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Bill· HRH.R. 2303 (104th)referred
United States · United States Congress · 12 September 1995
Medicaid Fraud Prevention Act of 1995 - Amends title XIX (Medicaid) of the Social Security Act to require as a condition of receiving payments for administration costs that a State include on the Medicaid enrollment card provided to beneficiaries under the plan a photograph of and specified information about the beneficiary, unless such a practice is not cost-effective because minimal fraud exists in such State as a result of incorrect identifications.
Bill· HRH.R. 2313 (104th)referred
United States · United States Congress · 12 September 1995
Adds to the medical care authorized to be provided by the Secretary of Veterans Affairs to veterans in vet centers: (1) counseling to combat veterans of World War II or the Korean conflict; (2) preventive health care services; (3) medical services reasonably necessary in preparation for hospital admission; and (4) referral services to assist veterans in obtaining specialized care. Requires a report from the Secretary on the implementation of such additional care.
Bill· HRH.R. 2290 (104th)open
United States · United States Congress · 8 September 1995
Life Extending and Life Saving Device Act of 1995 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to declare that the mission of the Food and Drug Administration (FDA), with regard to drugs, biological products, and devices, is to promote and protect the health of the American people. (Sec. 4) Requires harmonization of FDCA requirements with similar foreign laws through the International Conference on Harmonization. (Sec. 5) Modifies provisions relating to reporting before introducing a device into interstate commerce. (Sec. 6) Requires, for specified provisions, that the safety and effectiveness of a device be determined (among other factors) with respect to the persons for whose use the device is represented or intended by the person legally responsible for labeling the device. (Sec. 7) Regulates the circumstances in which well-controlled clinical investigations of device effectiveness are required. Excludes certain measures from the determination of effectiveness. (Sec. 8) Revises premarket approval application requirements and procedures. (Sec. 9) Amends provisions relating to investigational use to mandate updating of the regulations regarding the procedures and conditions under which devices intended for human use may be granted exemptions from FDCA requirements. (Sec. 10) Regulates the classification of in vitro diagnostic test systems and special purpose reagents. (Sec. 12) Allows accredited organizations and individuals to conduct good manufacturing practice inspections. Modifies other inspection-related requirements and procedures. Provides for accreditation. (Sec. 14) Requires that FDA research activities relating to drugs, devices, and biological products and authorized under specified Public Health Service Act provisions relate to the review and approval of drugs, devices, and biological products. Allows FDA collaboration in such activities with various entities, including the drug and device industry. Amends the FDA mission statement to require that research conducted by or for the FDA be: (1) solely related directly to the regulatory mission or professional staff development related to that mission; and (2) limited to the minimum necessary. (Sec. 15) Mandates recognition of nationally or internationally recognized consensus standards in determining safety or effectiveness or compliance with FDCA requirements. Revises other performance and compliance requirements. (Sec. 16) Revises requirements regarding a food, drug, device, or cosmetic intended for export, including regarding new drugs and biological products. Repeals provisions relating to exports of certain unapproved products. (Sec. 17) Mandates publication of a proposed regulation reclassifying certain class III devices as class II. (Sec. 18) Modifies device tracking and postmarket surveillance requirements. (Sec. 20) Allows, notwithstanding specified provisions of the Public Health Service Act (PHSA), dissemination to individuals and entities involved in health care (including practitioners, managed care organizations, insurers, and governmental agencies) written information (or an oral or written summary thereof) concerning: (1) a treatment use for an investigational new drug or an investigational biological product approved for that use; or (2) a use (whether or not the use is contained in the official labeling) of a new drug or a biological product for which a new drug application, an abbreviated new drug application, a certification of an antibiotic drug, or a product license issued under the PHSA has been approved. Sets forth restrictions and requirements. Allows, notwithstanding any other provision of law, dissemination to individuals and entities involved in health care (including practitioners, managed care organizations, insurers, and governmental agencies) written or oral information relating to a use (whether or not described in the official labeling) of a device registered under specified FDCA provisions. Sets forth restrictions and requirements. Declares that, notwithstanding any other provision of law, the dissemination shall not be construed as evidence of a new intended use or considered as labeling, adulteration, or misbranding of the device. Sets forth recordkeeping, reporting, and device tracking requirements. Mandates deletion of all regulations in a specified part requiring distributors, other than importers, to report deaths, serious injuries or illnesses, and malfunctions related to devices. Exempts a person from penalties for violation of specified FDCA provisions if the person acted in good faith, had no reason to believe that the person's acts violated the law, and had no prior notice that the acts constituted FDCA violations. Mandates deletion of all regulations in a specified part of the Code of Federal Regulations requiring reporting of device malfunctions.
Bill· HRH.R. 2275 (104th)open
United States · United States Congress · 7 September 1995
TABLE OF CONTENTS: Title I: Private Property Rights and Voluntary Incentives for Private Property Owners Title II: Improving Ability to Comply with the Endangered Species Act of 1973 Title III: Improving Scientific Integrity of Listing Decisions and Procedures Title IV: Recognizing Other Federal Action, Laws, and Missions Title V: Better Management and Conservation of Listed Species Title VI: Habitat Protections Title VII: State Authority to Protect Endangered and Threatened Species Title VIII: Funding of Conservation Measures Title IX: Miscellaneous Provisions Endangered Species Conservation and Management Act of 1995 - Amends the Endangered Species Act of 1973 (the Act) to revise: (1) the findings and purposes of the Act to include consideration of economic impacts and property owners' rights while encouraging practices that protect species; and (2) the policy of the Act to prohibit the Federal Government from using or limiting the use of privately owned property when such action diminishes the value of such property without payment of fair market value to the owner of private property. Title I: Private Property Rights and Voluntary Incentives for Private Property Owners - Amends the Act to prohibit the Government from taking an agency action affecting privately or non-federally owned property under the Act which results in diminishment of value of any portion of that property by 20 percent or more unless compensation is offered in accordance with this title. Requires the Federal agency that takes an action that exceeds that amount to compensate the private property owner for the otherwise lawful use or limitation on such use in the amount of the diminution in value of the portion of that property resulting from such use or limitation. Specifies that, if the diminution in value of a portion of that property is greater than 50 percent, at the option of the owner, the agency shall buy that portion and pay fair market value based on the value of the property before the use or limitation was imposed. Directs that compensation paid reflect the duration of the use or limitation necessary to achieve the purposes of the Act. Sets forth provisions regarding: (1) procedures for written requests for compensation by the owner; (2) agency negotiations with that owner to reach agreement; (3) choice of remedies; (4) arbitration; (5) civil actions (an owner who prevails in a civil action against the agency shall be entitled to the amount of compensation awarded plus reasonable attorney's fees and other litigation costs); (6) source of payments; (7) availability of appropriations (any U.S. obligation to make such a payment shall be subject to the availability of appropriations); and (8) duty of notice to owners of agency actions limiting the use of private property and of procedures for obtaining compensation. (Sec. 102) Requires the Secretary of the Interior (Secretary), in carrying out the program authorized by the Act, to cooperate to the maximum extent practicable with the States and other non-Federal persons, including consultation before acquiring any land or water, or interest therein, for the purpose of conserving any endangered or threatened species. Authorizes the Secretary to enter into a cooperative management agreement with any State or local government or non-Federal person for the management of a species listed as endangered or threatened, to be listed, or which is a candidate for listing, or for the management or acquisition of an area which provides habitat for a species, subject to specified limitations. Sets forth provisions regarding: (1) environmental assessments; (2) the effect of listing a species; and (3) violations of such agreements. (Sec. 103) Authorizes the Secretary to provide grants to certain non-Federal persons for the purpose of conserving, preserving, or improving habitat for any species that is determined to be an endangered or threatened species upon determining that: (1) the property for which the grant is provided contains habitat that significantly contributes to the protection of the population of the species and has been managed for species protection for a sufficient period of time to significantly contribute to the protection of the species population; and (2) the management of the habitat advances the interest of species protection. (Sec. 104) Directs the Secretary to initiate a program to provide technical advice and assistance to non-Federal persons who wish to participate in achieving the conservation objective for a species for which a conservation goal has been adopted. (Sec. 105) Specifies that nothing in the Act shall be construed to supersede, abrogate, or otherwise impair any right or authority of a State to allocate or administer quantities of water. Title II: Improving Ability to Comply With the Endangered Species Act of 1973 - Amends the Act to provide that an activity of a non-Federal person is not a taking of a species if the activity: (1) is consistent with the provisions of a final conservation plan or conservation objective; (2) complies with the terms and conditions of an incidental take permit or a cooperative management agreement; (3) addresses a critical, imminent threat to public health or safety or a catastrophic natural event, or is mandated by any Federal, State, or local government agency for public health or safety purposes; or (4) is incidental to, and not the purpose of, carrying out an otherwise lawful activity that occurs in an area of the territorial sea or exclusive economic zone that is not designated as critical habitat and the affected species is not a species of fish. Makes enforcement provisions and provisions regarding rewards and incidental expenses paid by the Secretary or the Secretary of the Treasury applicable specifically to endangered or threatened species of fish and wildlife (current law doesn't specify endangered or threatened species). Specifies that no interpretation, policy, guideline, finding, or other informal determination may be relied upon by the Secretary in the implementation and enforcement of the Act unless such determination has been the subject of a proposed rule, subject to specified requirements. Places the burden on the Secretary to show that a specimen belongs to a species which is determined to be an endangered or threatened species. Authorizes civil suits by persons who have suffered or are threatened with economic or other injury resulting from actions by Federal officials with respect to enforcement of the Act under specified circumstances. (Sec. 202) Defines, for purposes of the Act: (1) "take" to mean to harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in that conduct; and (2) "harm" to mean to take a direct action against any member of an endangered species of fish or wildlife that actually injures or kills a member of the species. (Sec. 203) Authorizes non-Federal persons to initiate consultation with the Secretary on any prospective activity: (1) to determine if the activity is consistent with a conservation plan or objective; or (2) if the person determines that the activity is inconsistent, to determine whether the activity is likely to jeopardize the continued existence of an endangered or threatened species or to destroy or adversely modify the designated critical habitat of the species in a manner that is likely to jeopardize the continued existence of the species. (Sec. 204) Sets forth or revises provisions regarding: (1) incidental take permit requirements; (2) general, research, and educational permits; (3) maintenance of aquatic habitats for listed species; (4) compliance with international requirements and treaties; and (5) incentives for protection of marine species. Title III: Improving Scientific Integrity of Listing Decisions and Procedures - Revises provisions of the Act regarding determinations that a species is endangered or threatened to direct the Secretary to make such determinations based on specified factors, including: (1) the present or threatened loss of its habitat; and (2) the inadequacy of existing Federal, State, and local government regulatory mechanisms. Requires the Secretary to make such determinations solely on the basis of the best scientific and commercial data available after conducting a review of the status of the species and after soliciting and fully considering the best scientific and commercial data available concerning the status of a species from any affected State or any interested non-Federal person, taking into account other specified factors. Sets forth or revises provisions regarding: (1) consideration of State recommendations; (2) listing of foreign species; (3) soliciting scientific information; (4) emergency listings; (5) use of the best scientific and commercial data; (6) identifying data used for decisions; (7) judicial review; (8) peer review; (9) making data public; (10) improving the petition and designation processes; (11) greater State involvement; (12) monitoring the status of species; and (13) petitions to delist species. Title IV: Recognizing Other Federal Action, Laws, and Missions - Amends the Act to direct: (1) the Secretary to review other programs administered by the Secretary and utilize such programs in furtherance of the purposes of the Act; and (2) each Federal agency to ensure that any action authorized, funded, or carried out by such agency is not likely to jeopardize the continued existence of any endangered or threatened species or destroy or adversely modify any habitat that is designated by the Secretary as critical habitat of the species in a manner that is likely to jeopardize the continued existence of the species. Sets forth provisions regarding: (1) involvement of applicants for Federal approvals; (2) conferring on candidate species; (3) limitations on modifications to land management; (4) resolving conflicts between Federal agencies; (5) procedures for consultation; and (6) activities prior to completion of consultation. (Sec. 402) Sets forth provisions regarding exemptions from consultation and conferencing requirements. Specifies that an agency action shall not constitute a taking of a species prohibited by the Act or any regulation thereunder if the action is consistent with those provided for in a final conservation plan or a conservation objective under this Act, or a cooperative management agreement or an incidental take permit. (Sec. 403) Eliminates the Endangered Species Committee and related provisions. Title V: Better Management and Conservation of Listed Species - Amends the Act to direct the Secretary to publish a conservation objective and a conservation plan for each species determined to be an endangered or threatened species. Requires the Secretary: (1) within 30 days after the listing determination, to appoint an assessment and planning team (which shall report to the Secretary within 180 days the assessment of specified biological, economic, and intergovernmental factors with respect to the listed species); and (2) within 210 days, to review the report to establish a conservation objective for the species and publish in the Federal Register the conservation objective, along with a statement of findings on which the objective was established. (Sec. 502) Directs the Secretary, in the development and implementation of a conservation plan, to accord specified priorities, including to: (1) the development of an integrated plan for two or more endangered or threatened species that are likely to benefit from an integrated conservation plan; and (2) nonregulatory, incentive-based conservation measures and commercial activities that provide a net benefit to the conservation of the species. Sets forth provisions regarding: (1) publication of a draft plans; (2) contents of such plan; (3) plan preparation procedures; (4) publication of a final plan; (5) participation by other persons; (6) plan revision or amendment; and (7) lack of further procedures or requirements for actions consistent with the conservation plan. (Sec. 503) Delineates procedures regarding: (1) management prior to publication of a conservation plan; (2) emergency rulemaking protections; (3) suspension of conservation plans or objectives; (4) non-delegation of duties; and (5) review of conservation plans. (Sec. 504) Authorizes the Secretary to: (1) designate critical habitat of a species determined to be an endangered or threatened species that meets specified requirements utilizing the National Biodiversity Reserve (see Title VI) as a first priority; and (2) revise a critical habitat designation on determining that such habitat does not meet such requirements. Sets forth provisions regarding: (1) deadlines for designation; (2) basis for designation (directs the Secretary to exclude any area from critical habitat which does not meet the definition as set forth in this Act, which is not necessary to achieve the conservation objective for the affected species, for which the Secretary determines that the benefits of exclusion outweigh the benefits of designation (with exceptions), and in the case of property owned by a non-Federal person, where the owner has not given written consent to the designation or has not been compensated); (3) procedure for designation; and (4) judicial review of the critical habitat designation. Sets forth provisions regarding: (1) the standard for judicial review of decisions regarding conservation objectives or plans; (2) conservation plans for foreign species; and (3) the definition of critical habitat. (Sec. 505) Authorizes the Secretary to: (1) utilize captive propagation as a means of protecting or conserving an endangered or threatened species; and (2) provide annual grants to non-Federal persons to fund captive propagation programs if the Secretary determines that such a program contributes to enhancement of the population of such a species. (Sec. 506) Revises provisions regarding experimental populations to require the Secretary, before authorizing the release of a population of endangered or threatened species outside the current range of such species, to identify the precise boundaries of the geographic area for the release and determine whether the release is in the public interest. Provides that: (1) any member of an experimental population found outside the geographic area in which the population is released shall not be treated as a threatened species if the member poses a threat to the welfare of the public; and (2) critical habitat shall not be designated under the Act for any experimental population determined to be not essential to the continued existence of a species. Sets forth requirements for releases of such populations, including that the Secretary require that: (1) to the maximum extent practicable, the release occurs only in a unit of the National Park System or the National Wildlife Refuge System; (2) the regulations authorizing the release identify precisely the geographic area for the release; and (3) a release on non-Federal land occurs only with the written consent of the owner of the land. (Sec. 507) Revises provisions regarding regulations to protect threatened species to direct the Secretary to issue, concurrently with the regulation that provides for the listing of the species, such regulations as the Secretary deems necessary and advisable to provide for the conservation of such species. Specifies that prohibitions applied to the threatened species shall address the specific circumstances of such species and may not be as restrictive as such prohibition for endangered species. Requires conservation guidelines to include a system for developing and implementing, on a priority basis, conservation objectives and conservation plans. Directs the Secretary to provide to the public notice of, and opportunity to submit written comments on, any guideline proposed to be established. Title VI: Habitat Protections - Establishes a National Biological Diversity Reserve, composed of units of Federal and State lands designated and managed in accordance with this title. Directs the Secretary and the Secretary of Agriculture to designate to the Reserve by regulation those units of the national conservation systems which are within the jurisdiction of the Secretary concerned and which the Secretary determines would contribute to the protection, maintenance, and enhancement of biological diversity. Directs the Secretary to: (1) designate to the Reserve a unit of State-owned lands if such unit is nominated for designation by the Governor of the State and is managed under State law in accordance with this title; (2) designate to the Reserve privately owned land that is nominated for designation by the owner of the land, and remove such land from the Reserve if the owner requests removal; (3) remove from the Reserve a unit designated which the Secretary finds is not managed under State law in accordance with this title; and (4) remove from the Reserve any State-owned lands at the request of the Governor of that State. Requires: (1) each unit of the Reserve to have as an objective for the management thereof the preservation, maintenance, and enhancement of biological diversity; and (2) within one year of the designation of a unit to the Reserve, the manager of such unit to complete, and the Secretary concerned to make available to the public by notice in the Federal Register, an inventory of the species composing the biological diversity within such unit. (Sec. 602) Directs the Secretary, and the Secretary of Agriculture with respect to the National Forest System, to establish and implement a program to conserve fish, wildlife, and plants, including those which are determined to be endangered or threatened species. Provides that, to carry out such program, the appropriate Secretary: (1) shall utilize the land acquisition and other authority under the Fish and Wildlife Act of 1956, the Fish and Wildlife Coordination Act, and the Migratory Bird Conservation Act, as appropriate; and (2) is authorized to acquire lands, waters, or interests therein (lands). (Sec. 603) Directs the Secretary and the Secretary of Agriculture to encourage exchanges of lands within the jurisdiction of each Secretary (other than units of the National Park System and the National Wilderness Preservation System) for lands that are not in Federal ownership and that are affected by this Act. Sets forth provisions regarding the timing of exchanges, environmental assessment, expeditious exchange decisions, applicable law, and valuation of lands acquired. Title VII: State Authority to Protect Endangered and Threatened Species - Authorizes the Secretary to delegate to a State which establishes and maintains an adequate program for the conservation of endangered and threatened species the authority contained in this Act with respect to species of fish, wildlife, and plants that are residents in the State. Requires the Secretary, within 120 days after receiving a certified copy of a proposed State program, to determine whether such program will be adequate to provide protections to endangered and threatened species in such State, based on specified guidelines. Sets forth provisions regarding: (1) Federal financial assistance to a State which has received such delegation; (2) contents of a delegation agreement; (3) State compliance with this Act; (4) review of State programs; and (5) conflicts between Federal and State laws. (Sec. 702) Directs the Secretary, in any instance in which a State has a program for management of a native species which is the subject of a request for an export permit under the Convention on International Trade in Endangered Species of Wild Fauna and Flora, to act in accordance with the recommendation of the State unless the Secretary makes a finding and publishes a notice in the Federal Register that scientific evidence justifies a conclusion contrary to the advice of the State. Authorizes the State which is subject to such a finding, or any person in that State directly affected because of inability to obtain a permit, to appeal the finding to an administrative law judge or a court. Places the burden on the Secretary to show that the evidence supports a finding contrary to the recommendation of the State. Title VIII: Funding of Conservation Measures - Authorizes appropriations to the Departments of the Interior, Commerce, and Agriculture through FY 2001 to carry out the Act, including for cooperative management agreements, Convention implementation, non-Federal conservation planning, and habitat conservation grants. (Sec. 802) Directs the Secretary, for any non-Federal person or Federal power marketing administration, to pay half of any direct costs that result from the compliance by the person or administration mandated by a conservation plan or measure that provides protection to a listed species under a plan developed under the Pacific Northwest Electric Power Planning and Conservation Act, including a plan that provides protection to a larger population unit of the same listed species. Sets forth provisions regarding consultation requirements, incidental take permits, cooperative management agreements, method of cost-sharing, existing cost-sharing agreements, and adjustments to the cost-sharing percentage. (Sec. 803) Establishes in the Treasury an Endangered Species and Threatened Species Conservation Trust Fund. Title IX: Miscellaneous Provisions - Defines or redefines the terms: (1) "non-Federal person"; and (2) "commercial activity." (Sec. 902) Directs the Secretary to: (1) identify those species which are listed under the Act as a result of being determined to be a population segment; and (2) review and determine whether or not it is in the national interest to continue to list each such segment. Requires those segments which the Secretary recommends for continued listing to be submitted to the Congress for approval, and that any segment not determined to be in the national interest to be delisted. (Sec. 903) Requires the Secretary to publish a list of all species that were determined to be endangered or threatened species for which no final recovery plans were issued, divided equally into three tiers of priority for preparation of conservation objectives and plans (with any species listed as an endangered or threatened species in more than one State being placed in the first tier of priority). Directs the Secretary to publish a conservation objective, draft conservation plan, and final conservation plan for each species within each tier of priority according to a specified timetable. Sets forth provisions regarding: (1) priority for revision of existing plans (for listed species with recovery plans); (2) a schedule for revision of plans; (3) species for which no conservation plan is required; (4) a prohibition on additional requirements; and (5) existing biological opinions.
Bill· HRH.R. 2280 (104th)referred
United States · United States Congress · 7 September 1995
Medicare and Medicaid Payment Integrity Act of 1995 - Amends part A of title XI of the Social Security Act to establish in the Treasury the HHS Fraud and Abuse Control Fund containing various specified penalties and damages imposed under Federal law, as well as certain other amounts, to combat fraud and abuse under the Medicare and Medicaid programs under titles XVIII and XIX of the Social Security Act. Authorizes appropriations. Provides for a benefit quality assurance program under the Medicare program for reviewing the activities of service providers and others, auditing cost reports, and other specified activities. Amends the Congressional Budget Act of 1974 to provide for various specified reductions in discretionary spending limits over a three year period.
Bill· SS. 1217 (104th)referred
United States · United States Congress · 6 September 1995
Medical Volunteer Act - Requires that a health care professional who provides a health care service to a medically underserved person without receiving compensation be regarded, for purposes of any medical malpractice claim arising in connection with the service, as a Federal employee for purposes of the Federal tort claims provisions of Federal law relating to the judiciary and judicial procedure. Deems the professional to have provided the service without compensation only if, prior to furnishing the care, the professional: (1) agrees to furnish the service without charge to any person, including any insurance or program covering the recipient; and (2) provides the recipient with notice of the limited liability. Preempts inconsistent State laws, but not State laws providing greater incentives or protections to the professional.
Bill· SS. 1209 (104th)referred
United States · United States Congress · 6 September 1995
Responsible Parenthood Act of 1995 - Amends title V (Maternal and Child Health Services) of the Social Security Act to provide for various specified program changes, including: (1) an increase in funding under such program, as well as a corresponding increase in Federal set-asides; (2) provision and promotion of abstinence and adoption-related services; (3) prohibitions on the use of funds for family planning services in schools and for programs or projects that provide abortions or abortion counseling or referral; (4) additional application requirements related to maximizing the role of families and religious and charitable organizations in solving problems relating to parenthood or adolescent pregnancies; and (5) new reporting requirements for the State and the Secretary of Health and Human Services involving State activities in connection with program services relating to abstinence and adoption. Amends the Public Health Service Act to repeal certain programs and demonstration projects related to population research and voluntary family planning as well as adolescent family life.
Bill· SS. 1214 (104th)referred
United States · United States Congress · 6 September 1995
TABLE OF CONTENTS: Title I: Maternal Health Certificates Program Title II: Maternity Home Demonstrations Title III: Rehabilitation Grants for Maternity Housing and Services Facilities Title IV: Miscellaneous Provisions Maternity Shelter Act of 1995 - Title I: Maternal Health Certificates Program - Mandates a program to provide maternal health certificates for pregnant women for maternity home services, basing eligibility on income. Authorizes appropriations. Title II: Maternity Home Demonstrations - Authorizes demonstration grants to any State for maternity services for individuals under the age of 19 who have not completed high school and either are pregnant or have given birth in the last 90 days. Authorizes appropriations. Title III: Rehabilitation Grants for Maternity Housing and Services Facilities - Mandates a program of, and authorizes grants for, assistance to nonprofit entities for rehabilitation of existing structures to provide housing and services to pregnant women. Authorizes appropriations. Title IV: Miscellaneous - Prohibits using amounts under this Act to: (1) perform abortions or provide abortion counseling or referrals; (2) subcontract or make payments to those who do so; or (3) advocate, promote, or encourage abortion.
Bill· SS. 1197 (104th)referred
United States · United States Congress · 11 August 1995
Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to allow, notwithstanding specified provisions of the Public Health Service Act (PHSA), dissemination to individuals and entities involved in health care (including practitioners, managed care organizations, insurers, and governmental agencies) written information (or an oral or written summary thereof) concerning: (1) a treatment use for an investigational new drug or an investigational biological product approved for that use; or (2) a use (whether or not the use is contained in the official labeling) of a new drug or a biological product for which a new drug application, an abbreviated new drug application, a certification of an antibiotic drug, or a product license issued under the PHSA has been approved. Sets forth restrictions and requirements. Allows, notwithstanding any other provision of law, dissemination to individuals and entities involved in health care (including practitioners, managed care organizations, insurers, and governmental agencies) written or oral information relating to a use (whether or not described in the official labeling) of a device registered under specified FDCA provisions. Sets forth restrictions and requirements. Declares that, notwithstanding any other provision of law, the dissemination shall not be construed as evidence of a new intended use or considered as labeling, adulteration, or misbranding of the device.
Bill· SS. 1193 (104th)referred
United States · United States Congress · 11 August 1995
Medicare Waste and Abuse Reduction Act of 1995 - ProhibitsMedicare reimbursement of charges for tickets to sporting or other entertainment events, gifts or donations, and other specified items. Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to establish competitive acquisition areas within metropolitan statistical areas, based on the availability and accessibility of suppliers and the probable savings to be realized. Requires: (1) competitive bidding for durable medical equipment and supplies; and (2) reductions in excessive payments for oxygen and certain other items, in specified circumstances, in order to reduce waste and abuse in the program.
Bill· SS. 1181 (104th)referred
United States · United States Congress · 11 August 1995
Medicare PET Coverage Act of 1995 - Provides that nothing in title XVIII (Medicare) of the Social Security Act, or any other provision of law, regulation, policy, or interpretative statement, shall be construed to prohibit under Medicare parts A (Hospital Insurance) or B (Supplementary Medical Insurance) coverage of, and payment for, items and services associated with the use of positron emission tomography (PET) for a covered medical indication where the use meets specified conditions. Directs the Secretary of Health and Human Services to revise the Medicare national coverage decision relating to coverage of PET to be consistent with this Act. Provides that nothing in this paragraph shall be construed as preventing the Secretary from expanding such decision beyond the coverage required.
Bill· SS. 1191 (104th)referred
United States · United States Congress · 11 August 1995
Consumer Access to Prescription Drugs Act of 1995 - Regulates the patent expiration date regarding new drug and new animal drug applications submitted before June 8, 1995 (or submitted after that date but with substantial investment before that date). Declares that the remedies of certain patent provisions shall not apply to acts that were commenced (or that had substantial investment) before that date and that became infringing by reason of specified provisions of the Uruguay Round Agreements Act. Restricts the circumstances in which equitable remuneration may be awarded. Sets forth what constitutes: (1) acts commenced prior to that date; and (2) substantial investment. Specifies the application approval and judicial circumstances to which this Act applies.
Bill· SS. 1166 (104th)reported
United States · United States Congress · 10 August 1995
TABLE OF CONTENTS: Title I: Amendments to the Federal Insecticide, Fungicide, and Rodenticide Act Subtitle A: Registration of Pesticides Subtitle B: Minor Use Crop Protection Subtitle C: Conforming Amendments Title II: Data Collection and Improved Procedures to Ensure that Tolerances Safeguard the Health of Infants and Children Title III: Amendments to the Federal Food, Drug, and Cosmetic Act Food Quality Protection Act of 1995 - Title I: Amendments to the Federal Insecticide, Fungicide, and Rodenticide Act - Subtitle A: Registration of Pesticides - Amends Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) reregistration provisions to require the Administrator of the Environmental Protection Agency (EPA), as soon as the Administrator has sufficient information with respect to the dietary risk of a particular active ingredient (but no later the date of a reregistration determination), to: (1) reassess each associated tolerance (or tolerance exemption) issued under Federal Food, Drug, and Cosmetic Act (FDCA) provisions regarding pesticide residues in raw agricultural commodities; (2) determine whether the tolerance or exemption meets FDCA requirements and whether additional such tolerances or exemptions should be issued; and (3) commence proceedings under both FIFRA and FDCA as are warranted. Establishes a science review board to assist the scientific advisory panel that comments on decisions of the Administrator to cancel a pesticide's registration or change its classification and on regulations issued under FIFRA. Revises the definition of "unreasonable adverse effects on the environment" to include among such effects a human dietary risk from residue that results from use of a pesticide inconsistent with the standard determined by the Administrator to be adequate to protect the public health under FDCA. Subtitle B: Minor Use Crop Protection - Amends FIFRA to define "minor use" as the use of a pesticide on an animal or commercial agricultural crop or site or for public health protection where: (1) the total U.S. acreage for the crop is fewer than 300,000 acres; or (2) the Administrator of the Environmental Protection Agency determines that the use does not provide sufficient economic incentive to support the initial or continuing registration of a pesticide for such use and there are insufficient alternatives available for the use, any one of the alternatives poses greater environmental or health risks, or the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Extends the period of exclusive data use for data submitted to support original registration applications for pesticides for an additional year for each three minor uses registered after this Act's enactment and before the expiration of the period of exclusive use, up to a total of three additional years for all minor uses registered by the Administrator if the Administrator determines that: (1) there are insufficient alternatives available for the use or any one of the alternatives poses greater environmental or health risks; or (2) the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Requires the Administrator, upon the request of a registrant, to extend the deadline for the production of residue chemistry data required solely to support a minor use subject to specified conditions. Applies the same extension conditions to data for reregistrations. Authorizes the Administrator to modify or revoke such extensions if the use may cause unreasonable adverse environmental effects. Permits the Administrator, in handling the registration of a pesticide for a minor use, to waive applicable data requirements if the absence of data will not prevent the Administrator from determining the risk presented by the pesticide and that the risk would not have an adverse environmental effect. Provides for expedited review (within one year of submission) of applications to support minor use pesticide registrations. Provides a procedure for meeting data requirements where a registrant has voluntarily cancelled a registration and another application is pending for registration of a pesticide that is for a minor use and is identical or substantially similar to, or for an identical or substantially similar use as, the cancelled pesticide. Directs the Administrator to establish a minor use program. Directs the Secretary of Agriculture to establish a Department of Agriculture minor use program and a separate matching fund program. Requires the matching fund program to be utilized to ensure the continued availability of minor use crop protection chemicals. Authorizes appropriations. Subtitle C: Conforming Amendments - Makes conforming amendments to FIFRA related to pesticide minor uses. Title II: Data Collection and Improved Procedures to Ensure That Tolerances Safeguard the Health of Infants and Children - Directs the Administrator and the Secretaries of Agriculture and Health and Human Services to establish procedures to ensure that pesticide tolerances adequately safeguard the health of infants and children based on the recommendations of a specified report prepared by the National Research Council of the National Academy of Sciences. Directs the Secretary of Agriculture: (1) to collect pesticide use data of statewide or regional significance for all the major crops and crops of dietary significance; and (2) in cooperation with the Administrator, to implement research, demonstration, and education programs to support adoption of integrated pest management. Requires Federal agencies to use and promote integrated pest management techniques. Title III: Amendments to the Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to redefine "pesticide chemical," subject to exception, as any substance that is a pesticide, or any active ingredient thereof, within the meaning of FIFRA. Defines "pesticide chemical residue," subject to exception, as a residue in or on a raw agricultural commodity or processed food of a pesticide chemical or any other added substance present as a result of a pesticide chemical's metabolism or other degradation. Deems a processed food not to be adulterated, within the meaning of FDCA, if there are present pesticide chemical residues at tolerance levels not considered unsafe. (Current law treats only raw agricultural commodities in this manner.) Sets forth requirements relating to tolerances and exemptions from tolerances for pesticide chemical residues in food, including residues of degradation products, which allow the presence in processed food at the tolerance applicable to the raw agricultural commodity from which the processed food is made. Prohibits establishment of a tolerance that is more stringent than a level the Administrator determines is adequate to protect the public health (i.e., if the dietary risk posed by such level of residues is negligible). Allows a greater than negligible dietary risk if: (1) use protects from greater adverse health effects to humans or the environment; (2) use avoids greater risks from another pesticide; or (3) the unavailability of the pesticide would reduce the availability of an adequate, wholesome, and economical domestic supply of the food. Prohibits issuance of a final rule that revokes, modifies, or suspends a tolerance or exemption until the Administrator has taken any necessary action under FIFRA with respect to the registration of the pesticide involved. Requires the Administrator, where a pesticide is labeled for use on a particular food, to: (1) revoke any tolerance or exemption that allows the presence of a particular chemical or its residue in or on such food if the Administrator cancels the registration of each pesticide that contains the chemical or modifies it to prohibit the pesticide's use in connection with such food; and (2) suspend any such tolerance or exemption upon the suspension of the use of each pesticide that contains the chemical. Provides for: (1) tolerances for unavoidable residues in the case of a residue of a canceled or suspended pesticide chemical that will unavoidably persist in the environment and be present in or on a food; and (2) residues resulting from an application which was lawful at the time of application but with respect to which the tolerance or exemption has since been revoked, suspended, or modified. Prohibits, subject to exception, a State from enforcing any limit on a qualifying pesticide chemical residue (as defined in this Act) in or on any food which is not identical to Federal requirements. Prohibits a State, absent an unreasonable dietary risk, from enforcing a limit on the level of residues in any food if the sale of such food containing such residue level was lawful at the time of application of the pesticide. Authorizes appropriations for increased monitoring of pesticide residues in imported and domestic food.
Bill· SS. 1164 (104th)open
United States · United States Congress · 10 August 1995
Technology Transfer Improvements Act of 1995 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 regarding title to intellectual property arising from cooperative research and development agreements (CRADAs) to provide: (1) the collaborating partner with the option to choose an exclusive or nonexclusive license for a field of use for a resulting CRADA invention; (2) confidentiality of commercial information; and (3) limited Government use rights under specified circumstances, such as public health and safety needs. Provides, with regard to income distribution from intellectual property received by Federal laboratories, for: (1) agency payments of $2000 plus 15 percent of future royalties to the inventor, and payments to other contributing personnel; and (2) laboratory use of royalties for related research and other expenses.
Bill· SS. 1180 (104th)open
United States · United States Congress · 10 August 1995
TABLE OF CONTENTS: Title I: Mental Health Title II: Substance Abuse Title III: General Provisions Title IV: Reauthorization of Protection and Advocacy for Mentally Ill Individuals Act of 1986 Title V: Reauthorization of Certain Institutes Title VI: Transition Provisions and Effective Dates SAMHSA Reauthorization, Flexibility Enhancement, and Consolidation Act of 1995 - Title I: Mental Health - Amends the Public Health Service Act to repeal provisions relating to block grants to States for community mental health services. Declares that the goal of these provisions is for the States and the Federal Government, in partnership, to improve the quality of life of adults with a serious mental illness and children with a serious emotional disturbance and to improve the overall mental health of U.S. citizens. Mandates establishment of a list of performance partnership objectives and a core set of not more than five of the objectives addressing mental health problems of national significance. Requires a State, to be eligible for a grant under these provisions, to propose a partnership containing one or more objectives from the list. Allows objectives not on the list. Provides for negotiations. Mandates a grant to each State with which agreement is reached. (Sec. 102) Requires that a State report relating to the grant be reviewed by the State mental health planning council. (Sec. 103) Allows the Secretary of Health and Human Services to afford a State an opportunity to correct or mitigate a failure to meet maintenance of effort requirements. (Sec. 104) Allows grant funds to be provided to a for-profit entity if the State determines it is appropriate and beneficial to facilitate the integration of the State Medicaid (title XIX of the Social Security Act) program or mental health managed care programs under Medicaid. (Sec. 105) Authorizes appropriations to carry out subpart I (Block Grants for Community Mental Health Services) and subpart III (General Provisions) of title XIX (Block Grants) and provisions relating to data collection with respect to mental health. (Sec. 106) Revises requirements regarding reservation of certain percentages for data collection, technical assistance, and evaluations. Mandates grants and contracts to States for the development and strengthening of State core capacity for data collection and evaluation. Authorizes the Secretary of Health and Human Services to collect data, directly or through grants, contracts, or cooperative agreements, as needed to carry out part B (Block Grants Regarding Mental Health and Substance Abuse). (Sec. 107) Allows grants (under existing provisions) for services for persons who have serious mental illness and who are (or are at risk of being) homeless to be used for: (1) ongoing assistance for rent and living costs for individuals in outpatient treatment; and (2) education of the judiciary regarding commitment and mental illness. Authorizes grants or contracts for mental health, outreach, and case management services to individuals with serious mental illness who have been committed to outpatient treatment. Authorizes appropriations to carry out the existing provisions mandating grants for services for persons who have serious mental illness and who are (or are at risk of being) homeless. Repeals provisions authorizing grants, contracts, and cooperative agreements for mental health and substance abuse treatment services for homeless individuals. Prohibits allocating funds under any authority for the "Access to Community Care and Effective Services and Supports" (ACCESS) program. (Sec. 108) Replaces provisions authorizing grants for mental health demonstration projects with provisions authorizing grants or cooperative agreements to address priority mental health needs of regional and national significance: (1) through training or through demonstration projects for prevention, treatment, and rehabilitation; and (2) through evaluation of the demonstration projects. Requires inclusion of child mental health services. Mandates information and education programs to disseminate the findings of the demonstration and training programs. Authorizes appropriations. (Sec. 109) Repeals provisions of the Public Health Service Act relating to mental health: (1) clinical training and clinical traineeships, research, and demonstrations; (2) obligatory service in return for certain mental health clinical traineeships; and (3) demonstrations for counseling and mental health treatment for those testing positive for the etiologic agent for acquired immune deficiency syndrome (AIDS) and their families. Repeals provisions of the Stewart B. McKinney Homeless Assistance Act relating to community-based mental health services to homeless individuals who are chronically mentally ill. (Sec. 110) Amends the Public Health Service Act to authorize appropriations to carry out provisions relating to children with serious emotional disturbances. Allows waiver regarding required mental health services for Indian tribes and specified U.S. territories and possessions. Title II: Substance Abuse - Repeals provisions relating to block grants to States for substance abuse prevention and treatment. Declares that the goal of these provisions is for the States and the Federal Government, in partnership, to reduce substance abuse and dependence, improve access and effectiveness regarding prevention and treatment, and reduce personal and community risks for substance abuse. Mandates establishment of a list of performance partnership objectives and a core set of not more than five of the objectives addressing substance abuse problems of national significance. Requires a State, to be eligible for a grant under these provisions, to propose a partnership containing one or more objectives from the list. Allows objectives not on the list. Provides for negotiations. Mandates a grant to each State with which agreement is reached. (Sec. 202) Removes provisions requiring minimum allocations for activities regarding alcohol and regarding other drugs. Revises minimum allocation requirements regarding substance abuse treatment for pregnant women and women with dependent children. (Sec. 203) Modifies requirements regarding the provision of tuberculosis services and HIV (human immunodeficiency virus) disease early intervention services in conjunction with substance abuse treatment. (Sec. 204) Ends, for States not (at the time of enactment of this Act) using a revolving fund for housing for individuals recovering from alcohol or drug abuse, a requirement to use such a fund. Repeals, effective September 30, 1998, provisions requiring such a fund. (Sec. 205) Requires States to establish and maintain a State substance abuse prevention and treatment planning council. (Sec. 206) Removes provisions: (1) requiring an improved treatment referral process; and (2) authorizing waiver of coordination requirements. (Sec. 207) Revises procedures applicable to noncompliance States, allowing an opportunity to correct or mitigate. (Sec. 208) Allows grant funds to be provided to a for-profit entity if: (1) the State determines it is appropriate and beneficial to facilitate the integration of the State Medicaid (title XIX of the Social Security Act) program or substance abuse managed care programs under Medicaid; (2) the entity is certified or licensed by the State; (3) all profits are redistributed to the community served; and (4) for a private for-profit entity, the entity is the only available provider in the area. (Sec. 209) Authorizes appropriations to carry out subpart II (Block Grants for Treatment of Substance Abuse), subpart III (General Provisions) of title XIX (Block Grants), and provisions relating to a national data base on substance abuse prevention. (Sec. 210) Revises requirements regarding reservation of certain percentages for data collection, technical assistance, a data base, and evaluations. Mandates grants and contracts to States for the development and strengthening of State core capacity for data collection and evaluation. (Sec. 211) Replaces provisions relating to substance abuse treatment demonstration projects of national significance with provisions authorizing grants or cooperative agreements to address substance abuse health needs of regional and national significance: (1) through training or through demonstration projects for prevention and treatment; and (2) through evaluation of the demonstration projects. Requires inclusion of prevention activities. Permits inclusion of managed care, systems and partnerships, client-oriented services, and other priority populations and conditions. Mandates information and education programs to disseminate the findings of the research, demonstration, and training programs. Authorizes appropriations. (Sec. 212) Repeals provisions of the Public Health Service Act relating to: (1) residential treatment programs for pregnant and postpartum women; (2) outpatient treatment programs for pregnant and postpartum women; (3) substance abuse treatment in State and local criminal justice systems; (4) training in the provision of treatment services; (5) clinical training for substance abuse counselors and other health professionals involved in drug abuse education, prevention (sic); (6) community substance abuse prevention programs; (7) prevention, treatment, and rehabilitation model projects for high risk youth; (8) employee assistance programs; (9) the national capital area substance abuse treatment model program; (10) peer review of mental health and substance abuse block grants; and (11) grants to States to increase the number of individuals for whom treatment can be provided. Title III: General Provisions - Imposes reporting requirements regarding the mental health partnerships and substance abuse partnerships under this Act. (Sec. 302) Replaces provisions requiring Federal compliance reviews in at least ten States each year with provisions requiring Federal performance reviews every three to five years. (Sec. 303) Gives States an additional year to obligate grant funds. (Sec. 305) Repeals provisions specifying minimum mental health block grant allotments. (Sec. 306) Repeals: (1) part E (Narcotic Addicts and Other Drug Abusers) of title III (General Powers and Duties) of the Public Health Service Act; (2) titles III (Civil Commitment of Persons Not Charged With Any Criminal Offense) and IV (Rehabilitation and Posthospitalization Care Programs and Assistance to States and Localities) of the Narcotic Addict Rehabilitation Act of 1966 (NARA); and (3) chapter 175 (Civil Commitment and Rehabilitation of Narcotic Addicts) of the Federal criminal code. (Sec. 308) Modifies requirements regarding the composition of advisory councils for the Substance Abuse and Mental Health Services Administration, the Center for Substance Abuse Treatment, the Center for Substance Abuse Prevention, and the Center for Mental Health Services. Title IV: Reauthorization of Protection and Advocacy for Mentally Ill Individuals Act of 1986 - Amends the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to rename it as the "Protection and Advocacy for Individuals With Mental Illnesses Act." (Sec. 402) Authorizes appropriations to carry out provisions relating to protection and advocacy systems. (Sec. 403) Revises minimum allotment requirements. Title V: Reauthorization of Certain Institutes - Authorizes appropriations to carry out provisions relating to the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse (including a separate authorization of appropriations for its Medication Development Program), and the National Institute of Mental Health. Title VI: Transition Provisions and Effective Dates - Mandates development and implementation of, and authorizes a contract for, a process to: (1) establish a model set of mental health and substance abuse prevention and treatment objectives to; (2) determine the availability, relevancy, and sufficiency of data necessary to measure capacity, process, or outcomes regarding those objectives; and (3) if current data sets are inadequate, establish a plan to improve the availability, relevancy, and sufficiency of data. Exempts a State, when the objectives and data are relevant, sufficient, and available, from requirements regarding: (1) minimum allocation of funds for services to pregnant women and women with dependent children; (2) timely access to treatment for intravenous substance abuse; (3) tuberculosis and HIV (human immunodeficiency virus); (4) the sale of tobacco products to individuals under the age of 18; (5) treatment services for pregnant women; and (6) assessments of need. Authorizes the Secretary of Health and Human Services, if the Secretary determines that a State has a significant need to improve the outcomes regarding any of those requirements, to require the State to use an objective that addresses the purpose of the requirement. Declares that a project that receives support for FY 1996 through 1999 under specified provisions of the Public Health Service Act and that previously received support under other specified provisions of the Act for FY 1995 shall be subject to the requirements to which that project was subject for FY 1995 unless the Secretary determines otherwise.
Bill· SS. 1177 (104th)referred
United States · United States Congress · 10 August 1995
TABLE OF CONTENTS: Title I: Long-Term Care Tax Clarification Title II: Long-Term Care Insurance Standards Title III: Financial Eligibility Standards Title IV: Asset Transfers Title V: Miscellaneous Subtitle A: Subacute Care Continuum Amendments of 1995 Subtitle B: Establishment of Program for Home and Community-Based Services for Certain Individuals with Disabilities Subtitle C: Prospective Payment System for Nursing Facilities Quality Care For Life Act of 1995 - Title I: Long-Term Care Tax Clarification - Private Long-Term Care Insurance Incentive Amendments of 1995 - Amends the Internal Revenue Code to: (1) set forth definitions concerning the treatment of long-term care insurance or plans; (2) treat qualified long-term services as deductible medical care; (3) permit the offer of certain long-term care insurance contracts in certain employer (cafeteria) plans; (4) include in gross income excessive long-term care benefits; and (5) mandate that qualified long-term care insurance tax reserves be determined according to the reserve method prescribed by the National Association of Insurance Commissioners. Title II: Long-Term Care Insurance Standards - Long-Term Care Insurance Standards Amendments of 1995 - Directs the Congress to appoint the National Long-Term Care Insurance Advisory Council to advise it and monitor development of the long-term care insurance market. Authorizes appropriations. (Sec. 202) Amends the Internal Revenue Code to set forth consumer protection provisions regarding long-term care insurance policies. Sets forth tax penalties for non-complying issuers of such policies. (Sec. 204) Declares that insurance policies deemed by a State Insurance Commissioner to be in compliance with this Act and the Internal Revenue Code shall be deemed approved for sale in any other State. (Sec. 205) Directs the National Long-Term Care Insurance Advisory Council to develop recommendations for the use of uniform language and definitions in long-term care insurance policies for approval by Congress. Title III: Financial Eligibility Standards - Amends title XIX (Medicaid) of the Social Security Act to delineate the criteria for financial eligibility for nursing facility services. Directs the Secretary to provide grants for State demonstration projects to investigate the coordination of private long-term care insurance benefits and financial eligibility requirements. Title IV: Asset Transfers - Extends from 36 to 60 months the look-back period for asset transfers. Modifies the guidelines for such transfers with respect to the treatment of certain trusts. Title V: Miscellaneous - Subtitle A: Subacute Care Continuum Amendments of 1995 - Subacute Care Continuum Amendments of 1995 - Provides that the SSA shall not be construed as limiting a skilled nursing facility (SNF) from offering subacute care services. Prohibits the Secretary or the States from imposing conditions for such services which restrict SNFs from qualifying based upon their status. (Sec. 502) Instructs the Secretary, regardless of the issuance of final regulations, to: (1) grant an interim exception within 90 days of submission of a request by a SNF providing subacute care services; and (2) establish identical fee schedules for physician visits to a subacute care patient in a SNF or in a hospital. (Sec. 503) Provides coverage under the Medicare program for respiratory therapy services in a SNF. Requires the Secretary to determine and subsequently publish a list of hospital DRGs appropriate for SNFs and the appropriate hospitalizations and copayments and rebate Medicare payments which reflect the lower cost of such care provided in SNFs. (Sec. 504) Expresses the sense of the Congress that: (1) the States are encouraged to develop payment methodologies for nursing facilities which provide subacute care for Medicaid patients; and (2) Federal funding should be available for such nursing facilities. Subtitle B: Establishment of Program for Home and Community-Based Services for Certain Individuals With Disabilities - Home and Community-Based Services for Individuals with Disabilities Program Amendments of 1995 - Establishes a program which mandates that States having an approved State plan provide for home and community-based services for eligible individuals with disabilities. (Sec. 513) Increases the amount of an individual's resources which shall be disregarded when determining eligibility for inpatient nursing or intermediate care facilities for the mentally retarded. Subtitle C: Prospective Payment System for Nursing Facilities - Prospective Payment System for Nursing Facilities Amendments of 1995 - Mandates that payment rates under the Prospective Payment System for Nursing Facilities reflect enumerated objectives. Declares that this Act does not affect the skilled nursing facility benefit under title XVIII (Medicare) of the Social Security Act (SSA). (Sec. 527) Instructs the Secretary of Health and Human Services to: (1) establish a resident classification system which groups residents into classes according to similarity of their assessed condition and required services; and (2) determine payment rates for nursing facilities according to prescribed guidelines. (Sec. 528) Prescribes guidelines for: (1) resident assessment; (2) per diem rate for nursing service costs, administrative and general costs; (3) payment for fee-for-service ancillary services; (4) reimbursement of selected ancillary services including drugs and medical supplies; (5) the per diem rate for property costs; (6) mid-year adjustments; and (7) payment methods for new and low-volume nursing facilities. (Sec. 536) Details appeal procedures under this title.
Bill· SS. 1178 (104th)referred
United States · United States Congress · 10 August 1995
Cancer Screening and Prevention Act - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of various specified colon and colorectal screening tests and corresponding payment and frequency limits.
Bill· SS. 1138 (104th)referred
United States · United States Congress · 9 August 1995
Medicare Consumer Protection Act of 1995 - Revises title XVIII (Medicare) of the Social Security Act to modify the prohibition against selling or issuing a health insurance policy to an individual entitled to benefits under part A or enrolled under part B with the knowledge that such policy duplicates health benefits to which the individual is otherwise entitled under such title or title XIX (Medicaid). Exempts Medicare supplemental policies from such prohibition. Requires the duplication to be substantial before the prohibition applies. Makes such prohibition inapplicable to: (1) a health insurance policy providing for benefits payable to or on behalf of an individual without regard to other health benefit coverage of such individual; or (2) a health insurance policy, or a rider to an insurance contract which is not a health insurance policy, providing benefits only for long-term, nursing home, home health, or community-based care, or any combination thereof, that prevents duplication by coordinating against or excluding items and services available or paid for under medicare, and such coordination or exclusion is disclosed in the policy's outline of coverage. Modifies the prohibition against selling or issuing a Medicare supplemental policy to an individual entitled to benefits with the knowledge that such policy duplicates health benefits to which the individual is entitled under another Medicare supplemental policy. Declares that a seller (who is not the issuer) of such a policy shall not be considered to have violated this prohibition if the policy is sold in compliance with specified requirements and the statement indicates on its face that the sale will not duplicate health benefits to which the individual is otherwise entitled under another Medicare supplemental policy. Repeals: (1) the exemption from such prohibition of certain group policies or plans sold or issued to employees or former employees or members or former members of labor organizations; and (2) specified disclosure requirements with respect to duplication of benefits. Sets forth provisions regarding: (1) limitations on legal actions including causes of action that arose before specified dates; and (2) exclusivity of remedies available with respect to this Act's non-duplication requirements.
Law· SS. 1124 (104th)enacted
United States · United States Congress · 7 August 1995
TABLE OF CONTENTS: Title I: Procurement Subtitle A: Authorization of Appropriations Subtitle B: Army Programs Subtitle C: Navy Programs Subtitle D: Other Programs Title II: Research, Development, Test, and Evaluation Subtitle A: Authorization of Appropriations Subtitle B: Program Requirements, Restrictions, and Limitations Subtitle C: Missile Defense Title III: Operation and Maintenance Subtitle A: Authorization of Appropriations Subtitle B: Depot-Level Maintenance and Repair Subtitle C: Environmental Provisions Subtitle D: Civilian Employees Subtitle E: Defense Financial Management Subtitle F: Assistance for Civilian Activities Subtitle G: Operation of Morale, Welfare, and Recreation Activities Subtitle H: Other Matters Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: Military Training Student Loads Subtitle D: Authorization of Appropriations Title V: Military Personnel Policy Subtitle A: Officer Personnel Policy Subtitle B: Matters Relating to Reserve Components Subtitle C: Uniform Code of Military Justice Subtitle D: Decorations and Awards Subtitle E: Other Matters Title VI: Compensation and Other Personnel Benefits Subtitle A: Pay and Allowances Subtitle B: Bonuses and Special and Incentive Pays Subtitle C: Travel and Transportation Allowances Subtitle D: Commissaries and Nonappropriated Fund Instrumentalities Subtitle E: Other Matters Title VII: Health Care Subtitle A: Health Care Services Subtitle B: TRICARE Program Subtitle C: Uniformed Services Treatment Facilities Subtitle D: Other Changes to Existing Laws Regarding Health Care Management Subtitle E: Other Matters Title VIII: Acquisition Policy, Acquisition Management, and Related Matters Subtitle A: Acquisition Reform Subtitle B: Other Matters Title IX: Department of Defense Organization and Management Title X: General Provisions Subtitle A: Financial Matters Subtitle B: Naval Vessels Subtitle C: Counter-Drug Activities Subtitle D: Department of Defense Education Programs Subtitle E: Cooperative Threat Reduction With States of the Former Soviet Union Subtitle F: Matters Relating to Other Nations Subtitle G: Repeal of Certain Reporting Requirements Subtitle H: Other Matters Department of Defense Authorization Act for Fiscal Year 1996 - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1996 to the Army, Navy, Marine Corps, and Air Force for the procurement of aircraft, missiles, weapons, tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement. (Sec. 104) Authorizes appropriations for FY 1996 for: (1) defense-wide procurement; (2) reserve procurements; (3) the Defense Inspector General; (4) the chemical demilitarization program; and (5) the defense health program. Subtitle B: Army Programs - Authorizes the Secretary of the Army to enter into multiyear procurement contracts for AH-64D Longbow Apache attack helicopters. (Sec. 112) States that a prohibition under a prior defense authorization Act against the procurement of military helicopters shall not apply to the obligation of funds for procurement of up to 20 AHIP Scout aircraft from funds appropriated under this title. (Sec. 113) Prohibits any funds available to the Department of Defense (DOD) for FY 1996 from being obligated to procure Hydra 70 rockets until the Secretary of the Army submits to the Congress certain certifications with respect to technical corrections in such rocket, the costs of such corrections, and related information. Authorizes the Secretary of Defense (Secretary) to waive such certification requirement in the national security interest. Subtitle C: Navy Programs - Earmarks funds appropriated under this Act for the final Seawolf attack submarine and the first two submarines under the New Attack Submarine (NAS) program. Earmarks funds under the FY 1997 defense authorization Act for design, advance procurement, and research, development, test, and evaluation (RDT&E) under the NAS program. Requires competition in the procurement of the Seawolf and the NAS. Prohibits certain actions in order to ensure that Electric Boat Division and Newport News Shipbuilding retain the technical competencies to construct the NAS. Limits the FY 1996-1999 expenditure of funds for the Seawolf and the NAS. Requires certain reports. (Sec. 122) Amends the National Defense Authorization Act for Fiscal Year 1995 to repeal a prohibition on the backfitting of Trident submarines. (Sec. 123) Earmarks funds authorized under this title for the initial and final increment funding for two Arleigh Burke class destroyers. (Sec. 124) Authorizes the Secretary to provide in the future-years defense program for split funding of construction of new naval vessels satisfying specified requirements. Authorizes the Secretary of the Navy to contract for the construction of a new naval vessel upon appropriation of a first increment of funding for construction of the vessel. Subtitle D: Other Programs - Prohibits FY 1996 DOD RDT&E funds from being obligated or expended for the Tier II Predator unmanned aerial vehicle program. (Sec. 132) Allows the obligation of only one-sixth of the funding for the unmanned aerial vehicle joint program office before the Secretary of the Navy must certify to the House Armed Services and Senate National Security Committees (defense committees) that such systems have been equipped with the common automatic landing and recovery system. Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1996 for the armed forces for RDT&E and for basic research and exploratory development. Subtitle B: Program Requirements, Restrictions, and Limitations - Earmarks funds authorized under this title for specified phases of the AF117X long-range, medium attack aircraft. (Sec. 212) Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to empower the Under Secretary of Defense for Acquisition and Technology with the responsibility for developing and testing naval mine countermeasures systems during FY 1997 through 1999. (Currently, the Director, Defense Research and Engineering has such responsibility during FY 1995 through 1999.) (Sec. 213) Allows the obligation of no more than 50 percent of the funds authorized under this title for the Tomahawk Baseline Improvement Program before the Secretary of the Navy must certify to the defense committees with respect to certain testing under the Program. (Sec. 214) Directs the Secretary of the Air Force to structure the development schedule for the Space and Missile Tracking System so as to achieve a first launch of a System satellite in FY 2001, and to attain initial operational capability of a full constellation of such satellites in FY 2003. Requires the concurrence of the Director of the Ballistic Missile Defense Organization with respect to certain decisions made under the System. Authorizes FY 1996 appropriations. (Sec. 215) Directs the Secretary to perform an analysis of the full range of precision guided munitions in production and in RDT&E. Requires a report to the Congress on the Secretary's findings. Provides funding limitations until such report is received. (Sec. 216) Earmarks funds authorized under this title for: (1) Defense Nuclear Agency funding; (2) the tunnel characterization and neutralization program; and (3) the long-term radiation tolerant microelectronics program (with a required report). (Sec. 217) Earmarks funds authorized under this title for the Counterproliferation Support Program. Authorizes the Secretary, in the national interest, to transfer to the Program funds otherwise made available to DOD in this Division for FY 1996. Limits to $50 million the total authorized amount of such transfers. (Sec. 218) Directs the Secretary to establish in the Office of the Under Secretary of Defense for Acquisition and Technology a Program Office for Nonlethal Systems and Technologies to conduct RDT&E of nonlethal weapons applicable to forces engaged in both traditional and nontraditional military operations. Provides funding. (Sec. 219) Authorizes the obligation of funds appropriated or otherwise made available to DOD for FY 1996 to procure work from a federally funded research and development center named in a report from the Secretary to the defense committees. Prohibits any funding for such procurement until the report is received. Earmarks funds authorized under this title for such purpose. Authorizes the Secretary to waive the funding limitation as long as notice of, and the reasons for, such waiver are sent to the defense committees. Reduces by $90 million the total amount authorized under this title for RDT&E. (Sec. 220) Amends the National Defense Authorization Act for Fiscal Year 1995 to revise the determination of States eligible for the awarding of grants under the Defense Experimental Program to Stimulate Competitive Research. (Sec. 221) Repeals, with respect to the national defense technology and industrial base, defense reinvestment, and defense conversion programs: (1) certain definitions; (2) specified policy objectives; (3) the commercial-military integration partnerships program; (4) the regional technology alliances assistance program; (5) the Military-Civilian Integration and Technology Transfer Advisory Board; (6) the Navy Reinvestment Program; (7) the manufacturing extension programs; and (8) the defense dual-use assistance extension program. (Sec. 222) Directs the Secretary to: (1) use the manufacturing science and technology joint planning process of the directors of DOD laboratories in establishing the DOD manufacturing science and technology program; and (2) seek the participation of equipment manufacturers in the projects under such program. (Sec. 223) Directs the Secretaries of Defense and Energy to jointly submit to the Congress a report on DOD plans and programs to prepare for and respond to military and civil defense emergencies resulting from a chemical, biological, radiological, or nuclear attack on the United States. Subtitle C: Missile Defense - Missile Defense Act of 1995 - States the missile defense policy of the United States. Directs the Secretary to establish a top priority core theater missile defense (CTMD) program consisting of specified systems. Requires the Secretary to ensure that CTMD systems are interoperable and fully capable of external sensor and battle management support from defense systems of the various armed forces. Directs the Secretary to terminate the Corps Surface to Air Missile System and the Boost Phase Interceptor. Directs the Secretary to develop an affordable development plan for follow-on theater missile defense systems which: (1) leverages existing systems, technologies, and programs; and (2) focuses investments to satisfy military requirements not met by the CTMD program. Requires specified reports from the Secretary to the congressional defense (armed forces and appropriations) committees. (Sec. 235) Directs the Secretary to develop an affordable and operationally effective national missile defense (NMD) system which will attain initial operational capability by the end of 2003. Outlines NMD system requirements. Requires the: (1) development of an interim operational capability until the NMD system is in place and operational; (2) use of streamlined acquisition procedures in meeting the development and operational capability requirements of the NMD system; (3) employment of cost saving measures which do not decrease the operational effectiveness of the system or pose unacceptable technical risks; and (4) submission of a report from the Secretary to the congressional defense committees on the plan for NMD deployment. (Sec. 236) Directs the Secretary to undertake an initiative to coordinate and strengthen the cruise missile defense programs, projects, and activities of the military departments and defense agencies and organizations to ensure the development and deployment of highly effective defenses against existing and future cruise missile threats. Outlines provisions concerning: (1) actions to be taken by the Secretary with respect to such initiative; and (2) submission by the Secretary to the congressional defense committees of a detailed implementation plan for carrying out the initiative. (Sec. 237) Expresses the sense of the Congress that: (1) the Senate should undertake a comprehensive review of the continuing value and validity of the ABM Treaty, and recommend additional policy guidance on the future application of such Treaty; and (2) the President should cease all efforts to modify, clarify, or otherwise alter U.S. obligations under such Treaty pending the outcome of the review. Directs the Secretary to provide the Senate with a complete, unclassified version of the ABM Treaty negotiating record, authorizing the Secretary to waive the declassification requirements on a document-by-document basis. (Sec. 238) States that, until a missile or air defense system is flight- tested in an ABM-qualifying flight test, such system, upgrade, or component: (1) has not been tested in an ABM mode, for Treaty purposes; and (2) is therefore not subject to Treaty application, limitation, or obligation. Prohibits appropriated funds from being expended or obligated by any government official to apply such Treaty to RDT&E or deployment of such non-qualifying air or missile defense systems. Ceases the application of such prohibition when a system is flight tested in an ABM-qualifying manner. Requires the Secretary to annually certify to the Congress that no U.S. air or missile defense system is being constrained by the ABM Treaty in a manner inconsistent with this section. Finds that ballistic missile range and velocity parameters should be subject to the Senate's review under section 237. (Sec. 239) Requires amounts requested for activities of the Ballistic Missile Defense Organization in annual budget justification materials submitted to the Congress to be set forth in accordance with specified program elements. Provides the origin of funding for non-core TMD, core TMD, and battle management, control, communications, and intelligence programs. Requires each program element to include requests for amounts necessary for management and support of the programs. (Sec. 241) Repeals various missile defense provisions of specified Acts made inconsistent by this Subtitle. Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1996 for the armed forces and specified agencies and activities of DOD for operation and maintenance (O&M). Authorizes appropriations for FY 1996 for: (1) DOD working capital and revolving funds; and (2) operation of the Armed Forces Retirement Home. (Sec. 304) Transfers a specified amount from the National Defense Stockpile Transaction Fund to O&M accounts for FY 1996. Subtitle B: Depot-Level Maintenance and Repair - Directs the Secretary to develop and report to the defense committees a comprehensive policy on the performance of depot-level maintenance and repair (DLMR) for DOD, with a primary objective of a ready and controlled source of technical competence and repair and maintenance capabilities necessary for national security across a full range of current and projected training and operational requirements. Repeals: (1) a current requirement that no more than 40 percent of the DOD DLMR be performed by non-Government personnel; and (2) a provision prohibiting the contracting out of DOD DLMR activities of at least $3 million without using competitive selection procedures. (Sec. 312) Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1996 the authority for aviation depots and naval shipyards to engage in defense-related production and services. Subtitle C: Environmental Provisions - Allows agreements for environmental restoration services performed by another Federal or State agency to provide for reimbursement to such agency only of the technical and scientific services obtained, with an FY 1996 reimbursement limitation of $5 million. Allows the Secretary to pay reimbursement expenses in excess of such amount after certifying to the Congress that such payment is essential for the management of the Defense Environmental Restoration Program, and 60 days have expired since such certification. Directs the Secretary to include in required annual reports the services obtained from such agencies on a reimbursable basis. (Sec. 322) Amends the Federal Water Pollution Control Act to apply its vessel discharge requirements to discharges incidental to the normal operations of a military vessel, other than sewage, unless the Secretary finds that compliance would not be in the best interests of national security. Directs the Secretary and the Administrator of the Environmental Protection Agency (EPA) to jointly determine the discharge incidental to the normal operation of a military vessel for which it is reasonable and practicable to require the use of a marine pollution control device in order to mitigate adverse impacts on the marine environment, and to promulgate Federal standards of performance for such devices with respect to the discharge. Provides time limits for initial determinations and final standards. Preempts a State or political jurisdiction from adopting or enforcing such standards for a military vessel after final Federal regulations are in effect, but allows a State to completely prohibit any discharge from a vessel into waters of the State when its water quality requires greater environmental protection than that afforded by the Federal standards. Requires the EPA Administrator to then take specified enforcement action with respect to such prohibition. Requires a State to specifically explain why a prohibition would apply only to military vessels and not other types. Limits the application of such regulations with respect to design, construction, manning, or equipment standards on foreign flagged vessels engaged in passage. Provides for interagency cooperation in the development of appropriate standards under the marine vessel discharge requirements of such Act. (Sec. 323) Revises Federal provisions concerning: (1) the establishment of restoration advisory boards; (2) funding for the administrative expenses of such boards; and (3) the provision of technical assistance grants for determining the nature of environmental hazards at a military installation to be closed under a base closure law and the restoration activities proposed or conducted there. Provides funding for such activities to the extent provided in appropriation Acts, with an FY 1996 limit of $4 million. Requires reports from technical review committees or restoration advisory boards formed for such purpose to be included in an annual DOD report on environmental restoration activities. Subtitle D: Civilian Employees - Provides the minimum FY 1996 and 1997 number of personnel to be employed as military reserve technicians. (Sec. 332) Exempts DOD from personnel ceilings for civilian personnel. (Sec. 333) Requires military reserve technicians to wear the uniform appropriate for the member's grade and component while performing technician duties. Provides a uniform or clothing allowance for such technicians. (Sec. 334) Extends through January 31, 1996, the temporary authority to pay evacuation pay to civilian DOD employees and their dependents and immediate family members evacuated from Guantanamo, Cuba, pursuant to an order issued by the Secretary. Requires a monthly report from the Secretary of the Navy regarding the employees being so paid. (Sec. 335) Authorizes the transfer of civilian employees between the DOD domestic dependent schools and the overseas defense dependents' education system. (Sec. 336) Revises the authority of the Secretary to appoint involuntarily separated military reserve technicians who have served for a specified minimum period to positions within DOD for which such individual is qualified. (Sec. 337) Includes employees voluntarily separated under reduction-in- force procedures among those eligible for continued health insurance coverage for a temporary period. (Sec. 338) Makes inapplicable to DOD: (1) the 120-day limitation on the detail of certain Federal employees; and (2) required biannual reports concerning progress made in meeting part-time career employment goals. (Sec. 340) Authorizes the Secretary or the Secretary of a military department to release from employment those individuals who volunteer under a reduction in force. Terminates such authority at the end of FY 1996. (Sec. 341) Authorizes DOD to make lump-sum severance payments to its employees, requiring a refund of the pro rata share of such pay if such individual is reemployed. Terminates such authority as of the end of FY 1999. (Sec. 342) Adjusts the holiday observance day for DOD employees whose basic workweek is other than Monday through Friday. (Sec. 343) Includes DOD nonappropriated fund instrumentality employees within a Federal provision authorizing flexible and compressed work schedules. Subtitle E: Defense Financial Management - Prohibits funds authorized to be appropriated to DOD by this Act from being obligated for a capital lease for the establishment of a DOD financial management training center until 90 days after the Secretary submits to the defense committees a certification of the need for such a center as well as a report on financial management training for DOD personnel. (Sec. 352) Prohibits the Secretary during FY 1996 from establishing any center for the Defense Finance and Accounting Service not operating on the date of enactment of this Act unless the Secretary reports to the Congress a need for such new center and 30 days have elapsed since the receipt of such report. Requires the Secretary, before submitting such report, to reexamine the need for any new center. Subtitle F: Miscellaneous Assistance - Authorizes the Secretary of the Army or Air Force to provide for participation of its National Guard in joint disaster and emergency assistance exercises. (Sec. 362) Prohibits funds authorized in this or any other Act from being obligated or expended for: (1) the Office of Civil-Military Programs within the Office of the Assistant Secretary of Defense for Reserve Affairs; or (2) the Office of Humanitarian and Refugee Affairs within the Office of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict. (Sec. 363) Revises Federal provisions establishing the Civil-Military Cooperative Action Program to: (1) allow only the reserve components (currently, all of the armed forces) to participate in the Program; (2) revise the Program objectives; and (3) eliminate the establishment of Federal or regional advisory councils for the Program. Subtitle G: Operation of Morale, Welfare, and Recreation Activities - Makes inapplicable to the Coast Guard a Federal provision limiting the authorized amount of funds to be retained in the morale, welfare, and recreation (MWR) account of an armed force. (Sec. 372) Authorizes the MWR retail facilities to sell items according to regulations prescribed by the Secretary. Prohibits certain sale restrictions from being included in such regulations. Directs the Secretary to report to the defense committees identifying each restriction in effect with respect to exchange stores and other revenue-generating facilities operated by nonappropriated fund activities of DOD for the MWR of its members. (Sec. 373) Amends the National Defense Authorization Act for Fiscal Year 1994 to repeal the requirement to convert naval ships' stores to nonappropriated fund instrumentalities. Subtitle H: Other Matters - Makes funds from the National Defense Sealift Fund available for expenses of the Ready Reserve component of the National Defense Reserve Fleet. (Sec. 382) Prohibits the Secretary of the Navy from contracting for the construction of any additional sealift ship by a contractor unless such Secretary has submitted to the Congress, at least 60 days before entering into a contract, a certification: (1) with respect to the history of such contractor in meeting cost requirements under any former sealift construction contract; or (2) that such contractor is financially capable of constructing such additional sealift ship without financial assistance from the Government. (Sec. 383) Requires a specified conditional portion of the amount recovered by the government in a fiscal year for losses and expenses incurred by DOD as a result of contractor fraud at military installations to be credited to appropriations accounts of DOD on the basis of the losses actually suffered at each installation as a result of such fraud. Provides appropriate uses of such amounts by the military departments. (Sec. 384) Authorizes lost, abandoned, or unclaimed property found on a military installation to be sold (after reasonable efforts to find the property's owner) and the proceeds credited to the O&M account of such installation to be used to reimburse the installation for sale costs, and, if amounts still remain, to support MWR activities at the installation. Repeals a demonstration program concerning the use of such proceeds under the National Defense Authorization Act for Fiscal Years 1992 and 1993. (Sec. 385) Authorizes the Secretary of the Navy to sell certain designated articles and items of clothing to members of the Navy and Marine Corps, under specified conditions. Directs such Secretary to sell subsistence supplies to members of other armed forces at prices charged to Navy and Marine Corps personnel (equivalent prices). Authorizes such Secretary to sell serviceable supplies other than subsistence supplies to members of other armed forces for the buyers' use in the service. Authorizes persons who have been honorably discharged from any military department and are receiving medical care through the Public Health Service or the Department of Veterans Affairs to buy subsistence supplies at equivalent prices. Authorizes such Secretary to sell to honorably discharged individuals exterior articles of uniform at equivalent prices. Authorizes such Secretary to sell ships' stores to appropriate civilian officers and employees of the United States at military installations: (1) outside the United States; and (2) inside the United States if it is impractical for such officers and employees to obtain such stores from commercial enterprises without impairing the efficient operation of military activities. Requires sales to civilian officers and employees inside the United States to be made only to those residing within military installations. (Sec. 386) Requires, on and after October 1, 1995, the Civilian Marksmanship Program to be operated as a nonappropriated fund instrumentality of the United States within DOD for the benefit of military personnel and for the promotion of rifle practice and firearms safety among civilians. Requires the Program to be under the general supervision of the Advisory Committee for the Promotion of Rifle Practice and Firearms Safety, which replaces the National Board for the Promotion of Rifle Practice. Outlines funding provisions for the Advisory Committee. Provides authorized Program activities, including the operation and maintenance of rifle ranges, firearms marksmanship instruction and safety, and firearms competitions. Authorizes the Program to issue arms, ammunition, targets, and related equipment and supplies to gun clubs providing training to various youth organizations. Authorizes the sale of such items to other gun clubs and citizens for Program purposes. Requires the Program Director, before conveying any weapon or ammunition to a person, to provide for a criminal records check of the person with appropriate Federal and State law enforcement agencies. Authorizes the Director to impose reasonable fees for persons and gun clubs participating in any Program activity. Directs the Secretary of the Army to reserve for the Program all remaining M-1 Garand rifles and related accessories still held by the Army. Outlines participation conditions for military personnel participating in rifle instruction and competitions. (Sec. 387) Directs the Secretary of Defense to report to the Congress describing the advantages and disadvantages of using contractor personnel, rather than civilian DOD employees, to perform DOD functions that are not essential to the military warfighting mission. (Sec. 388) Prohibits the Secretary of Education from considering any payment made to a local educational agency (LEA) by DOD that is available for current expenditures and used for capital expenses as funds available to the Department of Education for Federal impact aid purposes. Outlines conditions under which an LEA shall be eligible to receive additional assistance as a heavily impacted LEA (an LEA having a high proportion of Federally connected children in its schools). Revises provisions concerning the determination of the amount of such aid to LEAs, with a special rule in the case of a heavily impacted LEA. Revises generally provisions concerning the requirement of the use of current year data for providing appropriate assistance to heavily impacted LEAs. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Sets forth the authorized end strengths for active-duty forces as of the end of FY 1996. Authorizes a temporary variation in the end strengths for active-duty Navy and Air Force officers in specified grades. (Sec. 403) Prohibits from being counted against officer personnel end strength limits an officer continuing to hold a general or admiral grade after serving as the Chairman of the Joint Chiefs of Staff or the head of a military department. Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 1996 for Selected Reserve personnel, authorizing the Secretary to vary such end strengths by up to two percent. Provides the end strengths for members of the reserve serving on active duty in support of the reserve. Increases the number of officers of certain grades authorized to serve on such duty. (Sec. 414) Excludes from inclusion in military personnel end strength limitations: (1) members of the Selected Reserve of the Ready Reserve on active duty for more than 180 days in support of cooperative threat reduction programs; and (2) members of the reserve on active duty for 180 days or more for military-to-military contacts and other similar activities. Subtitle C: Military Training Student Loads - Sets forth the authorized FY 1996 military training student loads, allowing for certain adjustments consistent with authorized end strengths. Subtitle D: Authorization of Appropriations - Authorizes appropriations to DOD for FY 1996 for military personnel. Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Reduces from 1,000 to 500 the number of officers to be designated by the Secretary for critical joint duty assignment positions. Authorizes the Secretary to credit an officer for additional joint duty for service in an assignment any portion of which was performed on or after the date of enactment of this Act and which provided significant experience in joint matters, as long as the officer is recommended for such credit by the head of his or her military department. Grants such credit on a case-by-case basis, requiring the Secretary to prescribe uniform criteria for such credit. Requires information on officers receiving such credit to be included by the Secretary in a required annual report. Exempts general and flag officers from a provision limiting the number of officers receiving such credit in a fiscal year to ten percent of the total number of officers in that pay grade selected for the joint specialty in that fiscal year. Considers an officer to have completed a full tour of joint duty upon completion of a second joint duty assignment that is less than the period required for a first joint duty assignment, but not less than two years, whether or not a minimum joint tour duty length waiver was granted for such officer. (Sec. 502) Reduces from six to five years the minimum service obligation for graduates of the various military service academies. Requires the Secretary to: (1) review the effects that such service periods will have on the number and quality of eligible applicants seeking appointment; and (2) report findings and recommendations to the defense committees. (Sec. 503) Requires any officer appointed Surgeon General of an armed force to be educationally and professionally qualified to furnish health care to other persons, including doctors of medicine, dentistry, and osteopathy, nurses, and clinical psychologists. (Sec. 504) Requires an officer appointed as Deputy Judge Advocate General of the Air Force: (1) to be appointed for a four-year tenure (currently two); and (2) who holds a lower regular grade to be appointed in the regular grade of major general. (Sec. 505) Includes all officers above the major or lieutenant commander grades (currently, above such grades but below lieutenant general or vice admiral) within current eligibility requirements for voluntary retirement. Allows certain general and flag officers to be retired in the highest grade held by such officer only after the Secretary certifies to the President and the Senate that such officer served satisfactorily on active duty in that grade. (Sec. 506) Extends through FY 1996 certain reserve officer management authorities. (Sec. 507) Prohibits an officer from being frocked (authorized to wear the insignia of a higher grade before being promoted to such grade) unless: (1) the Senate has confirmed such officer's nomination for promotion to such grade; and (2) the officer is serving in, or has been ordered to, a position for which that grade is authorized. Prohibits pay, seniority, and time in service benefits from being accrued by frocked officers. Limits the total number of frocked officers in specified grades on the active-duty list. Authorizes a variation for FY 1996 and 1997 in the number of such officers. (Sec. 508) Authorizes the Secretary of the Army to retire any Director of Admissions of the United States Military Academy who has more than 30 years of service as a commissioned officer. Subtitle B: Matters Relating to Reserve Components - Establishes the Department of Defense Ready Reserve Income Insurance Program, administered by the Secretary, to insure Ready Reserve members against the risk of being ordered into covered service. Provides 30 days' automatic enrollment in the Program, with an exception, upon first becoming a member. Requires a member to enroll within such period. Provides as the basic benefit of such insurance $1,000 per month during the period of covered service, allowing a member to elect to reduce or enhance such benefit in specified increments. Defines "covered service" as active duty for more than 30 days in support of involuntary operational missions or during a period of war or national emergency. Requires the Secretary to prescribe the premium rates for such insurance, to be deducted and withheld from the member's basic pay. Authorizes the Secretary to advance to an insured member the amount equal to the first insurance premium payment due. Establishes in the Treasury the Department of Defense Ready Reserve Income Insurance Fund, into which shall be deposited the collected premiums, any amounts appropriated to the Fund, and investment returns. Requires: (1) investing of Fund assets by the Secretary; and (2) a required annual accounting of the Fund. Requires the DOD Education Benefits Board of Actuaries to have actuarial responsibility for the Program. Requires the Board to carry out periodic actuarial valuation of benefits, determine appropriate premium rate methodology, and recommend to the Secretary a premium rate schedule in the event of actuarial gains or losses to the Fund due to changes in actuarial assumptions. Directs the Secretary to request the President to request from the Congress a special appropriation in the event of insufficient Fund assets. Provides for the payment of benefits to designated recipients. Authorizes the Secretary to purchase insurance from eligible insurers in order to provide the benefits required under the Program, allowing the Secretary to terminate such insurance policy at any time. Requires termination of insurance coverage for a member for the nonpayment of premiums, as well as insurance forfeiture upon conviction of certain crimes against the country or refusal to perform service or wear the uniform. (Sec. 512) Includes dentists in critical specialties (currently, only physicians) within a program providing financial assistance for health care professionals in the reserve components. (Sec. 513) Allows reserve personnel performing public safety duty to charge such period of absence to accrued annual leave or compensatory time available. Subtitle C: Uniform Code of Military Justice - Amends the Uniform Code of Military Justice (UCMJ) to provide that if evidence adduced during a military investigation indicates that an accused committed an uncharged offense, then the investigating officer may investigate such additional matter without the accused having first been charged with that offense. (Sec. 524) Requires the imposition of a fine, imprisonment, or both, for an individual who refuses to testify before a court-martial. (Sec. 525) Requires individuals found to be incompetent to stand trial under the UCMJ to be committed to the custody of the Attorney General for hospitalization, examination, and treatment. Provides, depending on hospitalization and examination results, for either continued hospitalization of such individual or release to the convening authority of the court-martial. Requires a person found not guilty by reason of lack of mental responsibility to be committed to a suitable facility until the person is eligible for release after examination and an appropriate hearing. (Sec. 526) Requires any forfeiture of pay or allowances or reduction in grade included in a court-martial sentence to take effect on the earlier of: (1) 20 days after the sentence is adjudged; or (2) the date on which the sentence is approved by the convening authority (current law). Authorizes the convening authority to defer such forfeitures or reduction until the date on which the sentence is approved. Requires court-martial sentences that include confinement for one year or more, death, dishonorable discharge, or dismissal to result in the forfeiture of all pay and allowances due to such member during the confinement or parole. Authorizes the waiver of such forfeitures for up to six months in the case of dependents of such individual. Requires the repayment of all such pay and allowances if the sentence is set aside or disapproved. Revises provisions concerning the deferment of a sentence of confinement in the case of an individual in the custody of a State or foreign country. (Sec. 528) Requires all matters submitted to the convening authority for consideration after a trial by court-martial to be in writing. (Sec. 529) Authorizes a proceeding in revision to correct clerical mistakes in a judgment, order, or other part of the record or any error arising from oversight or omission. (Sec. 530) Provides for appeal by the United States from certain orders or rulings made by a military judge in a court-martial in which a punitive discharge may be adjudged. (Sec. 531) Includes flight from arrest as a punishable action under the UCMJ. (Sec. 532) Removes a gender reference with respect to the UCMJ offense of carnal knowledge with a person under 16 years of age. Provides that, in such a prosecution, it is a defense that the other person was at least 12 years of age and the accused reasonably believed such person to be at least 16. (Sec. 533) Requires newly enlisted personnel to be instructed in the UCMJ within 14 (currently six) days after entrance into active or reserve duty. (Sec. 535) Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to repeal the September 30, 1995, delimiting date on the authority of the Chief Justice of the Supreme Court to appoint Federal or district court judges to serve on the U.S. Court of Appeals for the Armed Forces. (Sec. 536) Directs the Secretary and the Attorney General to jointly establish an advisory panel to review and make recommendations on jurisdiction over civilians accompanying military personnel in time of armed conflict. Requires reports. Subtitle D: Decorations and Awards - Authorizes the President to award the Purple Heart to certain persons who were taken prisoner or held captive while serving in the U.S. armed forces before April 25, 1962, and were wounded while being taken prisoner or held captive. Excepts from such awards persons convicted of rendering assistance to the enemy. (Sec. 542) Authorizes the Secretary or the Secretary of a military department to award a decoration to any person for an act, achievement, or service performed while serving on active duty during the Vietnam era. Directs the Secretary of each military department to review all recommendations received for such decorations, and to report findings concerning such review and awards to the defense committees. (Sec. 543) Expresses the sense of the Congress that the Secretaries of the military departments should review the service records of military personnel who performed military intelligence duties between January 1, 1940, and December 31, 1990, in order to determine whether, by reason of mission secrecy, any such personnel were not properly considered for decorations and awards, and if so, to so consider such personnel for such awards. Exempts such consideration from certain time limitation provisions. Subtitle E: Other Matters - Directs the Secretary to establish within his Office an office responsible for the policy, control, and oversight of the entire process for the investigation and recovery of missing persons, as well as the coordination of DOD efforts on such matters with other Federal departments and agencies. Requires search and rescue responsibilities to be established by the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict. Requires the establishment of uniform procedures for the: (1) determination of the status of such persons; and (2) collection, analysis, review, dissemination, and periodic update of related information. Requires the commander of the unit or facility where a person was assigned to make an initial report to the Secretary after receiving information that the whereabouts of a person are uncertain and that the absence may be involuntary. Requires the Secretary to appoint a board to conduct an inquiry as to the whereabouts of a missing person. Directs the board to make a recommendation to the Secretary as to the whereabouts or status of such persons. Prohibits such board from declaring a person dead unless the evidence before it establishes conclusive proof of such person's death. Requires board proceedings to be closed to the public (including the next of kin). Directs the Secretary, after receiving a board recommendation, to determine whether such person shall continue to have a missing status, be declared to have deserted or be absent without leave, or be declared dead. Requires a report to family members and other interested persons. Requires the appointment of an additional board if further information becomes available. Allows the next of kin and other family members to attend inquiries held by the subsequent board. Requires a recommendation by the subsequent board, as well as a report to the Secretary. Directs the Secretary to review such report (together with any objections to board findings filed by family members and other interested persons attending the subsequent board inquiry), and to take appropriate action with respect to a person's status, including notification to family members and other interested persons. Requires, with specified exceptions concerning classified or privileged information or privacy, the Secretary having jurisdiction over a missing person to ensure that the person's personnel file contains all available information relating to the person's disappearance, whereabouts, or status. Prohibits any board from declaring a person dead unless: (1) credible evidence exists; (2) the United States possesses no credible evidence to suggest that such person is alive; and (3) representatives of the United States have made a complete search of the area where the person was last seen and have examined the records of the government or entity having control over such area. Provides additional information to be included in a report when a person is declared dead. Allows military pay for the full time of absence for any person in a missing or dead status under the Missing Persons Act of 1942 who is found alive and is returned to the control of the United States. Directs the Secretary concerned, upon the enlistment or appointment of a person into the armed forces, to require such person to specify the individual to receive information as to the member's whereabouts or status if necessary. Directs the Secretary of State to carry out a comprehensive study of the Missing Persons Act of 1942 and related laws and regulations with respect to accounting for civilian employees or contractors of the United States who serve with or accompany military personnel in the field to determine the means, if any, by which such procedures may be improved. Directs such Secretary to report study results, together with appropriate recommendations for change, to the defense committees. (Sec. 552) Amends the UCMJ to state that the period during which an officer deserts, is absent from duty, is confined by military or civilian authority for more than one day for a trial, or is unable for more than one day to perform his or her duties shall not be counted in computing such officer's length of military service. Provides that the time required to be made up by either an enlisted member or an officer due to such reasons may not be counted in computing years of service. (Sec. 553) Provides for separation from service in cases involving persons sentenced to confinement for one year or more. (Sec. 554) Removes the six-month limit on the duration of field training or practice cruise required under the Senior ROTC Program. (Sec. 555) Authorizes the Secretary of each military department to: (1) review the military record compilation process for potential improvements in the correction of such records; and (2) report study findings and recommendations to the Secretary, who in turn shall transmit such reports to the defense committees. (Sec. 556) Prohibits the Secretary from reducing below a specified amount for FY 1996 and thereafter the total number of DOD medical personnel unless he certifies to the Congress that: (1) the number being reduced is excess to current and projected needs; and (2) such reduction will not result in an increase in the cost of health care services provided under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS). Requires the Assistant Secretary of Defense responsible for health affairs to submit to the congressional defense committees a plan for the reduction in the number of such personnel over a five-year period beginning on October 1, 1996. (Sec. 557) Repeals, with respect to the military service academies, the requirement that the: (1) position of athletic director shall be a position in the civil service; and (2) Superintendent of such academy shall administer a nonappropriated fund account for the athletics program at such academy. (Sec. 558) Prohibits any funds available to DOD from being obligated to carry out a test program for determining the cost effectiveness of transferring to the private sector the operations of one or more military academy preparatory schools. (Sec. 559) Directs the Secretary and the Attorney General to jointly establish an advisory panel on centralized review of DOD administrative personnel actions. Requires a report from the panel to the Secretary and the Attorney General, to be transmitted, together with comments, to the Congress. Terminates the panel 30 days after submission of its report. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives any FY 1996 military pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases the rates of basic pay and basic allowance for subsistence (BAS) by 2.4 percent and the basic allowance for quarters (BAQ) by 5.2 percent, on January 1, 1996. (Sec. 602) Authorizes a member without dependents who is in pay grade E-6 and who is assigned to U.S. quarters that do not meet minimum adequacy standards established by DOD for such pay grade to elect not to occupy such quarters and instead receive the BAQ prescribed for his or her pay grade. (Sec. 603) Authorizes as of July 1, 1996, the payment of a BAQ for enlisted personnel in the pay grade of E-6. (Sec. 604) Prohibits the reduction of the minimum monthly variable housing allowance (VHA) for members living in high cost areas as long as such member maintains uninterrupted eligibility to receive the VHA within that area and his or her certified housing costs are not reduced. Increases the total amount available for the VHA to cover additional payments permitted under this section. Requires an implementation report from the Secretary to the Congress. Subtitle B: Bonuses and Special and Incentive Pays - Extends through FY 1997: (1) certain enlistment and reenlistment bonuses for the reserves; (2) the nurse officer candidate accession program; (3) the accession bonus for registered nurses; (4) incentive special pay for nurse anesthetists; (5) the authority relating to the payment of other bonuses and special pay for active duty officer and enlisted personnel; and (6) the authority of the Secretary concerned to repay education loans for certain health professionals who serve in the Selected Reserve of a military department. (Sec. 614) Provides to both warrant officers (current law) and enlisted members of specified grades hazardous duty incentive pay for service as air weapons controllers. (Sec. 615) Reduces from nine to eight of the first 12 years of aviation service the period during which an officer must perform operational flying duties in order to receive aviation career incentive pay. (Sec. 617) Provides continuous entitlement to career sea pay for crew members of a ship designated as a tender-class ship. (Sec. 618) Authorizes the Secretary concerned, effective as of January 1, 1996, to increase to a maximum of $375 monthly the rate of special duty assignment pay for enlisted personnel serving as military recruiters. Subtitle C: Travel and Transportation Allowances - Repeals a requirement that DOD travel allowances must be based on distances established over the shortest normally traveled route, and under mileage tables prepared under the direction of the Secretary. (Sec. 622) Provides a departure allowance when dependents of military personnel are authorized (currently, only when ordered) by competent authority to depart from an area. (Sec. 623) Provides a dislocation allowance for those directed to move as a result of a base closure or realignment. (Sec. 624) Includes students who cease to be enrolled in a foreign institution of higher education within a provision authorizing the Secretary concerned to return to the United States formerly dependent children of military personnel who attain a nondependent age while overseas. Subtitle D: Commissaries and Nonappropriated Fund Instrumentalities - Authorizes certain members of the Ready Reserve to use DOD commissary stores for a period of one year on the same basis as members on active duty. (Currently, such members are permitted such use for 12 days of any calendar year during which the members are eligible.) (Sec. 632) Authorizes full commissary use (currently limited to 12 days a year) for members of the Retired Reserve (and their survivors) who are under 60 years of age and would be eligible for retired pay except that they are under such age. (Sec. 633) Authorizes the use of MWR facilities on the same basis as members on active duty for: (1) members of the Selected Reserve in good standing; (2) members of the Ready Reserve other than members of the Selected Reserve; and (3) members of the reserve under age 60 who would be eligible for retired pay except that they are under such age. Allows such use for the dependents of (1) and (3), above. Subtitle E: Other Matters - Makes first payable in March (currently, September) of the following year cost-of-living increases for military retired pay that become effective in 1994 or 1995 (currently, 1994 through 1997). (Sec. 642) Makes ineligible for retired pay a person who is convicted of an offense under the UCMJ and whose executed sentence includes death, a dishonorable or bad conduct discharge, or dismissal (in the case of an officer). (Sec. 643) Allows to be deducted from the pay of: (1) a Federal employee the administrative costs of executing legal process in a garnishment action; and (2) members of the armed forces the administrative costs of establishing and maintaining an involuntary allotment from military pay. Provides for the disposition of amounts withheld for such administrative costs. (Sec. 644) Increases from $100,000 to $200,000 the maximum amount of life insurance coverage under the Servicemen's Group Life Insurance (SGLI). Repeals a provision authorizing a member to increase such coverage amounts in increments of $10,000 to a maximum of $200,000. (Sec. 645) Terminates SGLI coverage for members of the Ready Reserve who fail to pay the required premiums 120 days after the Secretary concerned transmits to such member a termination notification. (Sec. 646) Directs the Secretary to report to the Congress on the possible extension to junior noncommissioned officers (pay grades E-5 and 6) the same privileges provided for senior noncommissioned officers (those above E-6), including the privileges to mess (eat) separately and to receive a BAS. (Sec. 647) Authorizes the payment to survivors of deceased military personnel of all leave accrued but unused. (Sec. 648) Directs the Secretary concerned to pay an annuity to the qualified surviving spouse of each member of the armed forces who: (1) died before March 21, 1974, and was entitled to retired or retainer pay on the date of death; and (2) was a member of a reserve component during the period beginning on September 21, 1972, and ending on October 1, 1978, and at the time of death would have been eligible for retired or retainer pay except that the person was under 60 years of age. Defines a qualified spouse as one who has not remarried and is not eligible for an annuity under the Survivor Benefit Plan. Provides an annuity amount of $165 monthly, adjusted periodically with cost-of-living increases. (Sec. 649) Provides transitional compensation for dependents of all members (currently, active-duty personnel) separated from service for dependent abuse. Title VII: Health Care - Subtitle A: Health Care Services - Authorizes the provision of authorized medical care and services under CHAMPUS for surviving dependents of Retired Reserve personnel who die before age 60. (Sec. 702) Authorizes the Secretary to establish a dental insurance plan for members of the Selected Reserve of the Ready Reserve. Requires within such plan voluntary enrollment and premium sharing between DOD and the members enrolled, with a member premium limit of $25 monthly. Outlines provisions concerning plan benefits and termination. Authorizes appropriations. (Sec. 703) Provides under CHAMPUS: (1) for military dependents under six years old, health promotion and disease prevention visits, as well as immunizations; and (2) for those six years old or older, health promotion and disease prevention visits in connection with immunizations or with diagnostic or preventive pap smears and mammograms. (Sec. 704) Makes permanent (currently ends September 30, 1995) the authority of the Secretary to carry out a specialized treatment facility program. (Sec. 705) Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to make special provisions for the enrollment under Medicare Part B of retired military personnel (and their dependents) who are eligible as covered beneficiaries for CHAMPUS medical and dental care and who are adversely affected by the closure of a military medical treatment facility of DOD pursuant to the closure or realignment of a military installation. Waives the Medicare Part B late enrollment penalty for such individuals. Subtitle B: TRICARE Program - Requires a military medical facility to provide to the covered beneficiaries enrolled in a health care plan of such facility the same health care benefits as are available to covered beneficiaries in that catchment area under the DOD managed health care program (TRICARE Program). Provides transitional provisions. (Sec. 713) Expresses the sense of the Senate that the Secretary should take steps to ensure that covered CHAMPUS beneficiaries who are also eligible for Medicare and reside in a TRICARE region have adequate access to health care services after the implementation of the TRICARE Program in that region. (Sec. 714) Directs the Secretary during FY 1996 to carry out a pilot program, in a region in which the TRICARE Program has been implemented, for the provision of wraparound services (individualized mental health services provided in return for payment on a case-by-case basis) to covered beneficiaries who are children in need of such services. Requires a pilot program: (1) agreement, with specified requirements, between the Secretary and a mental health services provider; and (2) report from the Secretary to the defense committees. Subtitle C: Uniformed Services Treatment Facilities - Amends the Department of Defense Authorization Act, 1984, to extend through September 30, 1997, the authority of specified Secretaries to terminate the status of certain medical facilities as uniformed services treatment facilities (USTFs). (Sec. 722) Amends the National Defense Authorization Act for Fiscal Year 1991 to subject USTFs and any participation agreement between USTFs and the Secretary to the Federal Acquisition Regulation (FAR). (Sec. 723) Makes a USTF responsible for paying charges imposed by a private facility or health care provider for providing care outside the catchment area of the USTF to a member of the armed forces enrolled in a USTF health care plan. Directs the Secretary to require a CHAMPUS health care provider to provide such care in accordance with the same payment rules. Subtitle D: Other Changes to Existing Laws Regarding Health Care Management - Makes available for two fiscal years three percent of the funds authorized to be appropriated for a fiscal year for programs and activities carried out under CHAMPUS. (Sec. 732) Provides the maximum allowable payment to individual health care providers under CHAMPUS, with an exception when necessary to ensure that covered beneficiaries retain adequate access to health care services. Provides transition provisions. (Sec. 733) Authorizes the Secretary of Transportation (currently, only the Secretary of Defense) to enter into personal services contracts to carry out health care responsibilities with respect to medical treatment facilities of the Coast Guard when the Coast Guard is not operating as a service in the Navy. Ratifies any such contract entered into before the effective date of this Act. (Sec. 734) Amends title XI (General Provisions and Peer Review) of the Social Security Act to authorize the use of information contained in the Medicare and Medicaid Data Bank to assist in the identification of, and collection from, third parties responsible for the reimbursement of costs incurred by the United States for health care services furnished to CHAMPUS beneficiaries. Subtitle E: Other Matters - Authorizes the Board of Regents of the Uniformed Services University of the Health Sciences to establish at the University a program of research on the furnishing of care and services by nurses in the armed forces, to be known as the TriService Nursing Research Program. Requires Program administration by a TriService Nursing Research Group composed of military nurses who are involved in military nursing research and designated by the Secretary concerned. Provides research topics. (Sec. 742) Establishes a Fisher House Trust Fund in both the Army and the Air Force, funds of which are to be used for the operation of Fisher houses, which are housing facilities located in proximity to military medical treatment facilities and available for residential use on a temporary basis by patients at such facilities, as well as their family members or others providing the equivalent of familial support for such patients. Requires expenditures from such trust funds to be made only under annual appropriations and only if specifically authorized by law. (Sec. 743) Includes the Coast Guard within a Federal provision limiting the prices that may be charged to certain Federal departments and agencies by manufacturers of pharmaceuticals when purchased for use in medical facilities of such departments and agencies. Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Acquisition Reform - Requires funds appropriated for any fiscal year after 1995 that are administratively reserved or committed for satellite on-orbit incentive fees to remain available for obligation until the fee is earned, but only if and to the extent that applicable Federal law is complied with in the reservation and commitment of funds for such purpose. (Sec. 802) Amends the Office of Federal Procurement Policy Act to require an executive agency to publish for at least ten days in advance a notification of the intent to solicit bids or proposals for a contract for property or services for a price expected to exceed $10,000, but not to exceed $25,000. (Current law has no price limits on such required notification.) (Sec. 803) Amends the Federal Acquisition Streamlining Act of 1994 to require the head of a Federal agency to make management decisions on all findings and recommendations set forth in an audit report of the inspector general of such agency within a maximum of six months after the issuance of the report, and to make such decisions on findings and recommendations of an audit report from outside the Federal Government within six months after the date on which the head of the agency receives the report. Requires completed actions with respect to an inspector general's findings and recommendations within 12 months after the date of the inspector general's report. (Sec. 804) Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to direct the Secretary to establish a test program under which contracting activities in the military departments and defense agencies are authorized to undertake one or more demonstration projects to determine whether the negotiation and administration of comprehensive subcontracting plans will reduce administrative burdens on contractors while enhancing opportunities provided under DOD contracts for small businesses as well as small businesses owned and controlled by socially and economically disadvantaged individuals. Requires a broad range of the supplies and services acquired by DOD to be included in the test program. Includes as covered contractors under the test program those which furnished DOD with supplies or services pursuant to at least three contracts having an aggregate value of at least $5 million. (Sec. 805) Authorizes the Secretary of the Navy to contract or otherwise provide for necessary salvage facilities for public and private vessels if: (1) available commercial salvage facilities are inadequate to meet the Navy's requirements; and (2) such Secretary provides public notice of the intent to enter into such contracts. Authorizes such Secretary to acquire or transfer such vessels and equipment for operation by private salvage companies as necessary. Provides for: (1) the settlement of salvage claims; and (2) the disposition of receipts. (Sec. 806) Repeals a Federal provision authorizing the Secretary of a military department to delegate certain contracting authority. (Sec. 807) Requires any defense research paper issued or technological assessment made by a defense research facility with respect to a major weapon system to be made part of the record for the purpose of making acquisition program (currently, milestone 0, I, and II) decisions. (Sec. 808) Applies defense procurement requirements to the purchase of supplies used for experimental or test purposes only when such purchases are made in quantity. (Sec. 809) Repeals a provision requiring certain quality control in the procurement of critical aircraft and ship spare parts. (Sec. 810) Authorizes funds appropriated to a military department to be used for the acquisition of design and process data. (Sec. 811) Revises provisions concerning the content of regulations required for independent cost estimates with respect to various phases of major defense acquisition programs. (Sec. 812) Allows the United States to recoup indirect (currently, only direct) fees associated with the use of DOD laboratories and other facilities for the testing of materials and equipment. (Sec. 813) Subjects to the Walsh-Healey Act each contract for the construction, alteration, furnishing, or equipping of a naval vessel, unless the President determines that such requirement is not in the interest of national defense. (Sec. 814) Requires any contractor agreeing to allow the inclusion or incorporation of defense features on aircraft owned by such contractor for possible use with the Civil Reserve Air Fleet to operate such aircraft for DOD as needed during any activation of the Fleet (currently, only permitted during activation of the full Fleet). Subtitle B: Other Matters - Earmarks specified O&M funds authorized under this Act for DOD procurement technical assistance programs, further earmarking such funds for technical assistance in certain distressed areas. (Sec. 822) Considers a DOD cable television franchise agreement as a contract for telecommunications services for purposes of part 49 of the FAR. Title IX: Department of Defense Organization and Management - Redesignates the Assistant to the Secretary of Defense for Atomic Energy as the Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs, with appropriate responsibilities. Title X: General Provisions - Subtitle A: Financial Matters - Authorizes the Secretary, in the national interest, to transfer authorizations made available to DOD in this Division for FY 1996 between any such authorizations for such fiscal year. Limits to $2 billion the total authorized transfers. Directs the Secretary to promptly notify the Congress of each such transfer. (Sec. 1002) Removes a requirement prohibiting the Secretary from designating DOD personnel as disbursing officials for departmental pay and expenses of the District of Columbia. Revises disbursing authority with respect to DOD and its individual military departments. Authorizes military personnel under the Secretary's jurisdiction to certify vouchers when authorized, in writing, by the Secretary. (Sec. 1003) Establishes in the Treasury the Defense Modernization Account. Provides for credits to the Account. Requires Account funds to be used for: (1) increasing the quantity of items and services procured under a procurement program in order to achieve a more efficient production or delivery rate; and (2) RDT&E and procurement necessary for modernization of an existing system or a system being procured under an ongoing procurement program. Provides Account use limitations. Limits to $500 million the funds that may be transferred from the Account in any fiscal year for such procurement modernization purposes, requiring the Secretary to notify the congressional defense committees prior to any such transfers. Requires quarterly reports from the Secretary to such committees concerning Account credits, transfers, and expenditures. Makes such provision inapplicable to the Coast Guard when it is not operating as a service in the Navy. (Sec. 1004) Adjusts the amounts authorized for appropriation in the National Defense Authorization Act for Fiscal Year 1995 by the increases and decreases in title I of the Emergency Supplemental Appropriations and Rescissions for the Department of Defense to Preserve and Enhance Military Readiness Act of 1995. (Sec. 1005) Limits to $500,000 the funds authorized to be obligated or expended by the Secretary for emergency and extraordinary expenses until the Secretary has notified the congressional defense committees of the intent to obligate such funds and, in the case of an obligation or expenditure in excess of: (1) $1 million, 15 days have elapsed since the notification; or (2) $500,000, but no more than $1 million, 5 days have elapsed since such notification. Removes the time requirements of (1) and (2), above, when the Secretary determines that the national security objectives will be compromised by such delay. Requires the Secretary to notify such committees when such waiver authority is exercised. (Sec. 1006) Authorizes the Secretary, beginning after FY 1994, to transfer funds to military appropriations for a fiscal year out of funds available to DOD from the Foreign Currency Fluctuations, Defense, appropriation. Authorizes the Secretary, after FY 1993, to transfer to such appropriations unobligated amounts of funds appropriated for O&M and military personnel. Provides transfer limits. (Sec. 1007) Directs the Secretary to submit to the congressional defense committees a special report on funding for the reserve components. Subtitle B: Naval Vessels - Directs the Secretary of the Navy to list and maintain on the Naval Vessel Register at least two of the Iowa class battleships that were stricken from the Register in February, 1993. Requires selection of such battleships that are in the best material condition. Requires such Secretary to retain logistical support to maintain the battleships. Terminates this provision when such Secretary notifies the defense committees that the Navy has an operational fire support capability that equals or exceeds that of the Iowa class battleships. (Sec. 1012) Authorizes the Secretary of the Navy to transfer on either a grant or lease basis specified naval frigates to the governments of Bahrain, Egypt, Oman, Turkey, and the United Arab Emirates. Waives specified congressional notification requirements with respect to such transfers. Terminates such transfer authority two years after the enactment of this Act, except that a lease entered into during such period may be renewed. Subtitle C: Counter-Drug Activities - Revises generally provisions concerning the authority for Federal support of State drug interdiction and counter-drug activities of the National Guard. Repeals a provision excluding National Guard personnel performing such activities from annual reserve duty end strength limitations. Allows National Guard personnel to be ordered to perform full-time National Guard duty in support of such activities. Authorizes the governor of a State to request such personnel to perform such duty. Requires the Attorney General of a State to certify that the use of such personnel for such purposes is authorized by, and consistent with, State law, and that it serves an appropriate State law enforcement purpose. Limits to 4000 the number of National Guard personnel performing such activities for a State for a period of more than 180 days. Authorizes the Secretary to increase such limits by not more than 20 percent for any fiscal year if determined necessary for national security purposes. (Sec. 1022) Prohibits, with an exception, the use of funds made available to DOD for obligations or expenses of the National Drug Intelligence Center, Johnstown, Pennsylvania. (Sec. 1023) Directs the Secretary to either: (1) procure nonintrusive inspection systems and transfer such systems to the U.S. Customs Service; or (2) transfer funds to the Secretary of the Treasury for such procurement. Earmarks funds authorized under this Act for such purpose. Subtitle D: Department of Defense Education Programs - Reaffirms the congressional commitment towards the continuation of the Uniformed Services University of the Health Sciences. Prohibits, during the five-year period beginning on October 1, 1995, the personnel staffing levels for the University from being reduced below such levels as of October 1, 1993. (Sec. 1032) Authorizes the Board of Regents at the University to establish a graduate school of nursing and other programs determined necessary in order to operate the University cost-effectively. (Sec. 1033) Earmarks funds authorized under this Act to fund basic adult education programs for military personnel (and their dependents) serving outside the United States. (Sec. 1034) Limits to enlisted members of the Air Force (currently, enlisted members of the armed forces) the scope of educational programs offered at the Community College of the Air Force. (Sec. 1035) Changes from December 15 to March 1 annually the due date of a reporting requirement of the Secretary with respect to the operation of the DOD educational assistance program. Subtitle E: Cooperative Threat Reduction With States of the Former Soviet Union - Prohibits the obligation of cooperative threat reduction (CTR) program funds to assist nuclear weapons scientists in States of the former Soviet Union until 30 days after the Secretary certifies to the Congress that such funds will not be used to contribute to the modernization of the strategic nuclear forces of such States or for R&D or production of weapons of mass destruction. (Sec. 1043) Withholds $50 million of the funds for CTR programs until the President certifies to the Congress that Russia is in compliance with its obligations under the Biological Weapons Convention. Subtitle F: Matters Relating to Other Nations - Authorizes NATO organizations to participate in cooperative R&D projects under the Arms Export Control Act. (Sec. 1052) Expresses the sense of the Congress recognizing the importance to the United States of effective export controls on dual-use (military and commercial) items and technologies that are critical to the military capabilities of U.S. armed forces. Calls for the Government to identify such critical items and technologies and exercise effective export control over them. Directs the Secretary to report to the Congress on the effect of such export control policy on U.S. national security interests. Directs the Secretary to: (1) review each application submitted to the Secretary of Commerce for a license for the export of a class 2, 3, or 4 biological pathogen to a country known or suspected to have an offensive biological weapons program in order to determine if such an export would be contrary to U.S. national security interests; (2) inform such Secretary of the countries suspected of having such a program; (3) notify such Secretary if the export of a biological pathogen would be contrary to U.S. interests; and (4) have such Secretary deny the application. (Sec. 1053) Directs the Secretary to establish a program under which he may issue guarantees assuring a lender against losses of principal or interest, or both, arising out of the financing of the sale or long-term lease of defense articles or services, or design and construction services, to: (1) NATO countries; (2) countries designated as of March 31, 1995, as major non-NATO allies; (3) a country in Central Europe which has or is changing its form of government to a democracy; and (4) a noncommunist country that was a member nation of the Asia Pacific Economic Cooperation as of October 31, 1993. Provides for loan limitations, fees, and payment terms. Requires the President to report to the Congress on the loan guarantee program. (Sec. 1054) Amends the National Defense Authorization Act for Fiscal Year 1995 with regard to its landmine clearing assistance program to prohibit FY 1996 funds from being used for military personnel involvement in such activities until 30 days after the Secretary certifies to the Congress that such involvement satisfies military training requirements for such personnel. Terminates the authority to provide such assistance as of the end of FY 1996. Provides FY 1996 funding for such program. (Sec. 1055) States that it shall be the policy of the United States that: (1) the President should ensure that any conventional defense system or technology offered by the United States for sale to NATO nations or major non-NATO allies is concurrently made available to Israel unless the President determines that such would not be in the national security interests; and (2) the President should make available to Israel advanced U.S. technology necessary for achieving continued progress in cooperative U.S.-Israel R&D of theater missile defenses. (Sec. 1056) Expresses the sense of the Congress that the Secretary of the Navy should take appropriate action to improve the services available to the Navy at the Port of Haifa, Israel, and ensure that increasing commercial activities there does not adversely affect the availability of required services to the Navy there. (Sec. 1057) Prohibits DOD funds from being obligated or expended to provide financial assistance to any country determined to support international terrorism either directly or in granting sanctuary from prosecution to individuals or groups which engage in such activities. Authorizes a waiver by the President for national security purposes, requiring notification to specified congressional committees when exercising such waiver. (Sec. 1058) Expresses the sense of the Congress supporting international military education and training and other forms of cooperation between U.S. armed forces and the armed forces of countries which are allies with or friendly to the United States. Authorizes the Secretary, upon the recommendation of a commander of a combatant command or the Chairman of the Joint Chiefs of Staff, to pay a portion of the costs of providing international military education and training to military and civilian personnel of foreign countries who perform national defense functions. Provides FY 1996 funding for such activities. (Sec. 1059) Amends the National Defense Authorization Act for Fiscal Year 1994 to repeal a limitation with respect to the purchase or construction of American diplomatic facilities in Germany. (Sec. 1060) Earmarks specified funds authorized under this Act for implementing arms control agreements to which the United States is a party, with a limitation. (Sec. 1061) Expresses the sense of the Congress that: (1) the President should consult with the Congress regarding any UN peace operations that could involve U.S. combat forces, and should do so before a UN vote on such action is taken; (2) such forces should participate only when it is clearly in the national security interest to do so; (3) in such situations, U.S. combat forces should be under the operational control of qualified commanders; and (4) none of such forces should be under operational control of foreign nationals except in the most extraordinary circumstances. Subtitle G: Repeal of Certain Reporting Requirements - Repeals miscellaneous reporting requirements under Federal armed forces and military pay provisions, provisions of defense authorization and appropriation Acts, national security laws, and other related laws and Acts. Excuses DOD from certain reporting requirements of the Joint Committee on Printing regarding printing-related matters. Subtitle H: Other Matters - Directs the Secretary to turn off the selective availability feature of the global positioning system by May 1, 1996, unless he submits to the defense committees a specified plan with respect to the development and acquisition of capabilities to deny hostile military forces the ability to interfere with or disrupt the system. (Sec. 1082) Expresses the sense of the Congress that, unless and until the START II Treaty enters into force, the Secretary should not take any action to dismantle or retire specified nuclear delivery systems. Prohibits FY 1996 DOD funds from being used for such purpose. (Sec. 1083) Amends the National Defense Authorization Act for Fiscal Year 1993 to extend through FY 1997 the National Guard Civilian Youth Opportunities pilot program. (Sec. 1084) Directs the Secretary to report to the defense committees on the status of current and possible continued support of boards and commissions operating within or for DOD. (Sec. 1085) Amends the Department of Defense Authorization Act, 1986, to revise the purposes for the provision of Army support for the National Science Center for Communications and Electronics. Authorizes the Secretary to manage, operate, and maintain facilities at the Center in order to conduct educational outreach programs. Authorizes fundraising activities for the management and operation of the Center and the support of its activities. Directs the Secretary to prescribe criteria for determining whether to accept a donation for such Center. Authorizes the Secretary to enter into an agreement with NSC Discovery Center, a nonprofit organization, to develop, manage, and maintain a national science center under this section. (Sec. 1086) Authorizes the Secretary to suspend or terminate an action for collection of a claim against the estate of a person who died while serving on active duty in the armed forces if circumstances make it appropriate to do so. (Sec. 1087) Increases to up to $100,000 (currently, $40,000) the maximum limit for a claim by a member of the armed forces for damage to property during a relocation when such claim arose from an emergency evacuation or from extraordinary circumstances which occurred on or after June 1, 1991. (Sec. 1088) Authorizes, with limitations, dependents of Government employees to utilize check cashing and other exchange transactions through Government disbursing officials. Requires a pay offset from the dependent's sponsor for any deficiencies resulting from a dependent's transactions, including charges for insufficient funds. (Sec. 1089) Entitles veterans with total disability ratings to travel on military aircraft in the same manner and to the same extent as retired military personnel. (Sec. 1090) Authorizes the Secretary to transport to Hawaii for medical care children under 18 years old who reside in the Pacific Rim region, are crippled and in need of medical care due to such condition, will be admitted to a medical facility in Honolulu which specializes in providing such care, and are unable to afford the cost of such transportation. Authorizes the Secretary to transport one adult attendant accompanying such child. (Sec. 1091) Expresses the sense of the Senate that educational institutions should not have a policy of denying the Secretary from obtaining for military recruiting purposes: (1) entry to any campus or access to students equal to that of other employers; or (2) access to directory information pertaining to such students. Encourages the Secretary to prescribe regulations for determining if and when such an institution has denied such student access. (Sec. 1092) Requires advance medical directives executed by military personnel eligible for legal assistance to be exempt from legal requirements of State law and given the same legal effect as a directive executed in accordance with State law. Provides that such directives shall not be enforceable in a State that does not otherwise recognize and enforce such directives. (Sec. 1093) Directs the Secretaries of Defense and Energy to report to specified congressional committees within 30 days after the enactment of this Act on military manpower requirements necessary to implement export controls on certain weapons transfers. (Sec. 1094) Includes the period between July 1, 1958, and August 4, 1964, within the Vietnam era in the case of veterans who served on active military duty in the Vietnam theater of operations during such period.
Bill· SS. 1126 (104th)open
United States · United States Congress · 7 August 1995
TABLE OF CONTENTS: Title XXXI (sic): Department of Energy National Security Programs Subtitle A: National Security Programs Authorizations Subtitle B: Recurring General Provisions Subtitle C: Program Authorizations, Restrictions, and Limitations Subtitle D: Transfer of Jurisdiction Over Department of Energy National Security Functions Subtitle E: Other Matters Title XXXII: Defense Nuclear Facilities Safety Board Title XXXIII: Naval Petroleum Reserves Department of Energy National Security Act for Fiscal Year 1996 - Title XXXI (sic): Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - Authorizes appropriations to the Department of Energy (DOE) for FY 1996 for operating expenses, plant projects, and capital equipment necessary in carrying out the following activities for national security programs: (1) weapons activities; (2) environmental restoration and waste management; (3) various other defense activities; (4) defense nuclear waste disposal; and (5) the payment of penalties to the Hazardous Substances Superfund assessed against the Rocky Flats, Colorado, nuclear site. Subtitle B: Recurring General Provisions - Prohibits the use of funds appropriated pursuant to this title for: (1) the cost of a program exceeding 110 percent of the program authorization or $1 million more than the amount authorized, whichever is the lesser; or (2) programs which have not been presented to, or requested of, the Congress, unless the Secretary of Energy (Secretary) transmits to the appropriate congressional committees a full statement of the action proposed and 30 days have since expired. (Sec. 3122) Places certain funding limits (requiring congressional reports when amounts exceed such limits) for general plant and construction projects of DOE. Provides fund transfer authority (requiring congressional notification of any such transfer). (Sec. 3125) Directs the Secretary, before submitting a funding request for a construction project in support of a DOE national security program, to complete a conceptual design for such project. Requires a separate funding request for such designs for which the estimated costs exceed $3 million. Authorizes the Secretary to carry out construction design services in connection with any proposed construction project if the total estimated cost for the design does not exceed $600,000. Requires specific authorization by law for designs exceeding such amount. (Sec. 3126) Authorizes the use of DOE funds for planning, design, and construction activities for any DOE national security program that must proceed expeditiously in order to protect public health and safety, meet the needs of national defense, or protect property. Requires the Secretary to report to the Senate and House Armed Services and Appropriations Committees (congressional defense committees) when funds are so used. Makes funds for management and support activities and for general plant projects under this Subtitle available for all DOE national security programs. Subtitle C: Program Authorizations, Restrictions, and Limitations - Earmarks specified funds authorized under this title for specified three-year programs of research and development with respect to certain tritium production activities, including activities at the Los Alamos National Laboratory, New Mexico, and the Idaho National Engineering Laboratory. (Sec. 3132) Earmarks specified funds authorized under this title for certain plutonium disposition activities, including an environmental assessment. (Sec. 3133) Authorizes specified tritium-related activities to be carried out at the Savannah River Site, South Carolina, and the Los Alamos National Laboratory. (Sec. 3134) Directs the Secretary to carry out a program for establishing within the Government a manufacturing infrastructure which has the capability to: (1) refabricate and certify the enduring nuclear weapons stockpile; and (2) manufacture new nuclear warheads. Outlines required capabilities. Provides funding. (Sec. 3135) Earmarks funds authorized under this title for hydronuclear experiments at the Nevada Test Site. (Sec. 3136) Directs the Secretary to conduct a fellowship program for the development of skills critical to the ongoing mission of the DOE nuclear weapons complex. Outlines provisions concerning eligible individuals and DOE facilities at which the fellowship program shall be carried out. Provides funding. (Sec. 3137) Provides the effect of the issuance of environmental impact statements upon the use of appropriated funds for certain DOE facilities. (Sec. 3138) Directs the Secretary to: (1) prepare a comprehensive environmental impact statement for the dual-axis radiographic hydrotest facility project; and (2) issue a record of decision on the project pursuant to such statement. (Sec. 3139) Prohibits the use of FY 1996 DOE funds for specified research and education purposes. (Sec. 3140) Earmarks funds authorized under this title for: (1) electrometallurgical processing activities at the Idaho National Engineering Laboratory; (2) the processing of spent nuclear fuel rods at the Savannah River Site and the Idaho National Engineering Laboratory; and (3) the DOE Declassification Productivity Initiative. (Sec. 3142) Authorizes the Secretary to reprogram funds available to DOE for FY 1996 for activities related to the disposition of spent nuclear fuel in the Democratic People's Republic of Korea. Limits to $5 million the total amount authorized to be reprogrammed. (Sec. 3143) Earmarks funds authorized under this title for activities relating to worker protection at DOE nuclear weapons facilities. Subtitle D: Transfer of Jurisdiction Over Department of Energy National Security Functions - Expresses the sense of the Senate: (1) recognizing the critical importance of the U.S. nuclear weapons stockpile; and (2) questioning DOE's ability to continue to manage the stockpile. Directs the Secretaries of Defense and Energy to jointly submit to the Congress, by February 1, 1996, a report setting forth the notional plans which examine the potential transfer to the Department of Defense or an independent establishment of responsibility for the national security programs of DOE. Provides the various DOE organizations to be included in any such transfer, as well as other matters to be included in the plans. Requires each Secretary to ensure that the current mission and functioning of DOE national security programs would not be adversely affected during any transfer of responsibility. Subtitle E: Other Matters - Requires the Office of Military Applications under the Assistant Secretary of Energy for Defense Programs to retain responsibility for DOE's Defense Programs Emergency Response Program. (Sec. 3162) Provides the requirements for DOE weapons activities budgets for fiscal years after 1996. (Sec. 3163) Directs the Secretary to take appropriate actions to maintain the enduring nuclear weapons stockpile in complete readiness for use. (Sec. 3164) Directs the President to submit to the congressional defense committees a report on any presidential plans to purchase tritium from foreign suppliers for nuclear weapons stockpile purposes. (Sec. 3165) Requires the Secretary to direct the joint preparation by the Lawrence Livermore and Los Alamos National Laboratories of a report on permitting alternative limits to limits on the explosive yield of hydronuclear tests. Provides funding. (Sec. 3166) Directs the President to report to the Congress a master plan on current and future warheads in the enduring nuclear weapons stockpile. (Sec. 3167) Prohibits the Secretary from allowing an international inspection of a nuclear weapons facility until: (1) the Secretary certifies to the Congress that no restricted data or classified information will be revealed during such inspection; and (2) 30 days have elapsed since such certification. Title XXXII: Defense Nuclear Facilities Safety Board - Authorizes appropriations for FY 1996 for the Defense Nuclear Facilities Safety Board. Title XXXIII: Naval Petroleum Reserves - Directs the Secretary to sell all U.S. rights and interest to lands inside Naval Petroleum Reserve Number 1 (Elk Hills unit), Kern County, California. Directs the Secretary, within three months after the effective date of this Act, to finalize the equity interests of the known oil and gas zones in the Elk Hills unit after following the recommendations of an independent petroleum engineer or using other appropriate methods. Provides time limits and administrative procedures for such sale. Directs the United States to hold harmless and indemnify the purchaser of the Elk Hills unit from any liability resulting from its former ownership by the United States. Reserves seven percent of the sale proceeds from the Elk Hills unit for the resolution of all claims against the United States by California with respect to the production of, and proceeds of petroleum sales from, the Elk Hills unit. Requires the continued full production of the Elk Hills unit until completion of the sale. Provides transition provisions with respect to current petroleum contracts at Elk Hills. Prohibits the Secretary from entering into a contract for the sale of the Elk Hills unit until 31 days after notifying the defense committees of the proposed sale. Provides that, if the Secretary receives only one offer for the sale of Elk Hills, then the Secretary may not enter into a sale contract unless: (1) the Secretary notifies the Congress that only one offer was received, together with the offeror's conditions; and (2) a joint resolution approving such sale is enacted within 45 days after such notification. Provides joint resolution procedures. Authorizes appropriations for carrying out the sale of the Elk Hills unit. (Sec. 3302) Directs the Secretary to study and report to the Congress on the most cost-effective option of operating the naval petroleum reserve units other than Elk Hills.
Bill· HRH.R. 2202 (104th)open
United States · United States Congress · 4 August 1995
TABLE OF CONTENTS: Title I: Deterrence of Illegal Immigration Through Improved Border Enforcement, Pilot Programs, and Interior Enforcement Subtitle A: Improved Enforcement at Border Subtitle B: Pilot Programs Subtitle C: Interior Enforcement Title II: Enhanced Enforcement and Penalties Against Alien Smuggling; Document Fraud Subtitle A: Enhanced Enforcement and Penalties Against Alien Smuggling Subtitle B: Deterrence of Document Fraud Subtitle C: Asset Forfeiture for Passport and Visa Offenses Title III: Inspection, Apprehension, Detention, Adjudication, and Removal of Inadmissible and Deportable Aliens Subtitle A: Revision of Procedures for Removal of Aliens Subtitle B: Removal of Alien Terrorists Subtitle C: Deterring Transportation of Unlawful Aliens to the United States Subtitle D: Additional Provisions Title IV: Enforcement of Restrictions Against Employment Title V: Reform of Legal Immigration System Subtitle A: Worldwide Numerical Limits Subtitle B: Changes in Preference System Subtitle C: Refugees, Asylees, Parole, and Humanitarian Admissions Subtitle D: General Effective Date; Transition Provisions Title VI: Restrictions on Benefits for Aliens Subtitle A: Eligibility of Illegal Aliens for Public Benefits Subtitle B: Expansion of Disqualification from Immigration Benefits on the Basis of Public Charge Subtitle C: Attribution of Income and Affidavits of Support Title VII: Facilitation of Legal Entry Title VIII: Miscellaneous Provisions Immigration in the National Interest Act of 1995 - Title I: Deterrence of Illegal Immigration Through Improved Border Enforcement, Pilot Programs, and Interior Enforcement - Subtitle A: Improved Border Enforcement - Increases: (1) the Border Patrol; and (2) Immigration and Naturalization Service (INS) border enforcement and related personnel. (Sec. 102) Provides for barrier and road improvements at U.S. border areas of high illegal entry, including San Diego, California. Authorizes appropriations for San Diego area improvements. (Sec. 103) Provides for improved border equipment and technology. (Sec. 104) Provides for biometric identifiers to be included in border crossing identification cards. (Sec. 105) Establishes civil penalties for illegal U.S. entry. (Sec. 106) Authorizes appropriations for detention and prosecution of aliens who have unlawfully entered the United States at least twice. (Sec. 107) Provides for inservice Border Patrol training. Authorizes appropriations. Subtitle B: Pilot Programs - Establishes pilot programs for: (1) deterrence of multiple unauthorized U.S. entries, which may include interior or third party repatriation; (2) use of closed military bases as INS detention centers; and (3) collection of alien departure records. Subtitle C: Interior Enforcement - Provides for increased INS interior investigative and enforcement personnel. Title II: Enhanced Enforcement and Penalties Against Alien Smuggling; Document Fraud - Subtitle A: Enhanced Enforcement and Penalties Against Alien Smuggling - Amends Federal criminal law to: (1) authorize wiretaps in alien smuggling investigations; and (2) include alien smuggling within racketeering offenses. (Sec. 203) Amends the Immigration and Nationality Act (Act) to revise and increase criminal penalties for alien smuggling. (Sec. 204) Increases the number of Assistant United States Attorneys and provides for their assignment to criminal matters involving illegal aliens. (Sec. 205) Authorizes and provides for INS undercover investigations. Subtitle B: Deterrence of Document Fraud - Amends Federal criminal law and the Act to increase and establish criminal and civil penalties for specified immigration related document fraud offenses, including false citizenship claims. Subtitle C: Asset Forfeiture for Passport and Visa Offenses - Amends Federal criminal law to provide for asset forfeiture for passport and visa offenses. Title III: Inspection, Apprehension, Detention, Adjudication, and Removal of Inadmissible and Deportable Aliens - Subtitle A: Revision of Procedures for Removal of Aliens - Amends the Act to revise alien removal and penalty provisions. (Sec. 309) Sets forth transition provisions with respect to: (1) the Attorney General's option to apply current or revised procedures; (2) judicial review; (3) suspension of deportation; and (4) certain family unity aliens. Subtitle B: Removal of Alien Terrorists - Part 1: Removal Procedures for Alien Terrorists - Amends the Act to establish a special removal procedure for alien terrorists, including establishment of a special removal court and a panel of special attorneys with access to classified information. (Sec. 322) Authorizes additional appropriations for INS detention and removal of alien terrorists. Part 2: Inadmissibility and Denial of Relief for Alien Terrorists - Amends the Act to make membership in a terrorist organization grounds for U.S. exclusion. (Sec. 332) Denies alien terrorists status adjustment and deportation relief. Subtitle C: Deterring Transportation of Unlawful Aliens to the United States - Amends the Act with regard to vessel and aircraft transportation of illegal aliens into the United States. Subtitle D: Additional Provisions - Authorizes Federal retirees to be used in the Institutional Hearing Program. (Sec. 358) Authorizes additional appropriations to the Attorney General for removing inadmissible or deportable aliens. (Sec. 359) Establishes in the Treasury an Immigration Enforcement Account. (Sec. 360) Declares that Congress advises the President to negotiate prisoner transfer treaties, which may include compensation provisions. (Sec. 361) Amends the Violent Crime Control and Law Enforcement Act of 1994 to direct INS to operate a criminal alien identification system. (Sec 363) Authorizes special registration of aliens on criminal probation or parole. Title IV: Enforcement of Restrictions Against Employment - Increases full-time employee positions in: (1) the Investigations Division of INS; and (2) the Wage and Hour Division of the Employment Standards Administration of the Department of Labor. (Sec. 403) Amends the Act to revise the employer sanctions program. Provides for an employment eligibility confirmation mechanism. Title V: Reform of Legal Immigration System - Amends the Act to restructure current legal immigration categories and levels into the following: (1) family-sponsored immigrants; (2) employment-based immigrants; and (3) humanitarian immigrants. Subtitle A: Worldwide Numerical Limits - Amends the Act to establish fiscal year worldwide limits for such immigrant categories. (Sec. 504) Requires periodic congressional review and reauthorization of worldwide immigration levels. Subtitle B: Changes in Preference System - Amends the Act to limit immediate relatives to spouses and children of U.S. citizens. (Sec. 512) Limits preference allocation for family-sponsored immigrants to: (1) spouses and children of lawful permanent resident aliens; and (2) qualifying parents of U.S. citizens. Requires parents to have adequate health coverage. (Sec. 513) Revises preference allocations for employment-based immigrants. Establishes: (1) a pilot program for smaller alien job creation investors; and (2) conditional permanent resident status for certain foreign language teachers. (Sec. 515) Revises special immigrant status provisions, including: (1) inclusion of certain NATO civilian employees; and (2) extension of status for religious workers. (Sec. 517) Makes specified family and employment-based amendments. Subtitle C: Refugees, Asylees, Parole, and Humanitarian Admissions - Amends the Act to limit annual refugee admissions to 75,000 in FY 1997 or 50,000 in succeeding years unless the Congress provides for additional entries. (Sec. 523) Authorizes the temporary employment of certain retirees to help reduce asylum application backlogs. (Sec. 524) Limits parole entry to a case-by-case basis for humanitarian or significant public benefit reasons. (Sec. 525) Provides for the admission of humanitarian immigrants. (Sec. 526) Revises asylum provisions. Subtitle D: General Effective Date; Transition Provisions - Sets forth transition provisions for specified classification status petitions. Title VI: Restrictions on Benefits for Aliens - Subtitle A: Eligibility of Illegal Aliens for Public Benefits - Part 1: Public Benefits Generally - Makes illegal aliens ineligible for unemployment benefits and Federal and State assistance, contracts, and licenses, with exceptions for emergency medical services, public health immunizations, and short-term emergency disaster relief. Requires proof of identify for Federal contracts, grants, loans, licenses, and specified public assistance programs. Authorizes States to establish similar requirements. (Sec. 605) Requires the Secretary of Housing and Urban Development to report on the disqualification of illegal aliens from housing assistance programs. Part 2: Earned Income Credit - Amends the Internal Revenue Code to deny the earned income tax credit to individuals not authorized to work in the United States. Subtitle B: Expansion of Disqualification from Immigration Benefits on the Basis of Public Charge - Amends the Act to revise public charge grounds for inadmissibility and deportability. Subtitle C: Attribution of Income and Affidavits of Support - Attributes a sponsor's income and resources to a family-sponsored immigrant for purposes of eligibility for Federal means-tested public benefits programs. (Sec. 632) Amends the Act to set forth sponsor affidavit of support requirements. Title VII: Facilitation of Legal Entry - Provides for: (1) increased numbers of land border inspectors; and (2) border infrastructure improvements. (Sec. 703) Amends the Act to provide for: (1) preinspection at specified foreign airports; and (2) training of airline personnel in fraudulent document detection. Establishes a carrier consultant program. Title VIII: Miscellaneous Provisions - Amends the Act, as amended by the Immigration and Nationality Technical Corrections Act of 1994 to revise the definition of "aggravated felony." Amends the Act with regard to: (1) definitions of "child" and "parent"; (2) visa processing procedure; (3) waiver authority concerning notice of visa application denial; (4) Canadian landed immigrants; (5) H-1B nonimmigrants; (6) visa extensions; (7) status adjustment; (8) access to certain confidential INS files; (9) nonimmigrant status for spouses and children of members of the armed forces; (10) fraudulent birth certificates; (11) visa "shopping"; and (12) specified miscellaneous and technical provisions.
Law· HRH.R. 2196 (104th)enacted
United States · United States Congress · 4 August 1995
Technology Transfer Improvements Act of 1995 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 regarding title to intellectual property arising from cooperative research and development agreements (CRADAs) to provide: (1) the collaborating partner with the option to choose an exclusive or nonexclusive license for a field of use for a resulting CRADA invention; (2) confidentiality of commercial information; and (3) limited Government use rights under specified circumstances, such as public health and safety needs. Provides, with regard to income distribution from intellectual property received by Federal laboratories, for: (1) agency payments of $2000 plus 15 percent of future royalties to the inventor, and payments to other contributing personnel; and (2) laboratory use of royalties for related research and other expenses.
Bill· HRH.R. 2194 (104th)open
United States · United States Congress · 4 August 1995
Medicare PET Coverage Act of 1995 - Provides that nothing in title XVIII (Medicare) of the Social Security Act, or any other provision of law, regulation, policy, or interpretative statement, shall be construed to prohibit under Medicare parts A (Hospital Insurance) or B (Supplementary Medical Insurance) coverage of, and payment for, items and services associated with the use of positron emission tomography (PET) for a covered medical indication where the use meets specified conditions. Directs the Secretary of Health and Human Services to revise the Medicare national coverage decision relating to coverage of PET to be consistent with this Act. Provides that nothing in this paragraph shall be construed as preventing the Secretary from expanding such decision beyond the coverage required.
Bill· HRH.R. 2220 (104th)referred
United States · United States Congress · 4 August 1995
TABLE OF CONTENTS: Title I: Amendments of Internal Revenue Code of 1986 Subtitle A: Medical Care Savings Accounts Subtitle B: Expansion of COBRA Continuation Coverage Title II: Insurance Reform Subtitle A: Employer Insurance Protections Subtitle B: Guaranteeing Portability of Health Insurance for Individuals Subtitle C: Assuring Health Insurance Coverage for Uninsurable Individuals Health Insurance Portability and Guaranteed Renewability Act of 1995 - Title I: Amendments of Internal Revenue Code of 1986 - Subtitle A: Medical Care Savings Accounts - Amends the Internal Revenue Code (IRC) to provide for medical care savings benefits, under which a portion of a premium would be credited to a participating employee to pay for medical care and amounts remaining (if any) at the end of the year would be deposited to a medical care savings account (medical IRA). (Sec. 102) Defines a "medical care savings account" (MCSA) as a trust for the exclusive benefit of an individual and the individual's spouse and dependents and meeting certain requirements. Provides for the tax treatment of such accounts and their distributions. Treats custodial accounts as a trust if specified criteria are met. Amends various provisions of the IRC (relating to old-age, survivors, and disability insurance, hospital insurance, railroad retirement, unemployment taxes, and withholding) and the Social Security Act (relating to old-age, survivors, and disability insurance) to exclude from the definition of "wages" (or, in the case of provisions relating to railroad retirement, the definition of "compensation") any payment to or for the benefit of an employee if the payment is excludable from gross income. Amends the IRC to exempt MCSAs from provisions imposing a tax on certain prohibited transactions. Imposes a penalty for failure to file required report on a MCSA. (Sec. 103) Allows cafeteria plan flexible spending arrangements to be contributed to a MCSA. Subtitle B: Expansion of COBRA Continuation Coverage - Amends the IRC and the Employee Retirement Income Security Act of 1974 (ERISA) to exempt group health plans maintained by employers who all employ fewer than two (currently, 20) employees from continuation coverage requirements. Modifies requirements regarding the maximum required coverage period. Amends the Public Health Service Act (PHSA) to exempt group health plans maintained by employers who all employ fewer than four (currently, 20) employees from continuation coverage requirements. Modifies requirements regarding the maximum required coverage period. (Sec. 112) Amends the IRC, ERISA, and the PHSA to revise the type of continuation coverage required and general requirements for group health plan continuation coverage. Title II: Insurance Reform - Subtitle A: Employer Insurance Protections - Prohibits any health benefit insurer providing or offering a small group health plan from cancelling or not renewing except for specified reasons or refusing to provide coverage based solely on the nature of the employer's business or industry. Limits premium rate increases and variation (across and within business classes) in index rates. Allows an insurer to use industry as a case characteristic in establishing rates. (Sec. 202) Restricts preexisting condition limitations or exclusions. Requires insurers offering coverage to a small employer to offer coverage to all eligible employees of the small employer and their dependents. (Sec. 203) Amends the IRC to impose a penalty on the failure of an insurer or group health plan to meet the requirements of this subtitle. Subtitle B: Guaranteeing Portability of Health Insurance for Individuals - Declares that this subtitle applies only to health benefit plans delivered or issued to individuals in a State and does not apply to: (1) any employer-based plan; or (2) any eligible individual whose prior similar plan was provided by a State high risk pool, under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act, or under another State or Federal program (unless the individual was previously covered as a State or Federal employee). (Sec. 212) Requires an insurer, if an eligible individual or family applies for an individual plan, to either offer or deny coverage to all eligible individuals applying on the application. Regulates preexisting condition exclusions or limitations. Requires an insurer to offer, to a dependent who would otherwise lose eligibility because of certain events, continuation coverage identical to that previously issued. (Sec. 213) Regulates plan cancellation or nonrenewal. Subtitle C: Assuring Health Insurance Coverage for Uninsurable Individuals - Requires each health insurer, health service organization, and health maintenance organization to participate in a high risk health insurance pool in the State in which it operates. Requires that the pool assure the availability of qualified health insurance to uninsurable individuals. Funds the pool by an assessment against such entities on a pro rata basis of lives covered in the State. Allows the assessment to be added by those entities to the costs of their health insurance or coverage. (Sec. 222) Outlines criteria for being considered: (1) uninsurable; and (2) eligible. (Sec. 224) Limits premiums established under the pool.
Bill· HRH.R. 2211 (104th)referred
United States · United States Congress · 4 August 1995
Dioxin Reduction and Incinerator Alternatives Act of 1995 - Amends the Solid Waste Disposal Act to prohibit the issuance of permits for construction or expansion of municipal solid waste incinerators until 2001. Prohibits Federal agencies, State or local governments, or other waste management jurisdictions from issuing permits to such incinerators after December 31, 2000, unless the applicant demonstrates that: (1) an annual waste composition analysis of the solid waste generated within the area to be served by the facility is conducted; (2) specified percentages of certain waste categories are diverted to waste management methods other than incineration; (3) the facility will not interfere with diversion rates; (4) it is not feasible to manage the remaining solid waste through source reduction, reuse, or recycling; (5) the facility will not adversely affect the environment, human health, or the local economy and is not situated in a nonattainment area identified under the Clean Air Act; (6) the full cost of the facility over its entire life will be less costly than reducing, recycling, or composting waste; (7) the waste management jurisdiction conducts a public participation process; (8) the proposed construction or expansion is approved by the affected unit of local government; (9) firms operating the facility are in compliance with environmental and public health statutes, have paid outstanding fines for violations of such statutes, and make disclosure statements available; (10) an approved environmental impact statement is completed; (11) the facility is not located within one and a half miles of specified sites, including schools or churches, or of a drinking water source; (12) certain incinerator capacity studies have been completed; and (13) the facility will not have a disproportionate impact on minority or low-income communities. Requires ash from municipal solid waste incinerators to be managed in a monofill that contains only such ash and meets specified design requirements. Prohibits the use of such ash for any purpose. Prohibits the incineration of household hazardous waste, batteries, chlorinated plastics, consumer electronics, and yard waste in such incinerators. Prohibits the issuance of permits or prior approval for the construction or expansion of hazardous waste incinerators unless requirements similar to those for municipal solid waste incinerators have been met. Directs hazardous waste management permit applicants to demonstrate that the State in which the incinerator is located, and each State in which generators of hazardous waste to be incinerated at the facility are located, are implementing toxics use reduction programs. Applies this Act to any facility that burns hazardous waste.
Bill· HRH.R. 2207 (104th)referred
United States · United States Congress · 4 August 1995
TABLE OF CONTENTS: Title I: Mental Health Title II: Substance Abuse Title III: General Substance Abuse and Mental Health Performance Partnership Act of 1995 - Title I: Mental Health - Amends subpart I (Block Grants for Community Mental Health Services) of part B (Block Grants Regarding Mental Health and Substance Abuse) of title XIX (Block Grants) of the Public Health Service Act to remove provisions relating to: (1) formula grants to States; (2) State plans for community mental health services; and (3) certain funding agreements regarding services for children and regarding community mental health programs. Declares that the goals of the subpart are for the States and the Federal Government, working together in a partnership, to improve the quality of life of adults with serious mental illness and children with a serious emotional disturbance and to improve the overall mental health of the nation. Directs the Secretary of Health and Human Services to specify a list of performance partnership objectives and a core set of not more than five of those objectives that address mental health problems of national significance. Requires States, in order to receive a grant under the subpart, to propose a performance partnership including one or more of the objectives. Provides for negotiations. Mandates a grant to each State with which agreement is reached. (Sec. 102) Requires that a State report relating to the grant be reviewed by the State mental health planning council. (Sec. 103) Requires affording a State an opportunity to correct or mitigate a failure to meet maintenance of effort requirements. (Sec. 104) Ends a prohibition on spending the grant to provide financial assistance to entities other than public or nonprofit private entities. (Sec. 105) Revises minimum allotment requirements. (Sec. 106) Authorizes appropriations to carry out subpart I (Block Grants for Community Mental Health Services) and subpart III (General Provisions) of title XIX (Block Grants) and provisions relating to data collection with respect to mental health. (Sec. 107) Revises requirements regarding reservation of certain percentages for data collection, technical assistance, and payments to Indian tribes and tribal organizations and allows certain percentages to be reserved for payments to States with high or improved performance. Authorizes the Secretary of Health and Human Services to collect data, directly or through grants, contracts, or cooperative agreements, as needed to carry out part B (Block Grants Regarding Mental Health and Substance Abuse). (Sec. 108) Repeals part C (Projects for Assistance in Transition from Homelessness) of title V (Substance Abuse and Mental Health Services Administration). (Sec. 109) Replaces provisions relating to the establishment of grant programs for demonstration projects with provisions authorizing grants, contracts, and cooperative agreements for mental health prevention, treatment, and training demonstration projects. Repeals provisions relating to demonstration projects for individuals with positive test results for the etiologic agent for acquired immune deficiency syndrome (AIDS). (Sec. 110) Amends the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to authorize appropriations to carry out title I (Protection and Advocacy Systems) of the Act. Revises minimum allotment requirements. (Sec. 111) Amends the Public Health Service Act to authorize appropriations to carry out provisions relating to children with serious emotional disturbances. Allows waiver regarding required mental health services for Indian tribes and specified U.S. territories and possessions. (Sec. 112) Limits discharges in bankruptcy of the period of obligated service under provisions relating to mental health clinical traineeships. Title II: Substance Abuse - Amends subpart II (Block Grants for Treatment of Substance Abuse) of part B (Block Grants Regarding Mental Health and Substance Abuse) of title XIX (Block Grants) of the Public Health Service Act to remove provisions relating to: (1) formula grants to States; and (2) intravenous substance abuse. Declares that the goals of the subpart are for the States and the Federal Government, working together in a partnership, to reduce substance abuse and dependence, improve access, availability, and effectiveness regarding prevention and treatment, and reduce health risks. Directs the Secretary of Health and Human Services to specify a list of performance partnership objectives and a core set of not more than five of those objectives that address substance abuse problems of national significance. Requires States, in order to receive a grant under the subpart, to propose a performance partnership including one or more of the objectives. Provides for negotiations. Mandates a grant to each State with which agreement is reached. (Sec. 202) Removes provisions requiring: (1) grant recipients to make available tuberculosis services; (2) a revolving fund for establishing group homes for recovering substance abusers; (3) specified minimum percentages to be allocated regarding alcohol and regarding other drugs; (4) specified minimum percentages to be allocated regarding pregnant women and women with dependent children; (5) treatment services for pregnant women; (6) an improved treatment referral process; (7) continuing education for treatment and prevention employees; and (8) submission of a State assessment of needs. Removes provisions authorizing waiver of coordination requirements. (Sec. 203) Increases from ten to 15 cases per 100,000 the threshold for requiring that a State provide HIV disease early intervention services for individuals undergoing treatment for substance abuse. (Sec. 204) Revises procedures applicable to noncompliance States, allowing an opportunity to correct or mitigate. (Sec. 205) Removes a prohibition on providing financial assistance to any entity other than a public or nonprofit private entity. (Sec. 206) Authorizes appropriations to carry out subpart II (Block Grants for Treatment of Substance Abuse), subpart III (General Provisions) of title XIX (Block Grants), and provisions relating to a national data base on substance abuse prevention. (Sec. 207) Revises requirements regarding reservation of specified percentages for data collection, technical assistance, evaluations, and Indian tribes and tribal organizations and allows a specified percentage to be reserved for payments to States with high or improved performance. (Sec. 208) Replaces provisions authorizing grants, contracts, and cooperative agreements for the benefit of homeless individuals with provisions authorizing grants, contracts, and cooperative agreements for substance abuse prevention, treatment, and training demonstration projects. Repeals provisions of the Public Health Service Act relating to: (1) residential treatment programs for pregnant and postpartum women; (2) outpatient treatment programs for pregnant and postpartum women; (3) demonstration projects of national significance concerning improving substance abuse treatment; (4) grants for substance abuse treatment in State and local criminal justice systems; (5) training in the provision of treatment; (6) clinical training for substance abuse counselors and other health professionals involved in drug abuse education, prevention (sic); (7) community programs for drug abuse prevention; (8) prevention, treatment, and rehabilitation model projects for high risk youth; (9) employee assistance programs; (10) a model comprehensive program for treatment of substance abuse; and (11) expansion of capacity for providing treatment. (Sec. 209) Requires States to establish and maintain a State substance abuse prevention and treatment planning council. (Sec. 210) Removes provisions relating to minimum allotments. (Sec. 211) Repeals: (1) part E (Narcotic Addicts and Other Drug Abusers) of title III (General Powers and Duties) of the Public Health Service Act; (2) titles III (Civil Commitment of Persons Not Charged With Any Criminal Offense) and IV (Rehabilitation and Posthospitalization Care Programs and Assistance to States and Localities) of the Narcotic Addict Rehabilitation Act of 1966 (NARA); and (3) chapter 175 (Civil Commitment and Rehabilitation of Narcotic Addicts) of the Federal criminal code. Title III: General - Amends the Public Health Service Act to impose reporting requirements regarding the mental health partnerships and substance abuse partnerships under this Act. (Sec. 302) Removes provisions requiring peer review of both partnerships. (Sec. 303) Replaces provisions requiring Federal compliance reviews in at least ten States each year with provisions requiring Federal performance reviews every three to five years. (Sec. 304) Gives States an additional year to obligate grant funds. (Sec. 306) Authorizes appropriations to carry out amendments made by this Act relating to: (1) substance abuse prevention, treatment, and training demonstration projects; and (2) mental health prevention, treatment, and training demonstration projects. (Sec. 309) Authorizes the Secretary of Health and Human Services to select a list of prototype performance partnership objectives and a core set of those objectives on which all States should report.
Bill· HRH.R. 2206 (104th)referred
United States · United States Congress · 4 August 1995
Health Centers Consolidation Act of 1995 - Amends the Public Health Service Act to replace the definition of "community health center" with provisions defining "health center" to mean an entity that provides to a medically underserved population primary health services and, as appropriate, additional health services. Lists required primary and permissible additional services. Authorizes grants to plan, develop, and operate health centers that will serve medically underserved populations, and grants regarding infant mortality and childhood morbidity, for: (1) migratory and seasonal agricultural workers and their families; (2) homeless individuals, including children at risk of homelessness, requiring grant recipients, in addition to providing primary health services, to provide substance abuse services; and (3) residents of public housing. Relocates (in each case to provisions relating to health centers (currently, community health centers)) provisions relating to: (1) environmental health hazards to migratory and seasonal agricultural workers; (2) definitions relating to such workers; (3) definitions relating to homeless individuals and to substance abuse; and (4) consultation with residents of public housing by grant recipients. Declares that provisions requiring health centers to serve all residents in a catchment area do not apply to grants authorized by this Act. Revises requirements regarding the handling of certain grant overpayments. Requires community centers to have an overall plan and budget meeting requirements of the Secretary of Health and Human Services (currently, requirements of specified provisions of title XVIII (Medicare) of the Social Security Act). Removes requirements that: (1) the Secretary provide each grant recipient a list of resources to improve the environmental and nutritional status of individuals in the recipient's catchment area; and (2) each grant recipient have an annual financial audit. Authorizes appropriations. Authorizes the Secretary to reserve a specified percentage of amounts appropriated for supplemental awards to grantees demonstrating high or improved performance. Regulates the percentages of amounts awarded to various grants. Repeals from the Public Health Service Act provisions not relocated by this Act relating to migrant health centers, health services for the homeless, and health services for residents of public housing.
Bill· HRH.R. 2249 (104th)referred
United States · United States Congress · 4 August 1995
Medicare Managed Health Care Sunshine Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to require eligible health maintenance and other organizations to provide requesting enrollees or potential enrollees with physician credential and certain financial information of the organization.
Bill· HRH.R. 2245 (104th)referred
United States · United States Congress · 4 August 1995
National Community Health Advisor Act - Mandates financial assistance to each applying State (or an agency designated by a State) for the development and operation of community health advisor programs. Sets forth a formula for determining the amount of allotments. Authorizes appropriations.
Bill· HRH.R. 2247 (104th)referred
United States · United States Congress · 4 August 1995
Medical Nutrition Therapy Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of medical nutrition therapy services of registered dieticians and nutrition professionals.
Bill· HRH.R. 2226 (104th)referred
United States · United States Congress · 4 August 1995
Medicaid Fair Funding Act of 1995 - Amends title XIX (Medicaid) of the Social Security Act to change the Federal medical assistance percentage used under the Medicaid program.
Resolution· HCONRESH.Con.Res. 98 (104th)referred
United States · United States Congress · 4 August 1995
Declares that it is the sense of the Congress that any legislation enacted to reform the health care system must: (1) ensure that every person has access to coverage for medically and psychologically necessary treatments for mental disorders that is equivalent to the coverage provided for treatments of physical illnesses; and (2) meet specified requirements concerning coverage, consumer choice, financial protection, financing policies, and coordination across Federal, State, and local programs.
Bill· SS. 1120 (104th)referred
United States · United States Congress · 3 August 1995
TABLE OF CONTENTS: Title I: Block Grants for Temporary Assistance for Needy Families Title II: Supplemental Security Income Subtitle A: Eligibility Restrictions Subtitle B: Benefits for Disabled Children Subtitle C: Studies Regarding Supplemental Security Income Program Subtitle D: National Commission on the Future of Disability Subtitle E: State Supplementation Programs Title III: Food Stamp Reform Subtitle A: Food Stamp Reform Subtitle B: Anti-Fraud and Trafficking Title IV: Child Nutrition Programs Subtitle A: Reimbursement Rates Subtitle B: Grant Programs Subtitle C: Other Amendments Subtitle D: Reauthorization Title V: Noncitizens Title VI: Child Care Title VII: Workforce Development and Workforce Preparation Activities Subtitle A: General Provisions Subtitle B: Statewide Workforce Development Systems Subtitle C: Job Corps and Other Workforce Preparation Activities for At-Risk Youth Subtitle D: Transition Provisions Subtitle E: National Activities Subtitle F: Repeals of Employment and Training and Vocational and Adult Education Programs Title VIII: Workforce Development-Related Activities Subtitle A: Amendments to the Rehabilitation Act of 1973 Subtitle B: Amendments to Immigration and Nationality Act Title IX: Child Support Subtitle A: Eligibility for Services; Distribution of Payments Subtitle B: Locate and Case Tracking Subtitle C: Streamlining and Uniformity of Procedures Subtitle D: Paternity Establishment Subtitle E: Program Administration and Funding Subtitle F: Establishment and Modification of Support Orders Subtitle G: Enforcement of Support Orders Subtitle H: Medical Support Subtitle I: Enhancing Responsibility and Opportunity for Nonresidential Parents Subtitle J: Effect of Enactment Title X: Reform of Public Housing Work Opportunity Act of 1995 - Title I: Block Grants For Temporary Assistance For Needy Families - Replaces the current Aid to Families with Dependent Children (AFDC) and Job Opportunities and Basic Skills Training (JOBS) programs under parts A and F of title IV of the Social Security Act (SSA) with a program of block grants to the States for temporary assistance for needy families with minor children (TEA program). Gives such program the stated purpose of increasing State flexibility in operating a program with mandatory work and education requirements (as well as certain penalties against adult family members on TEA assistance who refuse to work) as well as adult- supervised living arrangements for unmarried teenage parents designe: o: (1) provide certain time-limited assistance to needy families with minor children that enter into a personal responsibility contract with the State, with certain exceptions involving minor children and hardship situations; (2) provide job preparation and opportunities for such families, including opportunities to participate in State-approved job placement agency services; and (3) prevent and reduce the incidence of out-of-wedlock pregnancies. Denies TEA assistance for fugitive felons and probation and parole violators. (Sec. 101) Expresses the sense of the Congress that: (1) each State operating a TEA program is encouraged to assign the highest priority to requiring adults in two-parent families and adults in single-parent families that include older preschool or school-age children to be engaged in work activities; and (2) prevention of out-of-wedlock pregnancy and reduction in out-of-wedlock births are very important Government interests and the policy contained in the provisions of this title is intended to address the crisis. Establishes in the Treasury a revolving Federal Loan Fund for State Welfare Programs for loans to any loan-eligible State for conducting welfare anti-fraud and other specified activities. Outlines program audit and data collection and reporting as well as certain study requirements. Authorizes the Secretary of Health and Human Services (HHS) to conduct research, evaluations, and national studies with regard to programs funded under this title. Directs the Bureau of the Census to expand the Survey of Income and Program Participation as necessary to obtain such information as will enable interested persons to evaluate the impact of the changes made by this title on a random national sample of recipients of assistance under State programs funded under this title and other appropriate low-income families. Addresses the treatment of existing State AFDC waivers in effect or approved by the Secretary as of October 1, 1995. Provides for the treatment of Indian tribes with regard to grant amounts and other specified program matters affecting Indians. Makes the Assistant Secretary for Family Support within HHS the official responsible for administering SSA title IV part A and D (Child Support and Establishment of Paternity) programs. (Sec. 102) Allows States to contract with charitable, religious, and private organizations to provide services and administer programs established or modified by this Act. (Sec. 103) Prohibits financial assistance provided under such programs from being expended for any sectarian purpose or activity, including sectarian worship or instruction. (Sec. 104) Provides for continued application of current AFDC standards under the Medicaid program under SSA title XIX. (Sec. 105) Specifies reductions in HHS personnel the Secretary must make with regard to positions relating to an activity previously authorized under the former AFDC and JOBS programs. (Sec. 107) Makes conforming amendments to the Food Stamp Act of 1977 and related provisions of other specified Federal laws. Authorizes appropriations. Title II: Supplemental Security Income - Subtitle A: Eligibility Restrictions - Amends SSA title XVI (Supplemental Security Income) (SSI) to: (1) deny SSI by reason of disability to drug addicts and alcoholics; (2) revise representative payee requirements; (3) provide for limited eligibility of certain noncitizens for SSI benefits; (4) deny SSI benefits for ten years to individuals found to have fraudulently misrepresented residence in order to obtain benefits simultaneously in two or more States; (5) deny SSI benefits for fugitive felons and probation and parole violators; and (6) provide for exchange of SSI information with law enforcement agencies. Subtitle B: Benefits for Disabled Children - Revises the rules with respect to childhood eligibility, with corresponding changes to childhood SSI regulations modifying the medical criteria for evaluation of mental and emotional disorders, and discontinuing the use of individualized functional assessments for children. Requires the Commissioner of Social Security to redetermine the eligibility of any individual under age 18 who is receiving SSI benefits based on a disability as of the date of the enactment of this Act and whose eligibility for such benefits may terminate by reason of the above amendments. (Sec. 212) Provides that not less frequently than once every three years the Commissioner shall review the continued SSI eligibility of each individual who has not attained 18 years of age and is eligible for such benefits by reason of an impairment (or combination of impairments) which may improve (or, which is unlikely to improve, at the option of the Commissioner). Requires a parent or guardian of a recipient whose case is so reviewed to present, at the time of review, evidence demonstrating that the recipient is, and has been, receiving treatment, to the extent considered medically necessary and available, of the condition which was the basis for providing benefits under the SSI program. Provides that if an individual is eligible for SSI benefits by reason of disability for the month preceding the month in which the individual attains age 18, the Commissioner shall redetermine such eligibility: (1) during the one year period beginning on the individual's 18th birthday; and (2) by applying the criteria used in determining the initial eligibility for applicants who have attained age 18. Outlines specific requirements governing: (1) continuing disability reviews for low birth weight babies; and (2) benefit payments through representative payees to eligible individuals and their spouses. Subtitle C: Studies Regarding Supplemental Security Income Program - Requires the Commissioner of Social Security to report annually to the President and the Congress regarding the SSI program. (Sec. 222) Requires the Commissioner to issue a request for comments in the Federal Register regarding improvements to the disability evaluation and determination procedures for individuals under age 18 to ensure the comprehensive assessment of such individuals. Directs the Commissioner to review such comments and issue any regulations implementing any necessary changes not later than 18 months after this Act is enacted. (Sec. 223) Requires the Commissioner to make arrangements with the National Academy of Sciences, or other independent entity, to study the disability determination process under SSA titles II and XVI for reports to the President and the Congress. (Sec. 224) Directs the Comptroller General to study and report on the impact of the amendments made by, and the provisions of, this title on the SSI program. Subtitle D: National Commission on the Future of Disability - Establishes the National Commission on the Future of Disability to develop and carry out a comprehensive study of all matters related to the nature, purpose, and adequacy of all Federal programs serving individuals with disabilities, including the programs under SSA titles II and XVI, with resulting recommendations for appropriate action submitted to the President and the Congress. Subtitle E: State Supplementation Programs - Repeals maintenance of effort requirements applicable to optional State programs for supplementation of SSI benefits. Title III: Food Stamp Program - Subtitle A: Food Stamp Reform - Amends the Food Stamp Act of 1977 (Act) to establish a maximum 24-month food stamp program (program) authorization period for certain households. (Sec. 303) Authorizes States to establish additional criteria for separate household determinations. (Sec. 304) Revises thrifty food plan adjustment requirements. (Sec. 305) Revises the definition of "homeless individual" to limit the length of time a person may temporarily live in another person's residence. (Sec. 307) Revises household income exclusion provisions regarding: (1) students; and (2) Federal energy assistance. (Sec. 309) Revises household income deduction provisions regard: : (1) standard deductions; (2) earned income; (3) dependent care; (4) child support payments; (5) homeless shelter assistance; (6) excess medical expenses; and (7) excess shelter expenses. (Sec. 310) Eliminates specified excludable auto value increases. (Sec. 311) Revises the scope of sponsor-attributed income and resources regarding alien program eligibility. (Sec. 312) Revises work requirement and employment and training provisions. Extends employment and training funding authorizations. (Sec. 315) Authorizes comparable program disqualification based upon welfare or public assistance disqualification. (Sec. 316) Requires at State option: (1) cooperation with child support agencies in order to maintain program eligibility; and (2) program disqualification for child support arrears. (Sec. 318) Disqualifies permanently an individual who participates in the program in two or more States. (Sec. 319) Defines "work program." (Sec. 320) Exempts electronic transfers of program benefits from specified disclosure, protection, and remedy provisions. (Sec. 321) Eliminates annual minimum allotment adjustments. (Sec. 323) Authorizes a combined allotment for expedited households. (Sec. 324) Authorizes program reductions for failure to comply with a public assistance reduction requirement. (Sec. 325) Authorizes program assistance for households residing in a homeless shelter or drug or alcohol treatment center. (Sec. 327) Eliminates certain certification personnel training requirements. (Sec. 328) Provides for the exchange of information with Federal, State, or local law enforcement authorities, including the Immigration and Naturalization Service, under specified circumstances. (Sec. 329) Revises expedited coupon service requirements. (Sec. 330) Authorizes a family to withdraw a fair hearing request. (Sc. 331) Permits States to use income and eligibility verification systems other than the system used in part A (General Provisions) of title XI (General Provisions and Peer Review) of the Social Security Act. (Sec. 130) Directs program overissuances to be collected by: (1) allotment reduction; (2) unemployment compensation withholding; or (3) Federal pay or Federal income tax refund recovery. (Sec. 333) Terminates Federal matching requirements for program informational activities. (Sec. 335) Authorizes States to use funds otherwise available to a participating household for a work supplementation or support program. Sets forth program provisions. (Sec. 336) Authorizes waiver of program requirements as necessary to conduct related pilot projects. Authorizes appropriations. (Sec. 339) Authorizes States to carry out private sector employment initiatives. Sets forth program provisions. (Sec. 340) Authorizes appropriations for: (1) program operations; and (2) Puerto Rico block grants. (Sec. 342) Authorizes States to carry out a Simplified Food Program in lieu of existing program requirements. Sets forth Program provisions. (Sec. 343) Establishes an optional State food assistance block grant program. Sets forth program provisions. Subtitle B: Anti-Fraud and Trafficking - Amends the Act to expand the definition of "coupon." (Sec. 352) Increases penalties for specified food stamp program (program) violations. (Sec. 353) Authorizes the Secretary of Agriculture to establish specific time periods for: (1) retain food stores and wholesale food concerns (stores) to apply for program participation; and (2) prohibition of program participation based on lack of business integrity. (Sec 355) Includes income and sales tax information among the types of eligibility verification information which may be requested. (Sec. 356) Establishes a six-month reapplication waiting period for a store that does not meet participation requirements. (Sec. 358) Authorizes suspension of a store pending administrative and judicial review. (States that the Secretary shall not be liable for lost sales during such period.) (Sec. 359) Provides for disqualification of a store that is disqualified from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). (Sec. 360) Provides for permanent disqualification of a store that knowingly submits a falsified application. (Sec. 361) Establishes criminal forfeiture penalties for specified program violations. Title IV: Child Nutrition Programs - Subtitle A: Reimbursement Rates - Amends the National School Lunch Act (NSLA) to terminate the additional lunch payment for schools with high percentages of free or reduced price lunches. (Sec. 402) Revises NSLA annual adjustment provisions for: (1) value of food assistance; and (2) lunches, breakfasts, and supplements. (Sec. 404) Revises NSLA service institution payment provisions for the summer food service program for children. (Sec. 405) Amends the Child Nutrition Act of 1966 (CNA) to revise annual adjustment provisions for: (1) the special milk program; and (2) the school breakfast program. (Sec. 407) Conforms reimbursement for CNA school breakfasts with that for NSLA school lunches. Subtitle B: Grant Programs - Amends CNA to: (1) terminate school breakfast startup grants; and (2) reduce annual authorization of appropriations for nutrition education and training programs. Subtitle C: Other Amendments - Amends NSLA and CNA to set forth free and reduced price policy statements for the school lunch program and the school breakfast program. (Sec. 422) Revises NSLA provisions for the summer food service program for children. Allows participating school food authorities to permit a child to refuse not more than one item of a meal that the child does not intend to consume. Provides that a refusal of an offered food shall not affect the amount of payments to a school for the meal. Removes a requirement that States submit a plan or schedule as part of notice to institutions. (Sec. 423) Revises NSLA provisions for the child and adult care food program with respect to payments to certain sponsor employees. Revises provisions regarding day care home reimbursements. Requires reservation of certain funds for grants to States for assistance for family or group day care homes. Requires Federal and State provision of certain data to family or group day care home sponsoring organizations. Disallows certain meal claims. Eliminates certain requirements involving State paperwork and outreach. Requires States to provide training, technical assistance, and monitoring. (Sec. 424) Requires a review of all NSLA and CNA reporting requirements and a report recommending elimination of any that impose a paperwork burden on agencies and schools which cannot be justified by their contribution to program effectiveness. Subtitle D: Reauthorization - Amends the Agriculture and Consumer Protection Act of 1973 to reauthorize appropriations for the commodity distribution program. (Sec. 432) Amends the Emergency Food Assistance Act of 1983 and the Omnibus Budget Reconciliation Act of 1993 to extend authority and reauthorize appropriations for the emergency food assistance program. (Sec. 433) Amends the Hunger Prevention Act of 1988 to reauthorize appropriations for the soup kitchens program. (Sec. 434) Amends the Agriculture and Food Act of 1981 to extend authority for processing of agricultural commodities into food products. (Sec. 435) Amends the Agriculture and Consumer Protection Act of 1973 to extend authority for the commodity supplemental food program. Title V: Noncitizens - Gives States the option of prohibiting the use of any grant funds received under SSA title IV part A, or the new optional State food assistance block grant program established under title III of this Act, for the provision of assistance under the related State programs for an individual who is not a citizen or national of the United States. (Sec. 502) Provides that, for purposes of determining the eligibility of an individual (whether a citizen or national of the United States or an alien) for assistance, and the amount of assistance, under any Federal program of assistance provided or funded, in whole or in part, by the Federal Government for which eligibility for benefits is based on need, certain described income and resources pertaining to the individual's sponsor shall, in spite of any other provision of law, be deemed to be the income and resources of such individual. Applies such requirement for the period for which the sponsor has agreed, in an affidavit or agreement, to provide support for such individual, or for a period of five years beginning on the date such individual was first lawfully in the United States after the execution of such affidavit or agreement, whichever period is longer. Outlines similar deemed income authority for State and local programs of assistance authorized under Federal law for which eligibility is based on need. Exempts from such restrictions eligibility for emergency medical services under Medicaid, short-term emergency disaster relief, assistance or benefits under the National School Lunch Act, assistance or benefits under the Child Nutrition Act of 1966, and public health assistance for immunizations with respect to immunizable diseases and for testing and treatment for communicable diseases under certain conditions. (Sec. 503) Details the limited eligibility of noncitizens for SSI benefits. Title VI: Child Care - Child Care and Development Block Grant Amendments Act of 1995 - Amends the Child Care and Development Block Grant Act of 1990 to consolidate Federal child care programs. (Sec. 602) Extends the authorization of appropriations under the Act. Revises provisions for the lead agency to allow such agency to administer the financial assistance received by the State under the act either directly or through other governmental or nongovernmental agencies. Requires sufficient time and statewide distribution for the notice of the public hearing on child care services provision under the State plan. Revises provisions for the State application and plan. Eliminates a requirement that providers that are not required to be licensed or regulated under State or local law be required to register with the State before payment is made under the Act. Requires the State to implement mechanisms to ensure that appropriate payment mechanisms exist so that proper payments under this subchapter will be made to providers. Directs the Secretary of Health and Human Services to develop minimum child care standards, appropriately reflective of tribal needs and available resources, applicable to Indian tribes and tribal organization receiving assistance under the Act. Reduces from 25 to 15 percent of annual assistance to a State the set-aside for quality of child care and before- and after-school and early childhood development services. Applies such set-aside, however, only to child care quality improvement activities and no longer to early childhood development and before- and after-school care services. Adds a limitation on administrative costs. Requires the sliding fee scale to ensure a representative distribution of funding among the working poor and recipients of Federal welfare assistance. Expands eligibility criteria to include families earning up to 100 percent (currently 75 percent) of the State median family income. Revises requirements relating to quality improvement activities to include: (1) under resource and referral programs, consumer education, referrals honoring parental choice, and activities to improve quality and availability of child care; and (2) under other activities, increasing availability of care before- and after-school, for infants, and during nontraditional work hours. Repeals a requirement that States expend a specified minimum amount of reserved funds for early childhood development and before- and after-school services. Revises requirements for enforcement and for reports. Authorizes the Secretary to permit an Indian tribe or organization to use certain assistance to construct or renovate facilities that will be used to carry out child care programs. Provides for reallocation of assistance to other Indian tribes or organizations under certain conditions. Allows use of child care certificates as deposits. Includes among eligible child care providers those who care for an eligible great grandchild or sibling (if in the latter case the provider lives in a separate residence). Eliminates certain registration requirements for providers who are relatives. (Sec. 603) Repeals: (1) the State Dependent Care Development Grants Act; and (2) the Child Development Associate Scholarship Assistance Act of 1985. Title VII: Workforce Development and Workforce Preparation Activities - Subtitle A: General Provisions - Workforce Development Act of 1995 - Sets forth congressional findings, purposes of this title, and the definitions of terms used in this title and title VIII. Subtitle B: Statewide Workforce Development Systems - Establishes a program of assistance for Statewide workforce development systems. (Sec. 711) Directs the Governing Board of the Workforce Development Partnership (Federal Partnership, established under this Act) (Governing Board) to make allotments, for program years 1998 and subsequent, to States to help pay costs of establishing and carrying out activities through statewide workforce development systems. (Sec. 712) Sets forth formulae for such State allotments. (Sec. 713) Requires States to apportion such allotment funds by specified percentages among workforce employment activities, workforce education activities, and flexible workforce activities. (Sec. 714) Sets forth requirements relating to State plans describing: (1) the strategic plan for the statewide system, including flexible workforce activities, and, if appropriate, economic development activities; (2) workforce employment activities; and (3) workforce education activities. (Sec. 715) Authorizes Governors of States receiving such allotments to establish State workforce development boards with certain membership requirements and functions. (Sec. 716) Sets forth required and authorized uses of funds under this title. Requires funds for workforce employment activities to be used for: (1) one-stop delivery of specified core services; (2) a statewide comprehensive labor market information system; and (3) a job placement accountability system. Allows such funds to also be used for: (1) specified permissible one-stop delivery activities; (2) other specified permissible activities which may be provided through vouchers, including certain forms of training, supportive, and followup services; (3) staff development and training; and (4) incentive grant awards to substate areas that reach or exceed State benchmarks. Requires State educational agencies to use funds for workforce education activities to carry out, through the statewide system, activities that include: (1) integrating academic and vocational education; (2) linking secondary and postsecondary education (including implementing tech-prep programs); (3) career guidance and counseling at the earliest possible age; (4) literacy and basic education for adults and out-of-school youth, including those in correctional institutions; (5) secondary education completion programs for adults and out-of-school youth; (6) improving vocational education programs; and (7) improving access to quality vocational education programs for at-risk youth. Sets forth certain fiscal requirements for such workplace education activities. Requires States to use a portion of the funds for flexible workforce activities (flex account funds) to carry out school-to-work activities through the statewide system (except that any State that received a grant under specified provisions of the School-to-Work Opportunities Act of 1994 must use such portion to support continued development of the statewide School-to-Work Opportunities system through continuing activities in accordance with such grant). Allows States to use a portion of such flex account funds for workforce employment and workforce education activities. Allows States that meet specified requirements to use a portion of flex account funds for specified economic development activities relating to workforce training and skills upgrading. Sets forth limitations on use of funds and on individual participation under this title. (Sec. 717) Outlines provisions for supporting Indian and Native Hawaiian workforce development activities and associated supplemental services for Indian and Native Hawaiian youth and public assistance recipients on or near reservation areas. (Sec. 718) Directs the Governing Board, using certain funds made available below, to make grants to outlying areas to carry out workforce development activities. (Sec. 721) Provides for local uses of funds under this title, including: (1) local apportionment by activity, distributing 75 percent of workforce employment activities funds to local entities and 80 percent of workforce education activities funds to certain educational entities; (2) distributions for secondary school vocational education, for postsecondary and adult vocational education, and for adult education; and (3) minimal allocations and redistribution. Provides for States to enter into local agreements regarding workforce employment activities, school-to-work activities, and economic development activities to be carried out in each substate area with local partnerships (or, where established, workforce development boards). (Sec. 731) Provides for: (1) accountability; and (2) incentives and sanctions. (Sec. 733) Amends the Social Security Act with respect to the Unemployment Trust Fund to make Federal Unemployment Tax Act (FUTA) revenues available for statewide workforce development systems to the extent they are used to carry out specified core services relating to job search, placement assistance and labor market information provided through the one-stop career centers. (Sec. 734) Authorizes appropriations to carry out this Act (other than subtitle C below). Sets forth certain reservations of funds. Subtitle C: Job Corps and Other Workforce Preparation Activities for At-Risk Youth - Requires a State to use a portion of its allotment for workforce preparation activities for at-risk youth to maintain any Job Corps Center located in that State and carry out specified activities for Job Corps enrollees assigned there, if such center received assistance under the Job Training Partnership Act (JTPA) for FY 1996 and was not closed in accordance with specified provisions. (Sec. 744) Limits eligibility for the Job Corps to at-risk youth. (Sec. 745) Provides for Job Corps: (1) screening and selection of applicants; (2) enrollment and assignment; (3) centers' development, character, activities, operators, and inclusion of Civilian Conservation Centers; (4) program activities; (5) support by States of enrollees through personal allowances; (6) State operating plans; (7) standards of conduct; (8) community participation; and (9) counseling and placement. (Sec. 754) Directs the Secretary of Labor to offer leases and sales of Job Corps centers, for nominal consideration, to States with approved State plans. (Sec. 755) Provides for closure of certain Job Corps centers. Directs the Governing Board to conduct a national Job Corps audit, report to the appropriate congressional committees, and report recommendations to the Secretary of Labor, including identification of 25 Job Corps centers to be closed by September 30, 1997. Directs the Secretary, after reviewing such report, to close 25 centers by such date. (Sec. 756) Amends JTPA to set forth requirements for interim operating plans for Job Corps centers. (Sec. 759) Directs the Governing Board, for program years 1998 and subsequent, to make allotments to States to help pay for carrying out specified workforce preparation activities for at-risk youth. Sets forth provisions for core required activities, permissible activities, allotment formulas, State plans, applications, and within-State distribution. (Sec. 241) Authorizes appropriations to carry out this subtitle. Subtitle D: Transition Provisions - Authorizes the Secretary (of Labor or of Education or of Health and Human Services, depending on the covered activity) to waive, during a transition period, any requirement under any provision of law (or regulation under it) relating to a covered activity for States or localities that request such waivers and comply with specified requirements. Requires States to submit interim State plans to the Governing Board in order for a State or locality to use such transition waivers. (Sec. 765) Authorizes interim appropriations under the Older American Community Service Employment Act, the Carl D. Perkins Vocation and Applied Technology Education Act, and other specified Acts. Subtitle E: National Activities - Establishes the Workforce Development Partnership (Federal Partnership) as a Government corporation, with a Governing Board and an Office of Inspector General, to administer activities under this Act. Authorizes appropriations. (Sec. 772) Directs the Assistant Secretary for Educational Research and Improvement to: (1) conduct a national assessment of vocational education programs assisted under this Act, through studies and analyses conducted independently through competitive awards; and (2) appoint an independent advisory board to advise on implementation of such assessment. (Sec. 773) Directs the Governing Board to oversee development and continuous improvement of a nationwide integrated labor market information system. Sets forth Federal, joint Federal-State, and State responsibilities with respect to labor market information. (Sec. 774) Authorizes the Governing Board to a competitive grant to an institution of higher education, a public or private nonprofit organization or agency, or a consortium to establish a National Center for Research in Education and Workforce Development. (Sec. 775) Transfers to the Federal Partnership, as of June 30, 1998, all functions of the Secretaries of Labor and of Education (including those of their Offices of Inspector General) that relate to a covered activity and are minimally necessary to carrying out Federal Partnership functions. Provides for: (1) determinations of functions by the Board, including Board review of a proposed transition workplan of the Secretaries; (2) personnel, delegation and assignment, reorganization, and rulemaking powers; (3) transfer and allocations of appropriations and personnel; (4) incidental transfers, effect on personnel, and savings provisions; (5) a transition period; and (6) Board recommendations for additional legislation. (Sec. 776) Transfers to the appropriate receiving agency all functions that do not relate to a covered activity, but that the Secretaries of Labor and of Education, acting through the Employment and Training Administration (ETA) and the Office of Vocational and Adult Education (OVAE), respectively, exercised before June 30, 1998. Directs the Secretaries to submit, for Board review, a proposed transition workplan that includes determinations of: (1) ETA and OVAE functions that do not relate to a covered activity; and (2) appropriate receiving agencies for such functions. (Sec. 777) Terminates OVAE and ETA on July 1, 1998 (as well as any authority granted them or any of their units by any reorganization plan). Subtitle F: Repeals of Employment and Training and Vocational and Adult Education Programs - Repeals: (1) the State Legalization Impact Assistance Grant program under the Immigration Reform and Control Act of 1986; (2) specified Federal law to assist workers displaced by the expansion of the Redwood National Park; (3) the Displaced Homemakers Self-Sufficiency Assistance Act; (4) provisions for Appalachian vocational and other educational facilities and operations under the Appalachian Regional Development Act of 1965; (5) the Job Training for the Homeless demonstration program under the Stewart B. McKinney Homeless Assistance Act; (6) specified Federal transportation law for assistance by the Secretary of Transportation for certain human resource programs relating to mass transportation; and (7) specified Federal transportation law provisions for a program of protection and rehiring of certain dislocated airline employees, and assistance for them from an Airline Employee Protective Account administered by the Department of Labor. Repeals as of July 1, 1998: (1) trade adjustment assistance services under the Trade Act of 1974; (2) the Adult Education Act; (3) the Carl D. Perkins Vocational and Applied Technology Act; (4) the School-to-Work Opportunities Act of 1994; (5) the Wagner-Peyser Act (employment services); (6) the Job Training Partnership Act; (7) community service employment for older Americans under the Older Americans Act of 1965; and (8) programs of Adult Education for the Homeless and of Education for Homeless Children and Youth under the Stewart B. McKinney Homeless Assistance Act. (Sec. 782) Makes conforming amendments to various Federal laws, reflecting such immediate and subsequent repeals. Title VIII: Workforce Development-Related Activities - Subtitle A: Amendments to the Rehabilitation Act of 1973 - Amends the Rehabilitation Act of 1973 (RA) to repeal authorities relating to consolidated rehabilitation plans. (Sec. 805) Authorizes the Commissioner of the Rehabilitation Administration to provide assistance to achieve participation by individuals with disabilities in activities carried out through a statewide workforce development system. (Sec. 808) Revises a declaration of policy to include references to linkages between the RA vocational rehabilitation program and other integral components of the statewide workforce development system. (Sec. 810) Revises provisions for individualized written rehabilitation programs, and renames them as individualized employment plans. (Sec. 811) Revises the scope of vocational rehabilitation services to eliminate surgery from the authorized uses of funds. Removes the qualification that small business operators' disabilities must be most severe in order for them to receive certain management services and supervision from State agencies. (Sec. 812) Provides for linkages between members of State Rehabilitation Advisory Councils and State workforce development boards. (Sec. 813) Requires consistency between RA evaluation standards and performance indicators and State benchmarks established under this Act. (Sec. 814) Repeals authority for Innovation and Expansion Grants (part C of title I Vocational Rehabilitation Services under RA). Subtitle B: Amendments to Immigration and Nationality Act - Prohibits State use of certain funds under the Immigration and Nationality Act for workforce employment activities under this Act. Title: X: Child Support - Subtitle A: Eligibility for Services; Distribution of Payments - Amends part D (Child Support and Establishment of Paternity) of SSA title IV to require State plans for child and spousal support to provide: (1) certain services relating to paternity establishment or enforcement of child support obligations; and (2) continuation of services for families ceasing to receive assistance under Aid to Families with Dependent Children. (Sec. 902) Revises payment distribution guidelines for support obligations collected by the State on behalf of a family. (Sec. 903) Requires State plans to establish procedural guidelines for: (1) notification of all proceedings and orders affecting child support obligations; and (2) privacy safeguards regarding paternity and child support actions. Subtitle B: Locate and Case Tracking - Mandates that the single statewide automated data system include a State case registry containing records of: (1) each case in which services are provided by the State agency; and (2) each support order established on or after a specified date. Permits the linking of local registries. (Sec. 912) Requires State plans to include a centralized, automated unit for the collection and disbursement of support payments. (Sec. 913) Requires State plans to: (1) provide for a State- operated State Directory of New Hires containing prescribed information furnished by employers on new personnel; and (2) transmit such information to the National Directory of New Hires. (Sec. 914) Requires the States to have statutorily prescribed procedures: (1) for mandatory income withholding for support payments subject to enforcement; and (2) under which child support orders issued before October 1, 1996, shall become subject to withholding from wages if arrearages occur, without the need for a judicial or administrative hearing. Revises the procedural guidelines for income withholding for child support enforcement. (Sec. 915) Requires the States to have statutorily prescribed procedures to ensure that Federal and State agencies conducting income-withholding activities have access to State locator systems for motor vehicle or law enforcement purposes. (Sec. 916) Revises the Federal Parent Locator Service to provide for additional information which may be transmitted to locate individuals and assets for purposes of: (1) establishing parentage; (2) executing child support obligations; and (3) enforcing visitation orders. (Sec. 917) Requires the States to have statutorily prescribed procedures requiring recordation on such documents of the Social Security number of: (1) specified driver's, marriage, and occupational, and professional license applicants; (2) individuals subject to certain domestic relations orders; and (3) death records. Subtitle C: Streamlining and Uniformity of Procedures - Requires each State to have the Uniform Interstate Family Support Act in effect as of January 1, 1997. Amends the Federal judicial code to revise the procedures for the court to apply when determining which State order to recognize for purposes of continuing, exclusive jurisdiction and enforcement for child support orders. (Sec. 923) Requires the States to have statutorily prescribed procedures requiring: (1) expedited administrative enforcement in interstate cases and support orders; and (2) expedited administrative and judicial procedures for establishing paternity and enforcing support obligations. Subtitle D: Paternity Establishment - Revises the guidelines for State laws governing paternity establishment. (Sec. 933) Requires State plans for child and spousal support to provide that the State agency administering the plan will make a determination as to whether a program recipient is cooperating in good faith with State efforts to establish paternity and secure support. Subtitle E: Program Administration and Funding - Revises the guidelines for Federal performance-based incentive payments to the States for effective child support enforcement programs. (Sec. 942) Requires a State plan for child and spousal support to include prescribed procedures for State reviews and audits. Revises the guidelines for Federal evaluation and audit of State programs governing paternity, child and spousal support, and parent location. (Sec. 944) Revises the automated data processing requirements for State plans to mandate a single statewide automated data processing and information retrieval system which can perform specified tasks. (Sec. 945) Makes funds available to the Secretary for: (1) training of Federal and State staff, research and demonstration programs, and special projects of regional and national significance; and (2) operation of the Federal Parent Locator Service. Subtitle F: Establishment and Modification of Support Orders - Establishes the National Child Support Guidelines Commission to determine the need for consideration by the Congress of national child support guidelines. (Sec. 952) Revises the requirements for State plan procedures for the review and adjustment of support orders. (Sec. 953) Amends the Fair Credit Reporting Act to authorize a consumer agency to furnish a consumer report: (1) in response to a request by a governmental child support enforcement agency; or (2) to the State administrative agency which sets child support awards. (Sec. 954) Shields a depository institution from Federal or State liability for disclosing any financial record of an individual to a State child support enforcement agency. Prohibits such agency from disclosing such a financial record except for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation. Sets forth civil penalties for any person knowingly or negligently violating such prohibition. Subtitle G: Enforcement of Support Orders - Amends the Internal Revenue Code procedural guidelines for the collection of arrearages to provide that no additional fee may be assessed for adjustments to a previously certified amount. (Sec. 962) Amends part D (Child Support and Establishment of Paternity) of SSA title IV to revise procedural guidelines for: (1) consent by the United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations of current and retired Federal employees; and (2) enforcement of child support obligations of members of the armed forces. (Sec. 964) Requires a State plan for child and spousal support to have in effect the Uniform Fraudulent Conveyance Act of 1981, the Uniform Fraudulent Transfer Act of 1984, or a similar law, as well as certain procedures governing the voiding of fraudulent transfers by a child support debtor. (Sec. 965) Requires a State plan for child and spousal support to include specified procedures: (1) to ensure that persons owing past-due support work or participate in work activities the court deems appropriate; (2) to report to credit bureaus the name of the parent in arrears for child support; (3) to provide for liens against real and personal property for the support arrearages of an absent parent; and (4) to implement the restriction of driver's, professional, occupational, and recreational licenses of individuals owing support arrearages. (Sec. 970) Requires the Secretary of State to deny, revoke, or limit a passport upon certification of nonpayment of child support. (Sec. 971) Authorizes the Secretary of State to negotiate reciprocal agreements with foreign nations: (1) regarding international enforcement of child support obligations; and (2) designating the Department of Health and Human Services as the central authority for such enforcement. Subtitle H: Medical Support - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to include within the definition of medical child support order an order issued through a State administrative process. (Sec. 976) Amends part D of SSA title IV to mandate statutorily prescribed procedures under which all enforced child support orders shall include a provision for the health care coverage of the child. Subtitle I: Enhancing Responsibility and Opportunity for Nonresidential Parents - Amends part D of SSA title IV to prescribe guidelines under which the Administration for Children and Families shall make grants to enable States to establish and administer access and visitation programs to facilitate absent parents' access to their children. Subtitle J: Effect of Enactment - Sets forth effective dates for the provisions of this Act. Title X: Reform of Public Housing - Amends the United States Housing Act of 1937 with respect to public housing provisions regarding: (1) ceiling rents; and (2) adjusted and earned income. (Sec. 1003) Exempts tenants from certain labor standards provisions. (Sec. 1004) Prohibits increased housing assistance to a family whose benefits under other public assistance programs have been reduced because of noncompliance. (Sec. 1005) Applies the provisions of this title to Indian housing.
Bill· SS. 1118 (104th)referred
United States · United States Congress · 3 August 1995
Medicare Bone Mass Measurement Standardization Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to provide Medicare coverage of bone mass measurements.
Bill· HRH.R. 2185 (104th)referred
United States · United States Congress · 3 August 1995
Medicare Bone Mass Measurement Standardization Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of bone mass measurements.
Bill· SS. 1107 (104th)referred
United States · United States Congress · 2 August 1995
Retiree Continuation Coverage Act of 1995 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to extend group health plan insurance continuation coverage under COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985) to retirees and their dependents, in cases of substantial reduction or elimination of a retiree group health plan. Allows early retirees and their dependents who lost such employer-sponsored health benefits to purchase continuing group health insurance coverage until they become eligible for Medicare.
Bill· SS. 1103 (104th)referred
United States · United States Congress · 2 August 1995
Amends Federal law to extend the period during which the Secretary of Health and Human Services is directed: (1) with regard to the unincorporated association affiliated with the Dayton Area Health Plan, Inc., that is known as the Health Plan Network, to waive a provision of title XIX (Medicaid) of the Social Security Act requiring that beneficiaries under title XVIII (Medicare) of the Social Security Act and under Medicaid constitute less than 75 percent of the membership of any entity that is enrolled on a prepaid basis; and (2) not to treat a limited number of individuals enrolled in the DAYMED Health Maintenance Plan, Inc., who are described in specified Medicaid provisions, as individuals enrolled with the Plan on a prepaid basis.
Bill· HRH.R. 2168 (104th)referred
United States · United States Congress · 2 August 1995
Retiree Continuation Coverage Act of 1995 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to extend group health plan insurance continuation coverage under COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985) to retirees and their dependents, in cases of substantial reduction or elimination of a retiree group health plan. Allows early retirees and their dependents who lost such employer-sponsored health benefits to purchase continuing group health insurance coverage until they become eligible for Medicare.
Bill· HRH.R. 2173 (104th)referred
United States · United States Congress · 2 August 1995
Medicare Physician Ownership and Referral Amendments of 1995 - Makes modifications under the Medicare program under title XVIII of the Social Security Act to the general exceptions to both ownership and compensation arrangement prohibitions with respect to physician referrals. Excepts shared facility services from such referral prohibitions. Revises exceptions for certain other compensation arrangements as well. Excludes intraocular lens, eyeglasses, and contact lenses from designated health services subject to such prohibitions.
Bill· HRH.R. 2175 (104th)referred
United States · United States Congress · 2 August 1995
TABLE OF CONTENTS: Title I: Consolidation of Programs Regarding Health of Rural Populations Subtitle A: Provisions Relating to Public Health Service Act Subtitle B: Provisions Relating to Social Security Act Title II: Repeal of Categorical Programs Regarding Health of Rural Populations Subtitle A: Programs Relating to Public Health Service Act Subtitle B: Programs Relating to Social Security Act Rural Health Consolidated Grant Act - Title I: Consolidation of Programs Regarding Health of Rural Populations - Subtitle A: Provisions Relating to Public Health Service Act -Amends the Public Health Service Act to mandate grants to States, allowing each State to choose from among these grant purposes: (1) developing integrated health networks; (2) developing systems for providing emergency medical services; (3) developing telemedicine systems; (4) recruiting and retaining health care providers; (5) carrying out any activity that was authorized to be carried out under any programs terminated by title II of this Act; and (6) carrying out activities authorized by the State in collaboration with the Director of the Office of Rural Health Policy. Lists prohibited grant uses. Limits administrative expenditures. Sets forth a grant amount formula. Establishes the Office of Rural Health Policy and sets forth the duties of its Director. Authorizes appropriations to carry out the amendments made by this subtitle. Subtitle B: Provisions Relating to Social Security Act - Amends title VII (Administration) of the Social Security Act to replace existing provisions establishing an Office of Rural Health Policy with provisions setting forth the duties of the Director of the Office of Rural Health Policy with respect to rural populations, the programs established under titles XVIII (Medicare) and XIX (Medicaid) of the Act, and specified provisions of the Omnibus Budget Reconciliation Act of 1987 relating to rural health issues. Authorizes appropriations. Title II: Repeal of Categorical Programs Regarding Health of Rural Populations - Subtitle A: Programs Relating to Public Health Service Act - Mandates termination of all rural health care delivery demonstration projects under provisions of the Public Health Service Act relating to the Agency for Health Care Policy and Research. Allows new projects, subject to the availability of appropriations. Repeals provisions of the Public Health Service Act: (1) in title XII (Trauma Care) relating to the general authority and duties of the Secretary of Health and Human Services, formula grants, and related general provisions; (2) in title VII (Health Professions Education) authorizing grants or contracts relating to interdisciplinary training projects; and (3) authorizing grants for State offices of rural health. Terminates the rural outreach grant program and the telecommunications grant program, both carried out by the Health Resources and Services Administration. Subtitle B: Programs Relating to the Social Security Act - Removes provisions of the Omnibus Budget Reconciliation Act of 1987 relating to grants to small rural hospitals. Terminates the program, carried out by the Health Resources and Services Administration, to assist States in developing innovative rural health system delivery models.
Bill· HRH.R. 2151 (104th)referred
United States · United States Congress · 1 August 1995
TABLE OF CONTENTS: Title I: All-Payer Fraud and Abuse Control Program Title II: Revisions to Current Sanctions for Fraud and Abuse Title III: Administrative and Miscellaneous Provisions Title IV: Civil Monetary Penalties Title V: Amendments to Criminal Law Title VI: Payments For State Health Care Fraud Control Units Health Care Fraud Prevention Act of 1995 - Title I: All-Payer Fraud and Abuse Control Program - Directs the Secretary of Health and Human Services to establish: (1) an all-payer fraud and abuse control program; and (2) standards, including information standards and disclosure standards, to carry out such program. Authorizes appropriations. Establishes, to carry out such program, the Health Care Fraud and Abuse Account (the Account), which shall consist of gifts, bequests, deposits, and transfers under certain health care offenses provisions of specified Acts. (Sec. 102) Provides for the application to any health plan of specified health anti-fraud and abuse provisions of part A (General Provisions) of title XI of the Social Security Act. (Sec. 103) Directs the Secretary to annually solicit proposals for modification of, and modify, existing safe harbor rules. Permits any individual, at any time, to request a notice from the Inspector General (IG) which informs the public of practices which the IG considers to be suspect or of particular concern. (Sec. 104) Directs the Secretary to establish a program through which individuals entitled to Medicare benefits may confidentially report instances of suspected fraud. Title II: Revisions to Current Sanctions for Fraud and Abuse - Amends provisions of titles XI (General Provisions and Peer Review) and XVIII (Medicare) of the Social Security Act to: (1) provide for the mandatory exclusion of individuals with a felony fraud conviction from participation in Medicare and State health care programs; (2) establish a minimum period of exclusion for certain individuals and entities subject to permissive exclusion from Medicare and State health care programs; (3) provide for the permissive exclusion of individuals with ownership or control interest in sanctioned activities; (4) provide for a minimum period of exclusion for practitioners and individuals failing to meet statutory obligations; and (5) intermediate sanctions for Medicare health maintenance organizations. Title III: Administrative and Miscellaneous Provisions - Directs the Secretary to provide for the establishment of a national health care fraud and abuse data collection program for the reporting of final adverse actions against health care providers, suppliers, or practitioners. Title IV: Civil Monetary Penalties - Provides, under part A of title XI of the Social Security Act, for: (1) the payment of the portion of amounts recovered under provisions of this Act into the Account; and (2) an increase in the civil monetary penalty. Subjects an excluded individual retaining an ownership or controlling interest in a Medicare or State health care program to such penalty. Permits the Secretary to impose a penalty on any individual (including any organization, but excluding a beneficiary) who knowingly receives any kickback or bribe in return for making a referral or purchasing equipment in a Medicare or State health care program. Title V: Amendments to Criminal Law - Amends the Federal criminal code provisions: (1) relating to mail fraud, to impose a fine or imprisonment for up to ten years or both in the case of health care fraud; (2) to provide for the forfeiture of property in certain Federal health care offenses; (3) provide for injunctive relief as specified; (4) provides for fines or imprisonment or both in connection with Federal health care offenses; (5) establish a voluntary disclosure program in connection with Federal health care offenses; and (6) provide penalties for obstructions of criminal investigations of Federal health care offenses, theft or embezzlement in connection with health care, and the laundering of monetary instruments in connection with a Federal health care offense. Title VI: Payments for State Health Care Fraud Control Units - Directs the Governor of each State to establish and maintain a State agency to act as a State Health Care Fraud and Abuse Control Unit. Provides for specified Federal payments to the States for such agencies.
Bill· HRH.R. 2152 (104th)referred
United States · United States Congress · 1 August 1995
TABLE OF CONTENTS: Title I: Independent Commission on Medicare Title II: Controlling Outlays Under Medicare Program Commission to Save Medicare Act of 1995 - Title I: Independent Commission on Medicare - Establishes the Independent Commission on Medicare to: (1) report to the Congress and the President during December of each year on certain aspects of the Medicare program under title XVIII of the Social Security Act involving projected outlays and benefits; and (2) report to the Congress during July of each year specific recommendations on certain changes to ensure that total program outlays for the fiscal year involved do not exceed specified limits. Precludes such recommendations from including changes relating to the payment of payroll taxes for financing the program. Provides procedures for expedited congressional consideration of recommendations. Title II: Controlling Outlays Under Medicare Program - Provides that Congress, not later than April 15 of each year, shall, in the concurrent resolution on the budget for the following fiscal year, establish a limit on total outlays to be made under the Medicare program for the fiscal year involved. Provides for the enforcement of such limits through sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
Bill· SS. 1087 (104th)open
United States · United States Congress · 28 July 1995
TABLE OF CONTENTS: Title I: Military Personnel Title II: Operation and Maintenance Title III: Procurement Title IV: Research, Development, Test and Evaluation Title V: Revolving and Management Funds Title VI: Other Department of Defense Programs Title VII: Related Agencies Title VIII: General Provisions Department of Defense Appropriations Act, 1996 - Title I: Military Personnel - Appropriates funds for FY 1996 for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force and for National Guard personnel in the Army and Air Force. Title II: Operation and Maintenance - Appropriates funds for FY 1996 for the operation and maintenance of the Army, Navy, and Air Force (including a transfer of funds in each case), the Marine Corps, the defense agencies, the reserve components, and the Army and Air National Guards. Appropriates funds for the U.S. Court of Appeals for the Armed Forces, environmental restoration, defense (including a transfer of funds), the 1996 Summer Olympics, humanitarian assistance, and nuclear threat reduction programs with respect to republics of the former Soviet Union. Title III: Procurement - Appropriates funds for FY 1996 for procurement by the armed forces and its reserve components of aircraft, missiles, weapons, tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement. Appropriates funds for defense-wide procurement and for National Guard and reserve equipment. Title IV: Research, Development, Test and Evaluation - Appropriates funds for FY 1996 for research, development, test and evaluation by the armed forces and defense agencies. Appropriates funds for the Directors of Test and Evaluation and Operational Test and Evaluation. Title V: Revolving and Management Funds - Appropriates funds for: (1) the Defense Business Operations Fund; and (2) programs under the National Defense Sealift Fund. Title VI: Other Department of Defense Programs - Appropriates funds for: (1) the Department of Defense (DOD) medical and health care programs; (2) the destruction of lethal chemical agents and munitions; (3) drug interdiction and counter-drug activities, defense (including a transfer of funds); and (4) expenses and activities of the Office of the Inspector General in carrying out the Inspector General Act of 1978. Title VII: Related Agencies - Appropriates funds for: (1) the Central Intelligence Agency Retirement and Disability System Fund; (2) national security scholarships, fellowships, and grants (using funds derived from the National Security Education Trust Fund); (3) expenses of the Community Management Account; and (4) authorized payments to the Kaho'olawe Island Conveyance, Remediation, and Environmental Restoration Trust Fund. Title VIII: General Provisions - Specifies authorized, restricted, and prohibited uses of appropriated funds. (Sec. 8010) Authorizes procurement funds appropriated under this Act to be used for multiyear procurement contracts for UH-60 Blackhawk and Apache Longbow helicopters, as well as the M1A2 tank upgrade. (Sec. 8013) Prohibits during FY 1996 the management by end strengths of DOD civilian personnel. (Sec. 8030) Authorizes the Secretary of Defense (Secretary) to establish with host governments of NATO-member countries an account for the deposit of residual value amounts negotiated in the return of U.S. military installations to such countries. (Sec. 8039) Earmarks funds from this Act for the Civil Air Patrol. (Sec. 8044) Authorizes DOD to incur up to $250 million in obligations for DOD personnel compensation, military construction projects, and supplies and services in anticipation of receipts of contributions from the government of Kuwait. (Sec. 8050) Authorizes the payment of voluntary separation incentive payments to military personnel. (Sec. 8059) Prohibits the use of funds: (1) for the modification of an aircraft, weapon, ship, or other equipment that the military department concerned plans to retire or otherwise dispose of within five years after completion of the modification; (2) to transport chemical munitions to the Johnston Atoll for storage or demilitarization (with an exception and an authorized wartime waiver by the President); (3) by a DOD entity without compliance with the Buy American Act; (4) for assistance to or programs in the Democratic People's Republic of North Korea unless specifically appropriated for such purpose; (5) to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 1995 level; and (6) for the procurement of ball and roller bearings not produced by a domestic source and of domestic origin. (Sec. 8065) Earmarks funds appropriated under this Act for the mitigation of adverse environmental impacts on Indian lands resulting from DOD activities. (Sec. 8067) Directs the Secretary, to the extent authorized by law, to issue loan guarantees in support of U.S. defense exports not otherwise provided for, with a total loan guarantee contingent liability limit of $15 billion. Requires quarterly reports to specified congressional committees on such loan guarantees. (Sec. 8073) Rescinds specified funds from various accounts under prior defense appropriations Acts. (Sec. 8075) Provides the minimum number of personnel to be employed during FY 1995 as military reserve technicians in the National Guard and reserves. Appropriates funds for the compensation of such personnel. (Sec. 8080) Directs the Secretary, upon the enactment of this Act, to make specified transfers between various DOD appropriation accounts.
Bill· SS. 1088 (104th)open
United States · United States Congress · 28 July 1995
TABLE OF CONTENTS: Title I: Fraud and Abuse Control Program Title II: Revisions to Current Sanctions for Fraud and Abuse Title III: Administrative and Miscellaneous Provisions Title IV: Civil Monetary Penalties Title V: Amendments to Criminal Law Title VI: State Health Care Fraud Control Units Title VII: Medicare Billing Abuse Prevention Health Care Fraud and Abuse Prevention Act of 1995 - Title I: All-Payer Fraud and Abuse Control Program - Directs the Secretary of Health and Human Services and the Attorney General to establish: (1) an all-payer fraud and abuse control program; and (2) guidelines, including information guidelines, to carry out such program. Establishes the Health Care Fraud and Abuse Control account (the account), which shall consist in part of amounts deposited or transferred to such Account under specified health care offenses provisions of specified Acts. (Sec. 102) Applies specified Medicare and State health care anti-fraud and abuse provisions of part A (General Provisions) of SSA title XI to all Federal health programs. (Sec. 103) Directs the HHS Secretary annually to solicit proposals for modifications to existing safe harbors and for additional safe harbors, according to certain criteria, for payment practices. Permits any person, at any time, to request a notice from the HHS Inspector General (IG) which informs the public of practices which the IG considers to be suspect or of particular concern (special fraud alerts), as well as interpretive rulings with regard to the application of certain anti-fraud and abuse provisions under SSA title XI. Title II: Revisions to Current Sanctions for Fraud and Abuse - Amends provisions of titles XI (General Provisions and Peer Review) and XVIII (Medicare) of the Social Security Act to provide for: (1) the mandatory exclusion of individuals with a felony fraud conviction from participation in Medicare and State health care programs; (2) a minimum period of exclusion for certain individuals and entities subject to permissive exclusion from Medicare and State health care programs; (3) the permissive exclusion of individuals with ownership or control interest in sanctioned entities; (4) a minimum period of exclusion for practitioners and individuals failing to meet statutory obligations; and (5) intermediate sanctions for Medicare health maintenance organizations. Title III: Administrative and Miscellaneous Provisions - Directs the Secretary to provide for the establishment of a national health care fraud and abuse data collection program for the reporting of final adverse actions against health care providers, suppliers, or practitioners. Title IV: Civil Monetary Penalties - Provides, under part A of title XI of the Social Security Act, for: (1) the payment of the portion of amounts recovered under provisions of this Act into the account; and (2) an increase in the civil monetary penalty. Subjects an excluded individual retaining an ownership or controlling interest in a Medicare or State health care program to such penalty. Permits the Secretary to impose a penalty on any individual (including any organization, but excluding a beneficiary) who knowingly receives any kickback or bribe in return for making a referral or purchasing equipment in a Medicare or State health care program. Title V: Amendments to Criminal Law - Amends the Federal criminal code with respect to: (1) mail fraud, to impose a fine or imprisonment for up to ten years or both in the case of health care fraud; (2) the forfeiture of property in certain Federal health care offenses; (3) sppecified injunctive relief; (4) fines or imprisonment or both in connection with Federal health care offenses; and (5) penalties for obstructions of criminal investigations of Federal health care offenses, theft, or embezzlement in connection with health care, and the laundering of monetary instruments in connection with a Federal health care offense. Title VI: State Health Care Fraud Control Units - Provides, under Medicaid, for the extension of concurrent authority to investigate and prosecute fraud in other Federal programs and to investigate and prosecute patient abuse in non-Medicaid board and care facilities. Title VII: Medicare Billing Abuse Prevention - Directs the Secretary to: (1) require Medicare carriers to acquire commercial automatic data processing equipment meeting specified requirements to process Medicare part B (Supplementary Medical Insurance) claims for the purpose of identifying billing code abuse; and (2) order a review of existing regulations, guidelines, and other guidance governing Medicare payment policies and billing code abuse to determine if revision is necessary to maximize the benefits to the Federal Government of the use of such equipment.
Bill· HRH.R. 2127 (104th)open
United States · United States Congress · 27 July 1995
TABLE OF CONTENTS: Title I: Department of Labor Title II: Department of Health and Human Services Title III: Department of Education Title IV: Related Agencies Title V: General Provisions Title VI: Political Advocacy Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1996 - Title I: Department of Labor - Department of Labor Appropriations Act, 1996 - Makes appropriations for FY 1996 for agencies within the Department of Labor. (Sec. 102) Amends the Job Training Partnership Act to repeal the prohibition on using appropriated funds to carry out any contract with a nongovernmental entity to administer or manage a Civilian Conservation Center of the Jobs Corps. Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 1996 - Makes appropriations for FY 1996 for agencies within the Department of Health and Human Services. Provides limitations on the use of appropriated funds. (Sec. 207) Requires a transfer of funds for the security protection of the Secretary of Health and Human Services. Title III: Department of Education - Department of Education Appropriations Act, 1996 - Makes appropriations for FY 1996 for agencies and programs within the Department of Education. Sets forth general provisions relating to the use of appropriated funds. (Sec. 301) Prohibits appropriated funds from being used to transport teachers or students in order to: (1) overcome racial imbalance in any school or school system; or (2) carry out a racial desegregation plan. (Sec. 303) Prohibits the use of funds to prevent the implementation of programs of voluntary prayer and meditation in the public schools. (Sec. 308) Prohibits appropriated funds from being used to enforce provisions of the Education Amendments of 1972 concerning gender equity in intercollegiate athletic programs, unless updated policy guidance has been issued to institutions of higher education. Title IV: Related Agencies - Makes appropriations for FY 1996 for the following agencies or programs: (1) Armed Forces Retirement Home; (2) Corporation for National and Community Service; (3) Corporation for Public Broadcasting; (4) Federal Mediation and Conciliation Service; (5) Federal Mine Safety and Health Review Commission; (6) National Commission on Libraries and Information Science; (7) National Council on Disability; (8) National Labor Relations Board; (9) National Mediation Board; (10) Occupational Safety and Health Review Commission; (11) Physician Payment Review Commission; (12) Prospective Payment Assessment Commission; (13) Social Security Administration; (14) Railroad Retirement Board; and (15) United States Institute of Peace. Title V: General Provisions - Sets forth provisions on the use of the appropriated funds. (Sec. 505) Prohibits the use of funds to carry out any program of distributing sterile needles for the hypodermic injection of any illegal drug unless the Surgeon General determines that such programs are effective in preventing the spread of HIV and do not encourage the use of illegal drugs. (Sec. 506) Expresses the sense of the Congress that, to the greatest extent practicable, all equipment and funds purchased under this Act should be American-made. (Sec. 507) Imposes a disclosure requirement on grantees receiving Federal funds. (Sec. 508) Prohibits the use of funds to perform abortions except to save the life of the mother or where the pregnancy is the result of rape or incest. (Sec. 509) Permits States to not perform abortions, except where the life of the mother would be endangered if the fetus were carried to term. (Sec. 511) Prohibits appropriated funds being used to: (1) create a human embryo for research; or (2) research in which a human embryo is destroyed or knowingly subjected to a risk greater than that allowed under specified regulations and law. (Sec. 512) Prohibits appropriated funds being used by any Federal program or to assist any State when such Federal program or State discriminates against any health care entity that refuses to undergo training in the performance of abortions. (Sec. 513) Expresses the sense of the Congress concerning the appropriate length of a hospital stay following a birth. Title VI: Political Advocacy - Sets forth: (1) limitations on the use of appropriated funds for political advocacy; (2) enforcement provisions with respect to such limitations; and (3) disclosure requirements concerning such advocacy by grantees.
Law· HRH.R. 2126 (104th)enacted
United States · United States Congress · 27 July 1995
TABLE OF CONTENTS: Title I: Military Personnel Title II: Operation and Maintenance Title III: Procurement Title IV: Research, Development, Test and Evaluation Title V: Revolving and Management Funds Title VI: Other Department of Defense Programs Title VII: Related Agencies Title VIII: General Provisions Department of Defense Appropriations Act, 1996 - Title I: Military Personnel - Appropriates funds for FY 1996 for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force and for National Guard personnel in the Army and Air Force. Title II: Operation and Maintenance - Appropriates funds for FY 1996 for the operation and maintenance of the Army, Navy, and Air Force (including a transfer of funds in each case), the Marine Corps, the defense agencies, the reserve components, and the Army and Air National Guards. Appropriates funds for the U.S. Court of Appeals for the Armed Forces, environmental restoration, defense (including a transfer of funds), the 1996 Summer Olympics, overseas humanitarian, disaster, and civic aid assistance, and nuclear threat reduction programs with respect to republics of the former Soviet Union. Title III: Procurement - Appropriates funds for FY 1996 for procurement by the armed forces and its reserve components of aircraft, missiles, weapons, tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement. Appropriates funds for defense-wide procurement and for National Guard and reserve equipment. Title IV: Research, Development, Test and Evaluation - Appropriates funds for FY 1996 for research, development, test and evaluation by the armed forces and defense agencies. Appropriates funds for the Directors of Test and Evaluation and Operational Test and Evaluation. Title V: Revolving and Management Funds - Appropriates funds for: (1) the Defense Business Operations Fund; and (2) programs under the National Defense Sealift Fund. Title VI: Other Department of Defense Programs - Appropriates funds for: (1) the Department of Defense (DOD) medical and health care programs; (2) the destruction of lethal chemical agents and munitions; (3) drug interdiction and counter-drug activities, defense (including a transfer of funds); and (4) expenses and activities of the Office of the Inspector General in carrying out the Inspector General Act of 1978. Title VII: Related Agencies - Appropriates funds for: (1) the Central Intelligence Agency Retirement and Disability System Fund; and (2) expenses of the Intelligence Community Management Account. Rescinds all funds made available under prior law for the National Security Education Trust Fund, except amounts necessary for obligations made before the enactment of this Act. Closes such Fund after liquidation of all necessary obligations. Title VIII: General Provisions - Specifies authorized, restricted, and prohibited uses of appropriated funds. (Sec. 8010) Authorizes procurement funds appropriated under this Act to be used for multiyear procurement contracts for E-2C and T-45 aircraft, as well as for AV-8B aircraft remanufacture. (Sec. 8012) Prohibits during FY 1996 the management by end strengths of DOD civilian personnel. (Sec. 8027) Authorizes the Secretary of Defense to establish with host governments of NATO-member countries an account for the deposit of residual value amounts negotiated in the return of U.S. military installations to such countries. (Sec. 8041) Authorizes DOD to incur obligations of up to $250 million for DOD personnel compensation, military construction projects, and supplies and services in anticipation of receipts of contributions from the government of Kuwait. (Sec. 8043) Provides Buy American requirements with respect to the DOD procurement of carbon, alloy, or armor steel plating. (Sec. 8050) Authorizes the payment of voluntary separation incentive payments to military personnel. (Sec. 8053) Prohibits the use of funds: (1) for travel or other support costs of the Tailhook Association; (2) for the modification of an aircraft, weapon, ship, or other equipment that the military department concerned plans to retire or otherwise dispose of within five years after completion of the modification; (3) for compensation of National Foreign Intelligence personnel in excess of a specified amount; (4) by a DOD entity without compliance with the Buy American Act; (5) for the design, development, acquisition, or operation of more than 47 Titan IV expendable launch vehicles; and (6) to establish additional field operating agencies of any element of DOD during FY 1996, except for those funded within the National Foreign Intelligence Program. (Sec. 8081) Prohibits undertaking any construction project in excess of $750,000 which primarily benefits intelligence community personnel unless the project is: (1) specifically identified in the President's budget request; or (2) otherwise specifically authorized and appropriated. (Sec. 8086) Authorizes the transfer of defense-wide operation and maintenance funds used for increasing energy and water efficiency in Federal buildings to other appropriations or funds of DOD for similar projects. (Sec. 8088) Appropriates funds to DOD for Coast Guard national security activities. (Sec. 8089) Reduces by $30 million the total amount appropriated in titles II through IV of this Act for savings achieved through increased oversight of contractor automatic data processing costs charged under DOD acquisition contracts. (Sec. 8090) Prohibits the obligation of any funds appropriated in title III of this Act for acquisition or advance procurement of any system or end item using incremental funding. (Sec. 8094) Authorizes funds made available to the Navy for refueling overhauls and defueling inactivations of nuclear-powered warships to be used to transport shipments of naval spent nuclear fuel to the Idaho National Engineering Laboratory for examination and storage. Authorizes the Secretary of the Navy to immediately commence and accomplish such transportation. (Sec. 8095) Prohibits the use of funds appropriated by this Act for the lease or charter by DOD of certain vessels for the transportation of fuel or oil unless such vessels are constructed with a double hull. (Sec. 8096) Prohibits the use of funds appropriated or made available in this Act to the Navy to develop or procure either: (1) main propulsion engines for the LPD-17 class of ships; or (2) an emergency generator set for the New Attack Submarine, unless such equipment is powered by a diesel engine manufactured in the United States by a domestically operated entity. (Sec. 8100) Provides specified limitations on the obligation of funds appropriated under this Act for Operations Southern Watch and Provide Comfort. (Sec. 8101) Directs the Secretary of Defense to report quarterly to specified congressional committees setting forth all costs incurred by DOD in implementing or supporting United Nations (UN) Security Council resolutions. (Sec. 8102) Prohibits the use of any funds available to DOD during FY 1995 for new international peacekeeping or peace-enforcement operations unless the President consults with bipartisan congressional leadership and specified congressional committees (requiring such consultation at least 15 days before any troop deployment for such operations). Requests the President, whenever there is a U.S. troop deployment to perform an international humanitarian, peacekeeping, or peace-enforcement operation, to seek emergency supplemental appropriations to meet the incremental costs to DOD of such deployment, and to do so within 90 days after the start of such deployment. (Sec. 8103) Prohibits, unless the congressional defense committees are notified 15 days in advance, the use of FY 1995 DOD funds for the transfer to another nation or international organization of any defense articles or services for use in an international peacekeeping, peace-enforcement, humanitarian, or disaster relief operation. (Sec. 8104) Prohibits the use of funds made available to DOD: (1) for deploying U.S. military personnel to implement a negotiated peace settlement in Bosnia-Herzegovina, unless such deployment is previously authorized by law; (2) after December 1, 1995, to support any program or activity for which another Federal department or agency has primary responsibility or normally receives appropriations for the program or activity; or (3) to make a financial contribution to the UN for the cost of a UN peacekeeping activity or for payment of any U.S. arrearage to the UN.
Bill· SS. 1074 (104th)referred
United States · United States Congress · 26 July 1995
Lupus Research Amendments of 1995 - Amends the Public Health Service Act to require the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases to expand and intensify research and related activities of the Institute with respect to lupus. Requires the Director to: (1) coordinate such activities with similar activities conducted by other national research institutes and agencies of the National Institutes of Health; and (2) conduct or support research to expand the understanding of the causes of, and to find a cure for, lupus, including research to determine the reasons underlying the elevated prevalence of the disease among African- American and other women. Authorizes appropriations.
Bill· HRH.R. 2121 (104th)referred
United States · United States Congress · 26 July 1995
TABLE OF CONTENTS: Title I: Removal of Tax Traps for the Unwary Title II: Conformity with Regulated Investment Company Rules Title III: Other Simplification Title IV: Effective Date Real Estate Investment Trust Tax Simplification Act of 1995 - Title I: Removal of Tax Traps for the Unwary - Amends the Internal Revenue Code (IRC) to impose monetary penalties for the failure of a real estate investment trust (REIT) to comply with regulations regarding ascertaining the actual ownership of the outstanding shares, or certificates of beneficial interest, of the REIT. Requires treating a complying REIT as if it had met a requirement to not be closely held if it does not know, or exercising reasonable diligence would not have known, whether it was closely held. (Sec. 102) Revises the definition of "rents from real property" with regard to impermissible tenant service income and constructive ownership of stock. Title II: Conformity with Regulated Investment Company Rules - Provides for the treatment by shareholders of undistributed capital gains. (Sec. 202) Removes: (1) requirements that a REIT receive less than 30 percent of its gross income from the disposition of stock or securities held for less than one year, prohibited transactions, or certain real property held less than four years; and (2) provisions prohibiting taking into account (in such disposition) the sale, exchange, or distribution of property after adoption of a plan of complete liquidation of the REIT. Title III: Other Simplification - Revises requirements concerning the treatment of earnings and profits with regard to certain distributions. (Sec. 302) Modifies the grace period regarding foreclosure property. Allows one extension (currently, one or more extensions). Allows a REIT to revoke an election to treat property as foreclosure property. Changes requirements concerning termination of the grace period. (Sec. 303) Sets forth special foreclosure rules for health care properties. (Sec. 304) Revises: (1) the treatment of certain interest rate agreements; (2) the formula for determining the amount of excess noncash income; and (3) the circumstances in which a sale of property that is a real estate asset is not a prohibited transaction. (Sec. 307) Provides for the circumstances in which sale of secured property by a REIT will be treated as if the REIT had held the property for at least four years. (Sec. 308) Removes a requirement that, in order to be a qualified REIT subsidiary, the stock of a corporation must have been held by the REIT at all times the corporation was in existence. Title IV: Effective Date - Sets forth the effective date for this Act.
Bill· HRH.R. 2112 (104th)referred
United States · United States Congress · 25 July 1995
Veterans Health Care Commitment Act of 1995 - Prohibits payments by the Secretary of Veterans Affairs to a State home for the domiciliary and nursing home care of veterans that contracts for the performance of any function by individuals who are not State employees, unless the Secretary certifies to the Congress that such performance by such individuals will not have an adverse effect on the quality of patient care and services provided.
Bill· HRH.R. 2096 (104th)referred
United States · United States Congress · 21 July 1995
Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to extend eligibility for CHAMPUS medical care and services to an unremarried former spouse of a member or former member of the uniformed services who performed at least 20 years of retirement-creditable service. Requires the unremarried former spouse to have been married to the member or former member for at least 17 years during the member's creditable service on the date of the final decree of dissolution. Requires such an unremarried former spouse whose date of final decree of dissolution occurs before the enactment of this Act to apply for such health care benefits and services within one year after this Act's enactment.