water to: (1) the level of any maximum contaminant level or level goal for the hazardous substance or contaminant that has been established under the Safe Drinking Water Act; and (2) a protective concentration level that attains such goal for any other hazardous substance, pollutant, or contaminant. Requires the achievement of such goal unless the President finds that such goal is technically impracticable from an engineering perspective or, under certain conditions, unreasonably costly. Requires remedial actions for contaminated groundwater (other than that used for drinking water) to attain levels appropriate to the current or anticipated use of such water. Authorizes the President to select a remedial action that does not comply with Federal and State standards subject to certain conditions. (Sec. 502) Revises general rules for remedial actions. Directs the President, in selecting a remedy, to take into account the reasonably anticipated future uses of land at a facility. Provides certain procedures for the remediation of hot spots. Requires the President to establish cost-effective generic remedies for categories of facilities. Sets forth factors to be taken into consideration with respect to selection of response actions for groundwater. (Sec. 504) Removes a condition on the President's authority to acquire property needed to conduct a response action that requires the State in which the property is located to agree to accept transfer of the property when the action is completed. (Sec. 505) Alters the criteria for the continuance of obligations for removal actions to provide that actions shall not continue after $4 million (currently, $2 million) has been obligated or two years (currently, 12 months) have elapsed from the date of initial response to a release or threatened release of hazardous substances. Requires Federal agencies, before the commencement of any non-emergency removal action, to notify the EPA and the State of the planned action and obtain, in the case of facilities listed or proposed for listing on the NPL, concurrence in the planned action from the EPA or the State. (Sec. 506) Authorizes the President, in order to respond to a release of a hazardous substance, to acquire a hazardous substance easement which limits or controls the use of land or other natural resources. Permits easements and notices of property use restrictions to be used whenever institutional controls have been selected as a component of a removal or remedial action. Makes easements enforceable in perpetuity (unless terminated pursuant to this Act) against owners of affected property or persons who acquire interest in, or rights to use, the property. Title VI: Miscellaneous - Makes a Federal agency subject to certain actions required for Federal facilities under CERCLA, with the exception of certain reporting requirements, if the agency owned or operated a facility over which it exercised no regulatory or other control over activities that resulted in a release of a hazardous substance unless: (1) no Federal agency was the primary or sole source or cause of such release; (2) the activities resulting in the release were pursuant to statutory authority and occurred prior to 1976; and (3) the persons primarily responsible for the release are financially viable and capable of performing or financing the response action. (Sec. 605) Authorizes the use of the Superfund to pay up to 50 percent of response costs incurred by a potentially liable party in taking approved actions to achieve response after employing an alternative or innovative technology that fails to achieve the required level of response. (Sec. 606) Includes trusts, estates, or persons who hold title to a vessel or facility or are otherwise affiliated with a vessel or facility in a fiduciary capacity within the definition of "owner or operator" for purposes of determining liability under CERCLA. Limits the personal obligations and liabilities of a fiduciary to the extent to which the assets of the trust or estate are sufficient to indemnify the fiduciary, subject to certain conditions. Excludes from such definition the United States, a Federal agency, or a conservator or receiver appointed by a Federal agency which acquired ownership of a facility or vessel in connection with receivership or conservatorship and forfeiture or seizure authority, provided such entity does not participate in operations that result in a release. (Sec. 608) Directs the Administrator to establish a small business Superfund assistance section within the small business ombudsman office to provide assistance and information regarding CERCLA and the allocation and settlement processes. (Sec. 611) Requires the Administrator to study and report to the Congress on EPA procedures for suspension and debarment of persons and business entities, particularly response action contractors, and to assess the feasibility and cost of creating a nationwide data base to track such persons. (Sec. 613) Directs the Administrator to publish guidelines for a model State program for the training and certification of individuals to perform Phase I Environmental Site Assessments. Establishes the Environmental Certification Board. (Sec. 615) Revises provisions regarding the application of CERCLA to Federal agencies to make such agencies subject to all Federal, State, interstate, and local requirements regarding response actions related to, or management of, hazardous substances, pollutants, and contaminants in the same manner as such requirements apply to nongovernmental entities. Absolves Federal employees of personal liability for civil penalties under Federal or State response laws with respect to acts or omissions within their official duties. Makes such employees subject to criminal sanctions under such laws, but exempts Federal agencies from such sanctions. (Sec. 616) Increases the authorization from Superfund for worker training and education grants. (Sec. 619) Makes States eligible for reimbursement currently available to local governments for emergency response actions. (Sec. 620) Directs the Administrator to study and report to the Congress on the feasibility of instituting a small disadvantaged business goal program for all Federal contracts under CERCLA. Title VII: Funding - Extends the authorization of appropriations to carry out specified Superfund authorities through FY 2000. Title VIII: Environmental Insurance Resolution Fund - Environmental Insurance Resolution and Equity Act of 1995 - Establishes the Environmental Insurance Resolution Fund to provide for the resolution of disputes between certain PRPs and their insurers. (Sec. 805) Authorizes the Fund to decide not to make an offer unless an eligible person has filed and is actively pursuing a claim with an insurer. (Sec. 806) Requires the Fund to make resolution offers to eligible persons equal to the applicable percentage of the lesser of the eligible costs incurred by the persons or the available coverage. Describes applicable percentages based on facility location and size, litigation venues, and State. (Sec. 807) Directs eligible persons that accept Fund resolutions to waive existing and future claims against an insurer for eligible costs. (Sec. 808) Requires the Fund to make pre- and post-resolution payments to eligible persons who accept a resolution. Treats payments made by the Fund to an eligible person as payments made by an insurer. (Sec. 809) Requires the Fund, in cases where an eligible person rejects a resolution offer, litigates a claim against an insurer, and obtains a final judgment against, or enters into a settlement with, the insurer, to reimburse the insurer for the lesser of the amount of the resolution offer or the final judgment or settlement. Authorizes the Fund, in such cases, to reimburse an insurer for unrecovered reasonable costs and legal fees if the resolution offer exceeded such final judgment or settlement. (Sec. 811) Provides that this title acts as a stay of all pending litigation regarding claims for indemnity or arising from insurance coverage for eligible costs. Bars stays of litigation ten years after this Act's enactment with respect to: (1) a person that becomes an eligible person on or after such date; and (2) an eligible person that has not filed a request for a resolution offer and has not rejected an offer before such date. (Sec. 815) Directs the President to report on: (1) the potential liability of the Fund; and (2) the number of non-NPL facilities and their average cleanup cost. (Sec. 817) Terminates the Fund's authority to: (1) accept requests for resolution ten years after this Act's enactment date; and (2) offer resolutions ten years and 180 days after such date. Title IX: Environmental Insurance Resolution Taxes and Trust Fund; 5-Year Extension of Hazardous Substance Superfund - Subtitle A: Environmental Insurance Resolution Taxes and Trust Fund - Amends provisions of the Internal Revenue Code relating to environmental taxes to establish environmental insurance resolution taxes. Imposes a tax on each assessable person engaged in any trade or business that is equal to: (1) such person's adjusted base-period commercial direct premiums multiplied by the applicable direct funding rate; and (2) such person's adjusted base-period commercial reinsurance premiums multiplied by the applicable reinsurance funding rate. (Sec. 901) Sets the exemption amount for any person at $50 million. Treats participants in joint underwriting operations of insurance or reinsurance and those treated as single employers as one person and allocates the exemption amount between participants. Imposes a tax on a policy of casualty insurance against hazards, risks, losses, or liabilities in the United States or related policies of reinsurance on which premiums are written by foreign persons. Requires such tax to be equal to .50 percent of the maximum limit of liability of such persons under such policies. Sets forth conditions under which foreign persons are exempt from such tax (including cases where foreign persons may be taxed as assessable persons). Imposes a tax (on current-year premiums) equal to the direct premiums written under specified insurance policies issued against hazards, risks, losses, or liabilities within the United States multiplied by the applicable funding rate. Exempts policies related to directors and officers liability insurance, professional liability insurance, and fire insurance on residential or farm owner-occupied housing units. Sets the exemption amount for such tax at $5 million. Establishes a special withholding rule for premiums issued by foreign persons unless the income from the premiums is connected with a U.S. trade or business and is not exempt from income tax pursuant to a treaty. Imposes assessments on insurers resolving claims with the Environmental Insurance Resolution Trust Fund. Requires such assessments to be in an amount equal to an insurer's Fund-certified percentages of the direct insurance and reinsurance limits. Provides that such assessments are excise taxes and shall be imposed and collected in the same manner as other excise taxes. (Sec. 902) Establishes the Environmental Insurance Resolution Trust Fund to be composed of environmental insurance resolution taxes and amounts in the Environmental Insurance Resolution Fund established under title VIII of this Act. Makes the Trust Fund available to carry out title VIII. (Sec. 903) Exempts the Environmental Insurance Resolution Fund from income tax. Subtitle B: 5-Year Extension of Hazardous Substance Superfund - Provides for a five-year extension of Superfund. Subtitle C: Report by Environmental Protection Agency - Directs the Administrator to report annually to the Congress on the effectiveness of this Act's liability and enforcement reforms.
Bill· HRH.R. 191 (104th)referred
United States · United States Congress · 4 January 1995
Child Immunization Incentive Act of 1995 - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to: (1) deny AFDC for children under six who have not received periodic examinations by a physician or immunizations; and (2) require State outreach activities with respect to preventive health care and immunizations for pre-school children. Amends the Child Care and Development Block Grant Act to require providers assisted under such Act to require each child receiving their services to receive immunizations in accordance with the recommendations issued by the Surgeon General pursuant to this Act.
Bill· HRH.R. 193 (104th)referred
United States · United States Congress · 4 January 1995
Equitable Health Care for Severe Mental Illnesses Act of 1995 - Declares that it is the policy of the United States that: (1) persons with severe mental illnesses must not be discriminated against in health care; and (2) health care coverage, provided through any financing, must provide for the treatment of severe mental illnesses in a way that is equitable and commensurate with that provided for other major illnesses. Requires health care coverage, in order to be considered nondiscriminatory and equitable under this Act, to cover services that are essential to the effective treatment of severe mental illnesses in a manner that: (1) is not more restrictive than coverage provided for other major physical illnesses; (2) provides adequate financial protection to the person requiring the medical treatment for a severe mental illness; and (3) is consistent with effective and common methods of controlling health care costs for other major physical illnesses.
Bill· HRH.R. 25 (104th)referred
United States · United States Congress · 4 January 1995
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to make technical corrections to certain amendments made by the Social Security Act Amendments of 1994 relating to requirements for suppliers of medical equipment and supplies. Repeals a provision of the Social Security Act Amendments of 1994 which relates to beneficiary liability for certain noncovered services. Amends the Omnibus Budget Reconciliation Act of 1990 to revise a deadline for a study of aggregation rules for claims of similar physician services.
Bill· HRH.R. 192 (104th)referred
United States · United States Congress · 4 January 1995
Homeless Children's Immunization Assistance Act - Amends the Stewart B. McKinney Homeless Assistance Act to require operators of specified emergency shelters and transitional housing to determine the immunization status of children under the age of six years old occupying such housing.
Bill· HRH.R. 188 (104th)referred
United States · United States Congress · 4 January 1995
Amends title XVIII (Medicare) of the Social Security Act to cover, on an assigned basis and through direct payments, certain services of registered nurses as assistants at surgery under Medicare part B (Supplementary Medical Insurance). Directs the Secretary of Health and Human Services to recommend to the Congress adjustments in part B payments so that they approximate the costs of such services, taking into account costs of compensation, overhead, and supervision.
Bill· HRH.R. 173 (104th)referred
United States · United States Congress · 4 January 1995
Medicaid Women's Basic Health Coverage Act of 1995 - Amends title XIX (Medicaid) of the Social Security Act to provide State Medicaid coverage of: (1) screening mammographies for women age 35 and older conducted in accordance with the frequency guidelines established by the Omnibus Budget Reconciliation Act of 1990 for coverage of screening mammographies under the Medicare program (title XVIII of the Social Security Act); and (2) screening pap smears.
Bill· HRH.R. 166 (104th)referred
United States · United States Congress · 4 January 1995
Amends title XVIII (Medicare) of the Social Security Act to provide coverage under Medicare part B (Supplementary Medical Insurance) of dentures and dental services.
Bill· HRH.R. 180 (104th)referred
United States · United States Congress · 4 January 1995
Medicaid Infant Mortality Amendments of 1995 - Amends title XIX (Medicaid) of the Social Security Act to phase-in mandatory State coverage of pregnant women and infants whose family income is below 185 percent of the Federal poverty level. Deducts child and medical care costs from the income eligibility test. Authorizes States to provide Medicaid coverage of prenatal home visitation services for high-risk pregnant women and postpartum home visitation services for high-risk infants.
Bill· HRH.R. 172 (104th)referred
United States · United States Congress · 4 January 1995
Directs the Secretary of Health and Human Services to make grants to public and nonprofit private entities for the establishment or support of adolescent health demonstration projects to: (1) provide health care information, counseling, and services, including related social services; (2) serve adolescents before their graduation from high school; (3) encourage family participation; and (4) establish community advisory committees. Prohibits using grant funds to perform or pay for abortions.
Bill· HRH.R. 168 (104th)referred
United States · United States Congress · 4 January 1995
Hospital Closings Community Relief Act of 1995 - Amends title XIX (Medicaid) of the Social Security Act to require each State to implement a plan for responding to the diminishment in the availability of health services in an area subject to a hospital closure. Expresses the sense of the Congress that not less than 60 days before the termination of any service or the closure of any facility, a hospital providing services to any urban, suburban, or rural area should notify the community it serves, its employees, and all appropriate government and health care entities of the action taken.
Bill· HRH.R. 8 (104th)open
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Social Security Earnings Test Title II: Repeal of Increase in Tax on Social Security Benefits Title III: Treatment of Long-Term Care Title IV: Senior Citizen Communities Senior Citizens' Equity Act - Title I: Social Security Earnings Test - Amends title II (Old-Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to increase the monthly exempt amount, under the earnings test, for individuals who have attained retirement age. Sets forth a schedule of monthly adjustments increasing from $1,250 for taxable year 1996 to $2,500 for taxable year 2000 (amounting, by the year 2000, to an annual exempt amount of $30,000 such individuals may earn before being subject to benefit reductions). Title II: Repeal of Increase in Tax on Social Security Benefits - Amends the Internal Revenue Code to schedule from 1996 through 2000 a reduction from 85 percent to 50 percent the amount of Social Security benefits on which beneficiaries earning more than $34,000 annually ($44,000 for couples) are liable for income tax. Title III: Treatment of Long-Term Care - Amends the Internal Revenue Code to treat a long-term care insurance contract as an accident or health insurance contract. (Sec. 301) Restricts the meaning of long-term care insurance contract to a guaranteed renewable contract without cash surrender value: (1) covering only qualified long-term care services and benefits incidental to such coverage; (2) excluding expenses for services or items reimbursable under Medicare (except where Medicare is a secondary payor); and (3) applying all premium refunds and all policyholder dividends or similar amounts to reduce future premiums or increase future benefits. Limits qualified long-term care services to necessary diagnostic, preventive, therapeutic, and rehabilitative services, as well as maintenance or personal care services prescribed by a licensed health care practitioner for a chronically ill individual in a qualified facility who is unable to perform (without substantial assistance from another individual) at least two activities of daily living (including walking or wheeling, dressing, toileting and bathing, transferring in and out of a bed or chair, and eating). Makes an individual's home a qualified facility if a licensed health care practitioner certifies that without home care the individual would have to be cared for in a State-licensed or Medicare- or Medicaid-certified nursing, rehabilitative, hospice, or adult day care facility. Treats as a separate contract subject to this Act, unless the Secretary provides otherwise in regulations, any rider on a life insurance contract that covers long-term care insurance. Includes in gross income the aggregate amount of benefits received under a long-term care insurance contract that exceeds $200 for any day (adjusted for inflation). Prescribes a one-year full preliminary term method as the method, in the case of any long-term care insurance contract, for computing reserves for the purposes of determining the taxable income of life insurance companies. Declares that a health care plan shall not be subjected to an excise tax for failure to satisfy continuation coverage requirements solely by reason of failing to provide coverage under any long-term care insurance contract. (Sec. 302) Excludes from gross income any benefits (not in excess of $200 per day) received under a long-term care insurance contract, including employer-provided coverage under such a contract. (Sec. 303) Allows an income tax deduction for qualified long-term care services, subject to specified limits. (Sec. 304) Treats as a nontaxable exchange the exchange of a contract of life insurance or an endowment or annuity contract for a long-term care insurance contract. (Sec. 305) Reduces any amounts includible in gross income by reason of distributions from individual retirement plans or 401(k) plans by the aggregate premiums paid by an individual for any long- term care insurance contract for the benefit of such individual or his or her spouse. (Sec. 306) Excludes from gross income accelerated death benefits paid from life insurance policies for individuals who are terminally ill or permanently confined to a nursing home. (Sec. 307) Provides for: (1) continuation of long-term care insurance policies existing before January 1, 1996, which meet State insurance requirements; and (2) nonrecognition of gain or loss in the exchange, before January 1, 1996, of existing policies for policies under this Act, except to the extent of any money or property received in addition to a long-term care insurance contract. Requires the Secretary of the Treasury to report to the Congress on the Department of the Treasury's interpretation of the tax treatment of contracts which provide long-term care services but which are not long-term care insurance contracts under this Act. Title IV: Senior Citizen Communities - Amends the Fair Housing Act with respect to the exemption for housing for older persons from the prohibition against discrimination based on familial status. Revises the definition of housing for older persons to repeal the requirement that such housing possess significant facilities and services specifically designed to meet the physical or social needs of older persons. (Sec. 402) Declares that an individual who engages in conduct with a reasonable good faith reliance on the existence of such exemption is not personally liable for money damages for a violation of such Act that the exemption would have vitiated. Presumes such good faith reliance of a person engaged in the business of residential real estate transactions if: (1) he or she has no actual knowledge that the facility or community is or will be ineligible for such exemption; and (2) the facility or community gives him or her a written certification stating its compliance with the requirements for such exemption.
Bill· HRH.R. 16 (104th)referred
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Benefits and Eligibility Title II: Participation of Physicians, Dentists, Nurses, Hospitals, and Others Title III: Local Administration Title IV: State Administration Title V: National Health Insurance Board; National Advisory Medical Policy Council; General Administrative Provisions Title VI: Eligibility Determinations, Complaints, Hearings, and Judicial Review Title VII: Application of Act to Individuals Covered Under Medicare Program Title VIII: Fiscal Provisions Title IX: Miscellaneous Provisions Title X: Value Added Tax and National Health Care Trust Fund Title XI: Study and Development of Cost Control Mechanisms National Health Insurance Act - Title I: Benefits and Eligibility - Makes medical services available to eligible individuals. (Sec. 102) Authorizes the National Health Insurance Board to limit services when personnel, facilities, or funds are inadequate. (Sec. 103) Allows patient choice of physicians and hospitals. (Sec. 105) Makes Federal grants to States under the Social Security Act available to the States for services for uninsured needy individuals. Title II: Participation of Physicians, Dentists, Nurses, Hospitals, and Others - Authorizes State agreements with individuals or organizations for service provision. (Sec. 208) Regulates payment bases and rates, requiring local adjustments. (Sec. 210) Allows providers to choose their practice locality and, consistent with State law and professional ethics, reject patients. Title III: Local Administration - Decentralizes administration to local administrative committees or officers. (Sec. 303) Requires establishment in each health service area of a local area committee and local professional committees. Title IV: State Administration - Expresses the intent of the Congress that benefit provisions be administered by each State. Provides for Board administration if State plans are not approved and complied with. Title V: National Health Insurance Board; National Advisory Medical Policy Council; General Administrative Provisions - Establishes: (1) in the Department of Health and Human Services the National Health Insurance Board; (2) the National Advisory Medical Policy Council. Title VI: Eligibility Determinations, Complaints, Hearings, and Judicial Review - Requires that the Secretary of Health and Human Services determine benefit eligibility. (Sec. 602) Describes complaint investigation procedures. Title VII: Application of Act to Individuals Covered Under Medicare Program - Limits, for individuals entitled to benefits under title XVIII (Medicare) of the Social Security Act, benefits under this Act to services for which the individual is not eligible under Medicare. (Sec. 702) Mandates a study of the relationship of this Act's program and Medicare. Title VIII: Fiscal Provisions - Makes National Health Care Trust Fund amounts available for expenditures under this Act. (Sec. 802) Directs the Board to determine amounts to be made available from the Fund and allotments to the States. (Sec. 803) Authorizes grants to: (1) educational institutions regarding the training of personnel providing or administering benefits; and (2) individuals in courses regarding the provision or administration of benefits. Requires that funds be made available. Title IX: Miscellaneous Provisions - Requires that benefits first become available on a specified date. Title X: Value Added Tax and National Health Care Trust Fund - Amends the Internal Revenue Code to impose a tax on each taxable transaction (the sale of property, performance of services, and importing of property by a taxable person in a commercial-type transaction). Sets the tax rate at zero for: (1) retail food, principal residence housing (sale and rental), and medical care; (2) certain transactions involving governmental entities; and (3) certain tax-exempt organizations. Makes the person selling the property or services liable for the tax. (Sec. 1002) Establishes the National Health Care Trust Fund. Appropriates to the Fund amounts received from the value added tax. Allows the Fund to be used only to carry out the program under this Act. Title XI: Study and Development of Cost Control Mechanisms - Directs the Secretary of Health and Human Services to: (1) conduct a study on controlling benefit costs, including malpractice claims and malpractice insurance costs; (2) report to the Congress; and (3) implement the report's recommendations.
Bill· HRH.R. 5 (104th)open
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Review of Unfunded Federal Mandates Title II: Regulatory Accountability and Reform Title III: Legislative Accountability and Reform Unfunded Mandate Reform Act of 1995 - Prohibits this Act from applying to any provision in a Federal statute or proposed or final Federal regulation that: (1) enforces constitutional rights of individuals; (2) establishes or enforces any statutory rights that prohibit discrimination on the basis of race, religion, gender, national origin, or handicapped or disability status; (3) requires compliance with accounting and auditing procedures with respect to grants or other money or property provided by the Federal Government; (4) provides for emergency assistance or relief at the request of any State, local, or tribal government; (5) is necessary for national security or ratification or implementation of international treaty obligations; or (6) is designated as emergency legislation. Title I: Review of Unfunded Federal Mandates - Establishes the Commission on Unfunded Federal Mandates to investigate and review the role of unfunded Federal mandates in intergovernmental relations and their impact on State, local, tribal, and Federal government objectives and responsibilities. Requires the Commission to make recommendations to the President and the Congress with regard to: (1) allowing flexibility where the terms of compliance are unnecessarily rigid or complex; (2) consolidating or simplifying unfunded Federal mandates in order to facilitate compliance; (3) terminating those mandates which are duplicative, obsolete, or lacking in practical utility; and (4) temporarily suspending those mandates which are not vital to public health and safety and which compound the fiscal difficulties of State, local, and tribal governments. (Sec. 107) Authorizes appropriations. Title II: Regulatory Accountability and Reform - Requires each Federal agency, to the extent permitted under current law, to: (1) assess the effects of Federal regulations on States, local, and tribal governments, and the private sector (other than to the extent that such regulations incorporate requirements specifically set forth in legislation), including specifically the availability of resources to carry out any Federal mandates in those regulations; and (2) seek to minimize those burdens that uniquely or significantly affect such governmental entities or the private sector, consistent with achieving statutory and regulatory objectives. (Sec. 201) Directs each agency to develop an effective process to permit elected officials and other representatives of States and local and tribal governments to provide meaningful and timely input in the development of regulatory proposals containing significant Federal intergovernmental mandates. Requires each agency, before establishing regulatory requirements, to develop plans for: (1) notifying small governments of such requirements; (2) enabling their officials to provide appropriate input into the regulatory process; and (3) preparing estimates of the effect of Federal private sector mandates on the national economy. (Sec. 202) Requires each agency to prepare a written statement of specified estimates and analyses before promulgating any notice of proposed rulemaking or final rule including Federal mandates that may result in private or public sector expenditures of $100 million or more in any one year. (Sec. 203) Directs the Director of the Office of Management and Budget (OMB) to collect such statements and forward copies to the CBO Director. (Sec. 204) Requires the OMB Director to establish pilot programs in at least two agencies to test innovative and more flexible regulatory approaches that: (1) reduce reporting and compliance burdens on small governments; and (2) meet overall statutory goals and objectives. Title III: Legislative Accountability and Reform - Amends the Congressional Budget Act of 1974 to add provisions on Federal mandates, with applicability limited in the same manner as indicated before in title I. (Sec. 301) Provides that when a congressional authorization committee orders a public bill or joint resolution reported, the committee shall promptly provide the text of the legislation to the CBO Director, identifying any Federal mandate in it. Requires, when such a committee reports legislation including any Federal mandate, that the accompanying report contain certain information, including statements on whether the legislation is intended to preempt any State, local, or tribal law (and the reasons for such intention), as well as individual mandate descriptions, cost- benefit analyses, and statements regarding Federal financial assistance to State, local, and tribal governments for meeting mandate costs. Requires the CBO Director, for each piece of legislation, to prepare and submit to such committee certain statements estimating the direct costs of mandate compliance and the amount of new or increased Federal financial assistance needed to meet such costs, if the estimates indicate at least a $50 million per fiscal year direct cost of all intergovernmental mandates in the legislation, or a $100 million per fiscal year direct cost of private sector mandates. Provides that, at the request of any congressional committee, the CBO Director shall: (1) consult with and assist it in analyzing the budgetary or financial impact of any proposed legislation that may have a significant impact on the State, local, or tribal government involved or on the private sector; and (2) study any legislative proposal containing a Federal mandate. Requires the CBO Director to conduct continuing studies to enhance comparisons of budget outlays, credit authority, and tax expenditures. Requires any congressional committee that anticipates considering proposed legislation establishing, amending, or reauthorizing any Federal program likely to have a significant budgetary impact on the State, local, or tribal government involved, or to have a significant financial impact on the private sector, to include that information in its views and estimates on that proposal to the applicable budget committee. Authorizes appropriations to CBO to carry out such new requirements under the Congressional Budget Act of 1974. Makes it out of order for the House of Representatives or the Senate to consider: (1) any reported nonappropriations legislation unless it has a CBO Director report; or (2) any reported nonappropriations legislation containing a Federal intergovernmental mandate with direct costs exceeding the thresholds specified by this Act, unless it provides for new or increased budget, entitlement, or direct spending authority or makes other specified arrangements for each fiscal year to ensure that Federal funds equal or exceed the estimated direct costs of the mandate, or that State, local, and tribal programmatic and financial responsibilities are reduced so they do not exceed the amount of Federal funding. Requires the direct costs of a Federal mandate for a fiscal year to be determined based on estimates by congressional budget committees. Gives the Committee on Government Reform and Oversight of the House and the Committee on Governmental Affairs of the Senate final authority to determine whether a piece of legislation contains a Federal mandate. Provides that it shall not be in order in the House of Representatives to consider a rule or order waiving application of these provisions to a bill or joint resolution reported by an authorization committee. (Sec. 302) Amends House rules with regard to the Committee of the Whole and Committee on Rule: (1) to make it always in order in the former to strike from the portion of any bill open to amendment any Federal mandate whose direct costs exceed the prescribed threshold; and (2) to require the latter to include in its reports on waived points of order a separate item identifying all waivers of points or order relating to Federal mandates. (Sec. 305) Repeals the State and Local Government Cost Estimate Act of 1981.