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Bill· HRH.R. 2839 (104th)open
United States · United States Congress · 22 December 1995
Medicare Medication Evaluation and Dispensing System Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services to establish and operate the Medicare Medication Evaluation and Dispensing System to provide for: (1) prospective and retrospective review of prescription drugs furnished to Medicare beneficiaries; (2) education of physicians, patients, and pharmacists in the appropriate use of prescription drugs; (3) the establishment of standards for counseling Medicare beneficiaries regarding the appropriate use of prescription drugs; and (4) review, information, and counseling with respect to any prescription drug furnished to a Medicare beneficiary without regard to whether or not payment may be made for the drug under Medicare. Sets forth requirements for review of prescriptions. Requires the Secretary to report to the Congress: (1) an analysis of the effect on net aggregate Medicare expenditures from the establishment of such a System; and (2) any recommendations on Medicare coverage of pharmacist professional services. Directs the Secretary to publish and disseminate a consumer guide to outpatient prescription drugs to assist: (1) Medicare beneficiaries in reducing expenditures for them; and (2) individuals and entities furnishing items and services to such beneficiaries in determining the cost-effectiveness of such drugs.
Bill· HRH.R. 2836 (104th)referred
United States · United States Congress · 22 December 1995
TABLE OF CONTENTS: Title I: Health Care Access, Portability, and Renewability Subtitle A: Group Health Plan Rules Subtitle B: Individual Health Plan Rules Subtitle C: COBRA Clarifications Subtitle D: Private Health Plan Purchasing Coalitions Title II: Application and Enforcement of Standards Title III: Miscellaneous Provisions Health Insurance Reform Act of 1996 - Title I: Health Care Access, Portability, and Renewability - Subtitle A: Group Health Plan Rules - Prohibits insurers from declining to provide coverage, and plans from establishing certain types of requirements, based on health status, medical condition, and similar factors. (Sec. 102) Mandates plan renewability, except for nonpayment of premiums, termination of the plan, or other specified reasons. (Sec. 103) Regulates the circumstances in which a plan may impose a benefit limitation or exclusion because of a preexisting condition. Allows State laws that limit preexisting conditions to shorter periods than the provisions of this paragraph. (Sec. 104) Mandates special enrollment periods for individuals who have certain types of changes in family composition or employment status. (Sec. 105) Regulates disclosures an insurer must make to a small employer (as defined in State law or, if not defined in State law, employers with not more than 50 employees). Subtitle B: Individual Health Plan Rules - Prohibits an insurer from establishing, for an individual in a period of previous qualifying coverage, eligibility, continuation, or enrollment requirements based on health status, medical condition, and similar factors. (Sec. 111) Mandates renewability of coverage for individuals, except for nonpayment of premiums, misrepresentation of material fact, or termination of the plan. (Sec. 112) Requires that State law in effect on, or enacted after, enactment of this Act apply in lieu of the standards above in this subtitle unless the Secretary of Health and Human Services determines that the State law is not as effective in providing access. (Sec. 113) Mandates a study and report on ensuring the availability of health insurance to individuals, the need for Federal premium variation standards, and the effectiveness of this Act and State laws in stabilizing the small group health insurance market by providing for the broad pooling of risk. Subtitle C: COBRA Clarifications - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to modify continuation coverage requirements. Subtitle D: Private Health Plan Purchasing Coalitions - Requires a State to certify health plan purchasing coalitions (HPPCs) meeting the requirements of this paragraph. Provides for Federal certification if a State fails to do so. Regulates HPPC organization, duties, and activities. Preempts, for a HPPC meeting these requirements, State fictitious group laws, State rating requirement laws (subject to exception), and other State laws in direct conflict. Applies to HPPCs the requirements of ERISA provisions relating to fiduciary responsibility and administration and enforcement. Title II: Application and Enforcement of Standards - Deems a requirement or standard under this Act imposed on: (1) a plan to be imposed on the insurer; and (2) a self-insured plan to be imposed on the plan sponsor. (Sec. 202) Requires each State to mandate that each plan in the State meet the standards under this Act pursuant to an enforcement plan filed by the State with the Secretary of Labor. Directs the Secretary, for self-insured health plans, to enforce the standards under this Act. Subjects failing plans to civil enforcement under specified ERISA provisions. Provides for Federal enforcement if a State fails to do so. Title III: Miscellaneous Provisions - Amends the Public Health Service Act to allow a health maintenance organization, if notified by a member that a medical savings account has been established for the member and if the member requests, to reduce the basic health services payment by requiring the payment of a deductible for basic health services. Declares that it is the sense of the Senate that the Congress should take steps to further the purposes of this Act.
Bill· SS. 1497 (104th)referred
United States · United States Congress · 21 December 1995
Land Disposal Program Flexibility Act of 1995 - Amends the Solid Waste Disposal Act (SWDA) to exempt from land disposal restrictions (other than requirements pertaining to applicable specific methods of treatment promulgated by the Administrator of the Environmental Protection Agency under SWDA) solid waste identified as hazardous based on characteristic alone if such waste: (1) is managed in a treatment system that subsequently discharges to waters of the United States pursuant to a permit issued under the Federal Water Pollution Control Act (Clean Water Act), undergoes pretreatment for purposes of compliance with toxic and pretreatment effluent standards of such Act, or is managed under a zero-discharge system that the Administrator determines to be engaging in Clean Water Act-equivalent treatment; (2) no longer exhibits such characteristic prior to land disposal; (3) has met any applicable specific method of treatment promulgated by the Administrator; and (4) would not generate toxic gases, vapors, or fumes due to the presence of cyanide at the point of generation when exposed to pH conditions of a specified range. Requires the Administrator to conduct a study of hazardous waste managed in accordance with this Act to characterize the risks to human health or the environment associated with such management, upon completion of which the Administrator may impose additional requirements or defer management of such risks to other State or Federal programs or authorities. Amends SWDA to exempt from land disposal restrictions solid waste identified as hazardous based on characteristic alone if the waste no longer exhibits a hazardous characteristic at the point of injection into any Class I deep well regulated under safe drinking water provisions of the Public Health Service Act.
Bill· SS. 1487 (104th)referred
United States · United States Congress · 20 December 1995
Uniformed Services Medicare Subvention Demonstration Project Act - Directs the Secretaries of Defense and Health and Human Services (HHS) to jointly establish a demonstration project (project) to provide the Department of Defense (DOD) with reimbursement, under provisions of title XVIII (Medicare) of the Social Security Act, for health services provided through DOD to certain Medicare-eligible covered military beneficiaries. Requires the project to be conducted in one or more regions in which the TRICARE program (a DOD managed health care program) has been implemented. Allows such project to be conducted for up to two years. Requires such Secretaries to jointly submit to the Congress a first annual report and a final report containing specified information concerning project participants and such project's effects on military medical care access, readiness, and training. Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (HHS trust funds) representing appropriate reimbursement amounts. Provides for the determination of such amounts. Directs such Secretaries to jointly: (1) establish a base level of TRICARE coverage required in a geographic region for eligibility under the project; (2) determine baseline costs of such care and coverage; and (3) establish upper reimbursement limits. Directs the Secretary of Defense to waive the enrollment fee for individuals enrolled in a TRICARE program participating in the project. Establishes in the Treasury the Medicare Subvention Fund (Fund) for providing payments to the HHS Secretary for reimbursement of the HHS trust funds and for the payment of all expenses related to the participation of Medicare-eligible covered military beneficiaries in excess of the base level established under this Act, as well as administrative expenses. Authorizes appropriations for FY 1997 and 1998 for deposit into the Fund to carry out the purposes of this Act.
Bill· HRH.R. 2814 (104th)open
United States · United States Congress · 20 December 1995
TABLE OF CONTENTS: Title I: Construction Authorization Title II: Strategic Planning for Health Care Resources Title I: Construction Authorization - Authorizes the Secretary of Veterans Affairs to carry out specified major medical facility projects, in specified amounts, in Florida, California, Pennsylvania, Illinois, Indiana, Maryland, North Carolina, Texas, and Arizona. Provides an obligation limitation with respect to two outpatient clinic projects. (Sec. 102) Authorizes the Secretary to enter into leases for two medical facilities in Florida and New York, in specified amounts. (Sec. 103) Authorizes appropriations to the Secretary for FY 1996 for two Construction, Major Projects, accounts and for the Medical Care account, in specified amounts, with a limitation. (Sec. 104) Directs the Secretary to report to the Senate and House Veterans' Affairs Committees (veterans' committees) on the health care needs of veterans in east central Florida. Prohibits the obligation of funds for the conversion of the former Orlando Naval Training Center Hospital in Orlando, Florida, until such report is submitted. Title II: Strategic Planning for Health Care Resources - Directs the Secretary, based on an analysis and recommendations of the Under Secretary for Health, to submit to the veterans' committees an annual report regarding long-range health planning of the Department of Veterans Affairs. Directs the Secretary to report annually to such committees showing the current Department priorities (listing the top 20) for proposed major medical construction projects. (Sec. 202) Specifies additional information required to be included in a prospectus submitted by the Secretary to the veterans' committees in connection with proposed medical facilities. (Sec. 203) States that the definition of "major medical facility project" shall include a project involving a total expenditure of more than $5 million in the case of a project which is principally for the alteration of a medical facility in order to provide additional space for the provision of ambulatory care. Repeals a provision of the Veterans' Medical Programs Amendments of 1992 which makes inapplicable to projects for which funds were appropriated prior to the enactment of such Act a prohibition on the appropriation, obligation, or expenditure of funds for any major medical facility project unless funds for such project have been specifically authorized by law. Prohibits the Secretary from obligating funds in excess of $500,000 from the Advance Planning Fund of the Department toward design or development of a major medical facility project until the Secretary submits a report to the veterans' committees on the proposed obligation and 30 days have passed since the receipt of such report. (Sec. 205) Requires the Veterans Health Administration (VHA) to include such professional and auxiliary services as the Secretary finds necessary to carry out VHA functions. Requires the Under Secretary for Health to ensure that his office is staffed so as to provide appropriate expertise. Amends Federal provisions concerning the Office of the Under Secretary to: (1) repeal the requirement that the Associate Deputy Under Secretary for Health be a qualified doctor of medicine; (2) no longer require such Office to include a Director of Nursing Service, Pharmacy Service, Dietetic Service, Podiatric Service, and Optometric Service; and (3) no longer require one Assistant Under Secretary for Health to be a qualified doctor of dental surgery or dental medicine and another to be a qualified physician trained in geriatrics.
Bill· HRH.R. 2807 (104th)referred
United States · United States Congress · 18 December 1995
Youth Development Community Block Grant Act of 1995 - Establishes a youth development block grant program. (Sec. 5) Authorizes appropriations. (Sec. 6) Sets forth formulae for allocation of funds to States for distribution to local boards for community-based youth development services. Sets forth requirements relating to distribution: (1) of State allotments; (2) of local allocations; (3) to other entities (Native American, including Native Hawaiian, organizations); and (4) to grant recipients. Provides for reallotments and reallocations. (Sec. 11) Requires establishment of county or multicounty Community Youth Development Boards to receive such assistance and make grants for youth development programs. Requires such Boards to submit community strategic plans and to carry out certain monitoring, evaluation, technical assistance, and reporting activities. (Sec. 13) 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. 14) Directs the Assistant Secretary for Children and Families of the Department of Health and Human Services to: (1) establish and implement 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. Directs the Assistant Secretary to: (1) report biennially to the President and the Congress; and (2) correct instances of noncompliance by providing training and technical assistance first and then, if necessary, terminating funding. (Sec. 15) 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 Public Health Service Act relating to grants for the prevention of alcohol and drug abuse among high-risk youth; (5) the Juvenile Justice and Delinquency Prevention Act of 1974 relating to gang-free schools and communities, to mentoring, and to local delinquency programs; (6) the Human Services Reauthorization Act of 1986 relating to demonstration partnership agreements; (7) the Community Services Block Grant Act relating to the National Youth Sports Program; and (8) the Anti-Drug Abuse Act of 1988 relating to drug abuse prevention relating to youth gangs and runaway and homeless youth. (Sec. 17) Provides for transfer of a limited amount of funds from such repealed programs to the program under this Act.
Bill· HRH.R. 2805 (104th)referred
United States · United States Congress · 18 December 1995
Amends title XVIII (Medicare) of the Social Security Act with respect to hospital insurance benefits for uninsured elderly individuals not otherwise eligible. Repeals the requirement for annual estimation of the monthly actuarial rate for the succeeding year, and the requirement that the monthly premium be equal to such rate. Requires, instead, that the Secretary of Health and Human Services determine annually the dollar amount applicable for such premiums in the succeeding year, without further legislative guidelines. Sets a special premium rate for individuals age 80 or older, whose monthly rate shall be: (1) $100 in 1996; and (2) in subsequent years, the monthly rate for the previous year increased by the percentage increase in the consumer price index for all urban consumers.
Bill· HRH.R. 2798 (104th)open
United States · United States Congress · 15 December 1995
Veterans Health Care Management and Contracting Flexibility Act of 1995 - Reduces from 90 to 45 days the required period of prior congressional notification after which the Secretary of Veterans Affairs may implement an administrative reorganization within the Department of Veterans Affairs. Repeals a Federal provision which prohibits, with an exception, the Secretary from entering into a contract under which an activity at a Department health care facility currently performed by Federal employees is converted to one performed by employees of a Federal contractor. Authorizes the Secretary to enter into agreements with non-Department health care facilities and providers for the sharing of all health-care resources (currently, only specialized medical resources).
Bill· HRH.R. 2791 (104th)referred
United States · United States Congress · 15 December 1995
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to restrict funds to States that do not have in effect and enforce a law that requires the State, at the request of the victim of an assault that may have exposed such victim to the etiologic agent for acquired immune deficiency syndrome, to: (1) administer to the convicted defendant a test to detect the presence of such agent; (2) disclose the results to such defendant and to the victim; and (3) provide to the victim counseling regarding human immunodeficiency virus disease and testing and referral for appropriate health care and support services.
Bill· HRH.R. 2790 (104th)open
United States · United States Congress · 15 December 1995
Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to declare that nothing shall be construed to prevent States from imposing fees for initial facility certification and survey. Limits such fees to the State's expenses (or average of the expenses) in conducting the certification and survey. Prohibits the Secretary of Health and Human Services from paying a State for reasonable certification and survey costs to the extent covered by such fees.
Bill· HRH.R. 2796 (104th)referred
United States · United States Congress · 15 December 1995
Breast Implant Accountability Act - Requires each manufacturer of a breast implant to notify each individual with a silicone gel or saline implant implanted before 1994 that the manufacturer will pay for removal and will allow the recipient to select the physician and hospital or center for the removal. Directs the Secretary of Health and Human Services to conduct or contract for research on the physiological, neurological, and immunological effects of chemicals found in, or used in the manufacture of, breast implants. Prohibits: (1) physicians from doing silicone breast implants without patient execution of a consent form prescribed by the Secretary and from refusing the treatment of a patient because the patient has received a breast implant; (2) grants to an organ procurement organization if the organization has allowed an individual who has a breast implant to donate an organ; and (3) licensing of any blood collection entity if the entity receives blood from such an individual.
Bill· SS. 1479 (104th)referred
United States · United States Congress · 14 December 1995
Acid Mine Drainage Abatement Act of 1995 - Amends the Surface Mining Control and Reclamation Act of 1977 to authorize the States to set aside: (1) up to ten percent of their annual reclamation project construction and program administration grants solely for a special trust fund to redress public health and safety problems beyond FY 1995; and (2) up to the greater of $1 million or 30 percent for an acid mine drainage abatement and treatment trust fund. Declares that a project funded out of such treatment fund shall provide for the abatement of the causes or the treatment of the effects of acid mine drainage from certain eligible lands and waters.
Bill· SS. 1477 (104th)open
United States · United States Congress · 13 December 1995
TABLE OF CONTENTS: Title I: Mission and Accountability Title II: Expedited Access to Products for Seriously Ill Patients Title III: Revitalizing the Investigation of New Products Title IV: Efficient, Accountable, and Fair Product Review Title V: Drug, Biological Products, Devices Export Reform Title VI: Drug and Biological Products Regulatory Reform Title VII: Device Regulatory Reform Title VIII: Animal Drug Regulatory Reform Title IX: Food Regulatory Reform Food and Drug Administration Performance and Accountability Act of 1995 - Title I: Mission and Accountability - Food and Drug Administration Regulatory Reform Act of 1995 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to set forth a Food and Drug Administration (FDA) mission statement. (Sec. 103) Mandates: (1) performance standards for FDA product reviews; (2) an applicant-accessible information system; and (3) a procedure regarding policy statements of general applicability. (Sec. 106) Authorizes the Commissioner of Food and Drugs to delegate authority related to scientific review groups to a center director. (Sec. 107) Requires an intra-FDA appeal system. Empowers any person to request an evaluation by a scientific review group. Title II: Expedited Access to Products for Seriously Ill Patients - Patient Rights Regulatory Reform Act of 1995 - Establishes or modifies requirements regarding: (1) distribution of an investigational drug or device for a serious condition; (2) humanitarian device exemptions; and (3) a time limit for approval of certain biological product or new drug applications. Title III: Revitalizing the Investigation of New Products - Investigational Products Regulatory Reform Act of 1995 - Regulates: (1) automatic commencement of new drug clinical investigations; (2) criteria for the safety information that must be initially submitted; (3) regarding a mechanism to ensure the fair application of clinical investigation safety standards; (4) investigational device exemptions; and (5) concerning meetings between the sponsor proposing a preclinical or clinical investigation and the Secretary. Title IV: Efficient, Accountable, and Fair Product Review - Product Review Regulatory Reform Act of 1995 - Establishes or modifies requirements regarding: (1) a mechanism to ensure fair and consistent filing requirements; (2) automatic classification in the class specified by the sponsor; (3) criteria for the information to be included in the application; (4) contracts with outside organizations and individuals to review applications; (5) collaborative review; (6) accreditation of organizations to conduct good manufacturing practice inspections; (7) environmental consideration of FDA action; (8) dissemination of certain information on treatment use of investigational new drugs, a use of a new drug for which approval is in effect, and a use of a device produced by a registered manufacturer; (9) approval of a new use drug, biological product, or device application; and (10) the matters that may be considered in determining effectiveness. Title V: Drug, Biological Products, Devices Export Reform - Drug, Biological Products, Devices Export Reform Act of 1995 - Revises requirements regarding the importing and exporting of a drug, biological product, or device. (Sec. 503) Amends the Public Health Service Act to modify partially processed biological product export requirements. Title VI: Drug and Biological Products Regulatory Reform - Drug and Biological Product Regulatory Reform Act of 1995 - Amends the FDCA with regard to: (1) what constitutes substantial evidence; (2) using a small facility to demonstrate the safety and effectiveness of a new drug or biological product; and (3) requirements regarding changes in the manufacture of a new drug, biological product, or new animal drug. (Sec. 605) Repeals provisions regarding the certification of drugs containing insulin or containing antibiotics. Allows export of insulin and antibiotics in certain circumstances. (Sec. 606) Amends the Public Health Service Act to regulate biological products in interstate commerce. (Sec. 607) Mandates proposed regulations governing products of human tissue and cell therapy. Title VII: Device Regulatory Reform - Medical Device Reform Act of 1995 - Amends the FDCA to establish or modify requirements regarding: (1) premarket notification requirements; (2) device classification standards; and (3) the circumstances in which device tracking or postmarket surveillance may be required. (Sec. 706) Removes references to distributors from provisions relating to records and reports on devices. Removes provisions regarding reports of removals and corrections. (Sec. 707) Modifies premarket approval requirements. (Sec. 708) Establishes procedures regarding the recognition of an existing performance standard for a device. Title VIII: Animal Drug Regulatory Reform - Animal Drug Regulatory Reform Act of 1995 - Sets forth what constitutes substantial evidence. Regulates what must be considered in evaluating an animal drug containing more than one active ingredient or to be used in combination with other drugs. Modifies approval and residue requirements. (Sec. 804) Sets forth the circumstances in which an animal drug will be considered adulterated. Title IX: Food Regulatory Reform - Food Regulatory Reform Act of 1995 - Establishes an alternate approval procedure for an indirect food additive (a food additive intended to contact food but not intended for consumption as a food ingredient).
Bill· HRH.R. 2777 (104th)referred
United States · United States Congress · 13 December 1995
Medicare Preventive Benefits Improvement Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to provide for expanded coverage of preventive benefits under part B (Supplementary Medical Insurance Benefits for the Aged and Disabled) of the Medicare program. Makes all women over age 49 eligible for annual screening mammography benefit coverage. Waives the deductible co-payment on such benefit. Makes women of childbearing age (if they have not had a negative result in such a test in each of the preceding three years), or at high risk of developing cervical cancer, eligible for yearly pap smears, by suspending in their cases a specified three-year frequency limitation on benefit coverage for screening pap smears. Makes such women eligible also for yearly screening pelvic exams, including a clinical breast exam. Makes other women eligible for triennial screening pelvic exams. Waives the deductible co-payment for such exams. Adds coverage of screening procedures, with specified payment and frequency limitations, for early detection of colorectal cancer, including fecal occult blood test, flexible sigmoidoscopy, and colonoscopy for high risk individuals, as well as a barium enema if the Secretary of Health and Human Services finds that to be an appropriate alternative to a sigmoidoscopy or a colonoscopy. Directs the Secretary to make a decision within two years about covering screening barium enemas as such an alternative. Adds biennial coverage of certain prostate cancer screening procedures for men over 50 years of age, including a digital rectal examination and a prostate-specific antigen blood test. Adds coverage of the following diabetes screening benefits: (1) diabetes outpatient self-management training services; and (2) blood-testing strips (with payment based on inexpensive, routinely purchased durable medical equipment). Directs the Secretary to: (1) establish outcome measures to evaluate improvement of the health of Medicare beneficiaries with diabetes mellitus; and (2) submit recommendations to the Congress regarding modifications to the Medicare coverage of services for such beneficiaries.
Bill· SS. 1471 (104th)referred
United States · United States Congress · 12 December 1995
Federal Tort Claims Act Malpractice Coverage for Health Centers Extension Act of 1995 - Amends the Public Health Service Act to remove provisions ending, on a specified date, the application of provisions: (1) deeming health care practitioner officers, employees, or contractors of certain entities (migrant and community health centers and grant recipients for health services to the homeless and to residents of public housing) to be employees of the Public Health Service (PHS); and (2) making a malpractice action against the United States the sole remedy against such practitioners. Adds governing board members to the list of practitioners deemed to be PHS employees. Allows the practitioners to be considered PHS employees while treating individuals who are not patients of such an entity if the Secretary of Health and Human Services determines, after reviewing the application, that the provision of the services to such individuals: (1) benefits patients of, and general populations that could be served by, the entity through community-wide intervention efforts within the communities served by such entity; (2) facilitates the provision of services to such patients; or (3) are otherwise required under an employment contract or similar arrangement between the entity and an officer, governing board member, employee, or contractor of the entity. Sets forth an application process. Directs the Attorney General to appear in State court actions to advise the court whether an officer, governing board member, employee, or contractor has been deemed to be an employee of the Public Health Service. Provides for the application of coverage to managed care plans. Revises the requirements: (1) to be considered a contractor of such an entity; and (2) of due process regarding exclusion of specific individuals from coverage. Directs the General Accounting Office to submit to the Congress a report on the medical malpractice liability claims experience of entities that have been deemed to be employees and the risk exposure associated with such entities. Reduces the maximum limit on the fund set up to cover annual estimated claims.
Bill· SS. 1470 (104th)open
United States · United States Congress · 12 December 1995
Senior Citizens' Freedom to Work Act of 1995 - Amends title II (Old-Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to provide, through adjustments in the monthly exempt amount, for increases in the amounts of allowable earnings under the Social Security earnings limit for individuals who have attained retirement age. Retains the current limit on substantial gainful activity earnings applicable to individuals under age 65 who are eligible for disability benefits based on blindness. (Sec. 3) Provides that an individual shall not be considered to be disabled for OASDI purposes, or for supplemental security income (SSI) purposes under SSA title XVI (thus denying them benefits), if alcoholism or drug addiction would be a contributing factor material to the determination of disability. (Continues disability benefits based on a separate disabling condition to individuals also disabled by drug addiction or alcoholism.) Requires the payment of OASDI or SSI benefits based on disability to a representative payee if such payment would serve the interest of an individual who also has an alcoholism or drug addiction condition that prevents the individual from managing such benefits. Requires the Commissioner of Social Security (the Commissioner) to refer such individual to the appropriate State agency administering the approved State plan for substance abuse treatment services. Appropriates additional specified amounts to supplement State and Tribal alcohol and substance abuse treatment programs funded under the Public Health Service Act. Requires State or Tribal governments receiving such an allotment to consider as priorities activities relating to the treatment of the abuse of alcohol and other drugs. (Sec. 4) Bases entitlement of stepchildren to child's insurance benefits solely on their actual dependency on stepparent support. Repeals the requirement that the stepchild actually be living with the stepparent. Requires termination of any child's insurance benefits based on the wages and self-employment income of the stepparent the month after the month in which the natural parent's divorce from the stepparent becomes final. (Sec. 5) Establishes a Continuing Disability Review Administration Revolving Account for OASDI disability benefits in the Federal Disability Insurance Trust Fund. Directs the Chief Actuary of the Social Security Administration (Chief Actuary), as established by this Act, to estimate annually the present value of savings to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund which will accrue for all years because of cessations of benefit payments resulting from continuing disability reviews carried out pursuant to specified requirements during the fiscal year. Directs the Managing Trustee to: (1) transfer to the Account from amounts otherwise in the Trust Fund an amount equal to the estimated savings certified by the Chief Actuary; and (2) make available to the Commissioner from funds in the Account an amount certified by the Chief Actuary as currently required to meet expenditures necessary to provide for required continuing disability reviews (including expenditures for the cost of staffing, training, purchase of medical and other evidence, and processing related to appeals and overpayments and related indirect costs). Includes as required information in a specified annual report a final accounting of amounts transferred to the Continuing Disability Review Administration Revolving Account in the Federal Disability Insurance Trust Fund during the year, including a comparison of the number of continuing disability reviews conducted during the year with the estimated number of continuing disability reviews upon which the estimate of such expenditures was made. Terminates the Continuing Disability Review Administration Revolving Account at the end of FY 2002, providing that any balance in such Account shall revert to funds otherwise available in the Federal Disability Insurance Trust Fund. Provides for appointment by the Commissioner of a Chief Actuary in the SSA. (Sec. 6) Prohibits, with respect to the Federal Old-Age and Survivors Insurance, Disability Insurance, Hospital Insurance, and Supplementary Medical Insurance Trust Funds, Federal officials or employees from: (1) delaying the deposit of any amount into (or delaying the credit of any amount to) any such fund or otherwise varying from the normal terms, procedures, or timing for making such deposits or credits; (2) refraining from the investment in public debt obligations of amounts in any such fund, if a purpose of such action or inaction is to not increase the amount of outstanding public debt obligations; or (3) disinvesting amounts in any such fund which are invested in public debt obligations, if a purpose of the disinvestment is to reduce the amount of outstanding public debt obligations. Provides, however, that, during any period for which cash benefits or administrative expenses would not otherwise be payable from a Federal fund by reason of an inability to issue further public debt obligations because of the applicable public debt limit, public debt obligations held by such Federal fund shall be sold or redeemed: (1) only for the purpose of making payment of such benefits or administrative expenses; and (2) only to the extent cash assets of the Federal fund are not available from month to month for making payment of such benefits or administrative expenses. Authorizes the Secretary of the Treasury, in undertaking the sale or redemption of public debt obligations held by a Federal fund, and with three days prior notice to the Congress and the Comptroller General, to issue corresponding public debt obligations to the public in order to obtain the cash necessary for payment of benefits or administrative expenses from such Federal fund, notwithstanding the public debt limit.
Bill· HRH.R. 2757 (104th)referred
United States · United States Congress · 12 December 1995
Senior Citizens' Access to Health Care Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to require health maintenance organizations participating in the Medicare Program to offer coverage for out-of-network services to Medicare beneficiaries enrolled with such organizations.
Bill· SS. 1466 (104th)referred
United States · United States Congress · 11 December 1995
Senior Citizens' Right to Work Act of 1995 - Amends title II (Old-Age, Survivors, and Disability Benefits) (OASDI) of the Social Security Act to provide, through adjustments in the monthly exempt amount, for increases in the amounts of allowable earnings under the Social Security earnings limit for individuals who have attained retirement age. Retains the current limit on substantial gainful activity earnings applicable to individuals under age 65 who are eligible for disability benefits based on blindness. (Sec. 3) Establishes a Continuing Disability Review Administration Revolving Account for OASDI disability benefits in the Federal Disability Insurance Trust Fund. Directs the Chief Actuary of the Social Security Administration (SSA) to estimate annually the present value of savings to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund which will accrue for all years as a result of cessation of benefit payments resulting from continuing disability reviews carried out pursuant to specified requirements during the fiscal year. Directs the Managing Trustee to: (1) transfer to the Account from amounts otherwise in the Trust Fund an amount equal to the estimated savings certified by the Chief Actuary; and (2) make available to the Commissioner of Social Security from funds in the Account an amount certified by the Chief Actuary as currently required to meet expenditures necessary to provide for required continuing disability reviews (including expenditures for the cost of staffing, training, purchase of medical and other evidence, and processing related to appeals and overpayments and related indirect costs). Includes under required information in a specified annual report a final accounting of amounts transferred to the Continuing Disability Review Administration Revolving Account in the Federal Disability Insurance Trust Fund during the year, the amount made available from such Account during such year pursuant to certifications made by the Chief Actuary of the SSA and expenditures made by the Commissioner of Social Security for the specified purposes during the year, including a comparison of the number of continuing disability reviews conducted during the year with the estimated number of continuing disability reviews upon which the estimate of such expenditures was made. Terminates the Continuing Disability Review Administration Revolving Account at the end of FY 2002, and provides that any balance in such Account shall revert to funds otherwise available in the Federal Disability Insurance Trust Fund. Provides for appointment by the Commissioner of a Chief Actuary in the SSA. (Sec. 4) Bases entitlement of stepchildren to child's insurance benefits solely on their actual dependency on stepparent support. Repeals the requirement that the stepchild actually be living with the stepparent. Requires termination of any child's insurance benefits based on the wages and self-employment income of the stepparent six months after the Commissioner is formally notified of the natural parent's divorce from the stepparent. (Sec. 5) Extends the length of time required for recomputation of benefits after normal retirement age. (Sec. 6) Eliminates the role of the SSA in processing attorney fees. Prohibits any person, agent, or attorney from charging in excess of $4,000 (or, if the Commissioner approves, a higher fee) for services performed in connection with any claim before the Commissioner. Directs a court, in determining a reasonable fee, to take into consideration the amount of the fee, if any, that an attorney may charge the claimant for services (eliminating the current limitation of such fee to 25 percent of the total past-due benefits to which a judgment entitles the claimant). (Sec. 7) Provides that an individual shall not be considered to be disabled for OASDI purposes, or for supplemental security income (SSI) purposes under title XVI of the Act (thus denying them benefits), if alcoholism or drug addiction would be a contributing factor material to the determination of disability. (Continues disability benefits based on a separate disabling condition to individuals also disabled by drug addiction or alcoholism.) Requires the payment of OASDI or SSI benefits based on disability to a representative payee if such payment would serve the interest of an individual who also has an alcoholism or drug addiction condition that prevents the individual from managing such benefits. Requires the Commissioner to refer such individual to the appropriate State agency administering the approved State plan for substance abuse treatment services. Appropriates additional specified amounts to supplement State and Tribal alcohol and substance abuse treatment programs funded under the Public Health Service Act. Requires State or Tribal governments receiving such an allotment to consider as priorities activities relating to the treatment of the abuse of alcohol and other drugs. (Sec. 8) Permits members of the clergy to file to revoke their exemption from social security tax coverage under the Internal Revenue Code.
Bill· HRH.R. 2756 (104th)referred
United States · United States Congress · 11 December 1995
TABLE OF CONTENTS: Title I: Federal Payments to States Title II: Requirements for Comprehensive Health Plans Title III: Financing Mechanisms Title IV: Tax Deductibility of Health Insurance American Health Security Partnership Act of 1995 - Title I: Federal Payments to States - Mandates payments to States for comprehensive health insurance plans certified under title II of this Act. Title II: Requirements for Comprehensive Health Plans - Requires each State to submit (by July 1999) and operate (by 2000) a comprehensive health insurance plan designed to be administered by the State and having at least: (1) coverage for all individuals in the State; (2) benefits comparable to that available under the Federal Employees Health Benefits Program (deeming coverage under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to meet this requirement); (3) home- and community-based care when medically appropriate; (4) community premium rating; (5) payment by the State of supplemental amounts to ensure that all individuals may obtain coverage at reasonable rates; (6) quality control mechanisms; and (7) premium control and cost control mechanisms. (Sec. 203) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to exempt from ERISA State laws conforming to or reflecting a plan certified under this Act. (Sec. 204) Amends title XIX (Medicaid) of the Social Security Act to condition Medicaid payments to a State on the State having a certified plan in effect by the deadline. (Sec. 205) Modifies the method for determining the amount of the "community spouse resource allowance" for Medicaid provisions relating to transferring resources to a community spouse. Title III: Financing Mechanisms - Amends the Internal Revenue Code (IRC) to increase the highest corporate income tax rate. (Sec. 302) Amends Medicaid provisions to reduce the maximum Federal medical assistance percentage. (Sec. 303) Amends the IRC to increase the tax rate on tobacco and related products. Title IV: Tax Deductibility of Health Insurance - Allows a tax deduction for insurance that constitutes medical care.
Bill· SS. 1453 (104th)referred
United States · United States Congress · 7 December 1995
Rodeo Freedom Act of 1995 - Prohibits the Secretary of Health and Human Services and the Commissioner of Food and Drugs from having authority under the Federal Food, Drug, and Cosmetic Act to regulate: (1) activities of sponsors or sponsorship programs connected with professional rodeo associations (including the Professional Rodeo Cowboy Association); or (2) advertising used or purchased by or in connection with professional rodeo associations (including the Professional Rodeo Cowboy Association).
Law· HRH.R. 2739 (104th)enacted
United States · United States Congress · 7 December 1995
TABLE OF CONTENTS: Title I: Provisions Relating to Allowances and Accounts in the House of Representatives Title II: Technical and Conforming Amendments and Repeals Relating to Administrative Reforms in the House of Representatives Title I: Provisions Relating to Allowances and Accounts in the House of Representatives - Establishes for the House of Representatives a single allowance, the Members' Representational Allowance (MRA), to be used to support the conduct of official and representational duties of House Members with respect to the district from which they are elected. Merges into the MRA the Clerk Hire Allowance, the Official Expenses Allowance, and the Official Mail Allowance. Makes such changes effective as of September 1, 1995. (Sec. 102) Authorizes the Committee on House Oversight to fix and adjust the MRA (currently, all allowances of the House) for Members and various House leadership. (Sec. 103) Allows the adjustment of MRAs for reasons other than those currently specified (price or technological changes or increases in the General Schedule) only by House resolution. (Sec. 104) Allows each House Member to employ under the MRA no more than 18 permanent clerks and four additional clerk hire employees in specified categories. Excludes interns and temporary employees from the operation of certain Federal employment provisions and requirements. (Sec. 105) Prohibits any payments from being made from applicable House accounts unless sanctioned by the Oversight Committee. (Sec. 106) Directs the Chief Administrative Officer of the House to submit semiannually to the House a detailed, itemized report of the disbursements for House operations. Outlines information required in such reports, with an exception in the case of vouchers of payments to individuals for attendance as witnesses before a congressional committee in executive session. (Sec. 107) Directs the Clerk of the House, at the request of a Member, to furnish to such Member for official use only one set of a privately published annotated version of the United States Code, including appropriate supplements and pocket parts. (Sec. 108) Authorizes the Chief of the Capitol Police to designate a member of such Police to be responsible for citation release with respect to bonds for persons arrested on Capitol grounds. Provides appropriate authority for D.C.'s Superior and U.S. District courts with respect to bond or collateral proceedings after such arrests. Title II: Technical and Conforming Amendments and Repeals Relating to Administrative Reforms in the House of Representatives - Makes various technical and conforming amendments and appropriate repeals to specified Federal provisions as necessitated by administrative reforms adopted in the House, including provisions concerning: (1) the election of representatives; (2) congressional organization; (3) Member compensation and allowances; (4) House officers and employees; (5) membership on the Joint Committee of Congress on the Library under the Legislative Reorganization Act of 1946; (6) congressional and committee procedure and investigations; (7) the classification of employees; (8) payroll administration; (9) contested elections; (10) the Joint Committee on Congressional Operations; (11) the Congressional Budget Office; (12) Federal Government organization and employees; (13) commerce and trade, foreign relations and intercourse, money and finance, and the postal service; (14) public buildings and related property and public works; (15) public health and welfare; (16) public printing and documents; (17) territories and insular possessions; and (18) miscellaneous uncodified provisions relating to the House. Replaces in many cases functions and duties of: (1) the Committee on House Administration with the Committee on House Oversight; and (2) the Doorkeeper or Sergeant-at-Arms with the Chief Administrative Officer.
Bill· HRH.R. 2748 (104th)open
United States · United States Congress · 7 December 1995
Genetic Information Nondiscrimination in Health Insurance Act of 1995 - Prohibits insurance providers from: (1) denying or canceling health insurance coverage or varying the premiums, terms, or conditions of coverage on the basis of genetic information or on the basis that the individual or family involved has requested or received genetic services; (2) requesting or requiring insured individuals or applicants to disclose genetic information; or (3) disclosing genetic information without prior written authorization. Provides for enforcement by the Secretary of Labor regarding employee health benefit plans and by State insurance commissioners in other cases. Allows a private right of action. Allows a State to establish or enforce requirements only if they are more restrictive than this Act.
Bill· HRH.R. 2729 (104th)referred
United States · United States Congress · 6 December 1995
Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to make special provisions, including waiver of the Medicare part B late enrollment penalty and establishment of a special enrollment period, for the enrollment of certain military retirees and their dependents who are adversely affected by the closure of a Department of Defense military medical treatment facility pursuant to a closure or realignment of a military installation.
Bill· SS. 1442 (104th)referred
United States · United States Congress · 4 December 1995
Directs the Secretary of Health and Human Services to award a grant to the Louisiana Department of Health and Hospitals to establish and construct the National Center for Sickle Cell Disease Research at Southern University in Baton Rouge, Louisiana, and for related facilities and equipment at such Center. Authorizes appropriations.
Bill· SS. 1441 (104th)open
United States · United States Congress · 30 November 1995
TABLE OF CONTENTS: Division A: Foreign Relations Authorization Act, Fiscal Years 1996-1999 Title I: Department of State and Related Agencies Chapter 1: Authorization of Appropriations Chapter 2: Authorities and Activities Chapter 3: Personnel Chapter 4: Consular and Related Activities Title II: United Nations Chapter 1: Funding; Budgetary and Management Reform Chapter 2: United Nations Peacekeeping Title III: Other International Organizations Chapter 1: Authorization of Appropriations Chapter 2: General Provisions Title IV: United States Informational, Educational, and Cultural Programs Chapter 1: Authorizations of Appropriations Chapter 2: USIA and Related Agencies Authorities and Activities Title V: United States Arms Control and Disarmament Agency and the Agency for International Development Title VI: Foreign Policy Division B: Consolidation and Reinvention of Foreign Affairs Agencies Title XI (sic): Organization of the Department of State and Foreign Service Title XII: United States Arms Control and Disarmament Agency Title XIII: United States Information Agency Title XIV: Agency for International Development and the International Development Cooperation Agency Title XV: Proposed Reorganization of the United Nations Title XVI: Plan for Reorganization of United States Export Promotion and Trade Activities Title XVII: Transition Provisions Foreign Relations Revitalization Act of 1995 - Division A: Foreign Relations Authorization Act, Fiscal Years 1996-1999 - Foreign Relations Authorization Act, Fiscal Years 1996-1999 - Title I: Department of State and Related Agencies - Chapter 1: Authorization of Appropriations - Authorizes appropriations for FY 1996 through 1999 for the administration of foreign affairs. (Sec. 111) Authorizes appropriations for FY 1996 through 1999 for: (1) offsetting adverse fluctuations in foreign currency exchange rates; and (2) migration and refugee assistance. Chapter 2: Authorities and Activities - Authorizes the Secretary of State to acquire by lease-purchase during FY 1996 through 1999 appropriate housing for Department of State personnel stationed abroad and other facilities, in locations in which the United States has a diplomatic mission. Requires the Secretary and the Director of the Office of Management and Budget to certify and notify the appropriate congressional committees that the lease-purchase arrangement will result in a net cost savings to the Federal Government when compared to a lease, a direct purchase, or direct construction of comparable property. (Sec. 122) Expresses the sense of the Congress that the Secretary of State should: (1) utilize property held by the United States in the vicinity of the Brandenburg Gate in Berlin, Germany, as the U.S. Embassy to Germany; and (2) be authorized to make necessary improvements. (Sec. 125) Amends the State Department Basic Authorities Act of 1956, with respect to the Secretary of State's authority to transfer to the Buying Power Maintenance account any unobligated funds used to offset adverse fluctuations in foreign currency exchange rates, to repeal the permanent requirement that such authority only be exercised to the extent and in such amounts as specifically provided for in advance in appropriations Acts. (Sec. 137 of this Act does require, nonetheless, that such authority be exercised only to the extent or in the amounts provided in appropriations Acts, without limiting this requirement to provision in advance in such Acts.) (Sec. 128) Authorizes the Secretary of State to charge a fee for use of the Department of State diplomatic reception rooms. (Sec. 129) Requires a contracting officer of a U.S. agency that performs functions at diplomatic posts abroad to avoid, to the maximum extent practicable, entering into contracts for procurement of property and services that can be procured for it under an existing contract of another U.S. agency performing such functions abroad. (Sec. 130) Amends the State Department Basic Authorities Act of 1956 to authorize the Secretary of State to procure personal services in prosecuting a proceeding before an international tribunal or a claim by or against a foreign entity. (Sec. 131) Amends the Department of State and Related Agencies Appropriations Act, 1995 to limit funding to the Diplomatic Telecommunications Service (DTS). Requires the two agencies providing the greatest funding to the DTS Program Office (DTS-PO) to submit to the appropriate congressional committees a DTS-PO management plan and strategic plan with specified contents. (Sec. 133) Authorizes the Secretary of State to deposit international center maintenance and security reserve funds retained in interest bearing accounts. (Sec. 134) Authorizes certain joint funds under international agreements for cooperation in environmental, scientific, and cultural areas to be deposited in interest bearing accounts, such interest to be used for program and administrative purposes. (Sec. 135) Authorizes the Secretary of State to lease or acquire an office and residence in Pristina, Kosova, for use by U.S. diplomatic or consular personnel. (Sec. 136) Expresses the sense of the Congress that the United States should urge foreign countries to adopt certain antibribery principles set forth in the Foreign Corrupt Practices Act of 1977 in order to implement effective means of combating bribery of foreign public officials, including the imposition of administrative, civil, and criminal sanctions for such bribery. Directs the Secretary of State to conduct, and submit to specified congressional committees, a study to develop proposals to end the discrimination against U.S. exports that result from bribery and corruption in international business transactions. (Sec. 137) Requires that authorities contained in specified sections of this Act be exercised only to the extent or in the amounts provided in appropriations Acts. Chapter 3: Personnel - Establishes limits on the number of Foreign Service personnel (including noncareer limited appointments) in the Department of State, the U.S. Information Agency (USIA), and the Agency for International Development (AID). (Sec. 142) Amends Federal criminal law to subject to both criminal and civil penalties any person who serves in the position of chief of mission and who, within one year after termination from such position, engages in certain lobbying activities. (Sec. 143) Expresses the sense of the Congress that the Secretary of State should require the National Center for Humanities, Education, Languages, and Management Studies (the National Foreign Affairs Training Center, as redesignated) to increase the emphasis on commercial activity, export promotion, and trade in carrying out its core programs and should offer additional classes in such subjects. (Sec. 144) Authorizes the Secretary of State to establish a financial system by which the State Department is reimbursed by other Federal agencies that maintain an overseas presence for the incremental expenses incurred by the Department in providing administrative support to such agencies at U.S. posts abroad. Directs the President to establish an interagency committee consisting of representatives from Federal agencies maintaining a significant number of personnel overseas and headed by the Secretary of State to implement such system. Establishes a working capital fund. (Sec. 145) Amends the Foreign Service Act of 1980 to revise provisions relating to Foreign Service performance pay, meritorious and distinguished service awards, and expedited separation of low- ranking employees from the Service. Declares that one objective of the Act is to strengthen and improve the Service by establishing a consolidated and uniform administration of a single Foreign Service by the Director General of the Service, under the direction of the President and the Secretary of State. (Sec. 146) Excludes certain individuals who are not involved in the administration or formulation of personnel policies and programs of the State Department from specified prohibitions with respect to participation in the management of labor organizations by Foreign Service personnel, and vice versa. (Sec. 148) Amends Federal law to authorize the Secretary of State, under the State Department health care program, to collect from a third party payer the reasonable costs incurred by the Department on behalf of covered beneficiaries for health care services to the same extent that such a beneficiary would be eligible to receive indemnification from the third party payer for such costs. (Sec. 151) Amends the Foreign Service Act of 1980 to authorize the Secretary of State to provide training through the Foreign Service Institute to U.S. company employees and their families that are engaged in business abroad when such training is in the U.S. national interest. Authorizes the Secretary to provide on a reimbursable basis foreign language training programs to Members of Congress. (Sec. 152) Redesignates the National Foreign Affairs Training Center as the National Center for Humanities, Education, Languages, and Management Studies. Chapter 4: Consular and Related Activities - Authorizes the Secretary of State to establish a fee to be paid by each diversity immigrant issued a visa under the Immigration and Nationality Act. (Sec. 162) Amends Federal law to authorize the Secretary of State by regulation to authorize State Department officials or the U.S. Postal Service to retain fees for the execution and issuance of passports. (Sec. 163) Authorizes the Secretary of State to collect up to certain amounts for fees charged for processing machine readable nonimmigrant visas. (Sec. 166) Amends the Immigration and Nationality Act to exclude from admission into the United States any alien who: (1) is a member of a terrorist organization or who actively supports or advocates terrorist activity; (2) has advocated terrorism or has incited targeted racial vilification or has advocated the death or destruction of U.S. citizens, U.S. officials, or the overthrow of the U.S. Government; or (3) has confiscated, traffics in confiscated, or converts for personal gain confiscated, property which is owned by a U.S. national. (Sec. 168) Requires the U.S. Embassy in each country to report to the Secretary of State a list of those foreign nationals who have confiscated, converted, or trafficked in property the claim to which is held by a U.S. national and in which the confiscation claim has not been fully resolved. (Sec. 169) Permits the President of Taiwan to be admitted to the United States for a visit in 1995. (Sec. 170) Directs the Secretary of State to establish within each U.S. Embassy a Terrorist Lookout Committee. (Sec. 171) Expresses the sense of the Congress that the U.S. Government should not impose a border crossing fee along its borders with Canada and Mexico. Title II: United Nations - Chapter 1: Funding; Budgetary and Management Reform - Authorizes appropriations for FY 1996 through 1999 for the Department of State to carry out its foreign affairs responsibilities with respect to: (1) the United Nations, its affiliated agencies, and other international organizations; and (2) international peacekeeping activities. (Sec. 203) Expresses the sense of the Congress that the U.N. General Assembly should reformulate U.N. contributions by member nations to reflect each nation's share of the total world gross national product. (Sec. 204) Authorizes the President to withhold 20 percent of the funds appropriated for the U.S. assessed contribution to the United Nations if the United Nations has failed to implement consensus-based decisionmaking procedures on budgetary matters which assure that sufficient attention is paid to the views of the United States and other member states who are major financial contributors. (Sec. 205) Amends the United Nations Participation Act of 1945 to require specified percentages of funds made available for a fiscal year for U.S. assessed contributions for the U.N. budget and U.N. peacekeeping activities to be withheld from obligation unless the President certifies to the Congress that the United Nations has an independent office of Inspector General to conduct audits of U.N. programs, with an Inspector General duly appointed. Prohibits the United States from paying any voluntary contribution to the United Nations for international peacekeeping activities unless such certification has been made. (Sec. 206) Directs the President to withhold ten percent of the funds made available for U.S. assessed contributions for the U.N. budget until the Secretary of State certifies to the Congress that the United Nations has implemented certain whistleblower protection policies with respect to the reporting of fraud and mismanagement. Chapter 2: United Nations Peacekeeping - Amends the United Nations Participation Act of 1945 to require the President to notify designated congressional committees of any proposed U.N. peacekeeping activity or any other action under the Charter of the United Nations that would involve the use of U.S. Armed Forces or the expenditure of U.S. funds. (Sec. 214) Urges the U.S. Permanent Representative to the United Nations to make every effort to: (1) ensure that the United Nations completes a review and reassessment of each nation's assessed contributions for U.N. peacekeeping operations; and (2) advance, as part of the review, the concept that host governments in the region where such operations are carried out should bear a greater burden of its financial cost. Limits the U.S. assessed contribution for U.N. peacekeeping operations. (Sec. 215) Prohibits the obligation of funds to pay U.S. assessed or voluntary contributions for U.N. peacekeeping activities unless the Secretary of State certifies to designated congressional committees that U.S. manufacturers are being given opportunities to provide equipment and services equal to those given to foreign manufacturers. (Sec. 216) Prohibits the sharing of U.S. intelligence information with the United Nations unless the President certifies to appropriate congressional committees that certain requirements to protect such information have been implemented by the United Nations. (Sec. 217) Excludes from actions the United States may take to enforce U.N. sanctions against a foreign country any measure to prohibit assistance that promotes: (1) respect for human rights; (2) the exchange of certain informational materials; or (3) the development of democratic institutions. (Sec. 218) Prohibits funds for contributions to the United Nations Protection Force (UNPROFOR) unless the President certifies to the Congress that: (1) the Government of Bosnia and Herzegovina supports the continued presence of UNPROFOR within its territory; and (2) certain other conditions are met with respect to UNPROFOR. (Sec. 219) Expresses the sense of the Congress that the Executive Branch should cease obligating the United States to pay for international peacekeeping operations in excess of funds specifically appropriated for such purpose. Title III: Other International Organizations - Chapter 1: Authorization of Appropriations - Authorizes appropriations for FY 1996 through 1999 for the Department of State to carry out its foreign affairs responsibilities with respect to: (1) international conferences and contingencies; and (2) specified international commissions. Authorizes additional appropriations for FY 1996, conditioned on certain U.S. Government actions promoting attendance at the U.N. Fourth World Conference on Women in Beijing, China, by accredited nongovernmental organizations. (Sec. 304) Declares the sense of the Congress that the Secretary of State, in allocating the level of resources for international organizations, should pay particular attention to funding levels of the inter-American organizations. Chapter 2: General Provisions - Sets forth circumstances under which the United States may participate in an international criminal court. (Sec. 312) Prohibits the use of funds: (1) to pay the U.S. contribution to any international organization which engages in the direct or indirect promotion of the doctrine of one world government or one world citizenship; or (2) for the direct or indirect promotion of such doctrine. (Sec. 313) Prohibits the use of funds to pay U.S. membership in the International Labor Organization (ILO), the U.N. Industrial Development Organization (UNIDO), the Inter-American Indian Institute, the Pan American Railway Congress Association, or the Interparliamentary Union. (Sec. 314) Prohibits, until the President makes a certain certification to the Congress, the obligation of funds for: (1) reporting to the Human Rights Committee in accordance with the International Covenant on Civil and Political Rights; or (2) responding to any Committee's effort to use such Covenant to resolve claims by other Covenant parties that the United States is not fulfilling its obligations under it. States that such certification is that the Human Rights Committee has: (1) revoked its General Comment No. 24 adopted on November 2, 1994; and (2) expressly recognized the validity as a matter of international law of the reservations, understandings, and declarations contained in the U.S. instrument of ratification of the International Covenant. (Sec. 315) Requires the Secretary of State to report to specified congressional committees on U.S. participation in single-commodity international organizations. (Sec. 316) Prohibits the use of funds for any U.S. contribution to the International Natural Rubber Organization or the International Tropical Timber Organization. (Sec. 318) Directs the Comptroller General to study and report to the Congress on the cost-effectiveness and efficiency of the 51 organizations to which the United States makes contributions through the Department of State. (Sec. 319) Declares the sense of the Congress that the U.N. Fourth World Conference on Women in Beijing, China, should promote a representative American perspective on issues of equality, peace, and development, and in the event the United States sends a delegation to it, such delegation should use the voice and vote of the United States: (1) to ensure that the biological and social activity of motherhood is recognized as a valuable and worthwhile endeavor that should in no way be demeaned by society or by the state; (2) to ensure that the traditional family is upheld as the fundamental unit of society upon which healthy cultures are built and, therefore, receives esteem and protection by society and the state; and (3) to define or agree with any definitions that define gender as the biological classification of male and female, which are the two sexes of the human being. Title IV: United States Informational, Educational, and Cultural Programs - Chapter 1: Authorizations of Appropriations - Authorizes appropriations for FY 1996 through 1999 to carry out specified international information activities and educational and cultural exchange programs. (Sec. 402) Authorizes appropriations for FY 1996 through 1999 for the National Endowment for Democracy. Chapter 2: USIA and Related Agencies Authorities and Activities - Prohibits the use of funds by any Federal agency to participate in an international fair, pavilion, or other major exhibit at any international exposition or world's fair in excess of authorized amounts. (Sec. 412) Authorizes the Director of the United States Information Agency (USIA) to continue to administer an au pair program on a world-wide basis through FY 1999. (Sec. 413) Directs the Director of USIA to carry out a pilot program to determine the feasibility and advisability of permitting advertisements on USIA television and radio broadcasts. (Sec. 414) Authorizes the Director of USIA to make computer readable multilingual text and recorded speech in various languages available to the Linguistic Data Consortium of the University of Pennsylvania. (Sec. 415) Requires the Director of USIA to submit to the Congress a plan for the establishment and operation of Radio Free Asia. (Sec. 416) Amends the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 to expand the Edmund S. Muskie Fellowship Program (graduate law and business training program) to bring to the United States for study students from Albania, Bulgaria, Croatia, Czech Republic, Hungary, Poland, Romania, Slovenia, and the Former Yugoslav Republic of Macedonia. Adds to the selection criteria academic and leadership potential in the fields of journalism, library and information science, and public policy. (Sec. 417) Amends the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 to authorize the Director of USIA to enter into a contract for the construction of the Voice of America Tinian. Amends the United States Information and Educational Exchange Act of 1948 to extend through March 1, 1997, the authority permitting the second fiscal year of a two-year authorization for any account of the USIA to be appropriated to any other USIA account. (Sec. 418) Directs the Comptroller General to conduct a study on: (1) the purposes and activities of the North-South Center, East-West Center, Asia Foundation, and the National Endowment for Democracy, and on the extent to which such organizations' activities duplicate activities conducted elsewhere in the U.S. Government; and (2) the activities of the North-South Center located in Miami, Florida, that had the effect of encouraging the Congress to approve implementing legislation for the NAFTA. (Sec. 420) Amends the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 to revise requirements for the Mansfield Fellowship Program to subject allowances and benefits to criteria established by the Mansfield Center for Pacific Affairs. (Sec. 421) Authorizes the Director of the U.S. Information Agency to make available for distribution within the United States the documentary "The Fragile Ring of Life," a film about coral reefs around the world. Title V: United States Arms Control and Disarmament Agency and the Agency for International Development - Authorizes appropriations for FY 1996 to carry out the Arms Control and Disarmament Act. (Sec. 502) Amends the Arms Control and Disarmament Act to declare that nothing in such Act shall be construed to authorize any Government action which would interfere with, restrict, or prohibit the acquisition, possession, or use of firearms by an individual for the lawful purpose of personal defense, sport, recreation, education, or training. (Sec. 503) Amends the Foreign Assistance Act of 1961 to authorize appropriations for FY 1996 and 1997 for operating expenses of: (1) the agency primarily responsible for administering development assistance under such Act; and (2) the office of the inspector general of such agency. Title VI: Foreign Policy - Repeals specified laws relating to certain interparliamentary groups. (Sec. 602) Amends Federal law to eliminate the three executive branch members of the Commission on Security and Cooperation in Europe (thus leaving Commission membership congressional only). (Sec. 603) Amends the Immigration and Nationality Act to revise the definition of "refugee" to provide that a person who has been forced to have an abortion or undergo involuntary sterilization, or who has been persecuted for refusing to do so, or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion. States that anyone with a well-founded fear that he or she will be forced to undergo such a procedure, or be subjected to persecution for such failure, refusal, or resistance, shall be deemed to have a well-founded fear of persecution on account of political opinion. (Sec. 604) Directs the Secretary of the Treasury to approve all applications for licenses under specified regulations to permit payments with respect to goods or services exported before a certain date, directly or indirectly to Iraq or Kuwait, or for the benefit of the Government of Iraq, notwithstanding the failure of such applications to satisfy the requirement that a letter of credit be issued or confirmed by a U.S. bank, or that the letter of credit reimbursement be confirmed by a U.S. bank. Requires issuance of such licenses within 30 days after enactment of this Act. (Sec. 605) Amends the United States-Hong Kong Policy Act of 1992 to extend from March 31, 1995, to March 31, 1996, the deadline for a required Secretary of State report to the Congress on conditions in Hong Kong of interest to the United States. Sets forth additional requirements with respect to such report. (Sec. 606) Amends the Taiwan Relations Act to supercede the Joint Communique of the United States and China of August 17, 1982, with respect to the Act's provision that the United States will make defense articles and defense services available to Taiwan in quantities necessary to enable Taiwan to maintain a sufficient self- defense capability. (Sec. 607) Renames the Taipei Economic and Cultural Representative Office the Taipei Representative Office. (Sec. 608) Requires the Secretary of State to report annually to the Chairman of the Committee on Foreign Relations and the Speaker of the House on conditions in Tibet and on the state of relations between the United States and those recognized by Congress as the true representatives of the Tibetan people, the Dalai Lama, his representatives, and the Tibetan Government in exile. States the sense of the Congress that whenever an executive branch report is transmitted to the Congress on a country-by-country basis, such report should include, where applicable, a separate report on Tibet listed alphabetically with its own state heading. (Sec. 609) Special Envoy for Tibet Act of 1995 - Establishes within the Department of State a U.S. Special Envoy for Tibet, appointed by the President, by and with the advice and consent of the Senate. Sets forth the duties of such Envoy, including: (1) to promote negotiations between the Dalai Lama and senior members of the Government of China; (2) coordinate U.S. Government policies, programs, and projects concerning Tibet; and (3) consult with the Congress on policies relevant to Tibet and the future and welfare of all Tibetan people. (Sec. 610) Prohibits the use of funds for resettlement in the United States, or to provide education, medical examinations, training, screening, or otherwise facilitate the admission into the United States of Iraqi nationals seeking refugee status who are in Saudi Arabia or Turkey as of enactment of this Act. (Sec. 611) Expresses the sense of the Congress that the President should appoint a special envoy to: (1) offer assistance in facilitating a negotiated settlement to the conflict in Nagorno- Karabakh; and (2) press for the development of an oil pipeline through Azerbaijan, Armenia, and Turkey. (Sec. 612) Directs the President to report to the appropriate congressional committees on Cuba's methods for enforcing the U.S.-Cuba agreement of September 1994 to restrict Cuban emigration to the United States, and the treatment by the Cuban Government of persons who have been returned to Cuba pursuant to the U.S.-Cuba agreement of May 1995. (Sec. 613) Directs the President to outline to the Congress a U.S. plan to identify and respond to the threat of emerging infectious diseases to the health of the U.S. people. (Sec. 614) Requires the Under Secretary of State for International Security to report to the Congress on: (1) firms engaged in the export of dual-use items; and (2) measures to be taken to strengthen U.S. export-control mechanisms with respect to such items. (Sec. 615) Prohibits the United States from transferring certain arms to Indonesia until the Secretary of State reports to specified congressional committees that significant progress has been made on human rights in East Timor and elsewhere in Indonesia. (Sec. 616) Middle East Peace Facilitation Act of 1995 - Declares the sense of the Congress specifying additional steps the PLO must take to demonstrate an irrevocable denunciation of terrorism and ensure a peaceful settlement of the Middle East dispute. Authorizes the President to suspend specified provisions of law which prohibit foreign and U.N. assistance to the PLO, the receipt or expenditure of PLO funds, and PLO membership in the International Monetary Fund, upon certification to specified congressional committees that: (1) such waiver is in the national interest; (2) the PLO continues to comply with all commitments made in letters to Israel and the Foreign Minister of Norway and under the Declaration of Principles signed in September 1993; and (3) specified funds provided under this Act and other Acts have been used for the purposes for which they were intended. Makes such suspensions effective for up to six months. Specifies additional certifications necessary before U.S. assistance may be provided. Directs the President to ensure continuous monitoring of PLO performance, and to inform the appropriate congressional committees if such performance is not complying with the requirements of this Act. Division B: Consolidation and Reinvention of Foreign Affairs Agencies - Foreign Affairs Reinvention Act of 1995 - Specifies the purposes of this division to include to: (1) consolidate and reinvent U.S. foreign affairs agencies within the Department of State; and (2) assist congressional efforts to balance the Federal budget by 2002. Title XI (sic): Organization of the Department of State and Foreign Service - Amends the State Department Basic Authorities of 1956 to make the Secretary of State: (1) the principle foreign policy adviser to the President; (2) responsible for the overall direction, coordination, and supervision of U.S. foreign relations and for the interdepartmental activities of the U.S. Government abroad. Revises the organization of the Department of State, eliminating and creating specified official positions. (Sec. 1108) Limits the number of Department of State employees for FY 1996 through 1998. (Sec. 1109) Directs the Secretary of State to develop a worldwide plan for the consolidation of U.S. missions and consular posts abroad. (Sec. 1110) Amends the Foreign Service Act of 1980 to require the head of each department, agency, or entity in the executive branch to ensure, in coordination with the Secretary of State, that the approval of the chief of mission to a foreign country is sought on any proposed change in the size, composition, or mandate of employees performing duties in that country (excluding those under the command of a U.S. area military commander). Authorizes the Secretary of State, in his or her sole discretion, to accord diplomatic titles, privileges, and immunities to such employees. Directs the President to report to specified congressional committees on the procedures contained in National Security Decision Directive Number 38, as in effect on June 2, 1982, and the practices in their implementation, to determine their effectiveness in significantly enhancing the coordination among the several departments, agencies, and entities of the executive branch represented in foreign countries. (Sec. 1111) Directs the President to report to the Congress on the advisability and desirability of integrating the U.S. and Foreign Commercial Service and the Foreign Agricultural Service into the Foreign Service. Title XII: United States Arms Control and Disarmament Agency - Amends the Arms Control and Disarmament Act to abolish the U.S. Arms Control and Disarmament Agency. (Sec. 1203) Makes conforming amendments with respect to the transfer of specified authorities to the Department of State and the Secretary of State, respectively. Title XIII: United States Information Agency - Abolishes the U.S. Information Agency (USIA). (Sec. 1304) Amends the United States Information and Educational Exchange Act of 1948 and other specified Federal law to make conforming amendments with respect to the transfer of specified authorities to the Department of State and the Secretary of State, respectively. Title XIV: Agency for International Development and the International Development Cooperation Agency - Abolishes the Agency for International Development and the International Development Cooperation Agency (except components expressly established by statute or reorganization plan). (Sec. 1402) Amends the Foreign Assistance Act of 1961 and other specified Federal law to make conforming amendments with respect to the transfer of such agencies' functions to the Department of State and the Secretary of State, respectively. Title XV: Proposed Reorganization of the United Nations - Declares the sense of the Congress that the United States lead a comprehensive review of the United Nations to identify reforms to the U.N. system that will produce a smaller, more focused, more efficient United Nations with clearly defined missions are in the interest of the United States and of the United Nations. (Sec. 1502) Directs the President to submit to the Congress a plan recommending a strategic reorganization of the United Nations, including consolidation, abolition, or restructuring of its programs, funds, and organizations, including among other components: (1) consolidation of U.N. technical cooperation activities between U.N. Headquarters and the U.N. office in Geneva, Switzerland, to create a unified agency for technical cooperation for sustainable development with a microenterprise lending capacity merging the functions of specified current U.N. programs and funds; and (2) the consolidation of the U.N. emergency response mechanism by merging other specified functions. Title XVI: Plan for Reorganization of United States Export Promotion and Trade Activities - Directs the President to report to specified congressional committees on what steps are being taken to improve access, coordination, and efficiency among trade promotion organizations and U.S. agencies. Title XVII: Transition Provisions - Sets forth transition administrative provisions regarding: (1) the Secretary of State's reorganization authorities; (2) the transfer of personnel; (3) the submission of reorganization plans for the abolished agencies; (4) congressional consideration of such plans; (5) the establishment of, and authorization of appropriations for, the Foreign Affairs Reorganization Transition Fund; (6) voluntary separation incentives; (7) rights of employees of abolished agencies; (8) transfer and allocation of appropriations and personnel; and (9) a report to the Congress detailing a final accounting of the finances and operations of the abolished agencies.
Bill· SS. 1437 (104th)open
United States · United States Congress · 29 November 1995
Diabetes Research Act of 1995 - Authorizes appropriations, in addition to any other authorization of appropriations, for the conduct and support of diabetes research by the National Institutes of Health (NIH). Requires that, of the amounts appropriated under this authorization, the NIH reserve a specified amount for the National Institute of Diabetes and Digestive and Kidney Diseases and the remainder for the other national research institutes.
Law· HRH.R. 2685 (104th)enacted
United States · United States Congress · 29 November 1995
Amends the Social Security Act to repeal the mandate for the Medicare and Medicaid Coverage Data Bank (added by the Omnibus Budget Reconciliation Act of 1993).
Bill· HRH.R. 2690 (104th)open
United States · United States Congress · 29 November 1995
Genetic Privacy and Nondiscrimination Act of 1995 - Establishes limitations with respect to the disclosure and use of genetic information. Prohibits disclosure of genetic information about an individual unless specifically authorized by the individual involved, or the individual's legal representative, through a written authorization which includes a description of the information being disclosed, the name of the individual or entity to whom the disclosure is being made, and the purpose of the disclosure. Allows such a disclosure if it is: (1) authorized under Federal or State criminal laws relating to the identification of individuals, or as is necessary for the purpose of a criminal or death investigation, a criminal or juvenile proceeding, an inquest, or a child fatality review by a multidisciplinary child abuse team; (2) required under the specific order of a Federal or State court; (3) authorized under Federal or State law for the purpose of establishing paternity; (4) intended to furnish genetic information relating to a decedent to the decedent's blood relatives for the purpose of medical diagnosis; or (5) intended for the identification of bodies. (Sec. 5) Prohibits any employer from seeking to obtain, obtaining, or using the genetic information of an employee or a prospective employee, or requiring a genetic test of an employee or prospective employee, to distinguish between or discriminate against or restrict any right or benefit otherwise due or available to the employee or prospective employee. Provides for enforcement of such prohibition through the same powers, procedures, and remedies that are provided to a person alleging a violation under specified provisions of the Civil Rights Act of 1964. (Sec. 6) Prohibits an insurer offering health insurance from using genetic information to reject, deny, limit, cancel, refuse to renew, increase the rates of, or otherwise affect health insurance. Requires, if an insurer requests that an insurance applicant (other than a health insurance applicant) take a genetic test, that: (1) the use of the results of such test be disclosed to the applicant; and (2) the insurer obtain the applicant's specific written authorization for such disclosure. Prohibits an insurer from using such a genetic test as an inducement for the purchase of insurance. (Sec. 7) Directs the National Bioethics Advisory Commission to report to the appropriate congressional committees its recommendations on the development and implementation of appropriate standards: (1) to provide increased protection for the collection, storage, and use of identifiable DNA samples and genetic information obtained from those samples; and (2) for the acquisition and retention of genetic information in all settings, including appropriate exceptions.
Bill· HRH.R. 2684 (104th)open
United States · United States Congress · 29 November 1995
Senior Citizens' Right to Work Act of 1995 - Amends title II (Old-Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide, through adjustments in the monthly exempt amount, for increases in the amounts of allowable earnings under the Social Security earnings limit for individuals who have attained retirement age. Retains the current limit on substantial gainful activity earnings applicable to individuals under age 65 who are eligible for disability benefits based on blindness. (Sec. 3) Establishes a Continuing Disability Review Administration Revolving Account for OASDI disability benefits in the Federal Disability Insurance Trust Fund. Directs the Chief Actuary of the Social Security Administration (SSA) to estimate annually the present value of savings to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund which will accrue for all years as a result of cessation of benefit payments resulting from continuing disability reviews carried out pursuant to specified requirements during the fiscal year. Directs the Managing Trustee to: (1) transfer to the Account from amounts otherwise in the Trust Fund an amount equal to the estimated savings certified by the Chief Actuary; and (2) make available to the Commissioner of Social Security from funds in the Account an amount certified by the Chief Actuary as currently required to meet expenditures necessary to provide for required continuing disability reviews (including expenditures for the cost of staffing, training, purchase of medical and other evidence, and processing related to appeals and overpayments and related indirect costs). Includes under required information in a specified annual report a final accounting of amounts transferred to the Continuing Disability Review Administration Revolving Account in the Federal Disability Insurance Trust Fund during the year, the amount made available from such Account during such year pursuant to certifications made by the Chief Actuary of the SSA and expenditures made by the Commissioner of Social Security for the specified purposes during the year, including a comparison of the number of continuing disability reviews conducted during the year with the estimated number of continuing disability reviews upon which the estimate of such expenditures was made. Terminates the Continuing Disability Review Administration Revolving Account at the end of FY 2002, and provides that any balance in such Account shall revert to funds otherwise available in the Federal Disability Insurance Trust Fund. Provides for appointment by the Commissioner of a Chief Actuary in the SSA. (Sec. 4) Bases entitlement of stepchildren to child's insurance benefits solely on their actual dependency on stepparent support. Repeals the requirement that the stepchild actually be living with the stepparent. Requires termination of any child's insurance benefits based on the wages and self-employment income of the stepparent six months after the Commissioner is formally notified of the natural parent's divorce from the stepparent. (Sec. 5) Extends the length of time required for recomputation of benefits after normal retirement age. (Sec. 6) Eliminates the role of the SSA in processing attorney's fees. Prohibits any person, agent, or attorney from charging in excess of $4,000 (or, if the Commissioner approves, a higher fee) for services performed in connection with any claim before the Commissioner. Directs a court, in determining a reasonable fee, to take into consideration the amount of the fee, if any, that an attorney may charge the claimant for services (eliminating the current limitation of such fee to 25 percent of the total past-due benefits to which a judgment entitles the claimant). (Sec. 7) Provides that an individual shall not be considered to be disabled for OASDI purposes, or for supplemental security income (SSI) purposes under title XVI of the Act (thus denying them benefits), if alcoholism or drug addiction would be a contributing factor material to the determination of disability. (Continues disability benefits based on a separate disabling condition to individuals also disabled by drug addiction or alcoholism.) Requires the payment of OASDI or SSI benefits based on disability to a representative payee if such payment would serve the interest of an individual who also has an alcoholism or drug addiction condition that prevents the individual from managing such benefits. Requires the Commissioner to refer such individual to the appropriate State agency administering the approved State plan for substance abuse treatment services. Appropriates additional specified amounts to supplement State and Tribal alcohol and substance abuse treatment programs funded under the Public Health Service Act. Requires State or Tribal governments receiving such an allotment to consider as priorities activities relating to the treatment of the abuse of alcohol and other drugs. (Sec. 8) Permits members of the clergy to file to revoke their exemption from social security tax coverage under the Internal Revenue Code.
Bill· HRH.R. 2691 (104th)referred
United States · United States Congress · 29 November 1995
Public Health Equity Act - Amends the Public Health Service Act to define "covered substance" to mean certain hazardous materials, substances, contaminants, or chemicals listed, identified, or defined in specified laws. Prohibits any entity receiving Federal financial assistance from subjecting an individual, on the ground of race, color, or national origin, to a disproportionate level of exposure to any covered substance. Applies specified compliance provisions of the Civil Rights Act of 1964 to that prohibition. Provides for termination of all or part of the Federal financial assistance.
Bill· SS. 1432 (104th)open
United States · United States Congress · 28 November 1995
Senior Citizens' Right to Work Act of 1995 - Amends title II (Old-Age, Survivors, and Disability Benefits) (OASDI) of the Social Security Act to provide, through adjustments in the monthly exempt amount, for increases in the amounts of allowable earnings under the Social Security earnings limit for individuals who have attained retirement age. Retains the current limit on substantial gainful activity earnings applicable to individuals under age 65 who are eligible for disability benefits based on blindness. (Sec. 3) Establishes a Continuing Disability Review Administration Revolving Account for OASDI disability benefits in the Federal Disability Insurance Trust Fund. Directs the Chief Actuary of the Social Security Administration (SSA) to estimate annually the present value of savings to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund which will accrue for all years as a result of cessation of benefit payments resulting from continuing disability reviews carried out pursuant to specified requirements during the fiscal year. Directs the Managing Trustee to: (1) transfer to the Account from amounts otherwise in the Trust Fund an amount equal to the estimated savings certified by the Chief Actuary; and (2) make available to the Commissioner of Social Security from funds in the Account an amount certified by the Chief Actuary as currently required to meet expenditures necessary to provide for required continuing disability reviews (including expenditures for the cost of staffing, training, purchase of medical and other evidence, and processing related to appeals and overpayments and related indirect costs). Includes under required information in a specified annual report a final accounting of amounts transferred to the Continuing Disability Review Administration Revolving Account in the Federal Disability Insurance Trust Fund during the year, the amount made available from such Account during such year pursuant to certifications made by the Chief Actuary of the SSA and expenditures made by the Commissioner of Social Security for the specified purposes during the year, including a comparison of the number of continuing disability reviews conducted during the year with the estimated number of continuing disability reviews upon which the estimate of such expenditures was made. Terminates the Continuing Disability Review Administration Revolving Account at the end of FY 2002, and provides that any balance in such Account shall revert to funds otherwise available in the Federal Disability Insurance Trust Fund. Provides for appointment by the Commissioner of a Chief Actuary in the SSA. (Sec. 4) Bases entitlement of stepchildren to child's insurance benefits solely on their actual dependency on stepparent support. Repeals the requirement that the stepchild actually be living with the stepparent. Requires termination of any child's insurance benefits based on the wages and self-employment income of the stepparent six months after the Commissioner is formally notified of the natural parent's divorce from the stepparent. (Sec. 5) Extends the length of time required for recomputation of benefits after normal retirement age. (Sec. 6) Eliminates the role of the SSA in processing attorney fees. Prohibits any person, agent, or attorney from charging in excess of $4,000 (or, if the Commissioner approves, a higher fee) for services performed in connection with any claim before the Commissioner. Directs a court, in determining a reasonable fee, to take into consideration the amount of the fee, if any, that an attorney may charge the claimant for services (eliminating the current limitation of such fee to 25 percent of the total past-due benefits to which a judgment entitles the claimant). (Sec. 7) Provides that an individual shall not be considered to be disabled for OASDI purposes, or for supplemental security income (SSI) purposes under title XVI of the Act (thus denying them benefits), if alcoholism or drug addiction would be a contributing factor material to the determination of disability. (Continues disability benefits based on a separate disabling condition to individuals also disabled by drug addiction or alcoholism.) Requires the payment of OASDI or SSI benefits based on disability to a representative payee if such payment would serve the interest of an individual who also has an alcoholism or drug addiction condition that prevents the individual from managing such benefits. Requires the Commissioner to refer such individual to the appropriate State agency administering the approved State plan for substance abuse treatment services. Appropriates additional specified amounts to supplement State and Tribal alcohol and substance abuse treatment programs funded under the Public Health Service Act. Requires State or Tribal governments receiving such an allotment to consider as priorities activities relating to the treatment of the abuse of alcohol and other drugs. (Sec. 8) Permits members of the clergy to file to revoke their exemption from social security tax coverage under the Internal Revenue Code.
Law· HJRESH.J.Res. 123 (104th)enacted
United States · United States Congress · 17 November 1995
Makes further continuing appropriations for FY 1996 for such amounts as may be necessary for the following activities: (1) necessary for the expenses of Medicare contractors under title XVIII (Medicare) of the Social Security Act under the account heading "Program management" under the Health Care Financing Administration in the Department of Health and Human Services; (2) funded under the account heading "Limitation on administrative expenses" under the Social Security Administration; and (3) necessary to process and provide for veterans' compensation, pension payments, dependency and indemnity compensation (DIC) payments, and to provide veterans' medical care under the Department of Veterans Affairs. Sets the amount of such funding. (Sec. 105) Provides that, unless otherwise provided for in this joint resolution or in the applicable appropriations Act, appropriations and funds made available and authority granted pursuant to this joint resolution shall be available until whichever of the following occurs first: (1) enactment into law of an appropriation for any project or activity provided for in this joint resolution; (2) the enactment of the applicable appropriations Act by both Houses without any provision for such project or activity; or (3) September 30, 1996.
Bill· HRH.R. 2654 (104th)referred
United States · United States Congress · 16 November 1995
Victims of Abuse Insurance Protection Act - Prohibits insurers and health carriers from engaging in specified acts (such as denying, terminating, or limiting coverage) on the basis that the applicant or insured (or any person with whom the applicant or insured is associated) is, has been, or may be the subject of abuse involving household or family members, current or former spouses, or individuals in or formerly in a sexually intimate relationship. Prohibits insurers from using, disclosing, or transferring information about an applicant's or insured's abuse status or abuse-related medical condition for any purpose unrelated to the direct provision of health care unless required by an order of an insurance regulatory entity, a court order, or abuse reporting laws. Requires an insurer that takes any adverse action relating to any plan or policy of an abuse subject (whether applicant or insured) to advise such individual of the specific reasons for the action. Regulates subrogation of claims resulting from abuse. Empowers the Federal Trade Commission to examine and investigate any insurer regarding compliance with this Act. Provides for a private cause of action against the insurer in Federal or State court by an abuse subject applicant or insured claiming to be adversely affected by an act or practice of the insurer.
Bill· SS. 1416 (104th)referred
United States · United States Congress · 15 November 1995
Genetic Privacy and Nondiscrimination Act of 1995 - Establishes limitations with respect to the disclosure and use of genetic information. Prohibits disclosure of genetic information about an individual unless specifically authorized by the individual involved, or the individual's legal representative, through a written authorization which includes a description of the information being disclosed, the name of the individual or entity to whom the disclosure is being made, and the purpose of the disclosure. Allows such a disclosure if it is: (1) authorized under Federal or State criminal laws relating to the identification of individuals, or as is necessary for the purpose of a criminal or death investigation, a criminal or juvenile proceeding, an inquest, or a child fatality review by a multidisciplinary child abuse team; (2) required under the specific order of a Federal or State court; (3) authorized under Federal or State law for the purpose of establishing paternity; (4) intended to furnish genetic information relating to a decedent to the decedent's blood relatives for the purpose of medical diagnosis; or (5) intended for the identification of bodies. (Sec. 5) Prohibits any employer from seeking to obtain, obtaining, or using the genetic information of an employee or a prospective employee, or requiring a genetic test of an employee or prospective employee, to distinguish between or discriminate against or restrict any right or benefit otherwise due or available to the employee or prospective employee. Provides for enforcement of such prohibition through the same powers, procedures, and remedies that are provided to a person alleging a violation under specified provisions of the Civil Rights Act of 1964. (Sec. 6) Prohibits an insurer offering health insurance from using genetic information to reject, deny, limit, cancel, refuse to renew, increase the rates of, or otherwise affect health insurance. Requires, if an insurer requests that an insurance applicant (other than a health insurance applicant) take a genetic test, that: (1) the use of the results of such test be disclosed to the applicant; and (2) the insurer obtain the applicant's specific written authorization for such disclosure. Prohibits an insurer from using such a genetic test as an inducement for the purchase of insurance. (Sec. 7) Directs the National Bioethics Advisory Commission to report to the appropriate congressional committees its recommendations on the development and implementation of appropriate standards: (1) to provide increased protection for the collection, storage, and use of identifiable DNA samples and genetic information obtained from those samples; and (2) for the acquisition and retention of genetic information in all settings, including appropriate exceptions.
Bill· HRH.R. 2618 (104th)open
United States · United States Congress · 10 November 1995
Amends the Controlled Substances Act (CSA) to authorize the medical prescription of marihuana, subject to regulations to be promulgated by the Secretary of Health and Human Services. Establishes in the Department of Health and Human Services the Office for the Supply of Internationally Controlled Drugs which shall be responsible for regulating, administering, and supervising the domestic production of marihuana for distribution for medical, scientific, and research purposes. Directs the Secretary to take all necessary actions to secure and maintain a supply of marihuana adequate for the legitimate medical, research, scientific, and export needs of the United States. Directs: (1) the Office or its delegates, within four months of the end of the harvest of marihuana grown by registered bidders pursuant to contract with the Office, to take physical possession of the marihuana harvested; and (2) the Secretary to declare that a state of emergency exists if a supply of marihuana adequate to meet domestic medical, scientific, and research needs is not obtained through contractual arrangements with domestic registered bidders, in which case the Secretary shall make arrangements for the direct importation by the Office of an adequate supply, subject to specified requirements. Sets forth procedures for: (1) physicians to file written applications with the Office seeking permission to use marihuana in their practices; and (2) hospitals and pharmacies to obtain supplies of marihuana. Directs the Secretary to: (1) set a price for marihuana that will recoup, within a reasonable time, all of the costs incurred by the Government in producing, processing, and distributing marihuana; and (2) promulgate regulations to ensure an adequate supply of medically usable marihuana and to ensure proper safeguards to prevent its diversion to other than legitimate channels. Sets penalties for using an order form for the distribution of medicinal marihuana in a manner prohibited under the CSA or to furnish such a form in violation of the CSA. Amends the Federal Food, Drug, and Cosmetic Act to provide that: (1) the approval of the Secretary shall not be required for the introduction or delivery of marihuana into interstate commerce in compliance with the CSA; and (2) marihuana is defined as a prescription drug for specified purposes and only physicians who are eligible to obtain marihuana under the CSA may issue written prescriptions authorizing the dispensing of marihuana. Authorizes appropriations. Sets forth interim provisions.
Bill· HRH.R. 2601 (104th)referred
United States · United States Congress · 9 November 1995
Bottled Water Standards Act of 1995 - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services, after the Administrator of the Environmental Protection Agency promulgates a national primary drinking water regulation for a contaminant under the Safe Drinking Water Act, to issue a regulation for that contaminant in bottled water or make a finding that a regulation is not necessary to protect the public health because the contaminant is not present in bottled water. Specifies that such a regulation shall take effect on the date on which the final regulation of the maximum contaminant level (MCL) takes effect. Requires the relevant MCL to provide protection of public health equivalent to the MCL provided in the national primary drinking water regulation. Makes the drinking water regulation the standard for bottled water if the Secretary fails to establish a regulation.
Bill· HRH.R. 2608 (104th)referred
United States · United States Congress · 9 November 1995
Health Care Consumer Protection Act of 1995 - Requires health insurers to provide notice regarding the extent of plan coverage to enrollees annually and to potential enrollees on request. Requires that, under a health plan, the determination of what is medically necessary and appropriate for a patient be made only by a health care practitioner directly involved in the patient's care. Requires an insurer to pay for a service that is so determined if the service is covered by the plan. Mandates regulations to ensure against insurers offering monetary rewards, penalties, or inducements to a practitioner, or conditioning continued practitioner participation in the plan, on the basis of the practitioner's decisions to limit the availability of appropriate tests, services, or treatments. Imposes a civil monetary penalty for violations of this Act. Prohibits insurers from including provisions in a plan to hold itself harmless for liability. Prohibits States from establishing or enforcing standards weaker than those of this Act.
Bill· HRH.R. 2600 (104th)referred
United States · United States Congress · 8 November 1995
Amends title XVIII (Medicare) of the Social Security Act to extend Medicare part A (Hospital Insurance) coverage to any Food and Drug Administration-approved oral drug prescribed as an anticancer nonsteroidal antiestrogen or nonsteroidal antiandrogen agent for a given indication. Provides for uniform coverage of such drugs in all settings.
Bill· SS. 1385 (104th)referred
United States · United States Congress · 2 November 1995
Colorectal Cancer Screening Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to prescribe frequency and payment limits under Medicare part B (Supplementary Medical Insurance) for screening fecal-occult blood tests, flexible sigmoidoscopies, barium enemas, and other appropriate screening procedures for colorectal cancer, such as a colonoscopy.
Bill· HRH.R. 2571 (104th)referred
United States · United States Congress · 1 November 1995
TABLE OF CONTENTS: Title I: State Programs for Long-Term Care Services for Needy Individuals with Disabilities Subtitle A: State Long-Term Care Programs Subtitle B: Increase in SSI Personal Needs Allowance Subtitle C: Repeal of Coverage Under the Medicaid Program of Long-Term Care Services Title II: Tax Treatment of Long-Term Care Insurance and Services Title III: Long-Term Care Insurance Reform Subtitle A: General Provisions Subtitle B: Federal Standards and Requirements Subtitle C: Enforcement Subtitle D: Recommendations for Consumer Education Program Title IV: Financing Comprehensive Long-Term Care Reform Act of 1995 - Title I: State Programs for Long-Term Care Services for Needy Individuals with Disabilities - Subtitle A: State Long-Term Care Programs - Entitles each State with a plan, approved under section 102, for long-term care services furnished to needy individuals with disabilities to payment in accordance with provisions of this title. (Sec. 102) Sets forth requirements a State plan for long-term care services for needy individuals with disabilities must meet in order to be approved, including: (1) eligibility requirements which will provide for the initial screening of individuals who appear to have a reasonable likelihood of being individuals with disabilities; (2) services requirements; (3) cost sharing requirements; (4) provider requirements; (5) budget requirements; and (6) quality assurance requirements. Permits provider reimbursement methods to include retrospective reimbursement on a fee-for-service basis, prepayment on a capitation basis, payment by cash or vouchers to individuals with disabilities, or any combination of these methods. Restricts payment to providers agreeing to accept plan payment as payment in full. Requires the plan to assure that, in the case of an individual receiving medical assistance for home and community-based services under Medicaid, a State will continue to make available an appropriate level of assistance for home and community-based services. Requires each State plan to provide for the establishment and maintenance of an advisory group to advise the State on all aspects of the plan. Requires coordination of the plan with other Federal and State plans assisting individuals with disabilities. (Sec. 103) Defines the term individual with disabilities to mean: (1) individuals requiring help with activities of daily living; (2) individuals with severe cognitive or mental impairment; (3) individuals with severe or profound mental retardation; or (4) severely disabled children. Defines a needy individual as an individual whose income is less than 100 percent of the official poverty line and whose resources are less than a specified amount. (Sec. 104) Requires a State plan to provide for long-term care services if provided pursuant to a comprehensive assessment of an individual's need has been made and an individual plan of care is developed by a care manager. Defines long-term care services, institutional services, home and community services, and personal assistance services. (Sec. 105) Directs that under a State plan nominal cost-sharing may be imposed with respect to home and community-based services. (Sec. 107) Provides for the establishment of a Federal advisory group. (Sec. 108) Sets forth a formula for determining payments to States. (Sec. 109) Requires the Comptroller General to submit a report to the Congress on a study of the estimated need for Federal payments to the States under this title for FY 1998, by no later than February 1997. Establishes the total Federal budget level for State plans in FY 1998 as the amount authorized and appropriated by the Congress. Sets forth a formula for determining allotments to States. Subtitle B: Increase in SSI Personal Needs Allowance - Amends title XVI (Supplemental Security Income) of the Social Security Act to increase the personal needs allowance. Subtitle C: Repeal of Coverage Under the Medicaid Program of Long-Term Care Services - Amends title XIX (Medicaid) of the Social Security Act to exempt a State from providing long-term care services to needy individuals with disabilities under Medicaid when coverage is provided under provisions of this Act. Title II: Tax Treatment of Long-Term Care Insurance and Services - Amends the Internal Revenue Code to treat qualified long-term care services as medical care for purposes of the medical expense deduction. Provides that the adjusted gross income threshold does not apply to amounts paid for qualified long-term care insurance and services. (Sec. 203) Provides for the treatment of long-term care insurance as accident and health insurance. (Sec. 204) Allows accelerated death benefits under life insurance contracts to be paid to terminally ill individuals. (Sec. 206) Excludes from gross income amounts withdrawn from individual retirement plans or certain pension plans to pay qualified long-term care insurance premiums. (Sec. 207) Provides for the nonrecognition of gain from the sale of a principal residence if the new residence is a qualified continuing care retirement community and the taxpayer has attained the age 55. Title III: Long-Term Care Insurance Reform - Subtitle A: General Provisions - Directs the Secretary of Health and Human Services to promulgate regulations to implement this title in accordance with a specified timetable. Subtitle B: Federal Standards and Requirements - Directs the Secretary to promulgate regulations: (1) designed to standardize formats and terminology used in long-term care insurance policies, to require insurers to provide to customers and beneficiaries information on the range of public and private long-term care coverage available, and to establish such other requirements as are appropriate to promote consumer understanding and comparison of benefits; (2) establishing requirements with respect to the terms of and benefits under long-term care insurance policies; (3) establishing requirements applicable to premiums for long-term care policies; (4) establishing requirements applicable to the sale or offering for sale of long-term care insurance policies; (5) establishing requirements applicable to the renewal, replacement, conversion, and cancellation of long-term care insurance policies; and (6) establishing requirements with respect to claims for and payment of benefits under long-term care insurance policies. Subtitle C: Enforcement - Authorizes appropriations for grants to States which have an approved program to: (1) monitor insurers and policies; (2) investigate and resolve consumer complaints, which will include procedures for dispute resolution; and (3) provide technical assistance to insurers to help them understand and comply with the requirements of this subtitle, and other State laws, concerning long- term care policies and business practices. Subtitle D: Recommendations for Consumer Education Program - Directs the Secretary to design programs for educating consumers concerning long-term care and long-term care insurance. Title IV: Financing - Increases the excise taxes on cigarettes. Imposes floor stocks taxes on cigarettes removed before the tax increase and held on such date for sale, subject to exceptions.
Bill· SS. 1369 (104th)referred
United States · United States Congress · 31 October 1995
Medical Technology, Public Health, and Innovation Act of 1995 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to mandate the adoption of performance standards established by nationally and internationally recognized standard-setting entities regarding determining the safety and effectiveness of class III medical devices. Prohibits requiring, as a condition for premarket approval, conformity with such standards if the applicant submits data other than that required by the standard to demonstrate a reasonable assurance of safety and effectiveness. Requires, in lieu of requiring data demonstrating the conformity of a class III device with such a standard, acceptance of an applicant's certification that the device conforms with each standard identified in the application. (Sec. 4) Modifies premarket approval application requirements, including regulating the circumstances in which submission of preclinical data and information may be required. Requires acceptance of retrospective or historical clinical data as a control or for use in determining whether there is reasonable assurance of safety and effectiveness in certain circumstances. Prohibits requiring clinical trials using randomized controls for a modification to a device if specified conditions exist. Modifies requirements regarding action on premarket approval applications. Mandates elimination of premarket approval of supplements that relate to manufacturing and product changes of a device that can be demonstrated through appropriate methods to not affect safety or effectiveness adversely. (Sec. 5) Mandates exemption from requirements regarding notification preceding introduction of devices into interstate commerce concerning class I and II devices for which notification is not necessary to provide a reasonable assurance of safety and effectiveness. Prohibits requiring additional notifications for a change or modification to certain devices in specified circumstances. (Sec. 6) Modifies requirements regarding investigational device exemptions from certain requirements. (Sec. 7) Establishes the Food and Drug Policy and Performance Review Panel.
Resolution· SRESS.Res. 189 (104th)passed
United States · United States Congress · 31 October 1995
Designates November 1, 1995, as National Drug Awareness Day.
Bill· HRH.R. 2559 (104th)referred
United States · United States Congress · 30 October 1995
Health Care Tax Equity Act of 1995 - Amends the Internal Revenue Code to allow individuals an additional deduction of up to $1800 ($2400 for joint returns) for medical care not compensated for by insurance or otherwise. Reduces such deduction by the value of employer-provided medical coverage or government-paid medical expenses. Excludes such deduction when computing adjusted gross income.
Resolution· SRESS.Res. 188 (104th)referred
United States · United States Congress · 27 October 1995
Designates October 30, 1995, as National Drug Awareness Day.
Bill· SS. 1364 (104th)referred
United States · United States Congress · 26 October 1995
Endangered Species Conservation Act of 1995 - Amends the Endangered Species Act of 1973 (the Act) to revise the findings, purposes, and policy of the Act. Declares it to be congressional policy to conserve endangered and threatened species and to equally consider the conservation of listed species, preservation of economic growth, maintenance of a strong tax base, and protection against the diminishment of the use and value of private property. (Sec. 3) Revises definitions under the Act, including the definition of: (1) "critical habitat" to mean the specific areas within the geographic area occupied by an endangered or threatened species, at the time the species is listed, that contain such physical or biological features as are essential to the conservation of the species and the persistence of the species for at least seven human generations (with "human generation" meaning 20 years) and as may require special management considerations or protection; and (2) "endangered species" to mean any species that, if no action were taken under the Act, would be placed on an irreversible course to extinction within two human generations, with exceptions. (Sec. 4) Modifies provisions regarding the determination of an endangered or threatened species to require the Secretary of the Interior (Secretary) to: (1) make such determination on the basis of the best scientific and commercial data available after requesting the Endangered Species Commission (established under this Act) to conduct a scientific review; and (2) give priority to species the conservation of which is most likely to reduce the need to list other species dependent on the same habitat, and consideration to species identified as a known source of pharmaceutical or agricultural biochemicals. Requires the Secretary to designate, and make revisions regarding, critical habitat on the basis of the best new scientific data available. Specifies that: (1) the information shall include data documenting the biological vulnerability of, and threats to, the species or habitat of the species; and (2) failure to so document the information shall result in a presumption that the petition is inadequate. Directs the Secretary, if such a petition is found to present the information, to: (1) provide a copy of the petition to the State having jurisdiction over the area in which the species is believed to occur; and (2) invite the determination of the State as to whether the petitioned action is warranted, promptly request the Commission to conduct a scientific review of any new information presented by the petition with respect to the status of the species, and promptly publish each finding made in the Federal Register. Sets forth or modifies provisions regarding: (1) judicial review of such findings; (2) endangered species determinations with regard to foreign species; (3) notice of regulations (requiring a readily understandable, nontechnical explanation of the reasons for and purpose of the proposed regulation, an analysis concluding that the conservation benefit outweighs any negative conservation impact of the regulation, and a summary of the findings of the assessment team based on the required review); and (4) State review of such regulations (including scientific review of conflicts between the Secretary and the affected State). Requires the Commission to conduct, at least once every five years, a review of all species included in a list of endangered or threatened species and to report the results to the Secretary. Sets forth procedures for changes in the status of a species. Repeals provisions regarding the development and implementation of recovery plans by the Secretary for the conservation and survival of listed species. (Sec. 5) Directs the Secretary, in cooperation with the States having jurisdiction over areas in which listed species are believed to occur, on the basis of the best scientific and commercial data available, and considering the options presented by the Commission, to develop and implement conservation plans to provide for the conservation of the species and the habitats on which the species depend, with exceptions. Requires the Secretary, in developing a conservation objective and plan for a foreign species, to: (1) act in a manner consistent with the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Convention); and (2) cooperate with and support any conservation strategy adopted for the species by each foreign nation in which the species occurs. Directs the Secretary, Federal agencies, and the States to minimize adverse social and economic consequences and impacts on private property that may result from the implementation of conservation plans. Sets forth provisions regarding: (1) the establishment of conservation objectives; (2) schedules for conservation plan preparation; (3) priorities of plans; (4) alternative strategies; (5) procedures for the preparation of proposed and final plans; (6) publication of final plans; and (7) participation by other persons in developing and implementing such plans. Directs the Secretary to designate critical habitat that supports the conservation objective of the Secretary for the species and to revise a critical habitat designation. Permits the Secretary to elect not to designate any critical habitat for the species where the designation is not prudent or determinable. Requires that such designation or revision be made on the basis of the best scientific and commercial data available after taking into consideration the availability of substitute habitat in mitigation banks or from other sources and the economic or any other relevant impact. Directs the Secretary to exclude any area from critical habitat for which the Secretary determines that the benefits of the exclusion outweigh the benefits of designating the area as part of the critical habitat, unless the Secretary determines, on the basis of the best scientific and commercial data available, that the failure to designate the area as critical habitat will result in the extinction of the species for which the habitat is designated. Sets forth provisions regarding: (1) revision of critical habitat designation; (2) the effects of agency actions that are consistent with the conservation objective and plan; (3) alternative species protection; (4) interim management prior to publication of a final conservation plan or a conservation objective, the entering into of a cooperative management agreement, or the issuance of an incidental taking permit; (5) suspension of conservation plans or objectives; (6) reporting requirements; and (7) the standard of judicial review of agency decisions. (Sec. 6) Directs the Secretary and the Secretary of Agriculture to encourage persons to apply to exchange lands, waters, or interests therein under their jurisdiction (lands) (other than units of the National Park System, the National Wilderness Preservation System, the National Wildlife Refuge System, the National Wild and Scenic Rivers System, and the National Trails System) for lands that are not in Federal ownership and that are affected by the Act, provided that the lands to be exchanged are of approximately equal value. Sets forth provisions regarding: (1) appraisals; (2) environmental assessment; and (3) valuation. (Sec. 7) Requires the Secretary to cooperate to the maximum extent practicable with the States and other non-Federal persons, including consulting as appropriate before seeking to acquire land for the purpose of conserving any endangered or threatened species. Authorizes the Secretary to: (1) enter into cooperative management agreements (CMAs) with any State or group of States, political subdivision of a State, local government, or other non-Federal person for the management of a listed species, species proposed to be listed, or candidate species (i.e., species found warranted to be listed but precluded from listing because of pending proposals to list that are of a higher priority); and (2) designate any non-Federal person participating or assisting in the implementation of a CMA as a volunteer under the Fish and Wildlife Act of 1956. Directs the Secretary to provide technical assistance for the development and implementation of a CMA with a non-Federal person. Exempts the preparation, approval, and entering into of a CMA from specified requirements of the Act and of the National Environmental Policy Act of 1969. Specifies that: (1) except under extraordinary circumstances (in which case the Secretary shall have the burden of demonstrating and clearly documenting the existence of such circumstances), no additional measures to minimize and mitigate impacts on a species that is a subject of a CMA shall be required of a non-Federal party to the agreement that is in compliance with the agreement; and (2) with respect to any species that is a subject of such a CMA, under no circumstances shall a non-Federal party in compliance with the CMA be required to make any additional payment for any purpose, or accept any additional restriction on any parcel of land available for development or land management under the CMA, without the consent of the non-Federal party. Provides that a CMA shall remain in effect and shall not be required to be amended if a species to which the agreement does not apply is determined to be an endangered or threatened species. Sets forth or revises provisions regarding: (1) violations of CMAs; (2) requirements governing acquisition of water; and (3) Federal reclamation projects and contracts. Authorizes the Secretary to: (1) make grants to non-Federal persons, from appropriated funds, for the purpose of conserving, preserving, or improving habitat for an endangered or threatened species; and (2) enter into safe harbor agreements with non-Federal persons who own real property for the purpose of encouraging the voluntary management, restoration, or enhancement of non-Federal lands owned by such persons to conserve listed and candidate species. Requires the Secretary: (1) at the request of a State, to delegate to the State the authority to develop and implement a conservation plan for a listed species unless the Secretary determines that the State lacks authority and capability to carry out the requirements of the Act; and (2) to monitor the actions of States in developing and implementing conservation plans. (Sec. 8) Directs each Federal agency to ensure that any action authorized, funded, or carried out by the agency that affects any endangered or threatened species or designated critical habitat of the species is not likely to jeopardize the continued existence of the species. Sets forth provisions regarding: (1) Federal agency consultation with the Secretary regarding agency actions likely to significantly and adversely affect an endangered or threatened species and regarding guidance on the consistency of an agency action with the conservation plan or objective for, an incidental taking permit for, or a CMA concerning, the species; (2) consideration of information and other law; (3) actions exempt from consultation and conferencing; (4) actions not constituting takings; (5) the resolution of conflicts between the responsibilities of a Federal agency under the Act vis-a-vis any other law, treaty, or interstate compact; (6) the use of mitigation banks; (7) risk assessment; and (8) exemptions from the Act. (Sec. 9) Directs the Secretary and the Secretary of State to act cooperatively with other nations in conserving wildlife. Prohibits such Secretaries, to the extent that the conservation programs of such nations are consistent with the Convention, from obstructing the programs of such nations unless the Secretary demonstrates good cause for the action based on adequate findings supported by substantial evidence. (Sec. 10) Directs the Secretary to limit a finding under the Convention to the purpose of the importation. Bars the Secretary from: (1) duplicating the findings required to be made by the exporting nation that is a party to the Convention except for good cause based on adequate findings supported by substantial evidence; and (2) prohibiting any act that is permitted under the Convention in issuing protective regulations with respect to a foreign species. Sets forth restrictions regarding the publishing of proposed protective regulations. (Sec. 11) Provides that an activity of a non-Federal person shall be deemed not to constitute a taking of a species if the activity: (1) is consistent with the applicable guidance of a conservation plan or objective; (2) complies with the terms and conditions of an incidental taking permit or a CMA; or (3) addresses a critical, imminent threat to public health or safety or a catastrophic natural event. Specifies that provisions prohibiting importation shall not apply to a member of a threatened species: (1) taken for scientific collection, live export for captive breeding, sport hunting, or falconry in accordance with the laws of a foreign nation that is a party to the Convention; and (2) accompanied by an export permit issued by the nation or an equivalent document. (Sec. 12) Authorizes the Secretary to permit specified activities, including: (1) the public display or exhibition of living wildlife in a manner that contributes to the education of the public about the ecological role and conservation needs of the affected species; (2) in the case of foreign species, acts that are consistent with the Convention and with conservation strategies adopted by the foreign nations responsible for the conservation of the species; and (3) acts necessary for captive propagation programs. Sets forth or revises provisions regarding: (1) the use of mitigation banks; (2) the scope of permits; (3) environmental assessments; (4) limits on additional measures required to minimize and mitigate impacts on a species that is a subject of a permit where the permittee is in compliance with the permit; (5) interim permits; (6) permit revocation; and (7) voluntary consultation by non-Federal persons. Authorizes the Secretary, after providing notice and opportunity for public hearing, to issue a general permit on a county, State, regional, or nationwide basis for any category of activities that may affect a listed species upon determining that activities in the category are similar in nature, will cause only minimal adverse effects on the species if performed separately, and will have only minimal cumulative adverse effects on the species generally. Sets forth provisions regarding: (1) educational and propagation permits; (2) the taking of species for inherently limited uses; (3) multiple species non-Federal conservation plans; (4) wildlife bred in captivity; (5) recognition of captive propagation as a means of recovery; and (6) mitigation banks. (Sec. 13) Directs the Secretary or the Secretary of the Treasury to pay reasonable and necessary costs incurred by any person in providing temporary care for any endangered or threatened fish, wildlife, or plant pending the disposition of any civil or criminal proceeding alleging a violation of the Act. Places the burden of proof on the Secretary to demonstrate that a specimen belongs to a species that has been determined to be an endangered or threatened species under the Act or that is included in an Appendix to the Convention. Prohibits the Secretary from detaining a specimen for a period of longer than 30 days for identification purposes, unless the specimen has been substantially changed from the natural appearance of the specimen, in which case it may be retained for an additional 30 days. Requires the specimen to be released if it cannot be identified within that period. Specifies that no refusal of entry, seizure of evidence, or other enforcement action may take place under the Act if the action is based solely on a notification under the Convention or on a resolution of the Conference of the Parties to the Convention. Authorizes any person to: (1) commence a civil suit to remedy any violation of, or regulation issued under, the Act by the United States or any U.S. agency or official or to challenge the Act or a regulation issued thereunder or the implementation thereof; and (2) intervene as a matter of right in any suit brought under the Act that threatens to cause injury to, or relates to any injury sustained by, the person and grants such person the same right to present argument and to accept or reject potential settlements as the parties to the suit have. (Sec. 14) Requires the Commission to review and report to the Secretary on species of plants that, as of the date of this section's enactment, are or may become endangered or threatened within any State and that are known to produce pharmaceutical or agricultural biochemicals. (Sec. 15) Establishes the Endangered Species Commission. Requires the Commission to: (1) study the activities of the United States under laws and international conventions relating to endangered and threatened species, including the Convention and the Act; (2) make recommendations to, and consult with, the Secretary and other Federal officials concerning such measures as the Commission considers necessary or desirable for the protection and conservation of such species, including a range of options; and (3) conduct such scientific reviews and analyses as the Secretary requests or as are otherwise required to be conducted under this Act. Directs the Commission, upon receipt of a request from the Secretary for a scientific review or assessment regarding such a species, to establish an assessment and planning team and, within 30 days, to establish and arrange for the provision of technical assistance to such a team to assist the Commission in making required assessments by providing it with the best scientific and commercial data available and data that have been peer reviewed and verified by field testing. Sets forth provisions regarding: (1) the Commission's response to assessment and planning team recommendations; and (2) reporting requirements. (Sec. 16) Directs the Secretary to provide 30 days' notice of any hearing or other public meeting at which public comment is accepted under the Act. (Sec. 17) Requires the Secretary to: (1) balance achieving the conservation objective for a species and ensuring continuing economic growth, providing essential infrastructure, maintaining strong State and local tax bases, and protecting against the diminishment of the use and value of property; and (2) seek, along with the heads of all other Federal agencies and other Federal officials, to minimize the adverse impacts on the use and value of private property resulting from any requirements imposed on the property. (Sec. 18) Directs the Secretary to: (1) identify methods of alternative dispute resolution (ADR) that may be used for rulemaking to develop standards, rules, and guidelines for the listing or monitoring of species, conservation planning, safe harbor agreements with non-Federal persons, and other specified purposes; and (2) develop and implement a pilot program for ADR to be used for such purposes as consistent with the Negotiated Rulemaking Act of 1990 and the Administrative Dispute Resolution Act. Requires the Secretary to: (1) provide regular training for all employees involved in developing and implementing such program; and (2) evaluate the program and submit a report including recommendations for a permanent program to the Congress and the Administrative Conference of the United States. (Sec. 19) Sets forth provisions regarding Federal cost-sharing requirements for conservation obligations. (Sec. 20) Entitles a non-Federal property owner to receive compensation if a Federal agency takes action under the Act that results in a diminishment of value of any portion of the non-Federal property of the owner. Sets forth provisions regarding: (1) the amount of compensation, a duty of notice to owners, requests for compensation, offers by the Secretary, and responses by property owners; (2) arbitration; (3) civil actions; (4) the source of payment; (5) U.S. obligations to make payment subject to the availability of appropriations; and (6) administrative provisions. (Sec. 21) Authorizes appropriations. Directs the Secretary to study potential revenue sources for a biodiversity trust fund to be used both for domestic endangered and threatened species protected under the Act and for foreign species subject to the Convention. Sets forth reporting requirements. (Sec. 22) Sets: (1) priorities for the development, and a schedule for the adoption, of conservation plans for listed species without recovery plans; and (2) priorities and a schedule for revision of existing plans. Prohibits the Secretary or the head of any other Federal agency from requiring any increase in any measurable criterion contained in a final recovery plan, or any site specific management action in addition to the criteria provided in a final recovery plan, until a conservation plan or conservation objective has been published. Directs the Secretary, in conjunction with the issuance of a conservation plan or objective, to review and reissue certain written opinions of the Secretary relating to the affected species that were issued after January 1, 1995, under the Act.
Bill· HRH.R. 2546 (104th)open
United States · United States Congress · 26 October 1995
District of Columbia Appropriations Act, 1996 - Appropriates funds for FY 1996 for: (1) the Federal payment to the District of Columbia ($660 million); and (2) the Federal contribution to the District of Columbia Police Officers and Fire Fighters', Teachers', and Judges' Retirement Funds ($52 million). Appropriates specified sums out of the District of Columbia general fund for the District of Columbia for the current fiscal year for: (1) governmental direction and support; (2) economic development and regulation; (3) public safety and justice; (4) the public education system; (5) human support services; (6) public works; (7) the Washington Convention Center Fund; (8) repayment of specified loans and interest; (9) repayment of the general fund deficit as of September 30, 1990; (10) short-term borrowing; (11) the Rainy Day Fund; (12) the incentive buyout program; (13) outplacement services; (14) capital outlay (including rescissions); (15) the Water and Sewer Enterprise Fund and for water mains and service sewers; (16) the Lottery and Charitable Games Enterprise Fund; (17) the Cable Television Enterprise Fund; (18) the Starplex Fund; (19) the D.C. Retirement Board; (20) the Correctional Industries Fund; (21) the Washington Convention Center Enterprise Fund; and (22) the D.C. Financial Responsibility and Management Assistance Authority (Authority). Requires the District to operate a free, 24-hour telephone information service where residents of the area surrounding Lorton prison can obtain information about all prison disturbances. Requires the Mayor of the District to reduce appropriations and expenditures in specified amounts for: (1) personal services by decreasing rates of compensation for District government employees through the renegotiation of existing collective bargaining agreements and otherwise, if necessary; (2) boards and commissions; and (3) personal and nonpersonal services. Directs the Mayor to adjust appropriations and expenditures for personal and nonpersonal services, together with the related full-time equivalent positions, in accordance with the direction of the District of Columbia Financial Responsibility and Management Assistance Authority to obtain a specified net reduction within or among one or several of the various appropriation headings in this Act. Provides for a reduction in funds and full-time equivalent positions for D.C. General Hospital. (Sec. 101) Sets forth certain uses of and restrictions on the expenditure of appropriations made by this Act. (Sec. 110) Requires that the annual budget for the District of Columbia government for FY 1997 be transmitted to the Congress by April 15, 1996. (Sec. 123) Directs the Mayor to submit to the D.C. Council, within 30 days after the end of the first quarter of FY 1996, the FY 1996 revenue estimates. (Sec. 130) Prohibits funds appropriated under this Act from being used by the District to provide for salaries, expenses, or other costs associated with the offices of U.S. Senator or U.S. Representatives under the District of Columbia Statehood Constitutional Convention Initiatives of 1979. (Sec. 131) Amends the District of Columbia Self-Government and Governmental Reorganization Act to prohibit the D.C. Council from enacting any act, resolution, or rule which obligates or expends District funds (without regard to the source of such funds) for any abortion or which appropriates funds to any facility owned or operated by the District in which any abortion is performed, except where it is necessary to save the life of the mother or in cases of forcible rape reported within 30 days to a law enforcement agency or cases of incest reported to such an agency or a child abuse agency before the performance of the abortion. (Sec. 132) Prohibits funds appropriated in this Act from being obligated or expended on any proposed change in either the use or configuration of, or on any proposed improvement to, the Municipal Fish Wharf until such proposed change or improvement has been reviewed and approved by Federal and local authorities such as the National Capital Planning Commission, the Commission of Fine Arts, and the D.C. Council, under specified conditions. (Sec. 133) Expresses the sense of the Congress that all equipment and products purchased with funds made available in this Act should be American-made. Requires each agency of the Federal or District government, in providing financial assistance to, or entering into any contract with, entities using such funds to notify the entities of this congressional statement. (Sec. 134) Prohibits the use of funds made pursuant to any provision of this Act to enforce or implement: (1) any registration system for unmarried, cohabitating couples that are homosexual, lesbian, or heterosexual, including registration for the extension of employment, health, or governmental benefits to such couples on the same basis that such benefits are extended to legally married couples; or (2) the District Domestic Partner Act (also called the District of Columbia Health Care Benefits Expansion Act of 1992). (Sec. 137) Amends the District of Columbia Real Property Tax Revision Act of 1974 to require the D.C. Council, if it extends the time to establish rates of taxation on real property for a tax year, to establish such rates by permanent legislation. Changes the date by which the Council should establish the rates from July 15 to October 15. Applies, during a tax year, the rates of taxation for the prior year if the rates are not established and the Council does not extend the time. Makes the real property tax rates for taxable real property in the District for FY 1996 the same rates in effect for FY 1994. Repeals provisions of the Act which require such rates to be those submitted by the Mayor or the D.C. Council. (Sec. 139) Requires the Mayor to submit to the Congress and to the D.C. Council a report delineating the executive's action to effect the directives of the Council in this Act with respect to certain reductions. (Sec. 146) Prohibits an agency from filling a position wholly funded by appropriations authorized by this Act which is vacant on October 1, 1995, or which becomes vacant during FY 1996, unless the Mayor or the independent agency submits a proposed resolution of intent to fill the vacant position to the D.C. Council for approval or disapproval. Prohibits any reduction in the number of full-time equivalent positions or any reduction-in-force due to privatization or contracting out if the Authority disallows the full-time equivalent position reduction provided in this Act in meeting the specified ceiling of 35,771 for FY 1996. Allows the appropriate personnel authority to fill a vacant position with a District government employee currently occupying a position that is funded with appropriated funds. Exempts local school-based teachers, officers, teachers' aides, and District court personnel, with an exception. (Sec. 150) Modifies D.C. reductions-in-force procedures to allow a personnel authority to establish lesser competitive areas within an agency on the basis of all or a clearly identifiable segment of an agency's mission or a division or major subdivision of an agency. Authorizes each agency head to identify positions for abolishment. Outlines procedures for abolishment of such positions for FY 1996. (Sec. 151) Prohibits the total amount appropriated in this Act under the caption "Division of Expenses" for District operating expenses for FY 1996 from exceeding $4,867,283,000. (Sec. 152) Requires the District, by February 15, 1996, to develop a plan for closing the Lorton Correctional Complex over a maximum five-year transition period. Sets forth requirements of such plan. (Sec. 153) Prohibits a person from joining in a petition to a District court for a decree of adoption unless the person is the petitioner's spouse.
Bill· HRH.R. 2551 (104th)referred
United States · United States Congress · 26 October 1995
Gift of Life Congressional Medal Act of 1995 - Directs the Secretary of the Treasury to design and strike a bronze medal to commemorate organ donors and their families. Makes eligible for the medal any organ donor or donor's family. Requires the Secretary of Health and Human Services to direct the Organ Procurement and Transplantation Network (OPTN) to arrange for medal presentation to eligible individuals. Declares the medals to be national medals. Authorizes the Secretary of the Treasury to enter into agreements with the OPTN to collect funds to offset expenditures relating to medal issuance. Requires the Secretary of the Treasury to deposit all solicited donations into the Numismatic Public Enterprise Fund.
Bill· HRH.R. 2530 (104th)open
United States · United States Congress · 25 October 1995
TABLE OF CONTENTS: Title I: Energy, Natural Resources and Environment Subtitle A: Energy Subtitle B: Central Utah Subtitle C: Army Corps of Engineers Subtitle D: Helium Reserve Subtitle E: Territories Title II: Agricultural Programs Subtitle A: Extension and Modification of Various Commodity Programs Subtitle B: Sugar Subtitle C: Peanuts Subtitle D: Tobacco Subtitle E: Planting Flexibility Subtitle F: Miscellaneous Provisions Title III: Commerce Title IV: Transportation Title V: Housing Provisions Title VI: Indexation and Miscellaneous Entitlement-Related Provisions Title VII: Medicaid Reform Subtitle A: Per Capita Spending Limit Subtitle B: Medicaid Managed Care Subtitle C: Additional Reforms of Medicaid Acute Care Program Subtitle D: National Commission on Medicaid Restructuring Subtitle E: Restrictions on Disproportionate Share Payments Subtitle F: Fraud Reduction Title VIII: Medicare Subtitle A: Medicare Choice Program Subtitle B: Provisions Relating to Regulatory Relief Subtitle C: Medicare Payments to Health Care Providers Subtitle D: Provisions Relating to Medicare Beneficiaries Subtitle E: Medicare Fraud Reduction Subtitle F: Improving Access to Health Care Subtitle G: Other Provisions Subtitle H: Monitoring Achievement of Medicare Reform Goals Subtitle I: Lock-Box Provisions for Medicare Part B Savings from Growth Reductions Subtitle J: Clinical Laboratories Title IX: Welfare Reform Subtitle A: Temporary Employment Assistance Subtitle B: Make Work Pay Subtitle C: Work First Subtitle D: Family Responsibility and Improved Child Support Enforcement Subtitle E: Teen Pregnancy and Family Stability Subtitle F: SSI Reform Subtitle G: Food Assistance Subtitle H: Treatment of Aliens Subtitle I: Earned Income Tax Credit Title X: Reductions in Corporate Tax Subsidies and Other Reforms Subtitle A: Tax Treatment of Expatriation Subtitle B: Modification to Earned Income Credit Subtitle C: Alternative Minimum Tax on Corporations Importing Products into the United States at Artificially Inflated Prices Subtitle D: Tax Treatment of Certain Extraordinary Dividends Subtitle E: Foreign Trust Tax Compliance Subtitle F: Limitation on Section 936 Credit Title XI: Veterans' Affairs Subtitle A: Permanent Extension of Temporary Authorities Subtitle B: Other Matters Subtitle C: Health Care Eligibility Reform Title XII: Legislative Branch Title XIII: Miscellaneous Provisions Title XIV: Budget Process Provisions Subtitle B(sic): Discretionary Spending Limits Subtitle C: Pay-As-You-Go Procedures Subtitle D: Miscellaneous Subtitle E: Deficit Control Subtitle F: Line Item Veto Subtitle G: Enforcing Points of Order Subtitle H: Deficit Reduction Lock-box Subtitle I: Emergency Spending; Baseline Reform; Continuing Resolutions Reform Subtitle J: Technical and Conforming Amendments Subtitle K: Truth in Legislating Common Sense Balanced Budget Act of 1995 - Title I: Energy, Natural Resources and Environment - Subtitle A: Energy - Amends the Atomic Energy Act of 1954 to exclude from the definition of "production facility" the construction and operation of a uranium enrichment facility using Atomic Vapor Laser Isotope Separation (AVLIS) technology (thus making such a facility eligible for one-step licensing). (Sec. 1101) States that one purpose of this Act is to ensure that privatization of the U. S. Enrichment Corporation (USEC) does not result in any adverse effects on the pension benefits of employees at facilities that are operated in the performance of functions vested in USEC. Declares that USEC shall abide by the terms of the collective bargaining agreement in effect on the privatization date at each individual facility. Permits employees who transfer to USEC from other Federal employment to transfer their accrued retirement benefits to a USEC retirement system, or to retain their coverage under their existing Federal plan. Terminates USEC's status as the exclusive marketing agent for the United States for entering into contracts for providing enriched uranium and uranium enrichment and related services. Declares that the privatization of USEC shall not affect the terms, rights, or obligations of the parties to any power purchase contracts. Sets forth the effects of the transfer of uranium enrichment contracts. Declares that the United States shall remain obligated on those contracts during their term. States that USEC shall establish prices for its products, materials, and services on a profit-making basis. Prescribes guidelines under which the Department of Energy (DOE) shall accept responsibility for the treatment, disposal and storage of low-level radioactive waste and mixed waste. States that, as of the privatization date, all liabilities and any judgment against the Corporation attributable to the operation of the USEC from the transition date to the privatization date shall be direct liabilities of, and judgments against, the United States. Authorizes the Secretary of Energy to transfer raw and enriched uranium to USEC before the privatization date without charge. Prescribes guidelines under which: (1) USEC is authorized to establish a private corporation to implement the privatization of USEC; and (2) USEC privatization may be implemented by means of a transfer of assets and liabilities to such corporation and a merger or consolidation with it. Prohibits the Secretary from allowing the privatization of USEC by means of a public offering unless the Secretary determines that the estimated gross proceeds from the USEC sale will be an adequate amount. Limits to ten percent of the total votes of all outstanding USEC voting securities the number of securities any person may acquire or hold, directly or indirectly, during the three years following any privatization by means of a public offering. Provides that the proceeds to the U.S. Government from privatization shall be included in the budget baseline and be counted as an offset to direct spending. Mandates termination of any USEC license if privatization results in its being owned, controlled or dominated by a foreign entity or otherwise inimical to the security of the United States. Precludes USEC from implementing the privatization plan less than 60 days after the date that the Comptroller General presents an evaluation of the plan to the Congress. Provides for periodic certification of USEC by the Nuclear Regulatory Commission upon privatization. Authorizes the licensing of Corporation facilities using AVLIS technologies for uranium enrichment. (Sec. 1102) Amends the Omnibus Budget Reconciliation Act of 1990 to repeal the termination date for Nuclear Regulatory Commission authority to assess annual charges (thus making such authority permanent). (Sec. 1103) Amends the National Energy Conservation Policy Act to repeal the exclusion of cogeneration process from the definition of "energy savings". (Sec. 1104) Authorizes the Director of the Federal Emergency Management Agency to assess and collect radiological emergency preparedness fees. Subtitle B: Central Utah - Amends the Central Utah Project Completion Act to direct the Secretary of the Interior to allow for prepayment of a specified repayment contract with the Central Utah Water Conservancy District regarding municipal and industrial water delivery facilities. Subtitle C: Army Corps of Engineers - Establishes the Army Civil Works Regulatory Program Fund as a repository for certain regulatory fees established by the Secretary of the Army. Subtitle D: Helium Reserve - Helium Act of 1995 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store, transport, and sell crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field. Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities. Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services. Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. Prohibits the Secretary from making crude helium sales in amounts that will disrupt the crude helium market price. Mandates that proceeds from helium sales be paid to the Treasury. Identifies circumstances under which the Secretary must meet a certain deadline for the elimination of helium stockpiles. Repeals the Secretary's authority to borrow under the Helium Act. Subtitle E: Territories - Terminates annual direct financial assistance to the Government of the Northern Mariana Islands. Title II: Agricultural Programs - Agricultural Reconciliation Act of 1995 - Subtitle A: Extension and Modification of Various Commodity Programs - Amends the Agricultural Act of 1949 (Act) to extend loan, payment, and acreage reduction programs for wheat (including the food security wheat reserve), feed grains, cotton (including cottonseed and cottonseed oil), and rice. Extends loan and payment programs for oilseeds. (Sec. 2106) Revises specified wheat, feed grains, upland cotton, and rice deficiency payment provisions (flex acres and 50-85 and 0-85 programs). Subtitle B: Sugar - Amends the Agricultural Act of 1949 to extend and set forth sugar price support provisions. Establishes the sugarcane target price at 18 cents per pound. Subtitle C: Peanuts - Amends the Agricultural Act of 1949 to extend the peanut price support program. (Sec. 2302) Amends the Agricultural Adjustment Act of 1938 to extend and revise peanut national poundage quota and acreage allotment provisions, including specified provisions regarding Texas and New Mexico. (Sec. 2303) Revises sale, lease, or transfer of farm poundage quota provisions. Provides for: (1) quota transfers to other self-owned farms within the same State; and (2) quota sales within a State having quotas of 10,000 tons or more. (Sec. 2304) Subjects reentered (after export) peanut products made from additional peanuts to specified marketing penalties. (Sec. 2305) Amends the Agricultural Act of 1949 to limit price support rate increases or decreases. Establishes a special rule regarding New Mexico pools. Requires that all domestic and export peanuts comply with specified quality standards. (Sec. 2306) Requires an annual quota peanut producer referendum regarding the poundage quota. Subtitle D: Tobacco - Amends the Agricultural Act of 1949 to extend tobacco marketing assessment authority. States that such fees shall be used to pay for other tobacco programs not covered by user fees or other specified assessments or contributions. (Sec. 2402) Amends the Agricultural Adjustment Act of 1938 to revise farm acreage allotment and marketing quota reduction provisions. (Sec. 2403) Makes a specified farm reconstitution provision applicable to burley (burley) tobacco. (Sec. 2404) Reduces a certain percentage threshold regarding disaster-transfer of flue-cured (flue-cured) tobacco quotas. (Sec. 2405) Amends the Agricultural Act of 1949 to expand the tobacco types subject to no net cost assessment. (Sec. 2406) Amends the Tobacco Adjustment Act of 1938 to repeal certain tobacco export reporting requirements. (Sec. 2407) Amends the Agricultural Adjustment Act of 1938 to repeal certain flue-cured and burley marketing quota reduction provisions. (Sec. 2408) Amends the Tobacco Inspection Act to provide for civil penalties and cease and desist orders for violations of such Act. Grants U.S. district courts jurisdiction in such matters. (Sec. 2409) Amends the Agricultural Adjustment Act of 1938 to permit flue-cured or other tobacco quota or allotment transfers across within-State county lines if approved by producer referendum. Eliminates certain burley quota transfer provisions for Tennessee and Virginia. (Sec. 2410) Eliminates certain tobacco exports from flue-cured and burley national marketing quota calculations. (Sec. 2412) Revises certain burley marketing quota lease and transfer provisions. (Sec. 2413) Increases maximum acreage transfers. (Sec. 2414) States that performance rendered in good faith reliance upon Department of Agriculture advice or actions may be accepted as meeting appropriate marketing quota requirements. (Sec. 2415) Harmonizes certain flue-cured and burley sales dates. (Sec. 2416) Authorizes a recent farm purchaser to sell burley or flue-cured marketing quotas within one year of such purchase. Subtitle E: Planting Flexibility - Amends the Agricultural Act of 1949 to state that a farm's total acreage base shall equal the sum of the farm's acreage bases for acreage reduction enrolled crops. (Sec. 2503) Revises planting flexibility provisions. (Sec. 2504) Bases 1996 through 2002 farm program payment yields on the 1995 crop year. Subtitle F: Miscellaneous Provisions - Amends the Food Security Act of 1985 to reduce the maximum amount of deficiency and land diversion payments. (Sec. 2602) Expresses the sense of the Congress that the Secretary of Agriculture and the United States Trade Representative should intensify efforts to resolve the Canadian potato trade concerns and to begin to consider dispute resolution actions under the North American Free Trade Agreement or the General Agreement on Tariffs and Trade. Title III: Commerce - Amends the Communications Act of 1934 (the Act) to state that certain competitive bidding requirements shall not apply to licenses or construction permits issued by the Federal Communications Commission (FCC): (1) that, as the result of the FCC carrying out specified obligations, are not mutually exclusive; (2) for public safety radio services, including non-Government uses that protect the safety of life, health, and property and that are not made commercially available to the public; or (3) for initial licenses or construction permits for new terrestrial digital television (TV) services assigned by the FCC to existing terrestrial broadcast licensees to replace their current TV licenses. Extends through FY 2002 the authority of the FCC to grant such licenses or permits. Requires the FCC to complete all actions necessary to permit the assignment, by September 30, 2002, by competitive bidding of licenses for the use of bands of frequencies that: (1) individually span not less than 25 megahertz (mhz.), unless a combination of smaller bands can reasonably be expected to produce greater receipts; (2) in the aggregate, span not less than 100 mhz.; (3) are located below three gigahertz (ghz.); and (4) as of this Act's enactment date, have not been designated by FCC regulation for assignment or identified by the Secretary of Commerce pursuant to provisions of the National Telecommunications and Information Administration Organization Act (NTIAO Act). Directs the FCC to conduct the competitive bidding for not less than one-half of such aggregate spectrum by September 30, 2001. Requires the FCC, in making available bands of frequencies for competitive bidding, to: (1) seek to promote the most efficient use of the spectrum; (2) take into account the cost to incumbent licensees of relocating existing uses to other bands of frequencies or other means of communication and the needs of public safety radio services; and (3) comply with the requirements of international agreements concerning spectrum allocations. Directs the FCC to notify the Secretary if the FCC: (1) is not able to provide for the effective relocation of incumbent licensees to bands of frequencies that are available to the FCC for assignment; and (2) has identified bands of frequencies that are suitable for the relocation of such licensees and that are allocated for Federal Government use but that could be reallocated pursuant to the NTIAO Act. Amends the NTIAO Act to require the Secretary, upon receiving a notice from the FCC pursuant to this Act, to prepare and submit to the President and the Congress a report recommending for reallocation for use other than by Federal Government stations bands of frequencies that are suitable for the uses identified in the FCC's notice. Requires the FCC to commence the Broadband Personal Communications Services C-Block auction (described in the FCC's Sixth Report and Order) not later than December 4, 1995. Ratifies and adopts the FCC's competitive bidding rules governing such auction. Sets forth or revises provisions regarding: (1) modification of auction policy to preserve the auction value of the spectrum; (2) identification and reallocation of auctionable frequencies; and (3) allocation and assignment of frequencies identified in the second reallocation report. (Sec. 3102) Amends the Act to direct the FCC, for FY 1996 and thereafter, to modify the application fees so that total collections for the fiscal year equal $40 million plus the amount of necessary expenses for costs related to application processing which exceeds $40 million. Directs the FCC to notify the Congress of any proposed and adopted modifications. Requires $40 million from FCC application fees to be deposited into the Treasury and used for application processing and related expenses of the FCC. Revises the schedule of application fees for personal communications services and amateur vanity call signs under the Act. Specifies that moneys received from fees established under this section shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to carry out FCC functions. Sets forth or revises provisions regarding: (1) recovery of executive and legal costs incurred by the FCC; (2) establishment and adjustment of fees; (3) regulatory fees for satellite TV operations; and (4) governmental entities use for common carrier purposes. Directs the FCC to: (1) develop accounting systems for making adjustments authorized by the Act; and (2) annually prepare and submit to the Congress an analysis of such systems and afford interested persons the opportunity to submit comments concerning the allocation of costs, the application, and regulatory fee adjustments. (Sec. 3103) Prohibits the FCC from: (1) renewing any analog TV license for a period that extends beyond the earlier of December 31, 2005, or one year after the date the FCC finds (based on annual surveys) that at least 95 percent of households in the United States have the capability to receive and display video signals, other than video signals transmitted pursuant to an analog TV license; or (2) issuing, after such date, any TV licenses other than advanced TV licenses. Directs the Secretary, each calendar year from 1998 to 2005, to conduct a survey to estimate the percentage of households in the United States that have the capability to receive and display video signals other than those transmitted pursuant to an analog TV license. Requires the FCC to: (1) ensure that, as analog TV licenses expire, the spectrum previously used for the broadcast of analog TV signals is reclaimed and reallocated so as to maximize the deployment of new services (and directs that licensees for new services be selected by competitive bidding); and (2) complete the competitive bidding procedure by May 1, 2002. Directs the FCC to establish procedures to ensure that, within the year prior to the reversion date, the advanced TV licensees provide each requesting household with the capability to receive and display video signals for advanced TV services. Requires: (1) each advanced TV service licensee to provide, for a minimum of five years from such date, at least one nonsubscription video service that meets or exceeds minimum technical standards established by the FCC; and (2) the FCC, to the extent technically feasible, to ensure that picture and audio quality are at least as good as that provided to recipients within the Grade B contour of an analog TV license and to revoke the license of any advanced TV licensee who fails to meet this condition of the license. (Sec. 3104) Amends the Omnibus Budget Reconciliation Act of 1990 to extend Patent and Trademark Office user fees through 2002. Sets amounts of surcharges to be collected in FY 1999-2002. (Sec. 3105) Repeals the authorization of transitional appropriations for the Postal Service. Specifies that liabilities of the former Post Office Department to the Employees' Compensation Fund shall be liabilities of the Postal Service payable out of the Fund. Title IV: Transportation - Amends Federal transportation law to make permanent the mandate for the imposition of railroad safety fees on railroad carriers. (Sec. 4102) Amends Federal shipping law to make permanent the mandate for the imposition of tonnage duties on certain vessels. (Sec. 4103) Directs the Administrator of General Services to sell at fair market value all rights, title, and interests of the United States in and to the land of, and improvements to, Governors Island, New York. Grants the State of New York and the city of New York the right of first refusal to purchase all or part of such Island. (Sec. 4104) Directs the Administrator to sell at fair market the air rights adjacent to Washington Union Station, including certain air rights to be conveyed to the Administrator by the National Railroad Passenger Corporation (AMTRAK). Directs AMTRAK, as a condition of future Federal financial assistance, to convey such rights, at no charge, on or before December 31, 1995. Title V: Housing Provisions - Amends the United States Housing Act of 1937 to make the reduction of section 8 annual rent adjustment factors for units without tenant turnover permanent. Amends the National Housing Act to revise the maximum mortgage amount floor for single family mortgage insurance. Revises mortgage foreclosure avoidance and borrower assistance provisions, including: (1) authorizing a partial claim payment program for up to 12 months' equivalent payments; and (2) establishment of an assignment program. Title VI: Indexation and Miscellaneous Entitlement-Related Provisions - Amends the Internal Revenue Code to revise section one provisions so as to provide for a reduction in the annual consumer price index formula used in determining the cost-of-living adjustment of the tax tables through the calendar year 2002. Amends title XX (Block Grants to States for Social Services) of the Social Security Act to: (1) provide for a reduction in block grants beginning with FY 1996; and (2) provide that each State shall be annually entitled to an amount equal to the lesser of 80 percent of the total it spends for services which are directed towards achieving the stated purposes of the title or the State's allotment. Provides for the denial of unemployment compensation to: (1) individuals with income in excess of $120,000 for the most recent taxable year; and (2) individuals who voluntarily leave military service. Title VII: Medicaid Reform - Subtitle A: Per Capita Spending Limit - Amends title XIX (Medicaid) of the Social Security Act (SSA) to specify a limit on the total amount of State expenditures for medical assistance for which Federal financial participation may be made under Medicaid in a fiscal year beginning in FY 1997, according to a prescribed formula based on certain categories of Medicaid beneficiaries. Directs the Secretary of Health and Human Services (HHS) to establish for each State a per capita medical assistance limit for each such category and for administrative expenditures for a fiscal year according to a certain formula that accounts for inflation. Requires the Secretary to notify each State before the beginning of each fiscal year of the per capita limits established for the State for the fiscal year. Exempts certain State expenditures under Medicaid from being subject to such limits and from being taken into account in establishing them. Provides for certain adjustments to such per capita limits, and outlines enforcement provisions for assuring that payments to the States are consistent with them. Places certain restrictions on the authority of States to apply less restrictive income and resource methodologies for making certain eligibility determinations under Medicaid. Subtitle B: Medicaid Managed Care - Repeals certain barriers to: (1) authorize States to require certain Medicaid-eligible individuals to enroll with an eligible managed care provider of their choice under contract with the State to furnish them with all medically necessary assistance as a condition of receiving Medicaid assistance; and (2) add anti-fraud and sanctions requirements applicable to eligible managed care providers. (Sec. 7105) Provides for assuring adequacy of payments to Medicaid managed care plans and providers. (Sec. 7107) Requires the Secretary to report to specified congressional committees on the effect of risk contracting entities and primary care case management entities on the delivery of and payment for public health services. (Sec. 7108) Requires the Secretary and the Comptroller General to analyze and submit reports annually to specified congressional committees on rates paid for hospital services under coordinated care programs provided for under this subtitle. Subtitle C: Additional Reforms of Medicaid Acute Care Program - Revises provisions governing the use of enrollment fees, premiums, deductions, cost-sharing, and similar charges in order to permit increased flexibility in Medicaid cost-sharing. (Sec. 7202) Requires the Secretary to define, by regulation promulgated after consultation with States and organizations representing health care providers, those treatment services, in addition to those otherwise covered under a State Medicaid plan, that must be covered under Medicaid as measures necessary to correct or ameliorate defects and physical and mental illnesses and conditions discovered by the screening services, whether or not such services are covered under the State plan. (Sec. 7203) Provides that no change in law which has the effect of imposing a requirement on a State under a State plan under Medicaid, and with respect to which the Secretary is required to issue regulations to carry out such requirement, shall take effect until the date the Secretary promulgates such regulation as a final regulation. Provides that any change in a regulation of the Secretary relating to the Medicaid program shall not become effective until the beginning of the fiscal year following the fiscal year in which the change was promulgated. Gives the States certain options around such requirements. Expresses the sense of the Congress that if a State is required by future legislation to provide for additional services, eligible individuals, or otherwise incur additional costs under its Medicaid program, the Federal Government shall provide for full payment of any such additional costs for at least the first two years in which such requirement applies. (Sec. 7204) Sets forth provisions governing the consideration of applications for Medicaid waivers (i.e. State requests for a waiver of a Medicaid provision, or of another provision of law that applies to State plans under such title), and includes certain specified waivers under SSA and later amendments. Subtitle D: National Commission on Medicaid Restructuring - Establishes the National Commission on Medicaid Restructuring to study and make recommendations to the Congress, the President, and the Secretary regarding the need for changes in the laws and regulations regarding the Medicaid program in order to: (1) ensure adequate access to health care under such program for low-income individuals; (2) promote quality health care; (3) deter Medicaid fraud and abuse; (4) provide States with additional flexibility in implementing their Medicaid plans; and (5) contain Federal and State Medicaid costs. Authorize appropriations. Subtitle E: Restrictions on Disproportionate Share Payments - Revises provisions governing Medicaid payment adjustments for inpatient hospital services furnished by disproportionate share hospitals (DSH), among other changes, establishing a new national DSH payment limit and modifying provisions for determination of State DSH allotments. Subtitle F: Fraud Reduction - Directs the Administrator of the Health Care Financing Administration (HCFA) to develop mechanisms to better monitor and prevent inappropriate payments under Medicaid in the case of individuals who are dually eligible for benefits under such program and the Medicare program under SSA title XVIII. Requires the Administrator to develop improved mechanisms, such as picture identification documents and smart documents, to provide methods of improved identification and tracking of beneficiaries and providers that perpetrate fraud against Medicaid. Title VIII: Medicare - Medicare Preservation Act of 1995 - Amends SSA titles XI and XVIII and the Internal Revenue Code, restructuring the current Medicare program, and creating a new Medicare Choice program within it, while also providing for corresponding tax incentives for Medicare Choice medical savings accounts (MSAs) and other Medicare Choice-related matters. Subtitle A: Medicare Choice Program - Gives individuals entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under Medicare part B (Supplementary Medical Insurance) the opportunity to elect Medicare coverage during annual, coordinated election periods under either the new Medicare Choice benefit package or through the existing fee-for-service system under such parts. Includes in the Medicare Choice benefit package a high ($10,000) deductible-Medisave product under a specified demonstration plus contributions to Medicare Choice MSAs, as well as separate fee-for-service products and products offered under certain provider- and union-sponsored plans by qualified Medicare Choice organizations. Directs the Secretary to provide for a nationally coordinated educational and publicity campaign to inform individuals who are eligible to elect Medicare Choice products about them and the election processes provided under this subtitle. Directs the Secretary to conduct demonstration projects to test alternative approaches to coordinated open enrollments in different markets, including different annual enrollment periods and models of rolling open enrollment periods. (Sec. 8002) Requires qualified Medicare Choice organizations (except those with union sponsors, Taft-Hartley sponsors, or, for a limited time, provider sponsors) to be licensed under State law in each State in which they offer a Medicare Choice product. Requires such organizations to assume full financial risk on a prospective basis for the provision of health care services (other than hospice care). Allows an organization to obtain insurance in specified circumstances. Sets forth requirements relating to benefits, provision of services (including limited physician incentive plans), enrollment, and premiums. Specifies patient protection standards, including those for information disclosure, access to services, out-of-network services, mandatory quality assurance programs, coverage determinations, grievances, appeals, and fair marketing procedures. Directs the Secretary to provide for demonstration projects to determine the effectiveness, cost, and impact of alternative methods of providing comparative information about the performance of Medicare Choice organizations and products and the performance of Medicare supplemental policies in relation to such products. Prescribes policy for payments to Medicare Choice organizations, including monthly adjusted capitation rates. Requires the Secretary to issue interim regulations regarding standards for Medicare Choice organizations and products within 180 days after the date of enactment of this subtitle, with such regulations to be effective through the end of 1999. Directs the Secretary to develop permanent standards under this subtitle, consulting with the National Association of Insurance Commissioners in doing so, with such standards to be effective for periods beginning on or after January 1, 2000. Directs the Secretary to establish a process for the certification of Medicare Choice organizations and products. Involves the Secretary of Labor in such process with respect to union sponsors and Taft-Hartley sponsors. Outlines the certification process, including the use of private accreditation processes. Requires Medicare Choice organizations to contract with the Secretary, subject to specified requirements. Permits certain demonstration projects for high deductible-Medisave products, and lists special rules relating to enrollment and benefits with regard to such products, requiring, among other things, payments to the Medicare Choice MSAs of individuals electing high deductible-Medisave products under such projects. (Sec. 8003) Directs the Secretary to report to the Congress on alternative provider payment approaches under Medicare along with recommendations for implementing and testing such approaches and any legislation that may be required for such purpose. Directs the Secretary to work with employers and health benefit plans to develop standards and payment methodologies to allow retired workers to continue to participate in employer health plans instead of participating in the Medicare program. Provides for a similar congressional report with regard to such matter. (Sec. 8004) Sets forth transition rules for current Medicare health maintenance organization (HMO) programs. (Sec. 8011) Amends the Internal Revenue Code to exclude from an individual's gross income any Federal payment to his or her Medicare Choice MSA, but include any MSA distribution not used to pay the account holder's qualified medical expenses. Excludes the value of such an MSA from the account holder's gross estate. Exempts an account holder from the excise tax on prohibited transactions even if an MSA ceases to be a Medicare Choice MSA because a distribution was not used to pay qualified medical expenses. Excludes further from gross income any Medicare part B premium discount rebate. (Sec. 8021) Declares that, in any Federal or State antitrust action, the conduct of a provider service network (and any member of such network) in negotiating, making, or performing a contract, to the extent such contract is for providing services under a Medicare Choice provider-sponsored organization (PSO) contract, shall not be illegal per se. Subjects such conduct to the antitrust rule of reason standard. (Sec. 8031) Amends SSA title XVIII to establish the Medicare Payment Review Commission (replacing the Prospective Payment Assessment Commission (ProPAC) and the Physician Payment Review Commission (PPRC), hereby abolished) which shall, among other things, review program payment policies (including those under the new Medicare Choice program) for appropriate recommendations to the Congress concerning such policies. Authorizes appropriations. (Sec. 8032) Creates the Commission on the Effect of the Baby Boom Generation on the Medicare Program to: (1) examine the financial impact on the Medicare program of the significant increase in the number of Medicare-eligible individuals which will occur beginning approximately 2010 and last for approximately 25 years; and (2) make specific recommendations to the Congress about a comprehensive approach to preserve Medicare for the period during which such individuals are Medicare-eligible. Authorizes appropriations. (Sec. 8041) Preempts State law restrictions on managed care arrangements and utilization review programs. Subtitle B: Provisions Relating to Regulatory Relief - Amends SSA titles XI and XVIII, as well as the Omnibus Budget Reconciliation Act of 1993, to outline various specified revisions to Medicare physician referral prohibitions and anti-kickback and other penalties for the purpose of achieving Medicare regulatory relief. (Sec. 8101) Includes among such revisions: (1) removal of compensation arrangements from the proscribed financial arrangements between a physician and any entity to which he or she may refer a Medicare beneficiary (thus limiting proscribed financial arrangements to an ownership or investment interest in the entity); (2) limitation of the designated health services subject to such prohibition to items and services furnished by a community pharmacy, magnetic resonance imaging and computerized tomography services, and outpatient physical therapy services; (3) repeal of the mandate for the Medicare and Medicaid Coverage Data Bank; and (4) the issuance of advisory opinions under SSA title XI. (Sec. 8104) Revises exceptions to the prohibition against physician referrals to an entity in which the referring physician has an ownership or investment relationship to: (1) repeal the site-of-service requirement for excepted in-office ancillary services; (2) revise the exceptions for services furnished in a rural area and for pre-paid plans; and (3) add new exceptions for shared facility services and services furnished in communities with no alternative providers, in ambulatory surgical centers, in renal dialysis facilities, in a hospice, or in a comprehensive outpatient rehabilitation facility. (Sec. 8111) Directs the Attorney General to provide for the development and publication of explicit guidelines on the application of antitrust laws to the activities of health plans, and establish a review process under which a plan administrator or sponsor may submit a request to obtain a prompt opinion from the Department of Justice (DOJ) on the plan's conformity with the Federal antitrust laws. (Sec. 8112) Outlines requirements for issuance (or denial) by the Attorney General of health care certificates of public advantage to requesting eligible health care collaborative activities if the benefits likely to result from such an activity outweigh any reduction in competition likely also to result and if such reduction is necessary to obtain benefits. Provides for judicial review with regard to such matter. (Sec. 8113) Requires the Attorney General, to report annually to the Congress, as part of the annual budget oversight proceedings, on DOJ's Antitrust Division in order for the Congress to determine how enforcement of antitrust laws is affecting the formation of joint ventures, and if such certificates have resulted in undesirable reduction in competition in the health care marketplace. (Sec. 8114) Exempts specified antitrust laws, under certain conditions, from applying with respect to: (1) the merger of, or the attempt to merge, two or more hospitals; (2) a contract entered into solely by two or more hospitals to allocate hospital services; or (3) the attempt by only two or more hospitals to enter into a contract to allocate hospital services. (Sec. 8121) Outlines various specified measures with respect to health care liability designed to provide for malpractice reform that, among other things, include: (1) a statute of limitations for medical malpractice claims, with exceptions for minors; (2) a limitation on noneconomic damages; and (3) standards for using alternative dispute resolution (ADR) in such matters as an initial attempt to resolve them before they may be brought in State or Federal court. Includes special provisions for certain obstetric services. Requires certain reports on the implementation and effectiveness of ADR systems for the Congress. (Sec. 8151) Modifies under Medicare the payment areas used to determine Medicare payments for physicians' services under such program while ensuring budget-neutrality. Subtitle C: Medicare Payments to Health Care Providers - Provides for a one-year general freeze in payments to Medicare providers during FY 1996, with similar freezes for skilled nursing facilities and home health agencies under the Omnibus Budget Reconciliation Act of 1993. (Sec. 8211) Revises Medicare provisions for payments for physicians' services, replacing the volume performance standard with sustainable growth rate and establishing a single conversion factor for 1996, among other changes. (Sec. 8221) Provides for a reduction in update for inpatient hospital services for FY 1997 through 2002. (Sec. 8222) Eliminates formula-driven overpayments for ambulatory surgical center procedures and radiology services and diagnostic procedures. (Sec. 8223) Requires the Secretary to establish a prospective payment system (PPS) for hospital outpatient services. (Sec. 8224) Reduces Medicare payments to hospitals for inpatient capital-related costs. (Sec. 8225) Places a moratorium on PPS exemption for long term care hospitals. Directs the Secretary to submit to the Congress recommendations for modifications to the standards used to determine whether a hospital is classified as a long-term care hospital for purposes of determining the amount of payment to the hospital under Medicare part A for the operating costs of inpatient hospital services. (Sec. 8231) Sets forth provisions affecting home health and other specified providers, including providers of durable medical equipment and nursing homes, with similar payment changes and reductions and certain coverage limitations and incentives for cost-efficient management. Requires the Secretary to expand PPS research for home health agencies. (Sec. 8235) Freezes payments for clinical diagnostic laboratory tests. (Sec. 8241) Adds a new SSA title XXI (Teaching Hospitals and Graduate Medical Education Trust Fund) establishing in the Treasury the Teaching Hospital and Graduate Medical Education Trust Fund for payments to teaching hospitals out of specified transfers from the Medicare trust funds and other amounts. Provides within HHS for a temporary advisory counsel (the National Advisory Council on Postgraduate Medical Education) to advise the Secretary on postgraduate medical education financing for assuring an adequate supply of trained specialists consistent with our country's health care needs. (Sec. 8242) Modifies payment policies under Medicare regarding indirect costs of graduate medical education, reducing payment adjustments for indirect medical education. Subtitle D: Provisions Relating to Medicare Beneficiaries - Makes specified changes with regard to the Medicare part B premium, including freezing it for 1996. (Sec. 8302) Amends the Internal Revenue Code to make the full cost of Medicare part B coverage payable by high-income individuals. (Sec. 8303) Provides annual screening mammography for women over age 49, plus expanded coverage of other preventive benefits under Medicare such as colorectal screening, prostate cancer screening tests and diabetes outpatient self-management training services. Subtitle E: Medicare Fraud Reduction - Outlines various specified measures designed for preventing fraud and abuse under the Medicare program or a State health care program, including among them in addition to the special fraud alerts initially set out: (1) special outreach and other efforts by the Secretary which include establishing a beneficiary incentive program for collecting information on fraud and abuse under Medicare; (2) establishment of the Medicare Integrity Program and associated Anti-Fraud and Abuse Trust Fund for contracting out to eligible private entities specified anti-fraud and abuse activities; (3) establishment by the Secretary of certain fraud reduction demonstration projects; and (3) provide direct spending for Medicare-related anti-fraud activities of the HHS Inspector General. Provides appropriations from the Anti-Fraud and Abuse Trust Fund to carry out the Medicare Integrity Program. (Sec. 8407) Requires the Secretary to recommend to the Congress legislative changes to the Medicare program to enable the prices paid for items and services under it to be established on a more competitive basis. Subtitle F: Improving Access to Health Care - Outlines various specified changes with regard to rural hospitals for the purpose of improving access to health care in rural areas, among other changes, by establishing a rural emergency access care hospital program and a system of additional payments under Medicare for physicians' services furnished in shortage areas. Reduces updates for sole community hospitals. Requires the Medicare Payment Review Commission to study and report to the Congress on the impact of the designation of hospitals as sole community hospitals under the Medicare program on the delivery of health care services to individuals in rural areas. Prohibits denial of request for reclassification of rural referral centers on basis of comparability of wages. Provides for State and consortium demonstration projects for increasing the number of medical students entering primary case practice relative to those entering nonprimary care practice. Requires the Secretary to develop and publish a model law that may be adopted by States to increase the access of individuals residing in underserved rural areas to health care services by expanding the services which non-physician health care professionals may provide in such areas. (Sec. 8512) Amends the Internal Revenue Code to exclude national health service corps loan repayments from gross income. (Sec. 8513) Directs the Secretary to establish a methodology for making payments under Medicare part B for telemedicine services furnished on an emergency basis to individuals residing in an area designated as a health professional shortage area. (Sec. 8514) Provides for an HHS demonstration project to assess the advantages and disadvantages of requiring Medicare Choice organizations to market their products in certain underserved areas which are near the standard service area for such products. (Sec. 8521) Provides for Medicare program payments for health care services provided in the military health services system. Subtitle G: Other Provisions - Provides, with regard to Medicare as secondary payer, for: (1) extension and expansion of existing requirements; (2) recovery against third party administrators of primary plans; and (3) prohibition of retroactive application (before April 24, 1995) of a certain policy directive regarding end stage renal disease beneficiaries enrolled in primary plans. (Sec. 8602) Repeals the Medicare and Medicaid Coverage Databank under SSA title XI. (Sec. 8603) Provides that nothing in SSA title XVIII may be construed to prohibit coverage under Medicare part A or B of items and services associated with the use of a medical device in the furnishing of inpatient hospital services solely on the grounds that the device is not an approved device, if it is an investigational device and is used instead of an approved device. States that the amount of Medicare payment for any item or service associated with the use of an investigational device in the furnishing of such services may not exceed the amount of the payment which would have been made for the item or service if it were associated with the use of an approved device. (Sec. 8604) Excludes from Medicare coverage items or services used for euthanasia. (Sec. 8605) Extends Medicare coverage of, and application of the hospital insurance tax to, all State and local government employees. Authorizes appropriations. Subtitle H: Monitoring Achievement of Medicare Reform Goals - Directs the Secretary to establish budgetary and program goals for the Medicare program that are consistent with: (1) specified restrictions on total Medicare outlays for FY 1996 through FY 2002; and (2) an equitable distribution of funds between per beneficiary spending on payments to Medicare Choice organizations and spending on fee-for-service payments to Medicare providers. Requires such goals also to be consistent with the establishment of payments to such organizations in a manner that: (1) promotes the availability of Medicare Choice products in all regions of the country; and (2) permits such organizations to offer adequate coverage. (Sec. 8702) Establishes the Medicare Reform Commission to examine how Medicare has met such goals, with recommendations concerning any problems found to exist submitted to the President for transmittal with corrections to the Congress for action. Authorizes appropriations. Subtitle I: Lock-Box Provisions for Medicare Part B Savings from Growth Reductions - Establishes under Medicare part B in the Treasury the Federal Medicare Growth Reduction Trust Fund for the savings under such part that are attributable to this Act. Subtitle J: Clinical Laboratories - Amends the Public Health Service Act to exempt from certification requirements under such Act clinical laboratories in physician offices (except when pap smear analysis is performed). Title IX: Welfare Reform - Subtitle A: Temporary Employment Assistance - Replaces the current Aid to Families with Dependent Children (AFDC) Program under SSA title IV part A with a Temporary Employment Assistance (TEA) program for the purpose of providing assistance to families with needy children and assisting parents of such children to obtain and retain private sector work to the extent possible, and public sector or volunteer work if necessary, through the Work First Employment Block Grant program. Authorizes appropriations. (Sec. 9101) Sets forth State TEA plan elements necessary for plan approval by the Secretary of Health and Human Services (HHS). Includes among them, in addition to certain administrative requirements for ensuring that families on TEA assistance become self-sufficient, the following key elements: (1) limited time for cash assistance, with specified exceptions for teen parents, hardship situations, and individuals exempt from certain work requirements under this title because of illness or other specified reasons; (2) assessment, before such individuals may receive TEA assistance, of the skills, prior work experience, and employability of each applicant for, and recipient of, TEA assistance who has attained age 18 or has not obtained a high school education, and is not attending secondary school; (3) development of an individual responsibility plan on the basis of such assessment, setting forth certain job search, work-, and education-related obligations (including, at State option, appropriate substance abuse treatment) of such individuals in order for them to receive the full amount of TEA assistance (denying it for plan noncompliance after the third offense); (4) State operation a Work First Program (replacing the current Job Opportunities and Basic Skills Training (JOBS) program) and a workfare or job placement voucher program for individuals prohibited from participation in the Work First program; (5) assurance that all such applicants and recipients will cooperate in paternity establishment and enforcement of child support obligations, and that the State agency will report known or suspected instances of child abuse to the appropriate authorities; (6) State efforts to promote family preservation and stability; and (7) denial of TEA assistance for fraudulent statements made with regard to residence in order to obtain multiple assistance payments and for probation and parole violators. Outlines State payment and miscellaneous State plan quality assurance and data collection, compilation, and reporting requirements, as well as certain research, demonstration, and evaluation requirements (including requirements for the Secretary to establish certain regional information centers for disseminating information concerning welfare reform) with regard to the different State approaches to operating welfare programs under this subtitle. Provides that, upon receiving notice from a State agency administering an approved plan that a named individual has been overpaid under it, the Secretary of the Treasury shall: (1) determine whether any tax refunds are payable to such individual, regardless of whether he or she filed a return as a married or unmarried individual; and (2) withhold from any such refunds an amount equal to the overpayment sought to be collected, and pay it to the State agency. Requires the Secretary to issue regulations allowing a State to submit requests for collection of overpayments only with respect to individuals no longer receiving TEA assistance against whom the State has already taken appropriate action, including notice of its intent to request such withholding of income tax refunds. Specifies rules for the collection of overpayments under SSA title IV part A. Subtitle B: Make Work Pay - Amends SSA title XIX (Medicaid) to give States the option of providing for an extension of Medicaid enrollment for former AFDC recipients for one additional year. (Sec. 9202) Requires State TEA, food stamp, and Medicaid plans to provide their respective applicants and former recipients with written notice of the existence and availability of the earned income tax credit, with changes under the Omnibus Budget Reconciliation Act of 1990 providing for such notice of availability to be included on employee W-4 forms. (Sec. 9204) Amends the Internal Revenue Code (IRC) to provide for State demonstrations for advance payment of earned income tax credit. Authorizes appropriations. (Sec. 9205) Repeals the Child Care and Development Block Grant Act of 1990 and provides for funding of child care services through the program under SSA title XX (Block Grants to States for Social Services), with limited funding for child care grants under such program to supplement State and local funds as well as Federal funds provided under other Acts for child care activities. Requires the appropriate State agencies under such program to guarantee child care for participants involved in the education, training, community service, and employment initiatives above connected with State TEA programs. (Sec. 9206) Amends IRC to: (1) include TEA, food stamp, and supplemental security income (SSI) assistance in gross income and exclude such benefits from being taken into account for purposes of the earned income tax credit; and (2) make the dependent care credit refundable and exclude certain high-income taxpayers from being eligible for such credit. Subtitle C: Work First - Replaces the JOBS program under SSA title IV part F with the Work First program under which States have the option of offering a wide variety of job-related activities (including use of job placement companies) to TEA program participants in order to provide them in a cost-effective fashion with the support and skills necessary to obtain and keep full-time unsubsidized employment, preferably in the private sector. (Sec. 9301) Outlines various specified: (1) program components, including microenterprise initiatives, workfare or community service programs, work supplementation programs for jobs with the State or jobs subsidized by the State in the private sector, job placement voucher programs for States not operating a workfare or community service program, and mandatory job search requirements; and (2) associated rules, cost limits, participation and funding requirements, and performance standards for measuring the effectiveness of such programs. Expresses the intent of the Congress that State job-related activities emphasize the use of funds that would otherwise be used to provide individuals with TEA and food stamps to subsidize the wages of such individuals in temporary jobs. Expresses the sense of the Congress that States should target individuals below age 25 for participation in the Work First program in order to break the cycle of welfare dependency. Subtitle D: Family Responsibility and Improved Child Support Enforcement - Chapter 1: Eligibility and Other Matters Concerning Title IV-D Program Clients - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act (SSA) to require States to have statutorily prescribed procedures to: (1) record child support orders in a central case registry; and (2) collect child support payments through a centralized collections unit. Permits parties to a child support order to opt for an alternative payment procedure. (Sec. 9401) Revises the guidelines for: (1) State plans for child and spousal support; and (2) payments distribution. (Sec. 9403) Requires State plans to establish procedural guidelines for: (1) notification of all proceedings and orders affecting child support obligations; and (2) privacy safeguards regarding paternity and child support actions. Chapter 2: Program Administration and Funding - Revises the formula for: (1) Federal matching payments to the States; and (2) incentive adjustments to the Federal matching rate. (Sec. 9413) Requires a State plan for child and spousal support to include prescribed procedures for State reviews and audits. Revises the guidelines for Federal evaluation and audit of State programs governing paternity, child and spousal support, and parent location. (Sec. 9415) Revises the automated data processing requirements for State plans to mandate a single statewide automated data processing and information retrieval system which can perform specified tasks. (Sec. 9416) Directs the Secretary of Health and Human Services to conduct staffing studies of each State child support enforcement program and to report the results to the Congress. (Sec. 9417) Makes funds available to the Secretary for: (1) training of Federal and State staff, research and demonstration programs, and special projects of regional and national significance; and (2) operation of the Federal Parent Locator Service. Chapter 3: Locate and Case Tracking - Mandates that the single statewide automated data system function as a single central case registry of State-provided services and support orders. Delineates contents of case records and data matching activities, including data exchange with sister States. (Sec. 9422) Requires State plans to include a centralized, automated unit for the collection and disbursement of support payments. (Sec. 9423) Requires the States to have statutorily prescribed procedures: (1) for mandatory income withholding for support payments subject to enforcement; and (2) under which child support orders issued before October 1, 1996, shall become subject to withholding from wages if arrearages occur, without the need for a judicial or administrative hearing. Revises the procedural guidelines for income withholding for child support enforcement. (Sec. 9425) Revises the Federal Parent Locator Service to add kinds of information which may be transmitted to locate individuals and assets for purposes of establishing parentage and executing child support obligations. Requires the Secretary to establish in the Service a Data Bank of Child Support Orders and an automated directory of New Hires. (Sec. 9426) Requires State plans to include procedures for recording social security numbers on certain family legal documents and records. Chapter 4: Streamlining and Uniformity of Procedures - Requires each State to have the Uniform Interstate Family Support Act in effect as of January 1, 1997. (Sec. 9432) Amends the Federal judicial code to revise the procedures for a court to apply when determining which State order to recognize for purposes of continuing, exclusive jurisdiction and enforcement for child support orders. (Sec. 9433) Amends SSA title IV part D to revise State plan guidelines for mandatory expedited administrative and judicial procedures to include: (1) authorized genetic testing to establish paternity; and (2) the securing of assets and increasing of monthly payments to satisfy a support arrearage. Chapter 5: Paternity Establishment - Expresses the sense of the Congress that social services should be provided in hospitals to women who have become pregnant as a result of rape or incest. (Sec. 9442) Requires State laws to prescribe procedures for parenting counseling for new fathers that stresses the importance of paying child support. (Sec. 9443) Requires State plans to prescribe specified administrative procedures governing agency determination as to whether an individual is cooperating with efforts to establish paternity and secure support, or has good cause not to cooperate with such efforts. (Sec. 9444) Increases the base matching rate for Federal payments to the States for grants for dependent children. (Sec. 9445) Revises the guidelines for statutorily prescribed procedures governing genetic testing and outreach for voluntary paternity acknowledgment. Chapter 6: Establishment and Modification of Support Orders - Establishes the National Child Support Guidelines Commission to develop a national child support guideline for consideration by the Congress that is based on a study of various guideline models, the benefits and deficiencies of such models, and any needed improvement. (Sec. 9452) Revises the requirements for State plan procedures for the review and adjustment of support orders. Chapter 7: Enforcement of Support Orders - Amends the Internal Revenue Code to revise the order of refund distribution with respect to past-due support owed to individuals. (Sec. 9463) Amends SSA title IV part D to revise procedural guidelines for: (1) consent by the United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations of current and retired Federal employees; and (2) enforcement of child support obligations of current and retired members of the armed forces. (Sec. 9465) Requires States to have statutorily prescribed procedures for: (1) placing liens for child support arrearages on motor vehicle titles of the debtor; (2) voiding fraudulent transfers by a child support debtor; (3) suspending any driver's, business, or occupational license issued to any person who owes past-due child support; (4) reporting to credit bureaus the name of the parent in arrears for child support; (5) extending the statute of limitations for collection of child support arrearages; and (6) calculating interest or penalties on such arrearages. (Sec. 9471) Prescribes procedural guidelines for passport denial (including revocation) upon certification of nonpayment of child support. (Sec. 9472) Expresses the sense of the Congress that the United States should ratify the United Nations Convention of 1956. Requires State plans to provide that the State must treat international child support cases as interstate cases. (Sec. 9473) Requires States to have statutorily prescribed procedures under which failure to pay child support arrearages results in seizure by a State agency of: (1) insurance settlements or payouts; (2) judicial awards; (3) sale of forfeited property; and (4) bequests. (Sec. 9474) Requires State plans to include procedures under which grandparents are liable for the financial support of the children of their minor children. (Sec. 9475) Expresses the sense of the Congress that the States should develop programs specifically designed to work with noncustodial parents who are unable to meet their child support obligations. Chapter 8: Medical Support - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to include within the definition of medical child support order an order issued through a State administrative process. Chapter 9: Food Stamp Program Requirements - Amends the Food Stamp Act of 1977 to set forth as a prerequisite to eligibility for the Food Stamp Program cooperation by the custodial parent with child support agencies regarding paternity and child support. (Sec. 9492) Denies eligibility to participate in the Food Stamp Program to any individual that is delinquent in any court-ordered payment for child support. Chapter 10: Effect of Enactment - Sets forth effective dates for portions of this title. Subtitle E: Teen Pregnancy and Family Stability - Amends Title IV part A (AFDC) to prescribe guidelines under which State plans may deny temporary employment assistance to recipient families having additional children while receiving such assistance. (Sec. 9502) Requires State plans to set as a prerequisite for temporary employment assistance to pregnant unwed minors (or minors with needy children in their care), that such individuals reside in certain supervised living arrangements with an adult relative or legal guardian. (Sec. 9503) Amends title XX (Block Grants to States for Social Services) to establish a National Clearinghouse on Adolescent Pregnancy Prevention Programs. Enumerates maximum grant amounts for such Clearinghouse. (Sec. 9504) Amends Title IV part A (AFDC) to require that State plans mandate completion of high school or other training for custodial teenage parents who are required to participate in the Work First program. Authorizes States to provide additional incentives and penalties to encourage teen parents to complete high school and participate in parenting activities. (Sec. 9505) Denies Federal housing benefits to minors who bear children out-of-wedlock, with specified exceptions. (Sec. 9506) Amends Title IV part A (AFDC) to prescribe guidelines under which State plans are granted the option of denying temporary employment assistance to minor parents. Subtitle F: SSI Reform - Amends SSA title XVI (Supplemental Security Income) (SSI) to revise the rules with respect to childhood eligibility, with corresponding changes to childhood SSI regulations modifying the medical criteria for evaluation of mental and emotional disorders, and discontinuing the use of individualized functional assessments for children. Requires the Commissioner of Social Security to redetermine the eligibility of any individual under age 18 who is receiving SSI benefits based on a disability as of the date of the enactment of this Act and whose eligibility for such benefits may terminate by reason of the amendments of this subtitle. (Sec. 9602) Provides that not less frequently than once every three years the Commissioner shall review the continued SSI eligibility of each individual who has not attained 18 years of age and is eligible for such benefits by reason of an impairment (or combination of impairments) which may improve (or, which is unlikely to improve, at the option of the Commissioner). Requires a parent or guardian of a recipient whose case is so reviewed to present, at the time of review, evidence demonstrating that the recipient is, and has been, receiving treatment, to the extent considered medically necessary and available, of the condition which was the basis for providing benefits under the SSI program. Provides that if an individual is eligible for SSI benefits by reason of disability for the month preceding the month in which the individual attains age 18, the Commissioner shall redetermine such eligibility: (1) during the one year period beginning on the individual's 18th birthday; and (2) by applying the criteria used in determining the initial eligibility for applicants who have attained age 18. Specifies requirements governing: (1) continuing disability reviews for low birth weight babies; and (2) benefit payments through representative payees to eligible individuals and their spouses. (Sec. 9603) Revises representative payee requirements. (Sec. 9604) Denies SSI by reason of disability to drug addicts and alcoholics for whom the addiction or alcoholism is a contributing factor material to the determination of disability. Provides that, out of any money in the Treasury not otherwise appropriated, the Secretary of the Treasury shall pay to the Director of the National Institute on Drug Abuse specified amounts for expenditure on drug treatment and drug abuse and drug treatment research for FY 1997 through 2000. (Sec. 9605) Denies SSI benefits for ten years to individuals found to have fraudulently misrepresented residence in order to obtain benefits simultaneously in two or more States. (Sec. 9606) Denies SSI benefits for fugitive felons and probation and parole violators and provides for exchange of SSI information with law enforcement agencies. (Sec. 9607) Outlines reapplication requirements for adults receiving SSI benefits by reason of disability. Authorizes appropriations. (Sec. 9608) Provides for a reduction in the unearned income exclusion under provisions for determining the income of an individual and his eligible spouse under SSI. Subtitle G: Food Assistance - Chapter 1: Food Stamp Program - Amends the Food Stamp Act of 1977 (Act) to establish food stamp program (program) certification periods of: (1) 24 months for households whose adult members are elderly or disabled; and (2) not more than 12 months for all other households. Includes energy assistance in household income determinations. Excludes Job Training Partnership Act income from such determinations. Excludes life insurance policies from family resource determinations. (Sec. 9703) Authorizes the Secretary of Agriculture (Secretary), with regard to retail food stores and wholesale food concerns (stores), to: (1) establish authorization periods for coupon acceptance and redemption; and (2) establish specific time periods for prohibiting program participation of stores based on lack of business integrity. (Sec. 9705) Includes sales tax information among the types of eligibility verification information which may be requested. (Sec. 9706) Establishes a six-month reapplication waiting period for a store that does not meet participation requirements. (Sec. 9708) Authorizes suspension of a store pending administrative and judicial review. (States that the Secretary shall not be liable for lost sales during such period.) (Sec. 9709) Provides for disqualification of a store that is disqualified from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). (Sec. 9710) Provides for permanent disqualification of a store that knowingly submits a falsified application. (Sec. 9711) Expands civil and criminal forfeiture for specified violations of the Act. (Sec. 9712) Amends the Social Security Act as amended by the Social Security Administrative Reform Act of 1994, and the Internal Revenue Code as added to by the Social Security Administrative Reform Act of 1994, to authorize information sharing with State WIC enforcement instrumentalities. (Sec. 9713) Amends the Act to expand the definition of "coupon." (Sec. 9714) Increases penalties for specified program violations. (Sec. 9715) Makes the collection of over-issuance of coupons from Federal pay or Federal tax refunds (as authorized by this section) mandatory. (Sec. 9716) Encourages and authorizes States to implement electronic benefit transfer systems. (Sec. 9717) Reduces annual "thrifty food plan" adjustments. (Sec. 9718) Freezes standard deduction adjustments for two years. (Sec. 9720) Disqualifies an individual from program participation for: (1) participation in two or more States; and (2) child support arrears. (Sec. 9722) Authorizes the use of program information to assist in locating fugitive felons. (Sec. 9723) Defines "work program." Makes nonexempt persons ineligible for program benefits if during the preceding 12-month period they received food stamps for six months or more without working at least 20 hours per week, or participating in a workfare program. Sets forth exempted persons and situations. Revises work requirement and employment and training provisions. Extends employment and training funding authorizations. (Sec. 9725) Extends current claims retention rates. (Sec. 9726) Extends Puerto Rico block past assistance. (Sec. 9727) Treats children who are themselves parents living with their children and married children living with their spouses as part of an existing household rather than as a separate household. Chapter 2: Commodity Distribution - Commodity Distribution Act of 1995 - Authorizes the Secretary to purchase and distribute food assistance commodities to the States. (Sec. 9753) Requires the Secretary to establish procedures for supplemental State, local, and private commodity donations. (Sec. 9754) Requires a State seeking commodity assistance to submit an administrative plan every four years to the Secretary. (Sec. 9755) Establishes program allocation guidelines. Requires States to make emergency feeding organizations their first priority. (Sec. 9756) Authorizes the Secretary to use Commodity Credit Corporation (CCC) funds to pay initial commodity processing and packaging costs. (Sec. 9758) Authorizes program appropriations, including a separate authorization of appropriations for administrative costs. (Sec. 9760) Obligates specified funds for a commodity supplemental food program for women, infants, and children or the elderly. Requires the CCC to donate specified amounts of cheese and nonfat dry milk to such program. (Sec. 9761) States that commodities received under this title shall not be considered income or resources for any Federal, State, or local means-tested program. (Sec. 9768) Repeals the Emergency Food Assistance Act of 1983. Eliminates specified provisions of: (1) the Commodity Distribution Reform Act and WIC Amendments of 1987; (2) the Charitable Assistance and Food Bank Act of 1987; (3) the Food Security Act of 1985; (4) the Agricultural and Consumer Protection Act of 1973; (5) the Food, Agriculture, Conservation, and Trade Act of 1990; and (6) the Hunger Prevention Act of 1988. Chapter 3: Other Programs - Amends the National School Lunch Act to prohibit an institution with more than one employee from participating in the child and adult care food program if employee payments are based upon the number of day care homes recruited, managed, or monitored. Revises day care home reimbursement provisions, including sponsor payments. Obligates specified FY 1996 funds for State grants to family or group day care homes. Requires specified census data to be provided to day care sponsoring organizations. (Sec. 9782) Amends the Child Nutrition Act of 1966 to authorize appropriations (current authorization is discretionary) for the nutrition education and training program. Subtitle H: Treatment of Aliens - Extends the period of sponsor attribution of income and resources (to an alien) under the statewide temporary assistance program (TEA), the supplemental security income program (SSI), and the food stamp program through the date (if any) of such alien's citizenship. Sets forth exceptions based upon age, military or veteran status, family status, domestic violence, or taxpaying status. (Permits Medicaid eligibility.) Amends the Social Security Act to set forth TEA rules regarding income and resource attribution. (Sec. 9802) Amends the Immigration and Nationality Act to set forth rules for sponsor affidavits of support. (Sec. 9803) Extends affidavit of support requirements to family- related and diversity immigrants. Subtitle I: Earned Income Credit - Amends the Internal Revenue Code to require an individual claiming the earned income tax credit to include the individual's and, if married, the spouse's social security number on the individual's tax return. Title X: Reductions In Corporate Tax Subsidies and other Reforms - Revenue Reconciliation Act of 1995 - Subtitle A: Tax Treatment of Expatriation - Sets forth the tax responsibilities of: (1) any U.S. citizen who relinquishes his or her U.S. citizenship; or (2) any long-term U.S. resident who commences to be treated as a resident of a foreign country under provisions of a tax treaty and who does not waive the benefits of such treaty applicable to residents of the foreign country. Allows an exclusion from gain of up to $600,000. Permits an expatriate to elect to continue to be taxed as a United States citizen, in which case the provisions applicable to other expatriates will not apply. Provides for the determination of the basis of the assets of a nonresident alien individual who becomes a U.S. citizen or resident. Subtitle B: Modification to Earned Income Credit - Amends the Internal Revenue Code to include capital gain net income in the definition of disqualified income for purposes of the denial of the earned income credit for individuals having excessive income. Subtitle C: Alternative Minimum Tax on Corporations Importing Products into the United States at Artificially Inflated Prices - Imposes an alternative minimum tax on certain corporations equal to four percent of their net business receipts for a taxable year. Imposes such tax on a corporation (foreign or domestic) if: (1) its gross sales in the United States of manufactured parts or products exceeded $10 million; (2) it imported such products with a customs value in excess of $10 million (artificially inflated prices); and (3) its tax obligation under the alternative minimum tax exceeds its total tax obligation. Subtitle D: Tax Treatment of Certain Extraordinary Dividends - Provides, with respect to a corporate shareholder's basis in stock reduced by the non-tax portion of extraordinary dividends, that if the non-taxed portion of such dividends exceeds such basis, such excess shall be treated as gain from the sale or exchange of such stock for the taxable year in which the extraordinary dividend is received. Subtitle E: Foreign Trust Tax Compliance - Revises the requirements regarding information that must be reported regarding certain foreign trusts. Modifies the circumstances (with regard to foreign trusts having one or more U.S. beneficiaries) in which a transferor is treated as the owner. Replaces provisions setting forth a special rule applicable to foreign grantors with provisions declaring that provisions relating to treating grantors and others as substantial owners shall apply only when that application results in an amount being currently taken into account in computing the income of a U.S. citizen or resident or a domestic corporation. Requires a United States person to report information regarding foreign gifts or bequests when the gifts' aggregate value during a taxable year exceeds $10,000. Modifies requirements regarding the interest charge on accumulation distributions from foreign trusts. Changes the circumstances in which an estate or trust is included in the definition of "United States person." Modifies the definition of "foreign estate or trust." Requires (for provisions relating to the imposition of a tax on transfers to avoid income tax) treating a trust which is not a foreign trust and which becomes a foreign trust as having transferred, immediately before becoming a foreign trust, all of its assets to a foreign trust. Subtitle F: Limitation on Section 936 Credit - Revises the Puerto Rico and possessions tax credit. Provides for a five year phasedown with respect to such credit. Title XI: Committee on Veterans' Affairs - Veterans Reconciliation Act of 1995 - Subtitle A: Permanent Extension of Temporary Authorities - Makes permanent the: (1) requirement that non-service disabled veterans having incomes above a specified level make copayments in exchange for hospital and medical care received through the Department of Veterans Affairs; (2) authority of the Department to recover from primary insurers the cost of care furnished to veterans in Department health-care facilities; (3) authority to verify a veteran's income for purposes of eligibility for needs-based benefits; (4) pension payment limitation of $90 monthly to Medicaid-eligible veterans and their surviving spouses who have no dependents and who reside in Medicaid-participating nursing homes; (5) authority of the Secretary of Veterans Affairs to charge and collect a home loan fee for Department-guaranteed housing loans; and (6) procedures applicable upon default of such guaranteed loans. Subtitle B: Other Matters - Revises the Government's liability standard for injuries or death resulting from Department treatment to allow compensation to be awarded for the additional disability in the same manner as if the disability or death were service-connected. Provides proximate cause requirements. (Sec. 11022) Extends through FY 1996 (currently, December 31, 1995) the authority of the Secretary to guarantee the real estate mortgage investment conduits used to market pools of veterans' loans. (Sec. 11023) Authorizes the Department to collect veterans' home loan guaranty debts in the same manner as all other debts arising under Department programs. Requires the Department to provide affected individuals with notice of the procedure for appealing the collection determination. Subtitle C: Health Care Eligibility Reform - Revises provisions concerning a veteran's eligibility for hospital care and medical services to: (1) allow such care to be provided only to the extent that amounts are provided in advance in appropriations Acts; and (2) provide full eligibility for both hospital and outpatient care for service-disabled veterans, former prisoners of war, veterans of the Mexican border period or World War I, low-income veterans, and veterans who were exposed to a toxic substance, radiation, or an environmental hazard while on active duty. (Sec. 11032) Extends through December 31, 1998, the authority to provide priority hospital care and medical services for certain Persian Gulf War veterans. (Sec. 11033) Makes certain veterans eligible for prosthetic devices as long as they are receiving ongoing care through the Department. (Currently, hospitalization is required before such veterans are so eligible.) (Sec. 11034) Directs the Secretary, in managing the provision of hospital care and medical services, to establish and operate a system of annual patient enrollment, with specified patient priorities. Requires the system to be managed to assure the provision of timely and quality care. Requires the Secretary to establish and manage Department health-care programs in a manner which promotes cost- effective delivery of health care services in the most clinically appropriate setting. Requires the Department to maintain its capacity to provide for specialized needs of certain disabled veterans. (Sec. 11035) Amends the Veterans Health Care Act of 1992 to repeal a provision which terminates on October 1, 1996, the authority of the Secretary to enter into health care resource sharing agreements with the Department of Defense. Entitles the Unites States to recover from primary insurance providers the cost of care or services provided under such Act through a Department medical facility. (Sec. 11036) Repeals a statement of congressional purpose with respect to the Department's sharing of specialized medical facilities, equipment, and information. Expands such sharing authority to include all health care resources and to allow health care providers, plans, and insurers, or other entities or individuals to participate in such sharing arrangements. Increases the authorized payment terms with respect to shared resources. (Currently, only reciprocal reimbursement is permitted.) Allows the Secretary to enter into such arrangements for the treatment of non-veterans only in limited circumstances. (Sec. 11037) Exempts from Department medical personnel ceiling limits all positions held by persons involved in providing health-care resources under sharing arrangements. Title XII: Legislative Branch - Requires that any unobligated funds following a fiscal year from the official expenses allowance of the House of Representatives be dedicated to the Deficit Reduction Fund. Title XIII: Miscellaneous Provisions - Eliminates the disparity between the effective dates for the military and civilian retiree cost-of-living adjustments for FY 1996, 1997, and 1998. Provides for the disposal of specified quantities of the following materials from the National Defense Stockpile: (1) cobalt; (2) aluminum; (3) ferro columbium; (4) germanium; (5) palladium; (6) platinum; and (7) rubber. Requires that certain executive branch agencies prepay the Government contributions which are or will be required in connection with providing health-benefits coverage for annuitants of such agencies. Amends the Internal Revenue Code to extend for seven years the Hazardous Substance Superfund Financing Rate and the repayment date for Superfund borrowing. Title XIV: Budget Process Provisions - Balanced Budget Enforcement Act of 1995 - Establishes a Board of Estimates which shall issue a report stating whether it has chosen the sequestration preview report and final sequestration report of the Office of Management and Budget or the reports of the Congressional Budget Office. Permits the Board to change the list of major estimating assumptions to be used by the Office of Management and Budget and the Congressional Budget Office. Subtitle B(sic): Discretionary Spending Limits - Amends the Congressional Budget Act of 1974 establish discretionary spending limits for FY 1996 through 2002. Extends congressional committee allocation and enforcement provisions and the applicability of certain points of order through 2002. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to revise and extend the budgetary amounts through FY 2000 for the Violent Crime Reduction Trust Fund. Revises the general statement of budget enforcement to apply to discretionary spending limits and pay-as-you-go requirements rather than expired maximum deficit amounts. Extends enforcement of discretionary spending limits through FY 2002. Subtitle C: Pay-As-You-Go Procedures - Permanently extends pay-as-you-go provisions (except for the emergency legislation provision which is repealed) and provides for ten-year scorekeeping. Subtitle D: Miscellaneous - Repeals effective date provisions of title II of Gramm-Rudman-Hollings. Subtitle E: Deficit Control - Establishes decreasing deficit targets for FY 1996 through 2002, with a target of zero for each FY after 2002. Sets forth procedures (including sequestration procedures)to be followed if the deficit exceeds the targeted amount for a fiscal year. Lists accounts and activities exempt from sequestration. Subtitle F: Line Item Veto - Makes provision for line item veto authority, which shall be effective unless disapproved by the passage, as specified, of a rescissions-receipts disapproval bill. Permits any Member of Congress to seek judicial review of any provision of this subtitle. Subtitle G: Enforcing Points of Order - Amends Congressional Budget Act of 1974 provisions concerning points of order in the Senate and House of Representatives. Subtitle H: Deficit Reduction Lock-box - Requires any appropriation bill being marked up or reported to contain a line item entitled "Deficit Reduction Lock-box". Specifies amounts which shall comprise such line in any reported: (1) general appropriations bill containing Treasury and Postal Service appropriations; (2) general appropriations bill; or (3) supplemental appropriations bill. Provides for the reduction of the discretionary spending limit for new budget authority by the amount of budget authority transferred to the Deficit Reduction Lock-box. Requires the Congressional Budget Office scorecard to include amounts contained in the Deficit Reduction Lock-box. Subtitle I: Emergency Spending; Baseline Reform; Continuing Resolutions Reform - Chapter 1: Emergency Spending - Provides for the establishment of a budget reserve account for the purpose of setting aside adequate funding for natural disasters and national security measures. Set forth provisions concerning: (1) points of order regarding emergencies; (2)congressional budget process changes; and (3) reporting. Chapter 2: Baseline Reform - Provides, when making baseline assumptions, for adjustments: (1) for inflation, only to adjust discretionary spending limits; and (2) to offset pay absorption and for pay annualization, only to adjust discretionary spending limits. Requires the President's budget to include estimated expenditures and appropriations for the current fiscal year. Requires the starting point for any congressional budget deliberations for the next fiscal year to be the estimated level of outlays for the current year in each function and subfunction. Chapter 3: Restricted Uses of Continuing Resolutions - Amends the Rules of the House of Representatives to: (1) prohibit any item of appropriation set forth in any joint resolution continuing appropriations, or amendment thereto, from exceeding the rate it would have been at assuming the continuation of current law; and (2) prohibit it being in order to consider any joint resolution continuing appropriations, or amendment thereto, which changes existing law. Subtitle J: Technical and Conforming Amendments - Makes technical and conforming amendments to: (1) the Congressional Budget and Impoundment Control Act of 1974; (2) the Rules of the House of Representatives; and (3) provisions concerning the President's budget. Subtitle K: Truth in Legislating - Requires the report or joint explanatory statement accompanying each House of Representatives reported bill or resolution of a public character to: (1) identify each provision benefitting ten or fewer persons, corporations, organizations, projects, or civil subdivisions; (2) name each beneficiary; (3) name sponsors; and (4) contain a cost estimate.
Bill· SS. 1359 (104th)open
United States · United States Congress · 24 October 1995
Veterans Health Care Management and Contracting Flexibility Act of 1995 - Reduces from 90 to 45 days the required period of prior congressional notification after which the Secretary of Veterans Affairs may implement an administrative reorganization within the Department of Veterans Affairs. Repeals a Federal provision which prohibits, with an exception, the Secretary from entering into a contract under which an activity at a Department health care facility currently performed by Federal employees is converted to one performed by employees of a Federal contractor. Authorizes the Secretary to enter into agreements with non-Department health care facilities and providers for the sharing of all health-care resources (currently, only specialized medical resources).
Bill· SS. 1360 (104th)open
United States · United States Congress · 24 October 1995
TABLE OF CONTENTS: Title I: Individual's Rights Subtitle A: Review of Protected Health Information by Subjects of the Information Subtitle B: Establishment of Safeguards Title II: Restrictions on Use and Disclosure Title III: Sanctions Subtitle A: Civil Sanctions Subtitle B: Criminal Sanctions Title IV: Miscellaneous Medical Records Confidentiality Act of 1995 - Defines "health information trustee" (HIT) to mean a person or entity that creates, receives, obtains, maintains, uses, or transmits protected health information (PHI) and any employee, agent, or contractor of such a person. Title I: Individual's Rights - Subtitle A: Review of Protected Health Information by Subjects of the Information - Requires a HIT to permit an individual who is the subject of PHI to inspect and copy the information, subject to cost reimbursement and exceptions. (Sec. 102) Provides for correction or amendment of PHI, written notice of a HIT's information practices, and development of a model notice. Subtitle B: Establishment of Safeguards - Requires a HIT to maintain: (1) administrative, technical, and physical confidentiality safeguards; and (2) for at least seven years, a record of any PHI disclosure not related to treatment. Title II: Restrictions on Use and Disclosure - Prohibits disclosures except: (1) as allowed under this title; (2) compatible with the purposes for which the information was obtained; and (3) in the minimum amount necessary to accomplish the disclosure's purpose. (Sec. 202) Regulates disclosure authorizations: (1) related to treatment or payment, including providing for revocation or amendment of authorization and development and dissemination of model authorizations; and (2) not related to treatment or payment. (Sec. 204) Allows disclosure to a certified health information service for the purpose of creating nonidentifiable health information. Provides for certification. (Sec. 205) Specifies the circumstances in which disclosure is allowed: (1) to an individual's next of kin; (2) to any other person; and (3) after death. (Sec. 207) Allows disclosure to a health oversight agency for an oversight function authorized by law. (Sec. 208) Allows specified entities to disclose PHI to a public health authority or other person authorized by law for use in a legally authorized disease or injury report, public health surveillance, or public health investigation or intervention. (Sec. 209) Specifies the circumstances in which disclosure to a certified institutional review board is allowed. Provides for certification. (Sec. 210) Allows specified entities to disclose PHI in connection with certain judicial or administrative proceedings. (Sec. 211) Allows specified entities to disclose PHI pursuant to a subpoena if certain procedures are followed. Sets forth challenge procedures. (Sec. 212) Regulates disclosure related to government subpoenas, warrants, and summonses. (Sec. 213) Directs the Secretary of Health and Human Services to promulgate standards for disclosing, authorizing, and authenticating protected health information in electronic form. Title III: Sanctions - Subtitle A: Civil Sanctions - Imposes on HITs a civil penalty for substantial and material failure to comply with this Act. Provides, if the violations have occurred with such frequency as to constitute a general business practice, for a higher civil penalty or exclusion from Medicare and Medicaid (titles XVIII and XIX of the Social Security Act) or any other federally funded health care programs. (Sec. 302) Allows an individual aggrieved by a violation of this title to bring a civil action for preliminary and equitable relief, actual or liquidated damages, and punitive damages. Allows assessment of attorney's fees. Subtitle B: Criminal Sanctions - Provides for criminal fines and imprisonment for violations of this title. Title IV: Miscellaneous - Declares that: (1) this Act, subject to exceptions, preempts State law; and (2) a HIT that makes a disclosure permitted by this title shall not be liable to the individual for the disclosure under common law.