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301 records in US in 1995
United States · United States Congress · 12 May 1995
Family Planning Programs Repeal Act - Repeals title X (Population Research and Voluntary Family Planning Programs) of the Public Health Service Act.
United States · United States Congress · 11 May 1995
Minor Use Crop Protection Act of 1995 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (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.
United States · United States Congress · 11 May 1995
Medigap Consumer Protection Act of 1995 - Amends the Social Security Act to require that private insurers selling Medicare supplemental policies (Medigap policies) do not increase policyholder premiums on the basis of age attained after enrollment.
United States · United States Congress · 11 May 1995
Amends the Internal Revenue Code, with respect to imposition of the excise tax for failure of group health plans to meet certain requirements, to require any preexisting condition limitation period with respect to an individual who commences coverage after December 31, 1995, to be reduced by the aggregate of the individual's prior periods of coverage under a plan. Treats a period as zero if a break in coverage of greater than 60 days has occurred between the most recent qualified coverage and commencement of the current coverage. Prohibits, with respect to an individual whose periods of previous coverage are greater than zero, the establishment by a plan of eligibility, continuation, enrollment, or contribution requirements based on factors directly related to health status, medical condition, claims experience, receipt of health care, medical history, disability, or evidence of insurability.
United States · United States Congress · 10 May 1995
Working Families Health Access Act of 1995 - Amends the Internal Revenue Code to impose an excise tax on a health insurance policy issuer (or, in the case of a self-insured plan, the sponsor) equal to a specified percentage of premiums received (or, in the case of a self-insured plan, of expenditures) under the policy or plan during the calendar year for failure to meet the standards specified in this Act. Prohibits the establishment or imposition by group health plans or carriers offering health insurance coverage in connection with a plan, or for individuals with qualifying previous coverage, of eligibility, continuation, enrollment, or contribution requirements based on factors directly related to health status, medical condition, claims experience, receipt of health care, medical history, disability, or evidence of insurability. Requires the use of preexisting condition limitations or exclusions to be limited to a three-month period before the date of enrollment during which the condition was diagnosed or treated. Limits the period of limitation or exclusion relating to treatment of the condition to no more than six months and credits periods of qualifying previous coverage to reduce that period. Makes exceptions to the limitation or exclusion period for treatment related to pregnancy, newborns, and adopted children. Prohibits a carrier from refusing to renew health insurance coverage except for specified reasons, including premium nonpayment or fraud by the insured. Details allowable nondiscriminatory conditions for discontinuation of coverage, geographic limitations, and minimum participation requirements. Allows States to establish, implement, or continue in effect health insurance coverage standards that are at least as stringent as those established by this Act. Qualifies, for purposes of the provisions imposing an excise tax for the failure of group health plans to meet continuation coverage requirements, coverage that meets certain general availability and preexisting condition limitation requirements and that has an actuarial value of at least two-thirds or one-half of the costliest continuation coverage available under the plan (excluding that in which an insignificant proportion of eligible individuals is enrolled) at respectively reduced premiums. Treats, with certain exceptions, divorce (or annulment) or separation of a covered employee from the employee's spouse, if the employee disenrolls a qualified beneficiary within the 12-month period preceding the date of such divorce or separation, as a qualifying event (allowing the election of continuation coverage) and the loss of coverage a result (and by reason) of such event. Excludes eligibility under part B of Medicare on the basis of end stage renal disease as a condition that terminates continuation coverage (under current law, becoming eligible under Medicare terminates such coverage).
United States · United States Congress · 9 May 1995
Animal Drug Availability Act of 1995 - Amends Federal Food, Drug, and Cosmetic Act provisions relating to new animal drugs to redefine "substantial evidence" to mean evidence from one or more scientifically sound studies including, as appropriate, in vitro studies, studies in laboratory animals, bioequivalence studies, tissue residue studies, and any studies voluntarily undertaken by or for the applicant that provide some assurance that the drug will have the intended effect. Excludes a claim for the use of a drug in a minor species or a minor use of a drug from disapproval, if there is an application filed for the drug which is approved prior to the submission of the claim. Directs the Secretary of Health and Human Services to consider the following issues when a new animal drug contains more than one active ingredient, or the labeling of the drug suggests use of the drug in combination with another animal drug: (1) whether any active ingredient or any combination of drugs alters the safe concentration of another of the active ingredients or drugs in the combination; (2) whether each of the active ingredients or drugs in the combination have been shown to contribute to the same intended effect; and (3) whether each of the active ingredients or drugs in the combination has an identified target population for which dosing with the active ingredients or combination represents appropriate concurrent therapy. Requires the Secretary to issue proposed regulations implementing the provisions of this section which: (1) further define "substantial evidence"; (2) take into account the proposals contained in the citizen petition submitted by the American Veterinary Association and the Animal Health Institute; (3) provide for a conference to make a decision establishing a submission or an investigational requirement; and (4) define the kinds of evidence an applicant may use to establish the contribution of each active ingredient and to establish the appropriateness of concurrent therapy in a new animal drug, or new animal drug used in combination with another drug. (Sec. 4) Requires the Secretary to approve or disapprove the application within 90 (currently 180) days of receipt of the application. (Sec. 5) Requires: (1) the Secretary to refer disputed issues received in writing from an applicant to an advisory committee or to a special Government employee; and (2) the committee or employee to submit a report containing recommendations regarding the matter. (Sec. 6) Requires the Secretary to refuse approval of an application if information submitted with respect to the drug indicates that any use suggested in labeling proposed for that drug will result in a unsafe amount of residue. (Sec. 7) Permits the export of an unsafe (as defined in the Act) new animal drug, if it is not in conflict with the laws of the country to which it is exported. (Currently, such export is prohibited.)
United States · United States Congress · 9 May 1995
Requires the Board of Trustees of the Federal Hospital Insurance Trust Fund and the Board of Trustees of the Federal Supplementary Medical Insurance Trust Fund to submit recommendations to the Congress on: (1) controlling Medicare hospital insurance program costs and addressing the projected financial imbalance in the Federal Hospital Insurance Trust Fund; and (2) more effectively controlling Medicare supplementary medical insurance costs.
United States · United States Congress · 9 May 1995
Freedom to Travel Act of 1995 - Prohibits the President from restricting U.S. citizens or legal residents from traveling abroad, except to countries with which the United States is at war, where armed hostilities are in progress, or where there is imminent danger to the public health or physical safety of U.S. travelers. Revises the areas which the President is expressly denied authority to regulate or prohibit under the International Emergency Economic Powers Act. Adds to such areas specifically excluded from Presidential regulatory authority: (1) normal banking transactions incident to specified travel activities, including the issuance, clearing, processing, or payment of checks, drafts, travelers checks, credit or debit card instruments, or similar instruments; and (2) financial or other transactions, or travel, incident to activities of scholars, educational or academic activities, exchanges, cultural activities, and public exhibitions or performances by the nationals of one country in another country, with exceptions. Adds similar provisions restricting presidential authority to regulate or prohibit transactions incident to travel by U.S. citizens or residents under the Trading With the Enemy Act. Amends the Foreign Assistance Act of 1961 to state the Presidential authority under such Act does not include authority to regulate activities which may not be regulated under specified provisions of the Trading With the Enemy Act.
United States · United States Congress · 9 May 1995
Sarah Weber Home Infusion Consumer Protection Act of 1995 - Prohibits any: (1) person from providing home infusion therapy services in a State unless the person is licensed by the State to provide such services; and (2) State from licensing such a person unless the person meets licensing standards established under this Act. Authorizes appropriations. Authorizes grants to States for establishing the licensing system. Prohibits a physician who has a financial relationship with an entity described in specified provisions of title XVIII (Medicare) of the Social Security Act from making a referral to such an entity for the furnishing of such services. Makes Medicare physician ownership and referral provisions applicable to this Act. Specifies that the prescription of a drug to be administered through home infusion shall constitute a referral by a physician.
United States · United States Congress · 9 May 1995
Requires the Board of Trustees of the Federal Hospital Insurance Trust Fund and the Board of Trustees of the Federal Supplementary Medical Insurance Trust Fund to submit recommendations to the Congress on: (1) controlling Medicare hospital insurance program costs and addressing the projected financial imbalance in the Federal Hospital Insurance Trust Fund; and (2) more effectively controlling Medicare supplementary medical insurance costs.
United States · United States Congress · 5 May 1995
Medicare Billing Abuse Prevention Act of 1995 - Directs the Secretary of Health and Human Services to require Medicare carriers to acquire commercial automatic data processing equipment (ADPE) meeting specified requirements to process Medicare part B (Supplementary Medical Insurance) claims for the purpose of identifying billing code abuse and implement such ADPE by a certain date. Provides for the disclosure of ADPE and related data under limited circumstances. Requires the Secretary to 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 resulting from the use of ADPE.
United States · United States Congress · 4 May 1995
Medicare Commission Act of 1995 - Establishes the National Commission on the Long-Term Solvency of the Medicare Program to provide analyses of and recommendations with respect to the current and long-term financial condition of the Medicare trust funds for a report to the President, the Congress, and the Secretary of Health and Human Services.
United States · United States Congress · 3 May 1995
Makes a veteran exposed to herbicides in Vietnam during the Vietnam era eligible for hospital and nursing home care for any disease for which the National Academy of Sciences, in a report issued under the Agent Orange Act of 1991, has determined that: (1) there is sufficient evidence to conclude a positive association between the occurrence of the disease and exposure to a herbicide; (2) there is evidence suggestive of such an association, though the evidence is limited; or (3) available studies are insufficient to permit such a conclusion. Makes a veteran exposed to radiation during a period of active duty for training or inactive duty training eligible for hospital and nursing home care for: (1) any diseases currently listed in Federal provisions which presume a relation between such disease and a veteran's disability; or (2) any disease for which the Secretary of Veterans Affairs determines there is credible evidence of a positive association between the occurrence of such disease and exposure to ionizing radiation. Extends through December 31, 1997, the authorized period for the provision of hospital, nursing home, and outpatient care for certain veterans, including those herbicide- or radiation-exposed veterans described in this Act.
United States · United States Congress · 2 May 1995
Extends through December 31, 1997, the authority of a director of a Department of Veterans Affairs health care facility to use local labor market salary data to determine appropriate salaries for Department nurse anesthetists.
United States · United States Congress · 2 May 1995
TABLE OF CONTENTS: Title I: Procurement Title II: Research, Development, Test, and Evaluation Title III: Operation and Maintenance Subtitle A: Authorization of Appropriations Subtitle B: Other Matters Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: Military Training Student Loads Title V: Military Personnel Policy Subtitle A: Officer Personnel Policy Subtitle B: Reserve Component Matters Subtitle C: Amendments to the Uniform Code of Military Justice Subtitle D: 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: Retired Pay, Insurance, and Survivor Benefits Subtitle E: Separation Pay Subtitle F: Other Matters Title VII: Health Care Provisions Subtitle A: Health Care Management Subtitle B: Other Matters Title VIII: Department of Defense Organization and Management Subtitle A: Secretarial Matters Subtitle B: Other Matters Title IX: General Provisions Subtitle A: Other Matters National Defense Authorization Act for Fiscal Year 1996 - Title I: Procurement - Authorizes appropriations for FY 1996 and 1997 to the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement. Authorizes appropriations for FY 1996 and 1997 for: (1) defense- wide procurement; (2) the Defense Inspector General; (3) the chemical demilitarization program; and (4) the Defense Health Program. (Sec. 108) Repeals the current requirement for a separate budget request for the procurement of reserve equipment. Title II: Research, Development, Test, and Evaluation - Authorizes appropriations for FY 1996 and 1997 for the armed forces for research, development, test, and evaluation. Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1996 and 1997 for the armed forces and specified activities and agencies of the Department of Defense (DOD) for operation and maintenance. Authorizes appropriations to DOD for FY 1996 and 1997 for working capital and revolving funds. (Sec. 303) Repeals a provision of the National Defense Authorization Act for Fiscal Years 1992 and 1993 which provides certain limitations on the use of funds in the Defense Business Operations Fund. (Sec. 304) Authorizes the use of the National Defense Sealift Fund for expenses of the National Defense Reserve Fleet. Subtitle B: Other Matters - Amends a provision of the National Defense Authorization Act for Fiscal Year 1994 to require additional certifications from the Secretary of Defense (Secretary) to specified congressional committees before proceeding beyond the low-rate initial production stage of a theater missile defense interceptor program. (Sec. 322) Directs the Secretary to carry out a Department of Defense Laboratory Revitalization Program under which the Secretary may carry out minor military construction projects in order to improve DOD laboratories. Increases the maximum costs of minor construction projects for purposes of the Program. Directs the Secretary to designate the DOD laboratories to be covered by the Program. Requires a report. Prohibits the Secretary from carrying out any program after September 30, 2000. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Provides for the authorized end strengths for active-duty forces as of the end of FY 1996 and 1997. Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 1996 and 1997 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves. Subtitle C: Military Training Student Loads - Sets forth the authorized FY 1996 and 1997 military training student loads, allowing for certain adjustments consistent with authorized end strengths. Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Provides, with respect to members of the Army, Navy, and Air Force, that an individual's period of desertion, unexcused absence, confinement, or inability to perform duties, as well as the time required to make up any such absence, may not be counted for purposes of the individual's length of service. (Sec. 502) Changes certain general officer billet titles within the Marine Corps resulting from a headquarters reorganization. (Sec. 503) Revises the retirement date for warrant officers and certain active-duty officers chosen for selective early retirement. Requires an annual authorization of personnel strength levels for such members whose retirement has been deferred. (Sec. 504) Increases the authorized end strengths for active-duty commissioned Air Force majors, lieutenant colonels, and colonels. Terminates such increase at the end of FY 1997. Provides similar increases, with the same termination date, for commissioned Navy lieutenant commanders, commanders, and captains. (Sec. 506) Revises the definitions of "promotion zone" and "officers below the promotion zone." Subtitle B: Reserve Component Matters - Repeals a Federal provision requiring each member of the National Guard called into or leaving Federal service to be examined for physical fitness. (Sec. 512) Authorizes the Secretary of the military department concerned to prescribe the duration of field training or a practice cruise (currently, either must be no less than six weeks) required for admission to the Reserve Officers' Training Corps (ROTC) advanced course. (Sec. 514) Amends the National Defense Authorization Act for Fiscal Year 1993 to require the Secretary of the Army to have an objective of increasing the percentage of qualified prior active-duty personnel in the Selected Reserve (currently, the Army National Guard). (Sec. 515) Requires technicians employed by the Army or Air National Guard to wear the military uniform appropriate for the member's grade and component while performing technician functions. Considers such duty as active duty, thereby permitting a clothing allowance. (Sec. 516) Provides an exception to the prohibition against the involuntary separation from service of military personnel within two years from retirement in the case of reserve personnel performing active duty service for less than 180 days. Subtitle C: Amendments to the Uniform Code of Military Justice - Amends the Uniform Code of Military Justice (UCMJ) to make subject to its provisions persons serving with or accompanying an armed force in the field in a time of armed conflict. (Sec. 553) Allows an investigative officer to investigate the subject matter of any uncharged offense against an accused during an investigation, as long as the accused is present, is informed of the nature of such investigation, and is permitted representation, presentation of evidence, and cross-examination. (Sec. 554) Eliminates the $500, six-month fine and imprisonment limits for persons convicted of refusing to testify before a court-martial. Revises provisions concerning the effective date of sentencings as they relate to the forfeiture of military pay and allowances. (Sec. 557) Allows deferment of a sentence of confinement upon application by the accused if the sentence has not been ordered to be carried out. Terminates the deferment at such time as the sentence is ordered to be executed. Provides for deferment of sentence in other circumstances. (Sec. 559) Allows a proceeding in revision (a proceeding revising a trial record) to be ordered to correct an erroneously announced sentence. (Sec. 560) Allows the post-trial review of courts-martial in the Office of the Judge Advocate General, unless the accused has waived or withdrawn the right to appeal under the UCMJ. (Sec. 561) Authorizes the United States to appeal an order or ruling which directs the disclosure of classified information, imposes sanctions for nondisclosure of such information, or refuses to issue a protective order seeking to prevent the disclosure of such information. (Sec. 562) Includes flight from arrest as a punishable action under the UCMJ. (Sec. 563) Removes a gender reference with respect to the UCMJ offense of carnal knowledge with a person under 16 years of age. Requires the accused, in such a prosecution, to establish by a preponderance of the evidence that the other person was at least 12 years of age and the accused reasonably believed such person to be at least 16. (Sec. 564) Requires newly enlisted personnel to be instructed in the UCMJ upon entrance into active or reserve duty. Subtitle D: Other Matters - Reduces from three to two years the minimum time in grade required for a chief warrant officer to be considered for promotion. Allows warrant officers below the promotion zone for the grade of chief warrant officer, W-3, to be considered for such a promotion. (Sec. 572) Allows the Secretary of the Army to retire a Director of Admissions of the U.S. Military Academy after 30 years of commissioned officer service. 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 by 2.4 percent, effective on January 1, 1996, the rates of basic pay and the basic allowance for subsistence. Increases by 3.4 percent the basic allowance for quarters, effective on the same date. (Sec. 602) Provides an evacuation allowance to civilian personnel and their dependents officially authorized to evacuate their duty stations. (Currently, such allowance is only paid to military personnel and their dependents who are ordered to evacuate.) (Sec. 603) Provides continuous entitlement to career sea pay for crewmembers of ships designated as a tender-class ship. (Sec. 604) Increases to $200 the monthly subsistence allowance payable to members of the Senior ROTC. (Sec. 605) Provides a dislocation allowance for those directed to move as a result of a base realignment or closure. (Sec. 606) Authorizes, as of July 1, 1996, the payment of a basic allowance for quarters for enlisted personnel in the pay grade of E-6. Subtitle B: Bonuses and Special and Incentive Pays - 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. 612) Extends specified expiring authorities for certain special pay and bonus programs within the regular and reserve armed forces. Makes permanent: (1) the aviation officer retention bonus; (2) the authority for the temporary promotion of certain Navy lieutenants; and (3) the authority for the DOD specialized treatment facility program. Subtitle C: Travel and Transportation Allowances - Authorizes the Secretary concerned to provide contract quarters as lodging in kind when transient government quarters are unavailable for reserve personnel performing annual training duty or inactive-duty training. (Sec. 622) Deletes a provision limiting to surface transportation the means of shipping a motor vehicle for a member assigned to a permanent change of duty station. (Sec. 623) Includes students who graduate from or 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: Retired Pay, Insurance, and Survivor Benefits - Makes ineligible for retired pay those persons convicted under the UCMJ whose sentences include death, dishonorable or bad conduct discharge, or dismissal from service. (Sec. 632) Makes first payable for March 1996 the FY 1996 cost-of- living adjustment for military retirees. (Sec. 633) Authorizes the provision of medical and dental care and the recovery, care, and disposition of remains in the case of reserve members on duty other than active duty for more than 30 days for members requiring such care while remaining overnight at or in the vicinity of a site outside reasonable commuting distance from the member's residence and at which the member has performed inactive duty training between successive periods of such training. Entitles such individuals to basic pay while performing such service, or, if not entitled to such pay due to other eligibility requirements, to compensation as a member of the National Guard performing inactive-duty training. Subtitle E: Separation Pay - Provides certain transitional compensation for the dependents of any military member separated from the armed forces due to dependent abuse. (Currently, such compensation is only provided to the dependents of members separated from active duty.) Subtitle F: Other Matters - Authorizes a person designated by the Secretary of the Navy to procure or sell articles and items of clothing and serviceable supplies to members of the Navy and Marine Corps, with specified conditions. Authorizes such Secretary to sell ships' stores supplies to such civilian officers and Federal employees as considered appropriate at military installations: (1) outside the United States; or (2) inside the United States when the Secretary determines that it is impracticable for such officers and employees to obtain such items from commercial enterprises without impairing the efficient operation of military activities. Title VII: Health Care Provisions - Subtitle A: Health Care Management - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to increase the health care professional payment limitation requirements under the CHAMPUS physician payment reform program, tying such limits to similar limits under title XVIII (Medicare) of the Social Security Act. Requires the Secretary to prescribe regulations covering such payment amounts, providing for exceptions for adequate health care access and adding transitional requirements. (Sec. 702) Amends specified prior national defense authorization Acts to repeal certain limitations on reductions in military medical personnel. Subtitle B: Other Matters - Terminates the Uniformed Services University of the Health Sciences, directing the Secretary to phase out such University beginning in FY 1996 and ending at the close of FY 1999. Prohibits any new class of University students after FY 1995, and prohibits awarding degrees after FY 1999. (Sec. 712) Repeals a Federal provision prohibiting DOD funds from being used to perform abortions unless the life of the mother is in danger. Title VIII: Department of Defense Organization and Management - Subtitle A: Secretarial Matters - Authorizes a 12th Assistant Secretary of Defense. (Sec. 802) Redesignates the Assistant Secretary of Defense for Atomic Energy as the Assistant Secretary of Defense for Nuclear and Chemical Programs. Subtitle B: Other Matters - Repeals the Federal prohibition against contracting out for the firefighting and security guard functions at military facilities. (Sec. 812) Increases to: (1) $1.7 million the unspecified minor construction threshold; and (2) $350,000 the operation and maintenance threshold. (Sec. 813) Changes from February 15 to March 1 annually a required report from the Secretary concerning National Guard and reserve component equipment. Title IX: General Provisions - Subtitle A: Other Matters - Amends the National Defense Authorization Act for Fiscal Year 1993 to make permanent the National Guard Civilian Youth Opportunities Program (currently expires at the end of FY 1995). Revises the Program purpose. (Sec. 902) Authorizes the Secretary concerned to trade certain military historical items for conservation and preservation services and for educational programs, supplies and newly upgraded or renovated conservation equipment, facilities, and systems within existing structures. (Sec. 903) Amends the DOD Education Loan Repayment Program to authorize the Secretary to repay any loan made under part D of the Higher Education Act of 1965 (the William D. Ford Direct Loan Program) on behalf of the following: (1) enlisted members serving on active duty in certain military specialties; (2) enlisted members of the Selected Reserve with certain critical specialties; and (3) Selected Reserve health professions officers serving under wartime critical medical skill shortages.
United States · United States Congress · 27 April 1995
TABLE OF CONTENTS: Title I: Procurement Title II: Research, Development, Test, and Evaluation Title III: Operation and Maintenance Subtitle A: Authorization of Appropriations Subtitle B: Reserve Component Subtitle C: Other Matters Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: Military Training Student Loads Title V: Military Personnel Policy Subtitle A: Officer Personnel Policy Subtitle B: Reserve Component Matters Subtitle C: Amendments to the Uniform Code of Military Justice Subtitle D: Other Matters Title VI: Compensation and Other Personnel Benefits Subtitle A: Pay and Allowances Subtitle B: Income Tax Matters Subtitle C: Bonuses and Special and Incentive Pays Subtitle D: Travel and Transportation Allowances Subtitle E: Retired Pay, Insurance, and Survivor Benefits Subtitle F: Separation Pay Title VII: Civilian Employees Subtitle A: Civilian Personnel Policy Subtitle B: Compensation and Other Personnel Benefits Subtitle C: Separation Provisions Title VIII: Health Care Provisions Subtitle A: Health Care Management Subtitle B: Other Matters Title IX: Department of Defense Organization and Management Subtitle A: Secretarial Matters Subtitle B: Professional Military Education Subtitle C: Other Matters Title X: General Provisions Subtitle A: Financial Matters Subtitle B: Counter-Drug Activities Subtitle C: Other Matters Title XI: Matters Relating to Allies, Other Nations, and International Organizations Title XII: Acquisition Reform National Defense Authorization Act for Fiscal Year 1996 - Title I: Procurement - Authorizes appropriations for FY 1996 and 1997 to the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement. Authorizes appropriations for FY 1996 and 1997 for: (1) defense- wide procurement; (2) the Defense Inspector General; (3) the chemical demilitarization program; and (4) the Defense Health Program. (Sec. 108) Repeals the current requirement for a separate budget request for the procurement of reserve equipment. Title II: Research, Development, Test, and Evaluation - Authorizes appropriations for FY 1996 and 1997 for the armed forces for research, development, test, and evaluation. Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1996 and 1997 for the armed forces and specified activities and agencies of the Department of Defense (DOD) for operation and maintenance. Authorizes appropriations to DOD for FY 1996 and 1997 for working capital and revolving funds. (Sec. 303) Establishes in the Treasury the Civilian Marksmanship Program Fund, to be available for all expenses of the Civilian Marksmanship Program. (Sec. 304) Repeals a provision of the National Defense Authorization Act for Fiscal Years 1992 and 1993 which provides certain limitations on the use of funds in the Defense Business Operations Fund. (Sec. 305) Authorizes the use of the National Defense Sealift Fund for expenses of the National Defense Reserve Fleet. Subtitle B: Reserve Component - Amends the National Defense Authorization Act of 1995 to allow a DOD reimbursement official to use funds to provide pay and allowances to reserves engaged in activities in support of cooperative threat reduction with states of the former Soviet Union. Excludes such reserves from inclusion in any active duty end strength limitations for members on active duty. (Sec. 322) Authorizes the use of DOD funds for National Guard participation in joint Army and Air Force exercises concerning civil emergency and disaster response preparedness. Subtitle C: Other Matters - Amends Federal transportation provisions to authorize the Secretary of Defense (Secretary) to transfer from any DOD funds necessary sums to reimburse the Administrator of the Federal Aviation Administration (FAA) for loss or damage to civil aircraft, death or injury to personnel, and related losses or damages which have been insured at the Secretary's request due to civilian participation in DOD emergency contingency operations. Requires the Secretary to use such funds to promptly reimburse the Aviation Insurance Fund of the FAA within 30 days (for hull damage) or 180 days (for all other valid claims) after presentment of claim by a civilian carrier. Requires the Secretary and the FAA Administrator to notify the Congress within 30 days of any losses, death, injuries, or damages at a cost in excess of $1 million. Amends the Merchant Marine Act, 1936, to empower the Secretary with identical authority to reimburse the Secretary of Transportation for such losses insured by the Marine Insurance Fund. Requires the Secretary and the Secretary of Transportation to report periodically to the Congress on claims paid in excess of $1 million. (Sec. 332) Amends the National Defense Authorization Act for Fiscal Year 1994 to require additional certifications from the Secretary to the congressional defense committees before proceeding beyond the low-rate initial production stage of a theater missile defense interceptor program. (Sec. 333) Authorizes the Secretary to assign overseas personnel under the defense dependents' education program to schools established under such program in the United States, and vice versa. (Sec. 334) Authorizes the use of funds appropriated to the Central Imagery Office for the design, development, and deployment of the Accelerated Architecture Acquisition Initiative program imagery systems of the military departments and related activities. (Sec. 335) Directs the Secretary to carry out a Department of Defense Laboratory Revitalization Program under which the Secretary may carry out minor military construction projects in order to improve DOD laboratories. Increases the maximum costs of minor construction projects for purposes of the Program. Directs the Secretary to designate the DOD laboratories to be covered by the Program. Requires a report. Prohibits the Secretary from carrying out any program after September 30, 2000. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Provides for the authorized end strengths for active- duty forces as of the end of FY 1996 and 1997. Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 1996 and 1997 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves. Subtitle C: Military Training Student Loads - Sets forth the authorized FY 1996 and 1997 military training student loads, allowing for certain adjustments consistent with authorized end strengths. Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Provides, with respect to members of the Army, Navy, and Air Force, that an individual's period of desertion, unexcused absence, confinement, or inability to perform duties, as well as the time required to make up any such absence, may not be counted for purposes of determining the individual's length of service. (Sec. 502) Redesignates certain general officer billet titles within the Marine Corps resulting from a headquarters reorganization. (Sec. 503) Revises the retirement date for warrant officers and certain active-duty officers chosen for selective early retirement. Requires an annual authorization of personnel strength levels for such members whose retirement has been deferred. (Sec. 504) Increases the authorized end strengths for active-duty commissioned Air Force majors, lieutenant colonels, and colonels. Terminates such increase at the end of FY 1997. Provides similar increases, with the same termination date, for commissioned Navy lieutenant commanders, commanders, and captains. (Sec. 506) Revises certain definitions under Federal provisions relating to the promotion of general or flag officers. Subtitle B: Reserve Component Matters - Repeals a Federal provision requiring each member of the National Guard called into or leaving Federal service to be examined for physical fitness. (Sec. 512) Authorizes a Federal employee military leave as a member of the reserve to perform public safety duty. (Sec. 513) Authorizes the Secretary of the military department concerned to prescribe the duration of field training or a practice cruise (currently, either must be no less than six weeks) required for admission to the Reserve Officers' Training Corps (ROTC) advanced course. (Sec. 515) Amends the National Defense Authorization Act for Fiscal Year 1993 to require the Secretary of the Army to have an objective of increasing the percentage of qualified prior active-duty personnel in the Selected Reserve (currently, in the Army National Guard). (Sec. 516) Requires technicians employed by the Army or Air National Guard to wear the military uniform appropriate for the member's grade and component while performing technician functions. Considers such duty as active duty, thereby permitting a clothing allowance. (Sec. 517) Provides an exception to the prohibition against the involuntary separation from service of military personnel within two years from retirement in the case of reserve personnel performing active duty service for less than 180 days. (Sec. 518) Authorizes the Secretary to provide certain involuntarily separated military reserve technicians with placement consideration through the DOD Priority Placement Program. Subtitle C: Amendments to the Uniform Code of Military Justice - Amends the Uniform Code of Military Justice (UCMJ) to make subject to its provisions those persons serving with or accompanying an armed force in the field in a time of armed conflict. (Sec. 553) Allows an investigative officer to investigate the subject matter of any uncharged offense against an accused during an investigation, as long as the accused is present, is informed of the nature of the investigation, and is permitted representation, presentation of evidence, and cross-examination. (Sec. 554) Eliminates the $500, six-month fine and imprisonment limits for persons convicted of refusing to testify before a court- martial. Revises provisions concerning the effective date of sentencings as they relate to the forfeiture of military pay and allowances. (Sec. 557) Allows deferment of a sentence of confinement upon application by the accused if the sentence has not been ordered to be carried out. Terminates the deferment at such time as the sentence is ordered to be executed. Allows the accused to submit to the convening authority written matters for consideration with respect to the findings and sentence. (Sec. 559) Allows a proceeding in revision (a proceeding to revise a trial record) to be ordered to correct an erroneously announced sentence. (Sec. 560) Allows the post-trial review of courts-martial in the Office of the Judge Advocate General, unless the accused has waived or withdrawn the right to appeal under the UCMJ. (Sec. 561) Authorizes the United States to appeal an order or ruling which directs the disclosure of classified information, imposes sanctions for nondisclosure of such information, or refuses to issue a protective order seeking to prevent such disclosure. (Sec. 562) Includes flight from arrest as a punishable action under the UCMJ. (Sec. 563) Removes a gender reference with respect to the UCMJ offense of carnal knowledge with a person under 16 years of age. Requires the accused in such a prosecution to establish by a preponderance of the evidence that the other person was at least 12 years of age and that the accused reasonably believed the person to be at least 16. (Sec. 564) Requires newly enlisted personnel to be instructed in the UCMJ upon entrance into active or reserve duty. Subtitle D: Other Matters - Authorizes the Secretary concerned to accept at his discretion the reenlistment of members of the armed forces with ten or more years of service. Requires such reenlistment period to be unspecified on a career basis. (Sec. 572) Reduces from three to two years the minimum time in grade required for a chief warrant officer to be considered for promotion. Allows warrant officers below the promotion zone for the grade of chief warrant officer, W-3, to be considered for such a promotion. (Sec. 573) Allows the Secretary of the Army to retire a Director of Admissions of the U.S. Military Academy after 30 years of commissioned officer service. 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 by 2.4 percent, effective on January 1, 1996, the rates of basic pay and the basic allowance for subsistence. Increases by 3.4 percent the basic allowance for quarters, effective on the same date. (Sec. 602) Provides an evacuation allowance to civilian personnel and their dependents officially authorized to evacuate their duty stations. (Currently, such allowance is only paid to military personnel and their dependents who are ordered to evacuate.) (Sec. 603) Provides continuous entitlement to career sea pay for crew members on ships designated as a tender-class ship. (Sec. 604) Increases to $200 monthly the subsistence allowance payable to members of the Senior ROTC. (Sec. 605) Provides a dislocation allowance for those directed to move as a result of a base realignment or closure. (Sec. 607) Authorizes, as of July 1, 1996, the payment of a basic allowance for quarters for enlisted personnel in the pay grade of E-6. Subtitle B: Income Tax Matters - Amends the Internal Revenue Code to limit, after December 31, 1994, the exclusion of combat pay from withholding taxes only to the extent that such pay is excluded from gross income. Subtitle C: Bonuses and Special and Incentive Pays - 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. 622) Extends specified expiring authorities for certain special pay and bonus programs within the regular and reserve armed forces. Makes permanent: (1) the aviation officer retention bonus; (2) the authority for the temporary promotion of certain Navy lieutenants; and (3) the authority for the DOD specialized treatment facility program. Subtitle D: Travel and Transportation Allowances - Authorizes the Secretary concerned to provide contract quarters as lodging in kind when transient government quarters are unavailable for reserve personnel performing annual training duty or inactive-duty training. (Sec. 632) Deletes a provision limiting to surface transportation the means of shipping a motor vehicle for a member assigned to a permanent change of duty station. (Sec. 633) Includes students who graduate from or 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 E: Retired Pay, Insurance, and Survivor Benefits - Makes ineligible for retired pay those persons convicted under the UCMJ whose sentences include death, dishonorable or bad conduct discharge, or dismissal from service. (Sec. 642) Makes first payable for March 1996 the FY 1996 cost-of- living adjustment for military retirees. (Sec. 643) Increases from $100,000 to $200,000 the amount of Servicemen's Group Life Insurance provided automatically to members assigned to active duty or the Ready or Retired Reserve. (Sec. 644) Authorizes the provision of medical and dental care, and the recovery, care, and disposition of remains, in the case of reserve members on duty other than active duty for more than 30 days, for members requiring such care while remaining overnight at or in the vicinity of a site outside reasonable commuting distance from the member's residence and at which site the member has performed inactive duty training between successive periods of such training. Entitles such individuals to basic pay while performing such service, or, if not entitled to such pay due to other eligibility requirements, to compensation as a member of the National Guard performing inactive- duty training. Subtitle F: Separation Pay - Provides certain transitional compensation for the dependents of any military member separated from the armed forces due to dependent abuse. (Currently, such compensation is only provided to dependents of members separated from active duty.) (Sec. 661) Authorizes the branch, office, or officer designated by the Secretary of the Navy to procure or sell to members of the Navy and Marine Corps specified articles and items of clothing and equipment, under such restrictions as such Secretary may prescribe. Directs such designate to sell to members of other military departments subsistence supplies and serviceable supplies at prices charged to members of the Navy and Marine Corps. Allows an honorably discharged member from any service branch who is receiving care and medical treatment from the Public Health Service or the Department of Veterans Affairs to buy subsistence supplies at prices charged to Navy and Marine Corps personnel. Allows honorably discharged individuals to buy exterior articles of uniform at such prices. Authorizes such Secretary to provide for the procurement and sale of items and articles designated by him to such U.S. civilian officers and employees as he considers proper at military installations: (1) outside the United States; and (2) inside the United States when it is impracticable for such officers and employees to obtain such articles and items from commercial enterprises without impairing the efficient operation of military activities. Requires such sales to be made only to those residing within the installation. Title VII: Civilian Employees - Subtitle A: Civilian Personnel Policy - Provides the legal public holiday days for those Federal employees whose basic workweek is other than Monday through Friday. (Sec. 702) Terminates the 120-day limit on administrative details within executive or military departments. (Sec. 703) Repeals a Federal provision requiring each Federal agency to submit to the Office of Personnel Management (OPM) a report concerning part-time career employment activities undertaken by such agency. Subtitle B: Compensation and Other Personnel Benefits - Repeals a Federal provision prohibiting DOD funds from being used to pay lodging expenses of a civilian DOD employee on official business when adequate government quarters are available. (Sec. 712) Includes within the definition of Federal employees the employees of various nonappropriated fund instrumentalities of the service branches. Subtitle C: Separation Provisions - Includes under Federal provisions authorizing continued health insurance coverage for a specified period after military discharge or separation those individuals: (1) voluntarily separating from the armed forces due to a reduction in force; and (2) whose positions are considered surplus due to the closure or realignment of a military installation. (Sec. 722) Entitles any eligible Federal employee to receive severance pay in a lump-sum amount. Requires refunding the pro rata share of a lump-sum payment if an individual is reemployed by the Government or the District of Columbia. Terminates such entitlement at the end of FY 1999. (Sec. 723) Directs OPM to prescribe regulations which permit, until September 30, 1996, DOD employees who are not scheduled for separation due to a reduction-in-force (RIF) to volunteer for RIF separation in place of employees who are so scheduled. Title VIII: Health Care Provisions - Subtitle A: Health Care Management - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to increase the health care professional payment limitation requirements under the CHAMPUS physician payment reform program, tying such limits to similar limits under title XVIII (Medicare) of the Social Security Act. Requires the Secretary to prescribe regulations covering such payment amounts, providing for exceptions in the case of adequate health care access. Provides transitional requirements. (Sec. 802) Amends specified prior national defense authorization Acts to repeal certain limitations on reductions in military medical personnel. Subtitle B: Other Matters - Requires a military medical advance directive (a directive to require or refuse life-support systems or to appoint a person to make such decisions) to be: (1) exempt from any State requirements of form, substance, formality, or recording; and (2) given the same legal effect as a State advanced medical directive. (Sec. 812) Terminates the Uniformed Services University of the Health Sciences, directing the Secretary to phase out such University beginning in FY 1996 and ending at the close of FY 1999. Prohibits any new class of University students after FY 1995, and prohibits awarding degrees after FY 1999. (Sec. 813) Repeals a Federal provision prohibiting DOD funds from being used to perform abortions unless the life of the mother is in danger. Title IX: Department of Defense Organization and Management - Subtitle A: Secretarial Matters - Authorizes a 12th Assistant Secretary of Defense. (Sec. 902) Redesignates the Assistant Secretary of Defense for Atomic Energy as the Assistant Secretary of Defense for Nuclear and Chemical Programs. Subtitle B: Professional Military Education - Includes within the National Defense University the Institute for National Strategic Studies (which replaces the Institute for National Strategic Study) and the Information Resources Management College. (Sec. 912) Includes the Asia-Pacific Center for Security Studies within a Federal provision authorizing the Secretary to employ as many civilian professors, instructors, and lecturers at specified institutions as considered necessary. Subtitle C: Other Matters - Amends various prior national defense authorization Acts and Federal armed forces provisions to reduce or eliminate specified congressional reporting, notification, or certification requirements. (Sec. 922) Repeals the Federal prohibition against contracting out for the fire fighting and security guard functions at military installations. (Sec. 923) Increases to: (1) $1.7 million the unspecified minor construction threshold; and (2) $350,000 the operation and maintenance threshold. (Sec. 924) Changes from February 15 to March 1 annually a required report from the Secretary concerning National Guard and reserve component equipment. (Sec. 925) Revises the annual date for the joint OMB-CBO report on the scoring of national defense budget outlays. (Sec. 926) Repeals a required annual report from the Secretary on payments made to defense contractors for the costs of environmental response actions. Title X: General Provisions - Subtitle A: Financial Matters - Requires the head of the Coast Guard, when such service is not operating as a service within the Navy, to designate disbursing officials within the Coast Guard for the disbursing of public funds. Allows the Secretary to designate deputy disbursing officials within DOD. (Currently, the Secretary of each military department may designate such an official within that department.) Authorizes the Secretary and the Secretary of Transportation, when operating the Coast Guard, to: (1) designate military personnel under their jurisdiction to certify vouchers; and (2) relieve certifying officials from certain liability concerning the certification of the use of public funds under their jurisdiction. Allows for the crediting of a deficiency in an account under the jurisdiction of such officials, in appropriate circumstances. (Sec. 1002) Provides an exception to certain military personnel due process requirements in the case of routine adjustments of military pay attributable to clerical or administrative error or processing delays. (Sec. 1003) Authorizes the Secretary, under specified limitations, to incur necessary obligations to preserve the military readiness in excess of contract authority and amounts available in DOD appropriations. Requires proposals to incur such additional obligations to be accompanied by offsetting rescission proposals, unless emergency conditions exist. Outlines procedures for charging such excess costs to certain DOD accounts which have been funded as subdivisions within an appropriation. Amends the National Defense Authorization Act for Fiscal Year 1991 to allow, under certain limitations, an obligation and an adjustment to an obligation to be charged to any current DOD appropriation account that is available for the same purpose as a closed or expired DOD account when the expired or closed account was or may have been in violation of the Anti Deficiency Act (an Act which provides express time limitations on the expenditure and obligation of Federal appropriations or funds). (Sec. 1004) Authorizes the Secretary or the Secretary of a military department to waive certain settlement and payment limitations for claims by military personnel under that Secretary's jurisdiction when such claims arose from an emergency evacuation or from extraordinary circumstances warranting such waiver. Applies such waiver to claims arising on or after June 1, 1991. Subtitle B: Counter-Drug Activities - Authorizes the Secretary, in lieu of providing drug interdiction and counter-drug activities funds to a State, to allocate funds for the pay and related expenses of personnel of the National Guard of such State who perform counter- drug duty pursuant to a plan submitted to the Secretary by the governor of such State. Limits to 4,000 the total number of National Guard personnel who may perform such duty for more than 180 days, with an authorized 20 percent increase when necessary in the national interest. Outlines plan requirements. Requires the Secretary to examine the plan's adequacy in consultation with the Director of National Drug Policy. (Sec. 1012) Authorizes the Secretary to conduct outreach programs to reduce the demand for illegal drugs among youths. Provides funding from drug interdiction and counter-drug funding. Subtitle C: Other Matters - Increases from 90 days to one year the authorized period for the transportation of a Federal employee or official between his or her residence and place of employment in situations presenting a clear and present danger to such individual. Authorizes the Secretary and the Secretaries of the military departments to delegate their authority to choose those positions under their jurisdiction for which such transportation will be permitted. (Sec. 1022) Amends the National Defense Authorization Act for Fiscal Year 1993 to: (1) remove the FY 1993-1995 limit for the National Guard Civilian Youth Opportunities Program; (2) state that the Program shall no longer be considered a pilot program; and (3) authorize the use of government vehicles pursuant to the Federal Property and Administrative Services Act of 1949 in conducting the Program. Authorizes the use of such government vehicles under such Act for the training and administration of the National Guard. (Sec. 1024) Authorizes the Secretary concerned to trade certain military historical items in exchange for conservation and preservation services and for educational programs, supplies and newly upgraded or renovated conservation equipment, facilities, and systems within existing structures. (Sec. 1025) Amends the DOD Education Loan Repayment Program to authorize the Secretary to repay any loan made under part D of the Higher Education Act of 1965 (the William D. Ford Direct Loan Program) on behalf of the following: (1) enlisted members serving on active duty in certain military specialties; (2) enlisted members of the Selected Reserve with certain critical specialties; and (3) Selected Reserve health professions officers serving under wartime critical medical skill shortages. Title XI: Matters Relating to Allies, Other Nations, and International Organizations - Revises certain accounting procedures with respect to defense burden sharing contributions accepted from the Republic of Korea. (Sec. 1102) Authorizes the Secretary to accept such contributions from Japan and the Republic of Korea in dollars or in the currency of the host nation. Allows such contributions to be used for the relocation of U.S. military personnel in or to such countries. Requires annual reports from the Secretary specifying the amount of contributions accepted and expended. (Sec. 1103) Amends the Foreign Assistance Act of 1961 to authorize the President to assign members of the armed forces to any foreign country to promote rationalization, standardization, interoperability, and other defense cooperation measures. (Currently, such promotion is permitted only among members of NATO and with the armed forces of Japan, Australia, and New Zealand.) (Sec. 1104) Amends the Arms Export Control Act to authorize the Secretaries concerned to use amounts reimbursed to the United States by foreign countries for leased items which have been lost or destroyed to either replace such items or to fund upgrades or modifications of similar systems of the military departments. (Sec. 1105) Amends the Arms Export Control Act to authorize the President, under specified conditions, to acquire from an eligible foreign country or international organization a defense article previously transferred to such country under provisions of such Act, or to undertake an exchange of a defense article in return for a repaired or new article. (Sec. 1106) Limits to any operation which is expected to exceed $10 million in cost or last longer than three months the applicability of a requirement for notification from the President to the Congress when providing disaster assistance outside the United States. (Sec. 1107) Requires an annual report from the Secretary to specified congressional committees concerning the provision of worldwide humanitarian assistance by the United States to be submitted at the same time as the President's annual budget submission. Specifies additional information required to be included in such reports. (Sec. 1108) Amends the National Defense Authorization Act for Fiscal Year 1995 to authorize during FY 1996 the use of DOD humanitarian assistance funds for activities supporting the clearing of landmines for humanitarian purposes. (Sec. 1109) Authorizes the President to provide personnel, supplies, services, and equipment in support of international peacekeeping and peace enforcement activities and to make contributions to pay the U.S. assessed share for such operations conducted by the United Nations when U.S. combat forces participate. Outlines provisions concerning: (1) appropriate reimbursement to the United States for the costs of such support, subject to specified conditions; (2) the appropriate crediting of reimbursements received; (3) the establishment of the International Peacekeeping and Peace Enforcement Activities Account for appropriate purposes; (4) an annual reporting requirement from the President to the Congress concerning such activities and expenditures; (5) an authorization of appropriations for the payment of assessments for UN operations; and (6) a prohibition on the payment of such UN assessed amounts for such activities when U.S. combat forces do not participate. (Sec. 1110) Amends the National Defense Authorization Act for Fiscal Year 1993 to: (1) continue through FY 1996 the authority of the Secretary to provide assistance to support international nonproliferation activities; (2) change from the On-Site Inspection Agency to DOD the responsibility for certain on-site inspections in support of such activities; (3) add to authorized nonproliferation activities; and (4) continue through FY 1996 certain quarterly reporting requirements with respect to such activities. Title XII: Acquisition Reform - Exempts from Federal provisions requiring the cancellation of appropriated funds if not used by the end of the fifth fiscal year following their appropriation any funding appropriated for: (1) satellite on-orbit incentive fees, to remain until the fee is earned; and (2) government shipbuilding appropriations available for budgeted work that must be performed in the final stage of ship construction, to remain until its purpose is satisfied. (Sec. 1202) Amends the Office of Federal Procurement Policy Act to require certain public notice of a proposed Federal contract expected to exceed $10,000 but not to exceed $25,000. (Sec. 1203) Repeals a Federal provision: (1) requiring letters of offer for the sale of defense articles and services from DOD stocks to include appropriate charges for a proportionate amount of any nonrecurring costs of research, development, and production of major defense equipment; and (2) authorizing the waiver of such charges by the President in certain circumstances. (Sec. 1204) Makes Federal provisions disallowing the receipt by a contracting official of any gratuities from the contractor inapplicable to contracts falling within the simplified acquisition threshold. (Sec. 1205) Amends the Federal Acquisition Streamlining Act of 1994 to require the heads of Federal agencies to make management decisions on all Office of Inspector General audits within six months (currently, no time limit) after their issuance. (Sec. 1206) Repeals a Federal provision prohibiting funds appropriated to DOD from being used to transfer to a foreign country a technical data package for a defense item being manufactured or developed in an arsenal, or to assist a country in producing such an item. (Sec. 1207) Makes permanent (currently only permitted during a national emergency) the power of the President to make, amend, or modify contracts to facilitate the national defense. (Sec. 1208) Includes a U.S. territory as a permissible entity to which the Secretary of the Navy may transfer a captured vessel or a vessel stricken from the Naval Vessel Register. (Sec. 1209) Amends the National Defense Authorization Act for Fiscal Year 1990 and 1991 to: (1) require a broad range of the services and supplies acquired by DOD to be included in a test program for negotiating comprehensive subcontracting plans; (2) revise provisions concerning DOD contractors eligible under the test program; and (3) repeal a provision limiting the FY 1994 participants in the program. (Sec. 1210) Removes the requirement of activation of the full Civil Reserve Air Fleet before the Secretary may contract with private aircraft owners for the incorporation of defense features on such aircraft. (Sec. 1211) Prohibits any court or board from exercising jurisdiction over any claim for the adjustment of a shipbuilding contract that was not submitted to the contracting officer within 18 months after the occurrence of the event giving rise to the claim. (Sec. 1212) Authorizes the Secretary of the Navy to acquire or transfer such vessels and equipment for operation by private salvage companies as the Secretary considers necessary. Authorizes such Secretary to settle and receive payment for any U.S. claim for salvage services rendered by the Navy. (Sec. 1213) Authorizes the Secretary or the secretaries of the military departments to have supplies needed for DOD or a military department made in factories, depots, or arsenals owned by the United States. Authorizes any such Secretary to disestablish any U.S. arsenal considered unnecessary. (Sec. 1214) Repeals a Federal provision prohibiting the use of any appropriated funds for documenting the economic or employment impact of DOD acquisition programs for which research, development, testing, and evaluation have not been completed. (Sec. 1216) Repeals a Federal provision authorizing the Secretary of a military department to delegate certain contract authority. (Sec. 1217) Exempts from certain monitoring, evaluation, reporting, and oversight requirements the defense acquisition pilot programs specified under the Federal Acquisition Streamlining Act of 1994 and such future programs as may be authorized by the Congress pursuant to the National Defense Authorization Act for Fiscal Year 1991. (Sec. 1218) Requires major defense system and munitions programs testing to begin at the component, subsystem, and subassembly level and to culminate with tests of the complete system configured for combat. Revises, generally, language and terms for such programs. (Sec. 1219) Requires any position papers or assessments made with respect to technological issues in defense research to be made part of the record when making acquisition program (currently, milestone O, I, and II) decisions. (Sec. 1220) Repeals a Federal provision which authorizes the head of an agency to waive certain restrictions on undefinitized contractual actions when necessary to support a contingency operation. Excludes from such restrictions contingency operations, peacekeeping and peace enforcement operations, disaster relief operations, and humanitarian assistance. (Sec. 1221) Provides an exception with respect to the requirement of independent cost estimates for major defense acquisition programs when the decision authority for that program has been delegated to an official of a military department, defense agency, or other DOD component. (Sec. 1222) Revises Federal provisions requiring unit cost reports for defense acquisition programs to: (1) remove the definition of "procurement program" for purposes of such reports; and (2) require such a report in certain cases where the current program acquisition unit cost has increased by at least five percent over the 15 percent increase in such cost for the program as shown in its baseline estimate. (Sec. 1223) Repeals Federal provisions requiring certain quality control in the procurement of critical aircraft and ship spare parts. (Sec. 1224) Authorizes funds appropriated to a military department to be used to procure rights to use designs and processes. (Currently, funds are authorized only for technical data and computer software.) (Sec. 1225) Authorizes the Secretary to exclude from certain required post-education duty assignments graduates of the Senior Acquisition Course at the Armed Forces Industrial College if they are assigned upon such graduation to critical acquisition positions. Repeals a Federal provision requiring individuals assigned to critical acquisition positions to so serve for a minimum of three years. (Sec. 1227) Repeals Federal provisions: (1) requiring certain limitations on the performance of depot-level maintenance of material; and (2) prohibiting the contracting-out of DOD depot-level maintenance or repair workload activities previously performed by DOD depot-level activities.
United States · United States Congress · 27 April 1995
TABLE OF CONTENTS: Title I: Family Investment Program and Other Welfare Reform Title II: Increasing Work and Self-Sufficiency Subtitle A: Work Incentives Subtitle B: Incentives to Save Subtitle C: Microenterprise Development and Other Projects to Create Jobs Title III: Improving State Flexibility Title IV: Combating Teenage Pregnancy Title V: Improving Child Support Collection Subtitle A: Improvements in the Collection of Child Support Subtitle B: Improvements in Paternity Establishment Title VI: Savings Provisions Title VII: Effective Date Welfare to Self-Sufficiency Act of 1995 - States that it is U.S. policy that all programs, projects, and activities assisted below be carried out so that: (1) welfare recipients accept responsibility for their families from their first welfare office visit by signing an agreement to achieve self-sufficiency; (2) failure to sign such agreement will reduce and eventually eliminate cash benefits; (3) welfare programs are for temporary assistance to needy families with children and must provide the support and skills needed for full-time private sector employment; (4) States must have more flexibility to design programs for responding effectively to recipient needs; (5) actions must be taken to combat illegitimate teen births; and (6) children have a right to receive parental financial support from which parents shall not escape. Title I: Family Investment Program And Other Welfare Reform - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act (SSA) to require State AFDC plans in States without a waiver from the Secretary of Health and Human Services (HHS) to provide for a program in which the State agency negotiates an agreement with AFDC recipients outlining the steps non-exempt individuals must take. Includes among such steps participation in education or job training programs, or in substance abuse treatment or parenting programs, in order to obtain self-sufficiency within a certain period of time. Requires supplemental services, such as transportation and child care, when necessary for achieving such goal, as well as support and case management when adapting such agreement for changing family circumstances. Requires the State agency to offer such recipients enrollment in a limited benefit plan under which benefits are suspended after six months, and in which families failing to comply with the agreement are automatically enrolled. (Sec. 104) Requires the Secretaries of HHS, of Labor, and of Education to ensure appropriate coordination in planning, developing, and operating family investment programs above and other specified programs, including the Job Opportunities and Basic Skills Training Program (JOBS) under SSA title IV part F in order to improve departmental services and reduce program overlap and administrative costs. (Sec. 105) Revises JOBS and JOBS-related provisions, among other changes removing restrictions on JOBS participation of pregnant AFDC recipients, in addition to changes involving job searches, work assignments, and grievance procedures. Title II: Increasing Work and Self-Sufficiency - Subtitle A: Work Incentives - Makes numerous miscellaneous amendments to SSA title IV part A, providing States with various specified options for moving AFDC recipients towards self-sufficiency, including options for: (1) increasing income disregards for work expenses, earned income, and automobiles; (2) disregarding certain earned income of new employees and dependent children; and (3) further extending transitional child care benefits. (Sec. 205) Amends the Family Support Act of 1988 (FSA) to permanently extend its transitional child care program. Subtitle B: Incentives to Save - Creates State incentive-to-save options, including options for increasing asset limits and disregarding certain income and resources designated for education, training, and employability, as well as interest income. Subtitle C: Microenterprise Development and Other Projects to Create Jobs - Creates further State options, including options for disregarding income and resources related to microenterprise initiatives. (Sec. 222) Provides for inclusion of microenterprise training and activities in JOBS. (Sec. 223) Directs the Secretary to establish demonstration projects for developing a wage supplementation program under which certain AFDC-eligible individuals would receive monthly incentive payments from the State out of funds available for AFDC and food stamp benefits in lieu of receiving such benefits directly. (Sec. 224) Amends FSA with respect to its demonstration projects for expanding job opportunities for low-income individuals, making such projects permanent at increased funding. Title III: Improving State Flexibility - Amends SSA title IV part A to make various specified changes, among other things, in provisions containing certain requirements for unemployed parents, including elimination of the principal earner requirement, as well as modification of other specified requirements, and in other provisions providing for the equivalent treatment of stepparent and parent income and permanent extension of the AFDC-UP program. (Sec. 303) Modifies payment formulae for the JOBS program and child care, increasing the JOBS program's authorization, among other changes. (Sec. 304) Provides for optional State: (1) assessment, monitoring, and evaluation under the AFDC program in order to increase the percentage of families moving from welfare to self-sufficiency; and (2) modification of individual family AFDC payment amounts in order to ensure that the children of families on AFDC receive proper immunizations and well-child care. Title IV: Combating Teenage Pregnancy - Amends SSA title IV part A to: (1) provide for additional adult-supervised living arrangements for unmarried minor parents with dependent children in order for them to receive AFDC; and (2) give States the option, in cases involving custodial parents below age 20 who have not completed high school and are required to participate in JOBS, to require them to participate in an educational activity. (Sec. 403) Amends the Public Health Service Act to authorize additional funding for family planning grants for combating teenage pregnancy. Title V: Improving Child Support Collection - Subtitle A: Improvements in the Collection of Child Support - Amends SSA title IV part D (Child Support and Establishment of Paternity) and the Internal Revenue Code to provide for the establishment of a system under which the Internal Revenue Service (IRS) would collect child support via wage withholding and estimated tax payments and disperse it as appropriate. Requires the entire amount of child support owed to be paid to the IRS by the end of the applicable tax year along with the individual's tax return. Subjects delinquent individuals to generally the same penalties applicable to back taxes. (Sec. 503) Gives States the following options in order to discourage overdue child support: (1) periodically making available for publication the identity of certain individuals owing overdue child support; (2) enacting laws authorizing suspension of driver's, professional, and other specified licenses of such individuals; and (3) requiring community service participation by such individuals. (Sec. 506) Provides for optional State laws concerning modification of child support orders. Subtitle B: Improvements in Paternity Establishment - Creates various specified State options regarding paternity establishment, including options for a simple civil process for voluntarily acknowledging paternity, as well as optional State plan requirements for voluntary paternity establishment outreach. (Sec. 513) Establishes: (1) penalty reductions in Federal matching payments to States under AFDC for certain children for whom paternity has not been established; and (2) incentive payments to families to encourage paternity establishment, including requirements for related demonstrations. Title VI: Savings Provisions - Authorizes appropriations for consolidating Federal assistance in the form of a single Federal administrative payment to each State for administrating its Medicaid, AFDC, and food stamp programs, with discretion to allocate such amount in any manner between such programs. (Sec. 602) Extends, with certain exceptions, the deeming of income and resources under AFDC, SSI, Medicaid (SSA titles XVI and XIX, respectively), and food stamp programs with respect to aliens through the respective dates they become citizens. (Sec. 603) Amends the Immigration and Nationality Act to: (1) provide requirements for a sponsor's affidavit of support; and (2) extend requirements for affidavits of support to family-related and diversity immigrants. (Sec. 604) Sets limitations on expenditures for emergency assistance under AFDC and makes other specified changes with regard to such assistance. Title VII: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 7 April 1995
Amends the Omnibus Budget Reconciliation Act of 1990 to extend for 12 months the period during which Medicare select policies may be issued.
United States · United States Congress · 7 April 1995
Amends the Employee Retirement Income Security Act of 1974 (ERISA) to exempt from preemption under ERISA certain provisions of law of the State of Oregon relating to health plans, including the Oregon Health Plan. Sets forth circumstances for applicability to the State of Oregon of any future Federal health reform legislation.
United States · United States Congress · 7 April 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) Prohibits cancelling or not renewing plans except for specified reasons. 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.
United States · United States Congress · 7 April 1995
Amends title XI of the Social Security Act to exempt from criminal penalties for illegal remunerations any payments made by: (1) a State agency to a health insurer or health maintenance organization with respect to participants in a State Medicaid demonstration project; and (2) a health insurer or health maintenance organization (HMO) to a sales representative or licensed insurance agent for servicing, marketing, or enrolling project participants in a health plan offered by such insurer or HMO.
United States · United States Congress · 7 April 1995
Domestic Violence Identification and Referral Act of 1995 - Amends the Public Health Service Act to give preference, in making grants or contracts under provisions relating to health professions education and provisions relating to nurse education, to certain health professions entities that train students in the identification, examination, treatment, and referral of victims of domestic violence.
United States · United States Congress · 7 April 1995
TABLE OF CONTENTS: Title I: Women Veterans Health Improvements Title II: Care for Veterans Exposed to Toxic Substances Title III: Readjustment Services Title IV: Services for Mentally Ill Veterans Title V: Construction Planning Title VI: General Health Administration Subtitle A: Health Care Administration Subtitle B: Personnel Administration Subtitle C: Health Care Resource Agreements Subtitle D: Miscellaneous Veterans Health Improvements Act of 1995 - Title I: Women Veterans Health Improvements - Women Veterans Health Improvements Act of 1995 - Directs the Secretary of Veterans Affairs to ensure that each health care facility under the direct jurisdiction of the Department of Veterans Affairs is able to provide in a timely and appropriate manner all authorized health care services to women veterans. Requires the provision of women's health services by direct Department care (rather than by contract or other agreement) when cost effective. Includes women's health services within the medical services authorized to be provided through the Department. Extends through 1998 a reporting requirement under the Veterans Health Care Act of 1992 concerning the Department's provision of women's health care services and research and adds to the information required in such report. (Sec. 104) Prohibits mammograms from being performed at a Department facility unless such facility is accredited for such purpose by a private nonprofit organization designated by the Secretary. Directs the Secretary to prescribe mammogram quality assurance and control standards and to perform periodic inspection of Department mammogram equipment and facilities. Requires the Secretary to ensure that mammograms performed for the Department on a contractual basis with a non-Department facility or provider conform to the quality standards for such procedures as prescribed by the Secretary of Health and Human Services under the Public Health Service Act. Provides for: (1) a deadline for prescribing the standards; (2) transition provisions; and (3) a standards implementation report from the Secretary to specified congressional committees. (Sec. 105) Amends the Veterans Health Care Act of 1992 to require each coordinator of women's services to serve in such position on a full-time basis. Requires the Secretary to ensure that: (1) sufficient Department funding is provided to allow such coordinators to fully carry out their responsibilities at such facilities; and (2) each coordinator has direct access to the Chief of Staff at their respective facility. (Sec. 106) Directs the Secretary to: (1) conduct a survey to identify deficiencies relating to women patient privacy in Department medical centers; (2) correct any such deficiencies; and (3) report to the Congress annually through 1997. Title II: Care for Veterans Exposed to Toxic Substances - Extends eligibility for hospital, nursing home, or outpatient medical care through the Department to: (1) a herbicide-exposed veteran if the National Academy of Sciences has, in a report issued under the Agent Orange Act of 1991, made specified determinations regarding an association between exposure to a herbicide agent and the occurrence of the veteran's disease; (2) a radiation-exposed veteran if the Secretary, based on the advice of the Advisory Committee on Environmental Hazards, determines that there is credible evidence of a positive association between exposure to ionizing radiation and the veteran's disease; and (3) a veteran who the Secretary finds may have been exposed to a toxic substance or environmental hazard during service in the Persian Gulf War, for any disability that becomes manifest before October 1, 1996. Provides time limits to the provision of such services. Title III: Readjustment Services - Authorizes the Secretary to furnish counseling in a vet center to assist any veteran who served in combat during World War II or the Korean conflict in overcoming the effects of such combat experience. Requires a report. (Sec. 302) Establishes in the Department the Advisory Committee on Veterans Readjustment Counseling to perform advisory services with respect to veterans' readjustment, taking into special account Vietnam era veterans. Requires reports. Title IV: Services for Mentally Ill Veterans - Authorizes the Secretary to establish at any Veterans Health Administration (VHA) facility a nonprofit corporation to: (1) arrange for therapeutic work for patients of such facility or other Department facilities; and (2) provide a funding mechanism to achieve such purposes. Outlines provisions concerning: (1) the establishment of a board of directors for each corporation; (2) the deposit of excess corporation funds; (3) annual reports by the corporation and the Secretary; (4) a prohibition against the establishment of such corporations after FY 1999; and (5) required recognition of such corporation within four years as a tax-exempt organization under Internal Revenue Service rules. (Sec. 402) Extends through FY 1998 (currently 1995) the Department compensated work therapy and therapeutic transitional housing demonstration program. (Sec. 403) Directs the Secretary to establish in the VHA a Committee on Care of Severely Chronically Mentally Ill Veterans to carry out a continual assessment of the Department's ability to meet the treatment and rehabilitation needs of severely, chronically mentally ill veterans and to provide appropriate advice and recommendations after such assessment. Requires annual reports. (Sec. 404) Directs the Secretary to establish and operate centers for mental illness research, education, and clinical activities (centers). Directs the Secretary to ensure that designated centers are located in diverse geographic areas. Limits to five the total number of centers authorized for designation. Requires the prior appropriation of funds for such purpose. Requires interested facilities to submit written proposals containing specified requirements, including an arrangement by the facility with an accredited medical school, school of psychology, or medical training facility for appropriate research, education, and clinical activities. Requires the official within the VHA responsible for mental health and behavioral sciences matters (official) to establish a peer review panel to assess the scientific and clinical merit of proposals submitted to the Secretary. Requires the Under Secretary for Health to ensure that: (1) at least three centers designated under this section emphasize research into means of improving the quality of care for veterans suffering from mental illness through the development of community-based alternatives to institutional treatment; and (2) information produced through such centers that may be useful for other VHA activities is appropriately disseminated. Requires the official to supervise the operation of the centers and provide for ongoing center evaluations. Authorizes appropriations to the Department for the centers for FY 1997 through 2000. Authorizes the Under Secretary to allocate other Department funds for such purpose. Requires annual reports. Requires at least one center to be so designated by January 1, 1997. (Sec. 405) Authorizes the Secretary to provide to homeless, chronically mentally ill veterans currently eligible for hospital and nursing home care additional care and treatment and rehabilitative services in halfway houses, therapeutic communities, psychiatric residential treatment centers, and other community-based treatment facilities. Authorizes the Secretary to also provide such care and services to: (1) veterans being furnished hospital or nursing home care by the Secretary for a chronic mental illness disability; and (2) veterans with service-connected chronic mental illness disabilities. Requires approval by the Secretary of the quality and effectiveness of a program providing such services through non-Department facilities. Authorizes the Secretary to provide in-kind and other forms of assistance to non-Department facilities providing such care, treatment, and services. Title V: Construction Planning - Directs the Secretary to develop and implement a plan to promote the efficient delivery of health care services and to reduce unnecessary duplication of health care resources. Requires an implementation report. (Sec. 502) Adds additional information to be required in a prospectus sent from the Secretary to specified congressional committees concerning proposed medical facilities to be constructed, leased, or acquired by the Department for the provision of Department medical care and services. (Sec. 503) Requires the Secretary to submit to specified congressional committees a report showing the current Department priorities for proposed major medical construction projects. (Sec. 504) Prohibits the appropriation or obligation of funds for the design of major medical facility projects (projects in excess of $5 million) unless such funds have been specifically authorized by law. Title VI: General Health Administration - Subtitle A: Health Care Administration - Includes within authorized Department medical services overnight lodging in Department facilities when necessary for the provision of services on an outpatient basis. (Sec. 602) Extends through FY 1997 the pilot program for noninstitutional alternatives to nursing home care. Extends similarly certain reporting dates with respect to such program. (Sec. 603) Extends through December 31, 1997, the authority of the Secretary to provide treatment and rehabilitation to veterans for alcohol or drug dependence or abuse disabilities. (Sec. 604) Increases the amounts required to be paid by the Secretary to a State per diem for each veteran receiving domiciliary, nursing home, hospital, or adult day health care. (Sec. 605) Includes the provision of adult day health care within authorized purposes for Department assistance to States for the construction of medical facilities for the care of veterans. Subtitle B: Personnel Administration - Places an additional limitation on authorized Department reductions in the number of full-time equivalent positions in the Department before the end of FY 1999. (Sec. 612) Extends permanently (currently expired as of December 31, 1994) the authority of the Secretary to waive certain reductions in retirement pay for Department registered nurses. (Sec. 613) Authorizes the Secretary to employ in the VHA certain persons in health care positions as the Secretary considers necessary. (Sec. 614) Extends to individuals appointed as employees in the VHA certain Federal provisions (whistleblower laws) providing protection against certain prohibited personnel practices. (Sec. 615) Extends through December 31, 1998, the Department's health professional scholarship program (offering educational scholarships to certain health care students in return for post-graduate service in the VHA). Subtitle C: Health Care Resource Agreements - Repeals a provision of the Veterans Health Care Act of 1992 which terminates at the end of FY 1995 the authority of the Department to expand the availability of health-sharing arrangements between the Department and the Department of Defense. (Sec. 622) Authorizes the director of a Department health care facility located in a State that has established a State health care reform plan to contract with any entity or individual to procure or furnish any health care resource for veterans. Authorizes such director to contract for the procurement of such resources for non-veterans only under specified conditions. Terminates the authority to enter into such contracts at the end of FY 2000. (Sec. 623) Authorizes the Secretary to enter into agreements with medical schools, health-care facilities, and research centers for the shared use of health care resources for the treatment of veterans. (Currently, the Secretary is authorized to enter into such agreements with such entities for the shared use of specialized medical resources.) Changes the payment method under such agreements from reciprocal reimbursement to one which provides appropriate flexibility to negotiate payment which is in the best interest of the Government. Authorizes the Secretary to enter into such agreements for the furnishing of health care services to non-veterans only in certain limited circumstances. Subtitle D: Miscellaneous - Designates various current veterans' committees and boards as veterans' research advisory committees. Prohibits the Secretary from terminating any such committee unless the Secretary: (1) finds that such committee is no longer needed; and (2) notifies specified congressional committees of such intention at least 120 days prior to such termination. (Sec. 633) Changes from December 1 to April 1 of each fiscal year a reporting date concerning Department admission policies with respect to veterans' hospital care, medical services, and nursing home care. (Sec. 634) Authorizes the Secretary to provide for the operation of child care centers at Department facilities when practicable and in the best interests of the Department. Requires priority to be given, in the provision of such services, to employees of: (1) the Department; (2) other Federal departments and agencies; and (3) schools affiliated with the Department and Department research corporations. Allows the Secretary, after such priorities, to provide such services to members of the public when necessary to assure the financial success of the center. Requires the Secretary to establish reasonable charges for all child care services provided, with conditions. (Sec. 635) Authorizes the Secretary to enter into contracts for the provision of utilities (including steam and chilled water) to the Audie L. Murphy Memorial Hospital in San Antonio, Texas. Requires available appropriations. (Sec. 636) Authorizes the Secretary to enter into a long-term lease or similar agreement with The Caring Place at Loyola, Inc., a nonprofit organization, to allow such organization to establish on the grounds of the Edward Hines, Jr., Department of Veterans Affairs Hospital, Hines, Illinois, a facility to provide temporary accommodations for family members of severely ill children who are being treated at the Loyola University of Chicago Medical Center and other hospitals.
United States · United States Congress · 7 April 1995
Prostate Cancer Diagnosis and Treatment Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of services for the early detection of prostate cancer and certain drug treatments for such cancer. Requires the Secretary of Health and Human Services to establish fee schedules for such services. Amends Federal law to cover such detection and treatment services for veterans as a preventive health service. Amends the Public Health Service Act to authorize appropriations for certain public health programs related to prostate cancer research and education. Directs the Administrator of the Agency for Health Care Policy and Research to: (1) conduct and support prostate cancer health services and screening and treatment procedures; and (2) provide for the development, periodic review, and updating of clinically relevant guidelines, standards of quality, performance measures, and medical review criteria.
United States · United States Congress · 7 April 1995
Access to Children's Health Care Act of 1995 - Amends title XIX (Medicaid) of the Social Security Act to require State Medicaid plans to cover qualified children's hospital clinic services. Requires State plans to reimburse the clinics 100 percent for the reasonable costs of such services.
United States · United States Congress · 7 April 1995
Children's Health Equity Act of 1995 - Amends title XIX (Medicaid) of the Social Security Act to prohibit a State from requiring any child with special health care needs to receive services under the State's Medicaid plan through enrollment with a capitated managed care plan, unless the State adopts pediatric risk adjustment methodologies under which the State adjusts the payment rates for such plans to take into account the financial risks of enrolling such children. Directs the Secretary of Health and Human Services to develop and report to the Congress on model pediatric risk adjustment methodologies for such purpose.
United States · United States Congress · 7 April 1995
Declares, with regard to AIDS, other sexually transmitted diseases, and substance abuse, the sense of the Congress concerning women, youth, families, extended family members, and other nonbiological relatives.
United States · United States Congress · 6 April 1995
Domestic Violence Identification and Referral Act of 1995 - Amends the Public Health Service Act to give preference, in making grants or contracts under provisions relating to health professions education and provisions relating to nurse education, to certain health professions entities that train students in the identification, examination, treatment, and referral of victims of domestic violence.
United States · United States Congress · 6 April 1995
TABLE OF CONTENTS: Division A: Exchange of Responsibilities for Providing Welfare Assistance and Medical Care Title I: Federal and State Responsibilities During and After the Transition Period Subtitle A: Transition Period Subtitle B: Post-Transition Period Subtitle C: Legislative Proposals Subtitle D: Health Benefits and Coverage Commission Title II: Acute Care Benefits Under the Medicare Program for Elderly Low-Income and Nonelderly Low- Income Disabled Individuals Subtitle A: Eligibility Criteria and Acute Care Benefits for Elderly Low-Income Individuals Subtitle B: Eligibility and Acute Care Benefits for Nonelderly Low-Income Disabled Individuals Subtitle C: Premiums, Coinsurance, and Deductibles Established Without Regard to Additional Costs Title III: Establishment of the Long-Term Care Program Subtitle A: Establishment Subtitle B: Providing Long-Term Care Subtitle C: Requirements for Long-Term Care Contractors Subtitle D: Establishing Long-Term Care Benefits for Certain Individuals Title IV: Ensuring Financing for Federal Health Care for Certain Elderly Low-Income and Nonelderly Low- Income Disabled Individuals Title V: Miscellaneous Provisions Division B: Tax Incentives and Standards for Long-Term Care Insurance Title I: Tax Treatment of Long-Term Care Insurance Title II: Standards for Long-Term Care Insurance Title III: Incentives to Encourage the Purchase of Private Insurance Welfare and Medicaid Responsibility Exchange Act of 1995 - Division A: Exchange of Responsibilities For Providing Welfare Assistance and Medical Care - Title I: Federal and State Responsibilities During and After the Transition Period - Subtitle A: Transition Period - Provides for the termination of AFDC (Aid to Families with Dependent Children), JOBS (Job Opportunities and Basic Skills Training Program), WIC (Special Supplemental Food Program for Women, Infants, and Children), and food stamp programs over a five- year transition period starting October 1, 1996, shifting financial responsibility to the States for providing similar assistance to low-income individuals, with such cash or non-cash assistance paid for, in part, out of equivalent to the Federal welfare savings. Requires States to provide Medicaid assistance, during such transition period, to certain otherwise eligible individuals who are not welfare- related. Subtitle B: Post-Transition Period - Requires Federal assumption, during the transition period, of Medicaid acute care benefits and long-term care benefits. Authorizes each State, after the transition period, to provide medical care to welfare-related individuals. (Sec. 121) Directs the Health Benefits and Coverage Commission (established under subtitle D of this title) to develop a legislative proposal recommending a certain grant program designed to award grant funds to those States: (1) that experience the greatest loss of Federal funds as a result of program terminations of this title; and (2) contain cities or counties among the least affluent in the United States, and have the greatest need for public services for low-income and disadvantaged individuals. Subtitle C: Legislative Proposals - Specifies other legislative proposals for the Commission to develop. Provides for congressional consideration of implementing bills. Subtitle D: Health Benefits and Coverage Commission - Establishes the Health Benefits and Coverage Commission. Authorizes appropriations. Title II: Acute Care Benefits Under the Medicare Program for Elderly Low-Income and Nonelderly Low-Income Disabled Individuals - Subtitle A: Eligibility Criteria and Acute Care Benefits for Elderly Low-Income Individuals - Requires the legislative proposal developed by the Commission under title I to recommend a category of elderly low-income individuals eligible for benefits under the Medicare program (as amended by this Act), subject to the availability of appropriations. Limits such category to: (1) the elderly individuals eligible for Supplementary Security Income (SSI) under title XVI of the Social Security Act (SSA); (2) elderly individuals who meet a Federal medically needy standard (which may be based on specified factors); and (3) individuals who would have been eligible to receive medical assistance for Medicare cost-sharing as certain kinds of beneficiaries under SSA before enactment of this Act. Requires certain cost projections to accompany such proposal, together with prescribed cost controls. (Sec. 202) Requires such proposal to include specified Medicare benefits for elderly low-income individuals. Subtitle B: Eligibility and Acute Care Benefits for Nonelderly Low-Income Disabled Individuals - Requires such legislative proposal to establish a category of nonelderly low-income disabled individuals. Requires certain cost projections to accompany such proposal, together with prescribed cost controls. (Sec. 212) Requires such proposal to include specified Medicare benefits for nonelderly low-income disabled individuals. Subtitle C: Premiums, Coinsurance, and Deductibles Established Without Regard to Additional Costs - Directs the Secretary of Health and Human Services to establish premiums, coinsurance, and deductibles for the Medicare program after the transition period without regard to the amount of additional Federal expenditures incurred for providing acute care benefits to elderly low-income and nonelderly low-income disabled individuals. Title III: Establishment of the Long-Term Care Program - Subtitle A: Establishment - Directs the Secretary to establish a long-term care program. Subtitle B: Providing Long-Term Care - Directs the Secretary to establish a procedure for making eligibility determinations under the long-term care program and for periodic reassessment (at least annually, with certain exceptions) of an individual's financial and physical condition. (Sec. 312) Authorizes the Secretary to contract on a statewide, marketwide, or regional basis with any State, local government, community or civic organization, private entity, joint public and private partnership, or fiscal intermediary meeting certain requirements to provide or deliver benefits under the long-term care program. Prescribes requirements for such contracts and contractors. (Sec. 313) Requires the Secretary to provide individuals meeting eligibility criteria with long-term care benefits through any other means if at least one long-term care contractor in their area does not enter into a program contract. (Sec. 314) Sets forth contract terms and the Secretary's powers and duties. Subtitle C: Requirements for Long-Term Care Contractors - Prescribes other general requirements for long-term care contractors, along with needs assessment and individualized plan of care requirements for beneficiaries. (Sec. 323) Requires long-term care contractors to establish: (1) procedures that assure reasonable standards of quality of care consistent with prevailing professionally recognized standards of medical practice; and (2) meaningful procedures for hearing and resolving grievances with eligible individuals. Sets forth appeal procedures for such grievances. (Sec. 325) Requires the Secretary to have access to any contractor or subcontractor records. Subtitle D: Establishing Long-Term Care Benefits for Certain Individuals - Requires the Commission's legislative proposal to recommend national eligibility criteria for elderly or disabled individuals to receive long-term bare benefits, developed according to specified guidelines, and including repeal and replacement of the current Medicaid program with a program established according to this title. Title IV: Ensuring Financing for Federal Health Care for Certain Elderly Low-Income and Nonelderly Low-Income Disabled Individuals - Requires the Secretary to report to the Congress the actual or estimated shortfall, along with a legislative proposal, if the funds appropriated for any fiscal year for acute care benefits and long-term care benefits are, or are estimated to be, insufficient to pay the total Federal expenditures for such purposes. Requires such legislative proposal to include a request for supplemental appropriations together with proposed modifications to eligibility requirements and benefits. Requires the Secretary to modify such benefits, according to specified priorities, if the Congress fails to enact legislation in response to the proposal with 45 days. Title V: Miscellaneous Provisions - Requires an individual to satisfy separately the eligibility requirements for acute care benefits under Medicare and long-term care benefits under the long- term care program. Permits such individual to use the same assets or income to meet the separate eligibility criteria. (Sec. 502) Requires the Secretary, after the transition period, to take all necessary and appropriate steps in administering the Medicare program and the long-term care program to facilitate and encourage opportunities for enrollment in private health care plans and integrated systems of managed care plans by individuals eligible for benefits under this Act. (Sec. 503) Requires the Commission's legislative proposal to recommend modifications to SSI eligibility requirements for children, alcoholics, and drug addicts so that only the most severely disabled among them are eligible for SSI benefits. (Sec. 504) Prescribes information requirements for an annual report to the Congress on implementation of this Act. (Sec. 505) Directs the Commission to study and report to Congress on what legislative and regulatory measures can be taken to integrate acute and long-term care benefits for all elderly and disabled individuals. Division B: Tax Incentives and Standards for Long-Term Care Insurance - Title I: Tax Treatment of Long-Term Care Insurance - Amends the Internal Revenue Code to make qualified long-term care expenses deductible medical care expenses. (Sec. 1003) Treats a qualified long-term care insurance policy as an accident and health insurance contract. (Sec. 1004) Excludes qualified long-term care plans from COBRA continuation requirements. (Sec. 1005) Treats any amount distributed to an individual under a life insurance contract (including accelerated death benefits) on the life of a terminally ill individual as an amount paid by reason of the insured's death. Prescribes the tax treatment of companies issuing qualified accelerated death benefit riders. Title II: Standards for Long-Term Care Insurance - Sets forth additional requirements for issuers of long-term care insurance policies. Imposes an excise tax on such issuers who fail to meet such requirements. Title III: Incentives to Encourage the Purchase of Private Insurance - Directs the Secretary to provide for a public information and education program on the benefits of securing long-term care insurance coverage and the risks of not doing so. Authorizes appropriations.
United States · United States Congress · 6 April 1995
Morris K. Udall Parkinson's Research, Assistance, and Education Act of 1995 - Amends the Public Health Service Act to mandate a program for the conduct and support of research and training, the dissemination of health information, and other programs regarding Parkinson's disease. Establishes the Interagency Coordinating Committee on Parkinson's Disease. Requires Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's, designating each grant recipient as a Morris K. Udall Center for Research on Parkinson's Disease. Authorizes establishment of the National Parkinson's Disease Data System to collect, store, analyze, retrieve, and disseminate data. Establishes: (1) the National Parkinson's Disease Information Clearinghouse; (2) a grant program to support scientists who have distinguished themselves in Parkinson's research; and (3) a national education program to foster a national focus on Parkinson's and the care of those with Parkinson's. Authorizes appropriations.
United States · United States Congress · 6 April 1995
Prostate Cancer Diagnosis and Treatment Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of services for the early detection of prostate cancer and certain drug treatments for such cancer. Requires the Secretary of Health and Human Services to establish fee schedules for such services. Amends Federal law to cover such detection and treatment services for veterans as a preventive health service. Amends the Public Health Service Act to authorize appropriations for certain public health programs related to prostate cancer research and education. Directs the Administrator of the Agency for Health Care Policy and Research to: (1) conduct and support prostate cancer health services and screening and treatment procedures; and (2) provide for the development, periodic review, and updating of clinically relevant guidelines, standards of quality, performance measures, and medical review criteria.
United States · United States Congress · 6 April 1995
Veterans' Readjustment Counseling Service Amendments of 1995 - Includes a Readjustment Counseling Service (RCS) as part of the Veterans Health Administration of the Department of Veterans Affairs. Prohibits the Secretary of Veterans Affairs from altering or revising the organizational structure of RCS until the Secretary has notified specified congressional committees and 60 days have elapsed since such notification. Requires RCS budget information to be included annually in the President's budget submitted to the Congress. Outlines eligibility requirements for one of the Assistant Under Secretaries for Health in the Department, including at least three years of clinical experience and two years of administrative experience in RCS or other comparable mental health care counseling service. Makes such a qualified person the director of RCS. Increases from eight to nine the authorized number of Assistant Under Secretaries for Health. Directs the Secretary to furnish readjustment counseling to any veteran who: (1) served on active duty during the Vietnam era; or (2) served on active duty in a theater of combat during a period of war (currently, only after May 7, 1975) in any area in which hostilities occurred. Authorizes the Secretary to furnish such assistance to any other veteran upon request. Directs the Secretary to provide counseling to survivors and dependents of members of the armed forces killed while performing such duty. Allows the Secretary to provide such counseling to the survivors and dependents of other members killed during active duty or from a condition incurred in or aggravated by such service. Establishes in the Department the Advisory Committee on the Readjustment of Veterans to perform advisory services with respect to veterans' readjustment, taking into special account Vietnam era veterans. Requires specified reports from the Advisory Committee and the Secretary. Directs the Secretary to report to the congressional veterans' affairs committees: (1) a plan for the expansion of the Vietnam Veteran Resource Center program; and (2) on the feasibility and desirability of the collocation of Vet Centers and outpatient clinics of the Department as current leases for such centers and clinics expire. Directs the Secretary to carry out and report to the Congress on a pilot program for the provision of health-related services to eligible veterans at readjustment counseling centers.
United States · United States Congress · 6 April 1995
Contact Lens Prescription Release Act of 1995 - Directs the Federal Trade Commission to amend its trade regulation rule on ophthalmic practice under 16 C.F.R. 456 to require the prescriber of contact lenses, regardless of whether or not the patient requests the prescription, to offer to release a copy of it: (1) after the fitting process is completed; or (2) in the case of a prescription renewal, immediately if there is no change in its specifications.
United States · United States Congress · 6 April 1995
TABLE OF CONTENTS: Title I: Tax and Insurance Provisions Subtitle A: Tax Treatment of Health Care Expenses Subtitle B: Insurance Provisions Subtitle C: Employer Provisions Subtitle D: Federal Preemption Title II: Administrative Cost Savings Subtitle A: Standardization of Claims Processing Subtitle B: Electronic Medical Data Standards Subtitle C: Development and Distribution of Comparative Value Information Subtitle D: Preemption of State Quill Pen Laws Title III: Anti-Fraud Subtitle A: Criminal Prosecution of Health Care Fraud Subtitle B: Coordination of Health Care Anti-Fraud and Abuse Activities Title IV: Antitrust Provisions Consumer Choice Health Reform Act of 1995 - Title I: Tax and Insurance Provisions - Subtitle A: Tax Treatment of Health Care Expenses - Amends the Internal Revenue Code to allow a tax credit for health care expenses based upon percentages of qualified health insurance premiums and adjusted gross income. Provides for employers to make advance payments of such credit. (Sec. 102) Allows individuals a tax credit for a percentage of contributions made to a medical care savings account established for the benefit of an eligible individual. Exempts such accounts from taxation. Establishes an excise tax for excess contributions to medical care savings accounts and makes such accounts subject to the tax on prohibited transactions. (Sec. 103) Terminates the medical expense deduction, the deduction for health insurance costs of self-employed individuals, and the exclusion for employer-provided health insurance. Subtitle B: Insurance Provisions - Part I: Federally Qualified Health Insurance Plans - Sets forth requirements for federally qualified health insurance plans, including coverage for acute medical care, cost-sharing, premium rating practices, and guaranteed issuance and renewability. Part II: Certification of Federally Qualified Health Insurance Plans - Requires States to meet standards for regulatory programs for the certification of federally qualified health insurance plans. Subtitle C: Employer Provisions - Requires employers to: (1) withhold health insurance premiums from employee wages and remit such premiums to the employee's chosen insurer; and (2) notify each employee of their right to claim an advance refundable tax credit for such premiums. (Sec. 122) Provides for the conversion of existing insurance plans to required coverage under this Act. (Sec. 125) Establishes the Benefits Cash Out Commission to propose a procedure under which individuals may cash out Federal health benefits. Provides for congressional consideration of such proposal prior to its implementation. (Sec. 126) Imposes excise taxes on employers and health insurance carriers for noncompliance with this Act. Subtitle D: Federal Preemption - Preempts specified State laws concerning health insurance. Title II: Administrative Cost Savings - Subtitle A: Standardization of Claims Processing - Directs the Secretary of Health and Human Services to adopt (taking into account the recommendations of specified taskforces) standards relating to: (1) data elements for use in paper and electronic claims processing; (2) uniform claims forms; and (3) uniform electronic transmission of the data elements. Sets forth requirements for the application of such standards and their periodic review and revision. Subtitle B: Electronic Medical Data Standards - Directs the Secretary to promulgate electronic medical data standards meeting specified criteria for hospitals and other providers. Sets a deadline for each hospital with a Medicare participation agreement to meet such standards. (Sec. 213) Authorizes the heads of appropriate Federal agencies, as of January 1, 2000, to require health care providers to present and transmit data elements electronically according to such standards. (Sec. 215) Directs the Secretary to establish an advisory commission to monitor and advise about the standards established under this subtitle and operational concerns about their implementation. Authorizes appropriations. Subtitle C: Development and Distribution of Comparative Value Information - Requires States to develop and implement a health care value information program meeting certain criteria according to a specified schedule. Authorizes the Secretary to make grants to States to enable them to develop such programs. (Sec. 222) Directs the Secretary to take necessary action to implement a comparable information program in any State that fails to develop and implement one. (Sec. 223) Requires the head of each Federal agency responsible for provision of health insurance or of health care services to individuals to develop promptly health care comparative value information. Subtitle D: Preemption of State Quill Pen Laws - Preempts any State law that requires medical or health insurance records (including billing information) to be maintained in written rather than electronic form. Title III: Anti-Fraud - Subtitle A: Criminal Prosecution of Health Care Fraud - Amends the Federal criminal code to impose penalties upon a health care provider that knowingly engages in any scheme or artifice to defraud a person in connection with the provision of health care. (Sec. 302) Authorizes the Attorney General to pay a reward of up to $10,000 to a person who furnishes information unknown to the Government relating to a possible prosecution for health care fraud, with exceptions. Subtitle B: Coordination of Health Care Anti-Fraud and Abuse Activities - Amends the Social Security Act to provide for: (1) the application of Federal health anti-fraud and abuse sanctions to all fraud and abuse against any health insurance plan; and (2) treble damages for making or causing to be made false statements or representations involving Medicare or State health care programs, for illegal remuneration, and for false statements or representations with respect to the condition or operation of health care institutions. Directs the Secretary, in consultation with State and local health care officials, to: (1) identify opportunities for the satisfaction of community service obligations that a court may impose upon the conviction of a criminal offense involving Medicare or State health care programs; and (2) make information concerning such opportunities available to Federal and State law enforcement officers and State and local health care officials. Title IV: Antitrust Provisions - Exempts from the antitrust laws specified "safe harbor" activities related to the provision of health care services. Sets forth provisions regarding the award of attorney fees and costs of suit to the prevailing party in an action based on a claim involving activity found to be exempt. (Sec. 402) Lists as safe harbors specified: (1) activities relating to health care services of combinations of health care providers with market share below a specified threshold; (2) activities of medical self-regulatory entities relating to standard setting or enforcement activities not conducted for purposes of financial gain; (3) participation of a health care provider in a written survey of the prices of services, reimbursement levels, or the compensation and benefits of employees and personnel; (4) activities relating to health care joint ventures for high technology and costly equipment and services; (5) activities relating to hospital mergers; (6) joint purchasing arrangements; and (7) negotiations. (Sec. 403) Directs the Attorney General to publish a notice in the Federal Register soliciting proposals for additional safe harbors and to review and report to the Congress on proposed safe harbors. Sets forth criteria in establishing safe harbors, including: (1) the extent to which a competitive or collaborative activity will accomplish an increase in health care access and quality, the establishment of cost efficiencies, and increased ability of health care facilities to provide services in medically underserved areas or to underserved populations; and (2) whether designation as a safe harbor will result in specified desirable outcomes. (Sec. 404) Directs the Attorney General to issue certificates of review for providers of health care services and to assist persons in applying for such certificates. Sets forth provisions regarding applications for, revocation of, and review of determinations regarding such certificates. Limits the disclosure of information. (Sec. 405) Sets forth provisions regarding notifications providing for a reduction in certain penalties under the antitrust laws for health care cooperative ventures. (Sec. 406) Directs the Attorney General to: (1) review the safe harbors and certificates of review periodically; and (2) promulgate such rules, regulations, and guidelines as necessary to carry out provisions of this title.
United States · United States Congress · 6 April 1995
Direct Billing Act - Amends the Public Health Service Act to make it unlawful for any person to present a bill, claim, or demand for payment to any person other than the patient receiving services. Makes it unlawful for any physician to present a bill for ancillary health services to any recipient of such services unless the services were furnished personally by: (1) the referring physician; (2) a physician who is a member of the same group practice as the referring physician; or (3) individuals employed by such physician or group practice who are supervised by such physician or another physician in the group practice. Makes such prohibitions inapplicable with respect to ancillary health services for which payment may be made under title XVIII (Medicare) of the Social Security Act. Provides exceptions to such prohibitions, including demands for payments made to immediate family members, designated payors of the patient, or a health maintenance organization in which a recipient is enrolled. Provides sanctions against those collecting payment in violation of this Act. Allows the Secretary of Health and Human Services to suspend, revoke, or limit a laboratory certification as part of such sanctions. Defines "ancillary health services" as clinical laboratory services, diagnostic x-rays and other diagnostic imaging services and tests, durable medical equipment, and physical therapy services.
United States · United States Congress · 6 April 1995
TABLE OF CONTENTS: Title I: Tax Treatment of Long-Term Care Insurance and Services Title II: Federal Standards for Private Long-Term Care Insurance Contracts Title I: Tax Treatment of Long-Term Care Insurance and Services - Amends the Internal Revenue Code to provide for the treatment of qualified long-term care insurance or plans as accident and health insurance or plans. Revises the computation of reserves for purposes of determining insurance company income. Prohibits provision of long-term care insurance under cafeteria plans. Includes in an employee's gross income employer-provided coverage for long-term care services to the extent such coverage is provided by a flexible spending arrangement. Makes inapplicable, with respect to coverage under a long-term care insurance contract, the excise tax imposed on group health plans for failure to provide continuation coverage. Makes amounts paid to relatives for long-term care services (unless they are licensed professionals with respect to such services) ineligible for the income tax deduction for medical expenses. (Sec. 103) Includes amounts paid for qualified long-term care services as medical expenses deductible from gross income. (Sec. 104) Provides for nonrecognition of gain on the exchange of a life insurance contract or an endowment or annuity contract for a long-term care insurance contract. (Sec. 105) Excludes from gross income certain amounts withdrawn from individual retirement accounts and certain employer cash or deferred arrangements to pay long-term care premiums. (Sec. 106) Excludes from gross income long-term care benefits received by terminally ill individuals. Excludes such benefits received by chronically ill individuals above a certain amount. (Sec. 107) Requires returns to be made by persons who pay long-term care benefits and statements to be supplied to persons with respect to whom information is provided. Title II: Federal Standards for Private Long-Term Care Insurance Contracts - Amends the Social Security Act to add a new title XXI, establishing Federal standards for long-term care insurance contracts. Requires the Secretary of Health and Human Services to review and approve State programs that certify compliance with these standards. Requires the Secretary to promulgate regulations, in consultation with the National Association of Insurance Commissioners (NAIC) to standardize long-term care insurance contracts and facilitate the provision of consumer information regarding public and private long-term care coverage. Requires insurers to use in contracts uniform terminology, definitions, and formats and to furnish an outline of coverage for each contract that includes at a minimum: (1) a description of benefits and exclusions; (2) conditions for cancellation; (3) a premium statement; and (4) a cost-value comparison. Prohibits contracts from imposing certain conditions on benefits. Prohibits certain limits on benefits for home care, community-based, or nursing facility services. Requires a contract to provide for treatment of mental impairments (including Alzheimer's disease) and HIV infection or AIDS that is not different from the treatment of any other medical condition for purposes of determining thresholds or amounts of benefits. Requires the Secretary, in consultation with NAIC, to promulgate regulations regarding: (1) inflation adjustments of benefits; (2) nonforfeiture benefits; and (3) procedures for renewal, replacement, conversion, and cancellation of contracts.
United States · United States Congress · 6 April 1995
Medicare Mental Health Improvement Act - Amends title XVIII (Medicare) of the Social Security Act to: (1) include under Medicare coverage inpatient hospital services for up to 60 days during a year when furnished primarily for the diagnosis or treatment of mental illness or substance abuse; (2) require patient payment for services rendered beyond such limit; and (3) make such changes effective on January 1, 1996 (with exceptions and transition provisions). (Sec. 3) Includes under Medicare coverage the following "intensive residential services" for up to 120 days in a year: (1) residential detoxification centers; (2) crisis or mental illness residential treatment programs; (3) therapeutic family or group treatment homes; and (4) residential centers for substance abuse treatment. Requires facilities providing such services to be authorized to do so and to meet quality standards imposed by the Secretary of Health and Human Services. Allows additional days to be taken for intensive residential services from the 60 days permitted for inpatient hospital services (with an actuarial cost limit), requiring at least 15 days to be retained yearly for the latter services. Provides for the determination of payment amounts for intensive residential services. (Sec. 4) Subjects inpatient hospitalization and intensive residential services to the same deductibles and copayment as inpatient hospital services for physical disorders. (Sec. 5) Makes mental health case management services available with no copayment and for an unlimited duration for an adult with serious mental illness, a child with a serious emotional disturbance, or an adult or child with a serious substance abuse disorder. Makes day treatment available for up to 180 days annually for children under 19. Allows additional days for day treatment services for such children to be taken from intensive residential services (with an actuarial cost limit). Authorizes coverage for up to 90 days annually, with a 20 percent copayment requirement, for: (1) partial hospitalization; (2) psychiatric rehabilitation; (3) day treatment for substance abuse and for children under age 19; (4) in-home services; (5) case management; and (6) ambulatory detoxification. Permits non-physician mental health or substance abuse professionals to supervise an individual plan of treatment to the extent permitted under State law. Requires any program furnishing mental health or substance abuse services to be legally authorized under State law or accredited by an organization approved by the Secretary in consultation with the State. Requires such programs to meet standards established by the Secretary for the management of such services.
United States · United States Congress · 6 April 1995
Morris K. Udall Parkinson's Research, Assistance, and Education Act of 1995 - Amends the Public Health Service Act to mandate a program for the conduct and support of research and training, the dissemination of health information, and other programs regarding Parkinson's disease. Establishes the Interagency Coordinating Committee on Parkinson's Disease. Requires Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's, designating each grant recipient as a Morris K. Udall Center for Research on Parkinson's Disease. Authorizes establishment of the National Parkinson's Disease Data System to collect, store, analyze, retrieve, and disseminate data. Establishes: (1) the National Parkinson's Disease Information Clearinghouse; (2) a grant program to support scientists who have distinguished themselves in Parkinson's research; and (3) a national education program to foster a national focus on Parkinson's and the care of those with Parkinson's. Authorizes appropriations.
United States · United States Congress · 4 April 1995
Youth Development Community Block Grant Act of 1995 - Establishes a youth development block grant program. (Sec. 5) Authorizes appropriations. Sets forth formulas for allocation of funds to States and for distribution of funds through States to local boards for community-based youth development services. (Sec. 6) Requires establishment of county or multicounty Community Youth Development Boards to receive such assistance and make grants for youth development programs. (Sec. 7) Requires, as a condition for any entity within a State to receive such assistance, establishment or designation of a State entity to receive youth development input, review community youth development plans, monitor operations of community boards, provide technical assistance in developing and implementing community plans, and provide annual reports and audits. (Sec. 8) Directs the Assistant Secretary for Children and Families of the Department of Health and Human Services to: (1) establish a mechanism to receive youth development advice and input; (2) develop and issue national policy goals and a national strategic plan for youth development; (3) establish a system for monitoring and evaluating the effectiveness of activities funded under this Act; (4) coordinate programs funded under this Act with other Federal programs serving youth and families; and (5) establish a system for providing training and technical assistance to States and local communities to increase their capacity to provide quality youth development services. Authorizes the Assistant Secretary to provide financial assistance to appropriate entities to carry out time-limited, research-based youth development demonstration programs designed to improve the knowledge base of the youth development and youth prevention fields. (Sec. 9) Repeals specified provisions under: (1) certain Federal law relating to the Local Partnership Act; (2) the Violent Crime Control and Law Enforcement Act of 1994 relating to crime prevention programs and to urban recreation and at-risk youth; (3) the Elementary and Secondary Education Act of 1965 (ESEA) relating to school dropout demonstration assistance and to drug free schools and communities; (4)the Job Training Partnership Act relating to summer youth employment and training programs; (5) the Public Health Service Act relating to grants for the prevention of alcohol and drug abuse among high-risk youth, and to community coalition demonstration projects to support health and human service needs for minority males; (6) the Juvenile Justice and Delinquency Prevention Act of 1974 relating to gang-free schools and communities, to mentoring, and to local delinquency programs; (7) the Human Services Reauthorization Act of 1986 relating to demonstration partnership agreements; (8) the Community Services Block Grant Act relating to the National Youth Sports Program; and (9) the Anti-Drug Abuse Act of 1988 relating to drug abuse prevention relating to youth gangs and runaway and homeless youth. (Sec. 10) Sets forth conforming amendments to: (1) ESEA relating to school dropout demonstrations; (2) ESEA and the Anti-Drug Abuse Act of 1988 relating to drug-free schools and communities; (3) the Job Training Partnership Act; and (4) the National School Lunch Act relating to the National Youth Sports Program. (Sec. 11) Provides for transfer of a limited amount of funds from such repealed programs to the program under this Act.
United States · United States Congress · 4 April 1995
TABLE OF CONTENTS: Title I: Punitive Damages Reform Title II: Joint and Several Liability Reform Title III: Civil Procedural Reform Title IV: Health Care Liability Reform Title V: Control of Abusive Prisoner Litigation Practices Title VI: Miscellaneous Provisions Civil Justice Fairness Act of 1995 - Title I: Punitive Damages Reform - Prohibits punitive damages in a civil action in any State or Federal court in which such damages are sought based on the same act or course of conduct for which punitive damages have already been sought or awarded against the defendant, with exceptions where the court determines that the claimant will offer new and substantial evidence of previously undiscovered, additional wrongful behavior on the part of the defendant, subject to specified limitations. (Sec. 103) Permits punitive damages, to the extent permitted by applicable Federal or State law, in any civil action in a Federal or State court against a defendant if the claimant establishes by clear and convincing evidence that the harm suffered was the result of conduct that is either specifically intended to cause harm or carried out with conscious, flagrant disregard for the rights or safety of other persons. Prohibits punitive damages in the absence of an award of compensatory damages exceeding nominal damages. Sets forth provisions regarding: (1) limits on punitive damage awards involving certain drugs and medical devices; (2) pleading of punitive damages; (3) bifurcation of trial at the defendant's request; and (4) limits on awards. Title II: Joint and Several Liability Reform - Provides that in any civil action for personal injury, wrongful death, or based upon principles of comparative fault, the liability of each defendant for noneconomic damages shall be several only and not joint. Makes each defendant liable only for the amount of noneconomic damages allocated to such defendant in direct proportion to such defendant's percentage of responsibility. Directs that a separate judgment be rendered against such defendant for that amount. Requires the trier of fact to determine the proportion of responsibility of each person for the claimant's harm whether or not such person is a party to the action. Specifies that this title shall not preempt or supersede any Federal or State law to the extent that such law would further limit the application of joint liability to any kind of damages. Title III: Civil Procedural Reform - Revises rule 11 of the Federal Rules of Civil Procedure (FRCP) to require (current law authorizes) the court to impose sanctions upon attorneys, law firms, or parties that have violated provisions regarding abusive litigation practices. Requires sanctions imposed for violation of that rule to be sufficient to compensate the parties that were injured by the conduct. Specifies that nothing in that rule limits the inherent power of the Federal courts to sanction misconduct of attorneys or parties appearing before such courts. (Sec. 302) Expresses the sense of the Congress that each State should require each attorney admitted to practice in such State to disclose in writing, to any client with whom such attorney has entered into a contingency fee agreement, the actual services performed, the precise number of hours expended, and whether a referral fee was paid. Directs the Attorney General to: (1) study and evaluate contingent fee awards and their abuses; (2) develop model State legislation; and (3) prepare and disseminate to State authorities the findings made and model legislation developed. (Sec. 303) Amends: (1) rule 702 of the Federal Rules of Evidence regarding expert testimony; and (2) rule 68 of the FRCP regarding offers of judgment or settlement. Title IV: Health Care Liability Reform - Provides that in any health care liability action, in addition to actual damages, punitive damages, or both, a claimant may be awarded noneconomic damages in an amount not to exceed $250,000, regardless of the number of parties against whom the action is brought or the number of claims or actions brought with respect to the health care injury. Prohibits an award for future noneconomic damages in such an action from being discounted to present value. Sets forth provisions regarding reductions in jury awards and applicability of this title. (Sec. 402) Establishes a two-year statute of limitations for the initiation of a health care liability action, with an exception for minors. (Sec. 403) Sets forth provisions regarding the periodic payment of future damages. (Sec. 404) Directs the Secretary of Health and Human Services to award grants to one or more States to establish demonstration projects under which the State establishes a no-fault medical liability system, subject to specified requirements. Authorizes appropriations. Title V: Control of Abusive Prisoner Litigation Practices - Amends the Federal judicial code to allow a Federal court to authorize the commencement, prosecution, or defense of any proceeding with payment of a partial fee or of the total fees and costs in installment payments. Requires: (1) a prisoner who files an affidavit of inability to pay to include in the affidavit a statement of all assets the prisoner possesses; (2) the court to make inquiry of the correctional institution in which the prisoner is incarcerated regarding the prisoner's assets and to require full or partial payment of filing fees according to the prisoner's ability to pay; and (3) the court to dismiss the case if the allegation of poverty is untrue, if satisfied that the action is frivolous or malicious (current law) or fails to state a claim on which relief can be granted, or if the claim is insubstantial in that the plaintiff suffered no injury or an insubstantial injury, even if partial filing fees have been imposed by the court. (Sec. 503) Amends the Civil Rights of Institutionalized Persons Act to prohibit any civil action for deprivation of rights from being brought by an adult convicted of a crime confined in any correctional facility until available plain, speedy, and effective administrative remedies are exhausted. Repeals a provision requiring that the minimum standards provide for an advisory role for employees and inmates in the formulation, implementation, and operation of the system. Requires the Attorney General to develop a procedure for the prompt review and certification of systems for the resolution of grievances of adults confined in any correctional or pretrial detention facility if such systems are in substantial compliance with the minimum standards (current law) or are otherwise fair and effective. Title VI: Miscellaneous Provisions - Specifies that this Act shall not provide a basis for Federal court jurisdiction under specified provisions.
United States · United States Congress · 4 April 1995
Veterans Health Care Reform Act of 1995 - Directs the Secretary of Veterans Affairs to conduct within the Department of Veterans Affairs a program of reformed health care to: (1) expand the Department's capacity to provide outpatient care to eligible veterans; and (2) allocate resources to enable Department facilities to provide access to health care which is reasonably similar, regardless of the State of residence, to: (a) veterans with a compensable service-connected disability; (b) veterans discharged or released from active duty due to a disability incurred in the line of duty; (c) certain veterans in receipt of veterans' disability compensation; (d) former prisoners of war; (e) veterans of the Mexican border period or World War I; or (f) veterans unable to defray the expenses of necessary care. Directs the Secretary, through September 30, 1999, to manage Department health care facilities so as to provide to such veterans and all other veterans (subject to certain limitations) necessary hospital care and outpatient medical treatment, including preventive health care and prosthetic appliances. Allows home care services to be included. Directs the Secretary to ensure that the Department maintains its capacity to provide for the specialized treatment and rehabilitative needs of disabled veterans. Directs the Secretary to report to specified congressional committees on the Department's experience in establishing and administering the program. Terminates the program at the end of FY 1999. Adds to the authorized uses of health care reimbursement funds recovered by the Department from third party payers the expenses of establishing new outpatient care clinics or altering or remodeling current facilities to provide additional space for such care. Establishes within the Department of Veterans Affairs Medical-Care Cost Recovery Fund a reserve for such purposes. Directs the Secretary to report to specified congressional committees on medical care cost recovery.
United States · United States Congress · 4 April 1995
Clinical Laboratory Improvement Act Amendments of 1995 - Exempts a physician clinical office laboratory from Public Health Service Act certification requirements, except when such laboratory performs a Pap Smear (Papanicolaous Smear) analysis.
United States · United States Congress · 4 April 1995
Amends the Omnibus Budget Reconciliation Act of 1990 to permit Medicare select policies to be offered in all States, at State option, for an extended period of eight-and-a-half (instead of only three-and-a-half) years beginning with 1992. Directs the Secretary of Health and Human Services to: (1) conduct a study that compares the health care costs, quality of care, and access to services under Medicare select policies with those under other Medicare supplemental policies; and (2) determine during 1999 whether the amendments made by this Act shall remain in effect beyond such extended period. Declares that such amendments shall remain in effect beyond the extended period unless the Secretary determines, based on the study, that as a result of such amendments: (1) there have been no savings in premium costs to select enrollees as compared to their enrollment in Medicare supplemental policies with comparable coverage which are not Medicare select policies; (2) there have been significant additional expenditures under the Medicare program; or (3) access to and quality of care have been significantly diminished.
United States · United States Congress · 4 April 1995
Expresses the sense of the Congress that any legislation enacted to reform the health care delivery system of the United States should: (1) ensure that the unique needs of rural residents are addressed and solved, that people who live in rural areas receive the same quality health care as others, and that rural health care services are coordinated effectively with existing systems and programs of medical, income, residential, and social support at the Federal, State, and local levels; (2) increase funding for programs that train health care professionals for rural practice and provide incentives for them to practice in rural areas, increase coordination among transportation programs, and increase funding to rural transit programs and to emergency medical services; and (3) encourage telecommunications consortia and other measures to ensure rural access to emerging medical technologies.
United States · United States Congress · 30 March 1995
TABLE OF CONTENTS: Title I: Transition to Competition Title II: Removal of Restrictions to Competition Subtitle A: Removal of Restrictions Subtitle B: Termination of Modification of Final Judgement Title III: An End to Regulation Title IV: Obscene, Harassing, and Wrongful Utilization of Telecommunications Facilities Telecommunications Competition and Deregulation Act of 1995 - Title I: Transition to Competition - Amends the Communications Act of 1934 (the Act) to require a local telephone exchange carrier (or class of such carriers) that is determined by the Federal Communications Commission (FCC) to have market power in providing telephone exchange service or telephone exchange access service to: (1) enter into good faith negotiations within 15 days with any telecommunications carrier requesting interconnection with the telephone exchange carrier in order to provide telephone exchange or exchange access service; and (2) provide such interconnection at reasonable, nondiscriminatory rates and in accordance with requirements of this title. Provides minimum standards for any interconnection agreement entered into, including nondiscriminatory access and high-quality interconnection between the carriers. Allows a local exchange carrier, upon receiving a request for interconnection, to negotiate and enter into a binding agreement with the telecommunications carrier without regard to such standards, as long as such agreement: (1) includes a schedule of itemized charges for each service, facility, or function included; and (2) is submitted to the State for approval. Provides for agreement: (1) arbitration by a State at any time during negotiations; and (2) intervention by a State when more than 135 days have passed since the original intervention request. Outlines duties and rights of parties in an intervention proceeding, including the duty to provide all appropriate information and the opportunity to respond. Requires the State proceeding to be conducted in accordance with rules promulgated by the FCC. Requires the State action to be completed no later than 10 months after the date on which the local exchange carrier received the original interconnection request. Outlines provisions concerning: (1) the determination during arbitration or intervention of the charges by the local exchange carrier for an unbundled (no unreasonable conditions on resale or sharing) element of the interconnection; (2) State approval or rejection of an interconnection agreement; (3) the required availability of an interconnection agreement to other telecommunications carriers on the same terms and conditions; (4) the collocation of equipment necessary for interconnection at the premises of the carrier at reasonable charges; (5) FCC promulgation of implementing regulations; (6) FCC authority to act if a State fails to carry out its arbitration or intervention responsibilities; (7) waiver or modification by the FCC or a State of minimum interconnection standards with respect to a rural telephone company; and (8) a State's authority to impose requirements on a telecommunications carrier for intrastate services to further competition in telephone exchange service or exchange access service. (Sec. 102) Prohibits a Bell operating company (BOC)(including any subsidiary and affiliate) which provides telephone exchange service from providing information services, manufacturing services, or interLATA (local access and transport area) services (with exceptions), unless it provides that service through a subsidiary that: (1) is separate from any BOC entity that provides telephone exchange service; and (2) meets specified structural and transactional requirements, such as books, records, officers, directors and employees separate from the BOC. Prohibits any discrimination between a BOC, its subsidiary or affiliate, and any other entity in the provision of goods, services, facilities, and information or in the establishment of standards. Prohibits a BOC subsidiary from marketing or selling telephone exchange services provided by the BOC unless that company permits other entities offering the same or similar services to market and sell its telephone exchange services. Outlines additional requirements for the provision of interLATA services by a BOC. Requires each BOC and its subsidiary or affiliate to protect the confidentiality of proprietary information relating to other common carriers, equipment manufacturers, and customers, with certain exceptions such as bill collection. Authorizes the FCC to grant an exception from any requirement of this section when determined necessary for the public interest, convenience, and necessity. Requires public utility companies which are registered holding companies that provide telecommunications services to provide such service through a separate subsidiary. Directs each State to determine whether public utility companies in their State which provide such service but are not registered holding companies will be required to provide such service through a separate subsidiary. (Sec. 103) Directs the FCC to institute and refer to a Federal- State joint board a proceeding to recommend rules regarding the implementation of provisions with regard to universal service (intra- and inter-state telecommunications services that the FCC determines should be provided at reasonable rates to all Americans, including those in rural and high-cost areas and those with disabilities). Requires the periodic (at least every four years) review of such implementation. Provides Joint Board and FCC deadlines with regard to the provision and implementation of appropriate recommendations. Requires the Joint Board and the FCC to base policies for the preservation and enhancement of universal service on specified principles, including quality services, affordable rates, and access in all regions of the country. Requires all telecommunications providers to contribute in the advancement of universal service. Prohibits telecommunications carriers from subsidizing competitive services with revenues from services that are not competitive. (Sec. 104) Directs the FCC (in the case of interstate service) or a State (in the case of intrastate service), when more than one telecommunications carrier serves a geographic area, to determine which carrier is best able to provide universal service to the community and to designate that carrier as an essential telecommunications carrier (ETC) for that community. Sets forth ETC obligations in the provision of such service. Allows multiple ETC designations for an area. Directs the FCC or a State, as appropriate, to establish rules for the resale of universal service, requiring the carrier whose facilities are being resold to be adequately compensated for their use. Allows, under specified rules, an ETC to relinquish such designation if another ETC is designated for the same area. Provides for: (1) enforcement proceedings against an ETC refusing to provide appropriate universal service; and (2) the designation of an ETC for interexchange services for any unserved community or portion thereof requesting such services. (Sec. 105) Makes provisions of the Act prohibiting foreign investment and ownership in telecommunications licenses, facilities, and equipment inapplicable to foreign representatives when the FCC determines that the foreign country of such representative provides equivalent market opportunities for common carriers to the United States or its citizens. Repeals such exemption when such equal opportunity ceases. (Sec. 106) Directs the FCC to prescribe regulations that require certain local telephone exchange carriers to make available to any qualifying carrier (an ETC) such public switched network infrastructure, technology, information, and telecommunications facilities and functions as may be requested for the provision of telecommunications services, or access to such services, in the service area of an ETC. Requires a local exchange carrier entering into an agreement under this section to provide to each party of the agreement timely information on the planned deployment of telecommunications services and equipment, including necessary software. Title II: Removal of Restrictions to Competition - Subtitle A: Removal of Restrictions - Amends the Act to prohibit any State or local statute or regulation from prohibiting the ability of any entity to provide any interstate or intrastate telecommunications services. Authorizes the FCC to immediately preempt the enforcement of any statute that is found to so interfere. Protects the rights of any cable operator engaged in the provision of telecommunications services, prohibiting any franchise or additional conditions from being imposed on such operator for such services. (Sec. 202) Authorizes a State, under certain conditions, to require a direct-to-home satellite service provider who is subject to the personal jurisdiction of the State to collect and remit a State and local sales tax with respect to the provision of such services. Provides nondiscrimination provisions. Exempts the direct-to-home satellite service from other local taxes or fees for such services. (Sec. 203) Provides that any telecommunications carrier, including a BOC, which carries or provides video programming provided by others through a common carrier video platform shall not be considered a cable operator providing cable service and therefore shall not be subject to certain cross-ownership restrictions under the Act. Requires BOCs, in order to receive such exemption, to: (1) provide facilities, services, or information to all programmers on the same terms and conditions as provided to its own video programming operations; and (2) not subsidize its video programming with revenues from its telecommunications services. Outlines provisions concerning rates, access, and certain procedural safeguards (through FCC regulations) and enforcement provisions with respect to the provision of video programming through a common carrier video platform. (Sec. 204) Authorizes the FCC to consider a rate for cable programming services as unreasonable only if it substantially exceeds the national average rate for comparable services. Includes as "effective competition" under the Act a situation where a local exchange carrier offers video programming services directly to subscribers, either over a common carrier video platform or as a cable operator, in the franchise area of an unaffiliated cable operator which is also providing cable service in that franchise area. (Sec. 205) Authorizes a cable television system to use utility pole attachments to provide cable service or any other telecommunications service. Requires a utility owning a pole to provide a cable television system with nondiscriminatory access to such pole for such purposes. Directs the FCC to prescribe regulations to ensure that such utilities charge just, reasonable, and nondiscriminatory rates for such pole attachments. (Sec. 206) Authorizes any utility and its subsidiary or affiliate (other than a public utility holding company that is an associate company of a registered holding company) to engage in any activity necessary or appropriate for the provision of telecommunications services, information services, or other services or products subject to FCC jurisdiction under the Act. Prohibits the Securities and Exchange Commission from regulating such activities. Allows the Federal Energy Regulatory Commission or a State commission to exercise its authority to prohibit the cross-subsidization of such activities. Requires the maintenance of separate books and accounts with regard to such activities by any subsidiary or affiliate that is an associated company of a registered holding company. Allows for independent audits, upon State request, of such subsidiaries or affiliates with respect to such activities. (Sec. 207) Authorizes the FCC, under certain conditions, to allow licensees to make use of the advanced television spectrum for the transmission of ancillary or supplementary services. Authorizes the FCC to collect fees for the use of such spectrum from licensees that charge subscribers for advanced television spectrum services. Requires such licensee to establish that such services are in the public interest. Increases from 25 to 35 percent the amount of national audience a single broadcast licensee may reach. Increases the term of license renewal for television licenses from five to ten years and for radio licenses from seven to ten years. Revises the broadcast license renewal procedures to allow such renewal if the FCC finds that: (1) the station has served the public interest, convenience, and necessity; (2) there have been no serious violations by the licensee of the Act or FCC rules and regulations; and (3) there have been no other violations which, taken together, would constitute a pattern of abuse. Subtitle B: Termination of Modification of Final Judgment - Establishes the criteria to be used by the FCC to determine when a BOC may provide interLATA services in the region in which it is the dominant provider of wireless telephone exchange service or exchange access service. Allows such BOC to provide such services only if it has reached an interconnection agreement which meets the requirements of a competitive checklist, including nondiscriminatory access to specified services. States that, until a BOC is authorized to provide interLATA services in a telephone exchange area, a telecommunications carrier may not jointly market telephone exchange or exchange access service purchased from such a BOC with interexchange services offered by that telecommunications carrier. Prohibits the FCC from limiting or extending the requirements of the competitive checklist. Outlines provisions concerning: (1) a BOC application for the provision of interLATA services in an appropriate area; (2) FCC determination and approval of such application and publication of results in the Federal Register; and (3) judicial review and judgment with respect to an approval. Requires a BOC granted such approval to provide interLATA toll dialing parity throughout the market area coincident with its exercise of authority. Authorizes a BOC or its subsidiary or affiliate to provide interLATA services in an area where it is not the dominant provider of telephone exchange or exchange access services upon the date of enactment of this Act. Authorizes such BOC to provide certain incidental services, with limitations. Provides that a person engaged in the provision of commercial mobile services shall not be required to provide equal access to interexchange telecommunications carriers unless required to do so under the Act. (Sec. 222) Provides that a BOC authorized to provide interLATA services under this Act shall be authorized by the FCC to: (1) manufacture and provide telecommunications equipment; and (2) manufacture customer premises equipment, subject to specified requirements and related regulations. Requires such manufacturing to be carried out through a separate subsidiary or affiliate of such BOC, with appropriate requirements of separation (books, accounts, officers, and employees) maintained. Requires a manufacturing subsidiary of a BOC to make available to local exchange carriers telecommunications equipment and related software that is manufactured by such subsidiary as long as there is demand for such equipment. Prohibits a BOC from discriminating among such local exchange carriers with respect to bids for services or equipment, the standards or certification of equipment, or the sale of telecommunications equipment and software. Requires the protection of proprietary information. Allows a BOC to engage in close collaboration with manufacturers of customer premises or telecommunications equipment not affiliated with a BOC during the design and development of equipment hardware and software. Provides for the administration and enforcement of such requirements through FCC regulations and appropriate civil actions. (Sec. 223) States that nothing in this Act is intended to prohibit a BOC from engaging in any activity authorized by an order pursuant to the Modification of Final Judgment, if such order was entered on or before the date of enactment of this Act. (Sec. 224) Provides specific penalties for violations of provisions of this Act relating to interconnection authority, separate subsidiary and safeguard requirements, and the authority of a BOC to provide interLATA telecommunications services. (Sec. 225) Authorizes a BOC to provide alarm monitoring services three years after the date of enactment of this Act if the BOC has been authorized by the FCC to provide interLATA services. Requires the FCC to establish rules governing the provision of such services by a BOC. Provides an exception to the three-year waiting requirement in the case of alarm monitoring services provided by a BOC that was engaged in the provision of such services as of December 31, 1994, as long as certain conditions are met. Title III: An End to Regulation - Directs the FCC and the States to: (1) provide telecommunications carriers with pricing flexibility in the rates charged to consumers for telecommunications services; (2) ensure that residential telephone rates remain just, reasonable, and affordable as competition develops for telephone exchange service and telephone exchange access service; and (3) adopt alternative forms of regulation for Tier 1 telecommunications carriers as part of a plan that includes the advancement of competition and other measures designed to protect the consumer. Authorizes the FCC and the States to establish: (1) rates for services included within universal service; and (2) a residential telephone rate where only a single carrier provides such service in a market, but to cease such rate regulation when determined no longer necessary for the protection of consumers. Provides for a transition plan. Requires local telephone exchange carriers to provide subscriber list information to anyone, upon request, on a timely, unbundled, and nondiscriminatory basis. (Sec. 302) Directs the FCC (with respect to Federal regulations) and a Federal-State Joint Board (with respect to State regulations) to biennially review and make appropriate determinations with respect to all regulations applicable to telecommunications services. (Sec. 303) Authorizes the FCC, upon making certain determinations, to forbear from applying any regulation or provision of the Act to a telecommunications carrier or service in any or some of their geographic markets. Requires the FCC, within those determinations, to consider whether such forbearance will promote competitive market conditions. (Sec. 304) Requires the FCC and each State telecommunications commission to encourage the deployment of advanced telecommunications capability to all Americans. Requires the FCC to regularly initiate a notice of inquiry concerning such availability. (Sec. 305) Directs the FCC to undertake the termination or modification of regulations and provisions of the Act as necessary to implement the changes made under this Act. (Sec. 306) Provides that any ship documented under U.S. laws operating under the Global Maritime Distress and Safety System provisions of the Safety of Life at Sea Convention shall not be required to be equipped with a radio telegraphy station operated by one or more radio officers or operators. (Sec. 307) Requires local exchange carriers to make available: (1) interim telecommunications number portability beginning on the date of enactment of this Act; and (2) final number portability when the FCC determines such to be technically feasible. Requires the neutral administration of a nationwide numbering system, with costs to be borne by all telecommunications carriers. (Sec. 308) Requires the manufacturer of telecommunications and customer premises equipment or a provider of telecommunications service to ensure that the equipment is designed, developed, and fabricated to be accessible to and usable by individuals with disabilities, if readily achievable. Sets forth standards. Requires closed captioning when readily achievable. Provides exemptions from such requirements. Provides for: (1) studies; (2) regulations; and (3) enforcement. (Sec. 309) Prohibits a State, except for the adoption of specified minimally restrictive statutes or regulations, from waiving or modifying the requirements of this Act concerning interconnection agreements. Authorizes the FCC to preempt any State statute or regulation found to be inconsistent with FCC regulations or unreasonably discriminatory in their application. (Sec. 310) Requires designated ETCs, upon request, to provide at affordable and reasonable rates: (1) telecommunications services necessary for the provision of health care services to persons residing in rural areas; and (2) universal service to elementary and secondary schools and libraries for the provision or receipt of educational services. Directs the FCC to establish rules for the enhancement of the availability of advanced telecommunications and information services to elementary and secondary school classrooms, health care providers, and libraries. Requires appropriate interconnection. (Sec. 311) Prohibits any BOC that provides payphone or telemessaging service from: (1) subsidizing such services with revenues from its telephone exchange or exchange access service; or (2) preferring or discriminating in favor of its payphone or telemessaging service. Requires implementing regulations. Title IV: Obscene, Harassing, and Wrongful Utilization of Telecommunications Facilities - Communications Decency Act of 1995 - Amends the Act to prohibit the use of any telecommunications device (currently, only the telephone) by a person not disclosing his or her identity in order to annoy, abuse, threaten, or harass any person. Prohibits the repeated use of a telecommunications device solely for harassment purposes. Prohibits a person from allowing the use of any telecommunications facility (currently, telephone facility) in his or her control for such purposes. Prohibits the use of a telecommunication device (currently, telephone) for making indecent communications for commercial purposes to children under age 18. Increases the fine and maximum sentence for such violations. Provides defenses to such violations, including one for persons whose actions are limited solely to the provision of access to certain communications. (Sec. 403) Increases from $10,000 to $100,000 the maximum fine for: (1) transmission over a cable system of obscene or otherwise unprotected material; and (2) broadcasting obscene language on the radio. (Sec. 405) Includes digital communications among those communications protected by the Act from unauthorized interception and disclosure. (Sec. 406) Prohibits a party calling a toll-free telephone number from being assessed a charge by virtue of being asked to connect or otherwise transfer to a pay-per-call service. (Sec. 407) Requires cable television operators, upon subscriber request and at no charge, to fully scramble or otherwise block the audio and video portions of programs unsuitable for children. (Sec. 408) Authorizes a cable operator to refuse to transmit any public access or leased access program or portion thereof which contains obscenity, indecency, or nudity.
United States · United States Congress · 29 March 1995
Minor Use Crop Protection Act of 1995 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (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, the alternatives pose 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 the alternatives pose 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 12 months of submission) of applications to support minor use pesticide registrations. Sets forth conditions for extensions of registrations for unsupported minor uses. Directs the Administrator to assure coordination of minor use issues through the establishment of a minor use program. Establishes and authorizes funding for a Department of Agriculture minor use matching fund program. Requires the program to be utilized to ensure the continued availability of minor use crop protection chemicals. Authorizes appropriations.
United States · United States Congress · 28 March 1995
Ryan White CARE Reauthorization Act of 1995 - Amends title XXVI (HIV Health Care Services Program) of the Public Health Service Act regarding emergency relief for areas with a substantial need for services. Changes requirements for grants to metropolitan areas having large numbers of cases of acquired immune deficiency syndrome (AIDS). Modifies the composition, chairperson requirements, and duties of local human immunodeficiency virus (HIV) health services planning councils. Revises requirements for supplemental grants. Alters the method for determining the amount of each grant, the mandated uses of the grants, and application requirements. Allows a single application for initial and supplemental grants and authorizes both to be made as a single grant. Mandates (currently, allows) technical assistance. Authorizes planning grants. Amends provisions relating to the care grant program to change the uses of HIV care consortia grants and consortium application requirements. Mandates establishment of a recommended minimum formulary of pharmaceutical drug therapies approved by the Food and Drug Administration. Revises: (1) State duties in using grant funds to provide treatments; (2) State application requirements; and (3) planning, evaluation, and administration requirements. Mandates (currently, allows) technical assistance. Mandates grievance procedures to address allegations of egregious violations of title XXVI. Requires coordination of the planning and implementation of Federal HIV programs by the Health Resources and Services Administration, the Centers for Disease Control and Prevention, and the Substance Abuse and Mental Health Services Administration. Amends early intervention services provisions to: (1) require grant recipients to provide a continuum of primary care; and (2) modify other requirements regarding uses of grant funds. Authorizes planning grants to entities that are not direct primary care providers to enable them to provide HIV primary care services. Authorizes appropriations for early intervention grants. Replaces provisions mandating demonstration grants for research and services for pediatric AIDS patients with provisions mandating grants for primary care for out-patient care and support services to children, youth, women with HIV disease, and the families of those individuals and for facilitating the participation of such individuals in research. Requires procedures for the protection of human subjects. Prohibits conditioning services on research participation. Authorizes appropriations. Reserves a specified portion of the amounts appropriated under other parts of title XXVI to administer a special projects of national significance program to award direct grants for special programs for the care and treatment of individuals with HIV disease. Repeals current provisions relating to special projects of national significance. Replaces provisions of the Public Health Service Act authorizing grants and contracts to train the faculty of specified types of health professions schools regarding providing for the health care needs of individuals with HIV disease with provisions authorizing grants and contracts to train health personnel, including community providers, in the diagnosis, treatment, and prevention of HIV infection and disease. Authorizes appropriations. (Sec. 4) Amends title XXVI provisions relating to emergency relief for areas with a substantial need for services to modify the formula for determining the amount of grants. (Sec. 5) Amends provisions relating to the care grant program to change the formula regarding minimum grant allotments. (Sec. 6) Authorizes appropriations to make grants under title XXVI provisions relating to: (1) emergency relief for areas with a substantial need for services; and (2) the care grant program. Mandates development and implementation of a methodology for adjusting the percentages allocated to those parts. Repeals existing authorizations of appropriations for those parts.
United States · United States Congress · 28 March 1995
State Medicaid Savings Incentive Act of 1995 - Amends title XIX (Medicaid) of the Social Security Act to authorize incentive payments to States that achieve a rate of growth for Medicaid expenditures for a fiscal year which is less than a baseline rate for such year determined by the Secretary of Health and Human Services. Makes an incentive payment equal to the amount that is 20 percent of the difference between the amount that the Federal Government would have paid if State expenditures had increased by the baseline rate and the amount paid using the actual growth rate.
United States · United States Congress · 28 March 1995
Amends title XIX (Medicaid) of the Social Security Act to provide for Medicaid coverage of services furnished by certified nurse practitioners and clinical nurse specialists which are authorized under State law to be performed by such a nurse, regardless of whether or not such services are performed under the supervision of a physician or other health care provider. Defines "clinical nurse specialist" as an individual who: (1) is a registered nurse licensed to practice nursing in the State in which the individual furnishes services; and (2) has a master's degree in a clinical area of nursing from an accredited institution.
United States · United States Congress · 28 March 1995
Disadvantaged Minority Health Improvement Authorization Extension Act of 1995 - Amends the Public Health Service Act to authorize appropriations for: (1) the Office of Minority Health in the Office of the Assistant Secretary for Health; (2) health statistical and epidemiological activities of the National Center for Health Statistics; (3) grants for surveys or studies, data analysis, and research regarding ethnic and racial populations; (4) grants to States for demonstration programs to increase the availability of primary health care in health professional shortage areas; (5) grants to provide public housing residents with primary health services and health counseling and education services; (6) Federal capital contributions to student loan funds for individuals from disadvantaged backgrounds; (7) grants to schools of medicine, osteopathic medicine, and dentistry for scholarships for students of exceptional financial need; (8) grants to health professions schools for scholarships; (9) educational loan repayments for those agreeing to serve as members of the faculties of specified types of health professions schools; (10) grants and contracts with health or educational entities to assist in increasing the number of underrepresented minority faculty members; (11) grants to health professions schools to support programs of excellence in health professions education for minority individuals; and (12) grants and contracts to assist individuals from disadvantaged backgrounds to undertake education to enter a health profession. Declares that provisions of the National Health Service Corps Loan Repayment Program, except as inconsistent, shall apply to provisions regarding educational loan repayments of health professionals who agree to conduct clinical research as employees of the National Institutes of Health. (Current law applies some but not all of the provisions that would be applied under the amendment made by this Act.)