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Bill· SS. 3365 (102nd)open
United States · United States Congress · 7 October 1992
Central Valley Project Fish and Wildlife Act of 1992 - Prohibits the Secretary of the Interior from entering into any new short-term, temporary, or long-term contracts or agreements for water supply from the Central Valley Project (CVP), California (a Bureau of Reclamation facility) for any purpose other than fish and wildlife before certain requirements have been met. Provides an exception to such prohibition for certain contracts. Requires the Secretary to renew any existing long-term repayment or water service contract for the delivery of CVP water for a period of 25 years, with additional 25-year renewals, subject to reclamation law pricing requirements. Authorizes the Secretary to enter into contracts with: (1) the Tuolumne Regional Water District for delivery of water from the New Melones project to the county's water distribution system; (2) the Secretary of Veterans Affairs for the delivery in perpetuity of water to meet the needs of the San Joaquin Valley National Cemetery; and (3) the Watsonville subarea of the San Felipe Division of the CVP upon completion of a specified plan of study. Requires all CVP repayment contracts providing for water service and water service contracts for agricultural, municipal, or industrial purposes that are renewed after this Act's enactment date to make water available to contracting entities pursuant to a system of tiered water pricing. Sets forth requirements for such system. Directs the Secretary to develop, select, and implement specified actions with respect to fish and wildlife habitat issues in the California Central Valley. Includes among initial actions that the Secretary shall take by specified dates: (1) negotiation and execution of agreements with the California Department of Fish and Game (CDFG) to mitigate the direct fishery losses associated with the operation of the Tracy Pumping Plant and the Contra Costa Canal Pumping Plant numbered one and to eliminate, to the extent practicable, losses of salmon and steelhead trout due to flow fluctuations caused by the operation of Keswick, Nimbus, and Lewiston Regulating Dams; (2) installation and operation of a structural temperature control device at Shasta Dam and development and implementation of modifications in CVP operations to allow for control of water temperatures in the upper Sacramento River sufficient to protect salmon; (3) rehabilitation and expansion of the Coleman National Fish Hatchery; (4) development and implementation of a gravel replenishment program to restore and replenish spawning gravel lost due to the construction and operation of Shasta, Folsom, and New Melones Dams, bank protection programs, and other actions that have reduced availability of spawning gravel in the upper Sacramento River and the American and Stanislaus Rivers; and (5) development and implementation of a Delta Cross Channel monitoring and operational program to protect striped bass eggs and larvae as they approach the Delta Cross Channel gates. Directs the Secretary to establish an assessment program to monitor fish and wildlife resources in the Central Valley and to assess the biological results of restoration and enhancement actions. Requires the Secretary to develop, evaluate, select, and implement, by specified dates, actions that address specified fish and wildlife protection, restoration, and enhancement issues, including: (1) developing and implementing programs to eliminate the need to reduce Keswick Dam releases every Spring to place the Anderson-Cottonwood Irrigation District's Diversion Dam into operation and every Fall to take the Dam out of operation to minimize fish passage problems for salmon at the CVP Red Bluff Diversion Dam and to augment natural production of salmon and steelhead trout population levels in the San Joaquin River system in above-normal water years through means of artificial production; (2) constructing and operating a new satellite hatchery to augment the single and dual purpose channels at the Tehama Colusa Fish Facility and to further mitigate the impact of Shasta Dam on fishery resources; (3) constructing a salmon and steelhead trout hatchery on the Yuba River; (4) negotiating and executing an agreement with the CDFG that requires the release of the minimum flows necessary to take full advantage of the spawning, incubation, rearing, and outmigration potential of the Upper Sacramento River and the Lower American River for salmon, subject to the physical capabilities of the CVP facilities involved; (5) providing flows to allow sufficient spawning, incubation, rearing, and outmigration conditions for salmon and steelhead trout from Whiskeytown Dam and a new fish ladder constructed at the McCormick-Saeltzer Dam; (6) evaluating and implementing a program to correct a defective fish screen at the Glenn-Colusa Irrigation District's Sacramento River diversion; (7) assisting in the funding of enforcement measures to reduce the numbers of striped bass illegally taken from the San Francisco Bay Estuary and Sacramento-San Joaquin Delta; (8) participating in a program to mitigate for fishery impacts associated with operations of the Glenn-Colusa Irrigation District's Hamilton City Pumping Plant; (9) providing such assistance as may be requested by the State of California to develop and implement fishing regulations that protect the older, more productive striped bass females in order to maintain a viable reproducing striped bass population; and (10) developing and implementing measures that will provide additional dependable water supplies of suitable quality. Directs: (1) the Administrator of the Environmental Protection Agency to expedite, and complete by December 31, 1995, efforts to clean up mines causing intermittent releases of lethal concentrations of dissolved metals from the Spring Creek Debris Dam; and (2) the Secretary, in the interim, to provide water from the Keswick Dam sufficient to dilute the Spring Creek Debris Dam discharges to concentration levels that allow survival of fish life below Keswick Dam, except when the U.S. Corps of Engineers flood control criteria for Shasta Dam limits that capability. Authorizes the Secretary to construct, in partnership with the State of California, a barrier at the head of Old River in the Sacramento-San Joaquin Delta by December 31, 1995, to partially mitigate the impact of the CVP and State Water project pumping plants in the south Sacramento-San Joaquin Delta on the survival of young outmigrating salmon that are diverted from the San Joaquin River to the pumps. Directs the Secretary to: (1) participate in the San Joaquin River Management Program; and (2) evaluate in-basin needs in the Stanislaus River basin and investigate alternative storage, release, and delivery regimes for satisfying both in- and out-of-basin needs. Authorizes and directs the Secretary to provide firm water supplies to improve wetland habitat areas on National Wildlife Refuge System units in the Central Valley of California; the Gray Lodge, Los Banos, Volta, North Grasslands, and Mendota State wildlife management areas; and the Grasslands Resources Conservation District, subject to certain requirements. Directs the Secretary to: (1) identify additional actions that would provide mitigation of CVP impacts on, protect, and restore Central Valley fish and wildlife habitat; (2) develop the information needed to evaluate such actions technically, determine the economic and biological feasibility using specified criteria, determine appropriate cost allocations specific to each action, and select actions to recommend to the Congress for authorization to implement; and (3) report to the Congress according to a specified schedule until the year 2010. Sets forth fish and wildlife habitat issues to be evaluated by the Secretary, including: (1) determination of the flows and habitat restoration measures needed to protect, restore, and enhance salmon and steelhead trout in parts of the San Joaquin River; (2) investigation of actions allowing closure or screening of the Delta Cross Channel and Georgiana Slough to prevent the diversion of out-migrating salmon and steelhead trout through those facilities; (3) as a means of increasing survival of migrating young fish, investigation of the feasibility of using short pulses of increased water flows to move salmon, steelhead trout, and striped bass into and through the Sacramento-San Joaquin Delta; (4) investigation of ways to maintain suitable temperatures for young salmon survival in the lower Sacramento River and in the Sacramento-San Joaquin Delta by controlling or relocating the discharge of irrigation return flows and sewage effluent; (5) investigation of the need for additional hatchery production to mitigate the impacts of water development on Central Valley fisheries where no other feasible means of mitigation is available or where hatchery production would enhance efforts to increase natural production of a particular species; (6) investigation of measures available to correct flow pattern problems in the Sacramento-San Joaquin Delta created by the operation of the CVP and the California State Water Project; (7) evaluation of measures to avoid unqualified losses of juvenile anadromous fish due to unscreened or inadequately screened diversions on the Sacramento and San Joaquin Rivers, their tributaries, and in the Sacramento-San Joaquin Delta; and (8) elimination of barriers to upstream migration of salmon and steelhead trout adults to spawning areas downstream of existing storage facilities in the Central Valley caused by agricultural diversions and other obstructions. Directs the Secretary to consider specified criteria and factors and issue findings thereon when determining which alternate programs, policies, or procedures should be implemented to protect and restore fish and wildlife conditions. Sets forth provisions with respect to: (1) cost allocations; (2) additional authorities; and (3) funding to carry out the purposes and provisions of this Act. Establishes the Central Valley Project Restoration Fund and authorizes appropriations from the Fund to carry out this Act. Directs the Secretary to collect an annual fee from CVP beneficiaries to recover costs of fish, wildlife, and habitat restoration programs. Authorizes the Secretary, subject to specified limitations, to approve all transfer agreements: (1) among CVP contractors and between CVP contractors and noncontractors involving CVP water within the authorized CVP service area; (2) between CVP contractors and parties outside the CVP service area upon the determination that as a result of the proposed transaction over the term of the agreement there is no net export of water out of the CVP service area of the transferor; and (3) between CVP water contractors and parties outside the CVP service area where the Secretary determines that as a result of the proposed transaction over the term of the agreement there will be a net export of water out of the service area of the transferor, provided that the water being transferred would not otherwise be available to other consumptive beneficial uses absent implementation of the program and that, over the term of the agreement in question, the transfer will have no significant, long-term adverse impact on groundwater conditions in the transferor's service area. Sets forth provisions with respect to transfers of water developed through temporary or permanent land fallowing. Specifies that: (1) all existing and future contracts for CVP water shall be deemed to allow for the transfers and exchanges provided for within this Act; and (2) specified agreements entered into under this Act shall provide that, during the years of actual transfer, CVP water subject to transfer shall be repaid at full cost. Requires all existing CVP agricultural contractors, within two years after the enactment of this Act, to submit a report to the Secretary which identifies water conservation practices and analyzes the cost and benefits to that entity and its customers of implementing each of such practices and any additional practices the Secretary determines should be analyzed. Requires all CVP agricultural contractors to develop a plan for implementation of such practices determined by the entity within the required water conservation report to be financially and otherwise feasible for the specific entity. Requires the entity to complete the plan for implementation within one year after completion of such report. Specifies that financially feasible conservation practices that will cause environmental harm or that are inconsistent with other legal requirements shall not be required to be implemented. Establishes a Water Conservation Incentive Program which shall be administered by the Secretary to encourage and assist with the on-farm implementation of the water conservation practices set forth in this Act. Directs the Secretary to require all CVP municipal and industrial water users, to the extent they provide retail, municipal, and industrial water service, to comply with the provisions of a specified memorandum regarding urban water conservation in California. Requires the Secretary to evaluate the benefits and cost analysis for each of the water conservation practices found by the specific water user preparing the required reports not to be feasible and to determine: (1) which practices would make additional water available to Central Valley streams or to a usable ground water basin that would not otherwise be available; and (2) for each of specified practices, the benefit/cost ratio of implementation if that water were used to fulfill wildlife refuge water supply obligations or made available to other water agencies through the transfer provisions established by this Act. Authorizes the Secretary to implement those water conservation practices identified which conserve water, are economically feasible, and are prudent, with the entity holding the contractual right to the water conserved and then make that water available for use by Central Valley refuges as required by provisions of this Act, subject to specified requirements. Directs the Secretary to negotiate for, and report to the Congress on, the transfer of the CVP to the State of California. Requires the Secretary to credit any expenditures by the State in this Act for fish and wildlife mitigation, protection, and restoration to the purchase price negotiated for the sale of the CVP.
Bill· HRH.R. 6210 (102nd)referred
United States · United States Congress · 6 October 1992
Comprehensive Services for Youth Act of 1992 - Title I: School-Based or School-Linked Health and Social Services Center Grants - Authorizes the Secretary of Health and Human Services (HHS) (the Secretary), acting through the Administrator of the Health Resources and Services Administration (the Administrator), to award grants to eligible local community partnerships to coordinate and deliver comprehensive education, health, and social services to children or youth in school-based, school-linked, or community-based locations. Requires each such partnership to include: (1) a local health care provider with experience in delivering services to adolescents; (2) one or more local public schools; and (3) at least one community-based organization with a history of providing services to at-risk youth in the particular community. Requires broad-based community participation, through an expanded partnership or an advisory board, involving parents and youth to be served, teachers and other public school and school board personnel, community-based organizations (particularly those serving minority youth), youth development and service organizations and interested business leaders. Requires targeting of the partnership's location and service to a community in which youth are exposed to a high risk environment. Describes high risk environment as having high rates of: (1) children in poverty or lacking access to health care; (2) dropouts and students retained in grade; (3) alcohol or drug abuse; (4) sexually transmitted diseases (including HIV); (5) teen pregnancy; (6) suicide; (7) community or gang violence; (8) youth unemployment; or (9) juvenile justice involvement. Requires partnership use of grant funds for coordination and delivery of specified core services at a school-based, school-linked, or community-based location or locations accessible to and used by at-risk children, youth, and their families. Sets forth such core services under the categories of: (1) comprehensive health, mental health, and social services; and (2) youth development and life planning services. Requires coordination among core services. Allows use of grant funds for coordination or co-location of core services with additional services identified in the comprehensive plan to enhance support available through the partnership service delivery network. Gives priority to grant applicants whose comprehensive services plan demonstrates: (1) continuity of access to core services on a year-round basis or beyond traditional school or service hours, either on site or through a backup referral system of community-based providers; and (2) the offer of services beyond the in-school population, including core services to out-of-school youth, to the extent practicable. Provides for an initial three-year grant period, and authorizes two-year extensions upon demonstration of substantial progress in integration of comprehensive services and improvement in health and education outcomes of the populations served. Sets forth application and plan requirements. Requires equitable geographic distribution of grants to both urban and rural communities. Sets minimum and maximum grant amounts. Sets forth provisions for Federal share, non-Federal share, and waivers of the latter. Requires grantees to use ten percent of such assistance to provide staff training (including teachers and school personnel) and to secure necessary technical assistance (through local community-based entities, to the maximum extent feasible). Authorizes the Secretary, acting through the Administration, to award one-year nonrenewable planning grants to eligible entities that agree to establish a local community partnership to deliver comprehensive services. Sets forth application requirements. Requires use of such planning grants for: (1) assessments of needs and barriers to services; (2) delivery planning and coordination of services; and (3) development of program goals and progress measurements. Limits to ten percent the portion of grant program funds which may be used for such planning grants. Limits the maximum amount of each planning grant. Title II: State and Local Coordinated Youth Services Grants - Subtitle A: Local Consortia Grants - Authorizes the Secretary, acting through the Administrator, to award grants to eligible consortia to coordinate and deliver comprehensive core education, health, and social services to at-risk youth through an integrated service delivery network directed by a consortium. Requires such consortia membership to include representatives from the local health department, local educational agency, health and social services providers and community-based organizations with a history of serving at-risk youth (including minority youth, dropouts, adolescent parents, and runaway or homeless youth), youth development organizations, juvenile justice personnel, and parents and the at-risk youth to be served. Requires specified financial or organizational commitments by consortium members. Subtitle B: Statewide Youth Services Center Grants - Authorizes the Secretary, acting through the Administrator, to award grants to eligible States to provide for coordination and delivery of comprehensive education, health, and social services to at-risk youth through the award of State grants to local community partnerships or consortia. Requires States, to be eligible for such grants, to: (1) provide assurances of cooperative agreements among State education, health, and social services agencies concerning planned delivery of such comprehensive youth services; (2) demonstrate financial and organizational commitments; (3) currently support coordinated delivery of such services through a system of school-based, school-linked, or community-based comprehensive youth services centers; (4) document that services are prioritized among communities that have a high-risk environment for youth, as indicated by specified factors; and (5) meet certain application requirements. Subtitle C: Provisions Relating to Both Local and Statewide Grant Programs - Sets forth requirements for applications and use of grant funds for a consortium or State entity awarded a grant under subtitle A or B. Requires coordination and delivery of specified core services through a system of school-based, school-linked, or community-based youth centers to serve in-school and out-of-school youth and their families. Sets forth such core services under the categories of: (1) comprehensive health, mental health, and social services; and (2) youth development and life planning services. Requires coordination and co-location of delivery of existing core services into a broader system of health and social services centers accessible to in-school or out-of-school youth to use available resources more effectively before adding new resources or developing new services. Requires provision of outreach services to out-of-school youth (including adolescent parents and runaway and homeless youth), and coordination of core services with alternative education and job training and placement opportunities for such youth. Allows use of grant funds for: (1) coordination and co-location of core services with additional services to enhance the support available to at-risk youth and their families through the service delivery network; and (2) expansion of coordination and delivery of core services to the feeder elementary schools whose students will attend secondary schools currently providing core services. Sets forth grant application and plan formulation and content requirements. Provides for an initial three-year grant period, and authorizes two-year extensions upon demonstration of substantial progress in integration of comprehensive services and improvement in health and education outcomes of the youth served. Provides for an integration incentive. Authorizes the Secretary, in making a grant under this title, to make bonus amounts available as integration incentives. Specifies forumulae for such bonuses. Authorizes the Secretary, acting through the Administrator, to award one-year nonrenewable planning grants to consortia or States. Sets forth application requirements. Requires the use of such funds to: (1) establish an administrative mechanism to develop and implement a citywide, countywide, or statewide system of school-based, school-linked, or community-based comprehensive youth services centers; (2) assess needs and barriers to services; (3) develop program goals and progress measurements; and (4) develop a strategic plan for coordination and delivery of comprehensive services to youth at school-based, school-linked, or community-based locations. Limits to ten percent the portion of grant program funds which may be used for such planning grants. Limits the maximum amount of each planning grant. Title III: Implementation Provisions - Makes ineligible for title I funds any community that: (1) is currently receiving State funds to deliver co-located education, health, and social services; or (2) will receive funding from a State funded under subtitle B of title II. Allows such a currently funded community partnership to form a consortium to seek funding for an expanded citywide or countywide youth services network under subtitle A of title II. Requires a local consortium operating in a locality receiving State funding for delivery of such co-located services to include participation from the entities receiving such State funding. Makes eligible for continued funding, at the completion of its five-year grant period under title I, a partnership that has expanded into a citywide or countywide consortium (as described under subtitle A of title II) or has become part of a statewide network (as described under subtitle B of title II). Directs the Secretary to consult with the Secretary of Education in developing program regulations to implement this Act. Directs the Secretary to disseminate information on programs under this Act and on successful and model programs and to provide technical assistance. Requires such information and assistance to be provided directly through the Health Resources and Services Administration as the administering agency and other Department of HHS agencies with appropriate expertise, or through grants and contracts with nonprofit organizations. Requires the Secretary to collaborate with the Departments of Education and Labor and the Commission on National and Community Service, in such information and technical assistance efforts. Sets forth annual reporting requirements for entities receiving funds under this Act, including analyses of progress at the end of the third year. Sets forth maintenance-of-effort requirements. Authorizes appropriations for titles I and II and for special projects of national significance under title IV. Title IV: Federal Coordinated Youth Services Initiatives - Directs the Secretary, acting through the Administrator, to establish and administer a special projects of national significance program to award direct grants to public and nonprofit private entities to fund model programs to integrate health and social services, including HIV prevention, provided to special populations of youth at risk. Bases grant awards on: (1) need to provide such services to such subpopulations; (2) need to assess effectiveness of a prevention or service model or collaboration strategy; and (3) potential replicability of proposed activities in other localities. Allows such special projects to include projects targeting youth who are: (1) runaway, homeless, or street youth; (2) immigrants or migrants; (3) in the juvenile justice system; (4) in foster care; (5) in gangs; (6) with a history of substance abuse; (7) with HIV disease; (8) adolescent parents; and (9) Native American. Amends the Augustus F. Hawkins Human Resources Reauthorization Act of 1990 to direct the Federal Council on Children, Youth, and Families to: (1) identify (and make recommendations to modify or eliminate) program regulations or practices that impede coordination and collaboration; (2) develop recommendations for creating jointly funded programs, unified assessments, eligibility, application procedures, and confidentiality regulations that facilitate information-sharing; and (3) make recommendations to the Congress on legislative action needed to facilitate coordination of educational, health, and social services for in-school and out-of-school youth. Directs the Secretary to report to the Congress: (1) biannual summaries of annual grantee reports and progress assessments; and (2) a final evaluation report within four and a half years. Directs the Secretary to use the amount made available under specified provisions of the Public Health Service Act to conduct such evaluation. Title V: Grants to Cities to Provide Education, Employment, Recreation, Social, and Cultural Awareness Assistance to At-Risk Youth - Directs the Secretary, to make grants to not more than ten selected cities to assist them to establish and operate teen resource and education centers to provide education, employment, recreation, social, and cultural awareness assistance to at-risk youth. Authorizes the Secretary to make such grants to a city if it applies and agrees to operate at least two such centers. Requires such centers to offer for at-risk youth: (1) educational assistance, including information on institutions of higher education, assistance with financial aid applications and scholarship search, and preparatory courses for high school equivalency and college entrance examinations; (2) employment and skills training, including hiring teen peer counselors to provide basic job skills training, job referral services, and job banks; (3) recreational opportunities, such as sports teams, neighborhood gardening and food distribution, and reading programs; (4) social skills development, including hiring adult counselors and providing support groups for counseling on social and personal issues; and (5) cultural awareness programs, such as classes in the history and culture of various cultural groups and productions of plays, stories, and artwork reflecting the cultural heritage of such youth. Requires such centers to provide financial assistance to college graduates who work full-time at the center to assist them to repay part of their student loan debt. Sets forth grant selection and allocation requirements. Requires city reports to the Secretary on their use of the grant, and interim and final reports by the Secretary to the Congress. Authorizes appropriations.
Bill· HRH.R. 6189 (102nd)referred
United States · United States Congress · 6 October 1992
Equal Human Rights for All American Children Act of 1992 - Amends the Immigration and Nationality Act to make any child born outside of the United States and its outlying possessions to a U.S. citizen parent a U.S. citizen at birth (without prior U.S. residence of the citizen parent). Reduces from 21 years old to six years old the maximum age at which a person of unknown parentage found in the United States can be shown to have been born outside the United States and thus lose his or her U.S. citizenship.
Law· HRH.R. 6183 (102nd)enacted
United States · United States Congress · 6 October 1992
Federally Supported Health Centers Assistance Act of 1992 - Amends the Public Health Service Act to include entities receiving Federal funds under provisions relating to migrant health centers, community health centers, or health services for the homeless, or health services for residents of public housing, and officers, employees, or certain contractors of such entities who are licensed or certified health practitioners, in the coverage of provisions regulating civil actions for injury resulting from medical or related functions against commissioned officers or employees of the Public Health Service. Makes such actions the exclusive remedy against such entities and individuals. Subrogates to the United States any insurance claim such an entity or person has. Terminates such inclusion after a specified date. Prohibits deeming such an entity to be an employee of the Public Health Service unless the entity has: (1) implemented policies and procedures to assure against malpractice and the risk of lawsuits; (2) reviewed the professional credentials, claims history, and other information regarding its licensed health care practitioners; (3) no history of claims against the United States under these provisions, or has cooperated with the Attorney General in defending against such claims and has taken corrective action; and (4) has cooperated with the Attorney General in providing information relating to an estimate of expected claims. Empowers the Attorney General, if certain conditions are met, to determine that an individual physician or other practitioner not be deemed a Public Health Service employee for purposes of these provisions. Prohibits hospitals from denying admitting privileges to an otherwise qualified health care provider who is an officer, employee, or contractor of such an entity. Mandates an annual estimate of the amount of claims expected to be paid and, subject to appropriations and a dollar maximum, establishment of a fund of that amount.
Bill· SS. 3348 (102nd)referred
United States · United States Congress · 5 October 1992
Health Care Access and Affordability Act of 1992 - Title I: Social Security Act Provisions - Subtitle A: Small Employer Insurance Reform - Part I: Tax Deductible Health Insurance Costs - Amends the Internal Revenue Code to increase the deductible for health insurance costs for self-employed individuals from 25 percent to 100 percent. Makes such deduction permanent. Part II: Standards and Requirements of Small Employer Health Insurance Reform - Amends the Social Security Act to add a new title XXI, Standards For Small Employer Health Insurance and Certification Of Managed Care Plans. Directs the Secretary of Health and Human Services (HHS) to request that the National Association of Insurance Commissioners (NAIC) develop specific standards to implement specified requirements for health insurance plans issued to small employers that relate to: (1) insurer registration; (2) guaranteed eligibility, availability, and renewability; (3) preexisting conditions; (4) restrictions on rating practices; and (5) benefit package offerings. Provides that if NAIC fails to develop such standards or the Secretary finds that they do not implement such requirements, the Secretary must develop such standards. Provides that if a State has not established a regulatory program that provides for the application and enforcement of such standards, the Secretary must certify the compliance of small employer plans with them. Part III: Tax Penalty on Noncomplying Insurers - Amends the Internal Revenue Code to impose an excise tax on the issuer of a health insurance plan to a small employer if the issuer fails to meet the requirements of title XXI of the Social Security Act (as added by this Act). Establishes such tax as 25 percent of the gross premiums received by the issuer. Makes such tax nondeductible. Subtitle B: Medicare and Medicaid Provisions - Part I: Medicare - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary to establish an experimental program offering certain Medicare beneficiaries a choice among specified types of benefit options. Directs the Secretary to evaluate the experimental program and report to the Congress annually on the program's effectiveness. Provides for combined annual accounting of Medicare part A and B trust funds. Directs the Secretary to provide for the establishment of an Advisory Council on Hospital Reimbursement Procedures to recommend to the Secretary a uniform hospital reimbursement form as the sole form for the Health Care Financing Administration to use in processing claims submitted under Medicare. Specifies form contents. Requires a Council report on electronic billing. Requires the Secretary to develop such a form if the Council fails to make such a recommendation. Directs the Secretary to: (1) provide for demonstration projects to provide for the designation of certain medical procedures which will only be reimbursed if performed at a Medicare center of excellence; (2) develop a Medical Directive and Proxy Designation form and provide for a registry within HHS for such forms; and (3) notify providers and Medicare-eligible individuals of the availability of such form. Part II: Medicaid - Directs the Secretary to: (1) make grants to States for demonstration projects for improving access to Medicaid (SSA title XIX) services in medically underserved areas, providing medical assistance under Medicaid to certain uninsured individuals, providing outreach activites to individuals who may be eligible for certain medical assistance, and reducing infant mortality; and (2) report to the Congress on such projects. Authorizes appropriations. Title II: Public Health Service Act Provisions - Amends the Public Health Service Act to mandate a public education program on disease prevention through behavior change, preventive care, and screening. Authorizes appropriations. Modifies the authorization of appropriations for community health centers, earmarking certain funds for the establishment of new centers. Requires the National Health Service Corps to revise its priorities in assigning members. Specifies new criteria. Authorizes appropriations. Establishes in the National Institute on Aging the Center for the Fostering of Independent Living to conduct and support applied research, both social and scientific. Requires the Center to publish a Guide to Independent Living. Authorizes appropriations. Mandates development of a system to produce comprehensive reports under title IX (Agency for Health Care Policy and Research) of the Public Health Service Act concerning the performance of local and regional health care markets. Title III: Permanent Health Care Reform - Consumer Choice Health Care Reform Act of 1992 - Subtitle A: Tax Treatment of Health Care Expenses - Amends the Internal Revenue Code to allow a credit for premiums paid by a qualified individual (excludes a federally covered individual) on an employer-sponsored health insurance plan. Specifies the limitations on such health expenses credit. Allows employers to make advance payments of such credit to employees with a health care expenses eligibility certificate. Terminates the medical expense deduction and the health insurance credit after December 31, 1994. Allows an individual a deduction for a percentage of employer-provided health insurance premiums and allows such deduction in computing adjusted gross income. Repeals the current income exclusion for employer contributions to accident and health plans. Limits the business deduction for employer-provided health insurance premiums to computations based upon the number of employees and the national average premium. Allows individuals a tax deduction for contributions made to a medical care savings account established for the benefit of an eligible individual. Adjusts such deduction for inflation after 1994. Allows such deduction in arriving at adjusted gross income. Establishes an excise tax for excess contributions to medical care savings accounts and makes such accounts subject to the tax on prohibited transactions. Subtitle B: Health Insurance Requirements - Sets forth requirements for employers for withholding health insurance premiums of employees, notifying employees of tax rights with respect to such premiums, converting non-self-insured plans, and selling, transferring, or reassigning existing self-insured plans. Amends the Internal Revenue Code to impose a tax on the failure to notify employees of the option to convert a non-self-insured plan to a federally qualified health insurance plan. Imposes a tax on the failure of a carrier offering a health insurance plan to comply with requirements with respect to self-insured plans. Revises provisions covering continuation coverage requirements of group health plans and requires such coverage for a maximum of 60 months. Subtitle C: State Plan Requirements - Requires States, as a condition of receiving Federal funds for health care programs after December 31, 1994, to meet specified requirements concerning: (1) health plans for the uninsured; (2) enrollment; and (3) monitoring. Subtitle D: Federal Preemption - Preempts all State laws in existence on January 1, 1995, in the following areas for five years: (1) mandated insurance laws; (2) anti-managed care laws; (3) mandated cost-sharing laws; and (4) certificate of need laws. Subtitle E: Medicaid Reform - Amends title XIX (Medicaid) of the Social Security Act to: (1) set the Federal medical assistance percentage for any State at 100 percent (excluding long-term care assistance); (2) provide Medicaid coverage for all individuals with income at the poverty level; and (3) authorize the HHS Secretary to award grants to States for the provision of long-term care to Medicaid-eligible individuals. Title IV: Antitrust Provisions - Subtitle A: Modification of the Operation of the Antitrust Laws to Hospitals - Provides that it shall not be unlawful under the antitrust laws for two or more hospitals to engage in conduct solely for the purpose of negotiating a proposed agreement (including the sharing of data) to share expensive medical services or expensive high technology equipment. Authorizes the Secretary of Health and Human Services to issue waivers to exempt such conduct from the operation of the antitrust laws, subject to specified requirements. Provides that, to be eligible to receive such a waiver, two or more hospitals must submit to the Secretary an application that contains a proposed agreement that only: (1) provides that such hospitals shall share the expensive medical services or high technology equipment identified in such agreement; (2) specifies the period of time during which such agreement shall be in effect; and (3) describes the particular medical services or high technology equipment to be shared. Directs the Secretary, in evaluating the application, to consider whether implementation of such agreement will result in enhancement of the quality of hospital or hospital-related care, the preservation of hospital services in geographical proximity to the communities traditionally served by the applicants, improvement in the cost-effectiveness of high-technology services provided by the applicants, improvement in the efficient utilization of hospital resources and capital equipment, the provision of services that would not otherwise be available, or the avoidance of duplication of hospital resources. Sets forth: (1) provisions regarding the issuance and effect, and revocation, of a waiver; and (2) reporting requirements. Subtitle B: Encouraging Enforcement Activities of Medical Self-Regulatory Entities - Prohibits the recovery of damages, interest on damages, costs, or attorney fees under provisions of the Clayton Act relating to suits by persons injured, by the United States, and by State attorneys general, or under similar State laws, from any medical self-regulatory entity as a result of engaging in standard setting or enforcement activities designed to promote the quality of health care provided to patients. Directs any Federal agency engaged in the establishment of medical professional standards to consult with and use appropriate medical self-regulatory entities, if available, in carrying out standard setting and related regulatory activities. Subtitle C: Interagency Committee - Establishes the Interagency Committee of Health Care Reform and Antitrust Policy to coordinate policy regarding health care reform and antitrust policy, and to make recommendations to the Congress regarding achieving both health care cost containment and greater access to quality health care through cooperation among health care providers. Title V: Medical Malpractice Reform - Subtitle A: General Provisions - Sets forth findings and definitions. Subtitle B: Grant Programs - Mandates grants to States for medical malpractice alternative dispute resolution systems. Describes fault-based, defined catastrophic injury compensation, early offer and recovery mechanism, and binding arbitration approaches. Allows other approaches. Requires: (1) grants for basic research on the prevention of and compensation for injuries from health care professional or provider malpractice; (2) grants for the licensing and discipline of health care professionals; (3) technical assistance to States for evaluation of medical practice acts and procedures, malpractice detection, and discipline; and (4) grants for educating the public regarding appropriate use of health care, realistic expectations, the resources and role of licensing and disciplinary boards, and faculty training and curricula. Mandates allotments to States for the grants under this title. Authorizes appropriations. Subtitle C: Health Care Malpractice Dispute Reform - Applies these provisions to all Federal or State medical malpractice actions. Limits lump sum future damages award dollar amounts. Mandates collateral source payment reductions. Limits the dollar amount of noneconomic damages. Sets forth time limitations for initiating actions. Preempts certain types of State laws regarding these requirements. Amends title XVIII (Medicare) of the Social Security Act to require: (1) allocation of all practitioner licensing or certification fees to a disciplinary agency; (2) each service provider and medical liability carrier to have a malpractice risk management program; and (3) review by professional societies of malpractice claims. Amends the Public Health Service Act to mandate a grant to an entity that represents recipients of assistance under provisions relating to migrant and community health centers for development of a business plan and establishment of a nationwide risk retention group. Authorizes appropriations for the grant and for capitalization. Title VI: Miscellaneous Provisions - Establishes in the Department of Health and Human Services the President's Council on Senior Fitness. Directs the Secretary, through the President's Council on Physical Fitness and Sports, to implement programs to promote healthy lifestyle choices. Authorizes appropriations.
Bill· HRH.R. 6171 (102nd)referred
United States · United States Congress · 5 October 1992
Action Now Health Care Reform Act of 1992 - Title I: Improved Access to Affordable Health Care Coverage - Subtitle A: Increased Affordability and Availability for Employees - Directs the Secretary of Health and Human Services (the Secretary) to request the National Association of Insurance Commissioners (the NAIC) to develop model regulations requiring each carrier that makes available in a State any small employer health benefit plan to make available to each small employer in the State a MedAccess basic plan and a MedAccess standard. Directs the Secretary to develop such regulations, if the NAIC does not. Defines MedAccess plan as a health benefits plan that: (1) provides benefits typical of the benefits offered in the small employer health coverage market or provides only benefits for essential preventive and medical services and has an average actuarial value not exceeding 60 percent of the average actuarial value of the typical benefits offered in the small employer health coverage market; (2) accepts every small employer in the State applying for coverage and accepts for enrollment every eligible individual (defined as an individual who is a full-time employee and, if family coverage is offered, covers the employee's spouse and dependents under age 19 or under age 25 for students); and (3) meets consumer protection standards established by this Act relating to limitation of pre-existing condition clauses, continuity of coverage, renewability, and premium limitations. Prohibits the imposition, by a carrier, of a limitation of benefits based on the fact a condition pre-existed the effectiveness of the policy if: (1) the condition relates to a condition not diagnosed within three months before coverage under the plan; (2) the limitation extends beyond six months after coverage under the plan; (3) the limitation applies to an individual who, as of date of birth, was covered under the plan; and (4) the limitation relates to pregnancy. Requires continuous coverage. Prohibits cancellation of a plan or denial of coverage unless there is: (1) nonpayment of premiums; (2) fraud; (3) noncompliance with plan provisions; (4) failure to maintain the required number of enrollees; (5) misuse of a provider network provision; or (6) a cessation by the carrier of the provision of any plan in a State. Amends the Internal Revenue Code to impose an excise tax which shall be paid by the carrier on the failure of a carrier or an employer health benefit plan to comply with the provisions of the Act. Directs the Secretary to request the NAIC to develop models for reinsurance or allocation of risk mechanisms for individuals and small employers who are enrolled under a small employer health benefit plan that meets the consumer protection standards and for whom a carrier is at risk of incurring high costs under the plan. Requires each State to establish and fund one or more reinsurance or allocation or allocation of risk mechanisms that are consistent with a model. Directs the Secretary to develop models, if the NAIC does not. Permits a State, in order to insure the financial solvency of the mechanism, to impose charges on any entity, including a self-insured entity, providing employee-related health benefits, so long as such charges do not discriminate with respect to entities that would not be subject to such charges. Directs the Secretary to establish a reinsurance or allocation of risk mechanism, if a State does not. Imposes an excise tax which shall be paid by the carrier on the providing of any health benefit plan which covers any employee in a Federal reinsurance State. Permits either a State or the Secretary (in a Federal reinsurance State) to require each employer health benefit plan to: (1) be registered; and (2) provide such information as is necessary for the reinsurance or allocation of risk mechanisms. Directs the Secretary to: (1) establish an Office of Private Health Coverage to be headed by a Director appointed by the Secretary; and (2) provide for the appointment of an advisory committee to advise the Director. Permits the Director to research the impact of this subtitle and conduct related demonstration projects. Requires the Director to develop: (1) methods of measuring, in terms of the expected costs of providing benefits under small employer health benefit plans and, in particular, MedAccess plans, the relative health risks of eligible individuals; and (2) a model for equitably distributing health risks among carriers in the small employer health care coverage market. Authorizes appropriations for the purposes of this paragraph. Subtitle B: Improved Small Employer Purchasing Power of Affordable Health Insurance - Preempts from insurance mandates a qualified small employer purchasing group, if the group consists of employers with not more than 100 employees, the group consists of not fewer than 100 employers, and the health benefit plans with respect to the employer members are in compliance with applicable State laws relating to health benefit plans. Subtitle C: Health Deduction Fairness - Amends the Internal Revenue Code to make permanent and, in phases, increase from 25 to 100 percent the health insurance tax deduction for the self-employed. Subtitle D: Improved Access to Community Health Services - Directs the Secretary to provide for a program of grants to migrant and community health centers receiving grants or contracts under provisions of the Public Health Service Act in order to promote the provision of primary health care services for underserved individuals. Authorizes appropriations. Amends the Public Health Service Act to deem as an employee of the Public Health Service, for purposes of civil actions against commissioned officers or employees, any officer, employee, or contractor who is a physician or other licensed health care practitioner while performing functions for an entity receiving Federal funds under provisions of the Public Health Service Act relating to migrant or community health centers, health services for the homeless, or health services for residents of public housing. Requires an entity, in order to receive a grant under such provisions, to implement certain policies to assure against malpractice. Requires: (1) the Attorney General to estimate, for specified fiscal years, the amount of all claims expected, during each year, to arise against such an entity from acts of officers or employees; (2) the Secretary to withhold from grants to such entities the amount estimated; and (3) the withheld amount to be transferred to the Treasury to pay judgments against the United States arising from such claims. Directs the Secretary to make grants to public and nonprofit private entities to carry out demonstration projects for the purpose of increasing access to outpatient primary health services in geographic areas with a: (1) population of not more than 500,000 individuals; (2) shortage of personal health services; and (3) significant number of low-income or underinsured individuals. Sets forth requirements for receiving such grants. Authorizes appropriations. Subtitle E: Improved Access to Rural Health Services - Retitles title XII of the Public Health Service Act "Emergency Medical Services" (formerly, "Trauma Care") and directs the Secretary to establish the Office of Emergency Medical Services which shall, with respect to emergency medical services (including trauma care): (1) conduct research; (2) sponsor workshops; (3) assist States; and (4) coordinate activities. Authorizes the Secretary to make grants to States for the purposes of improving the availability and quality of emergency medical services through the operation of State offices of emergency medical services. Sets forth matching fund requirements. Provides for demonstration projects to establish telecommunications between rural medical facilities and other medical facilities that have equipment that can be utilized through telecommunications. Authorizes appropriations for purposes of the programs of this paragraph. Directs the Secretary to make grants to States to assist in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas access to treatments for the injuries or other conditions arising from such emergencies. Sets forth requirements for grant applications. Authorizes appropriations. Amends title XVIII (Medicare) of the Social Security Act to extend for one year special treatment rules for Medicare-dependent small rural hospitals. Title II: Health Care Cost Containment and Quality Enhancement - Subtitle A: Medical Malpractice Liability Reform - Prohibits bringing a medical malpractice claim: (1) more than two years after the alleged injury should reasonably have been discovered and in no event more than four years after the alleged injury occurred; and (2) in any State court unless there has been an initial resolution through a certified alternative dispute resolution system (ADR). Directs the Attorney General to establish an ADR for the resolution of Federal medical malpractice claims, to be used after completion of the administrative process under specified provisions. Requires a pre-trial settlement conference in any medical malpractice liability action. Sets limits on: (1) noneconomic damages; (2) punitive damages; and (3) attorney's fees. Requires offsets for damages paid by a collateral source. Requires liability in a medical malpractice action to be several and not joint. Provides a complete defense to any allegation of negligence in a medical malpractice liability action to any defendant who followed the appropriate practice guideline. Prohibits finding a defendant guilty in a medical malpractice liability action relating to services provided during labor or delivery of a baby if the defendant did not previously treat the plaintiff during the pregnancy, unless the malpractice is proven by clear and convincing evidence. Establishes requirements for and provides for annual certification of State ADRs. Directs the Secretary to establish an alternative Federal ADR for claims in States without certified ADRs. Amends title XI (General Provisions and Professional Standards Review) of the Social Security Act to earmark funds for sanctioning practice guidelines for purposes of an affirmative defense in medical malpractice liability actions. Permits a State agency responsible for the conduct of disciplinary actions for a type of health care practitioner to enter into agreements with State or county professional societies for such type of health care practitioner to permit such societies to participate in the licensing of such health care practitioner and to review health care malpractice allegations. Requires each State to require each health care professional and provider to participate in a risk management program to prevent and provide early warning of practices which may result in injuries to patients or which otherwise endanger patient safety. Directs the Secretary to make grants for the conduct of basic research in the prevention of and compensation for injuries resulting from health care professional or health care provider malpractice, and research of the outcomes of health care procedures. Authorizes appropriations. Directs the Secretary to study the factors discouraging physicians from volunteering to provide health care services in medically underserved areas. Subtitle B: Administrative Cost Savings - Directs the Secretary to adopt standards relating to each of the following: (1) data elements for use in claims processing under health benefits plans; (2) uniform claim forms; and (3) uniform electronic transmission of the data elements. Authorizes the Secretary to require providers to submit claims to health benefit plans in accordance with such standards. Provides for periodic review of the standards. States that the term "health benefit plan," in this subtitle, includes the Medicare and Medicaid programs (titles XVIII and XIX of the Social Security Act) programs and Medicare supplemental health insurance. Requires the Secretary to promulgate standards for hospitals concerning electronic medical data. Permits the Secretary to promulgate standards concerning electronic medical data for providers that are not hospitals. Requires hospitals, in order to participate in Medicare, to: (1) maintain clinical data in a set of comprehensive data elements in electronic form on all patients; and (2) upon the Secretary's request, transmit electronically the data set and any data from such set. Provides for electronic transmission to Federal agencies. Prohibits a health benefit plan, if standards with respect to data elements are promulgated with respect to a class of provider, from requiring for the purpose of utilization review or as a condition of providing benefits under the plan that a provider in the class: (1) provide any data element not in the set of comprehensive data elements; or (2) transmit or present any such data element in a manner inconsistent with applicable standards. Directs the Secretary to establish an advisory commission of hospital executive and data base managers, physicians, health services researchers, and technical experts in the collection and use of data and operation of data systems. Authorizes appropriations for such commission. Requires the Secretary, in order to assure the availability of comparative value information to purchasers of health care in each State, to determine whether each State is developing and implementing a health care value information program that meets stated criteria. Permits grants to a State for the development of its health care value information program. Authorizes appropriations for such grants. Requires the head of each Federal agency with responsibility for the provision of health insurance or health care services to individuals to promptly develop health care value information relating to each program that such head administers. Directs the Secretary to develop model systems to facilitate: (1) the gathering of data on health care cost, quality, and outcome; and (2) analyzing such data to permit the valid comparison of such data. Authorizes appropriations for the development of such model systems. Directs the Secretary to adopt standards relating to the design and use of magnetized Medicare identification cards for the purpose of assisting health care providers in determining eligibility and billing. Authorizes appropriations. Nullifies any State law requiring that medical or health insurance records be maintained in written rather than electronic form. Requires each health benefit plan: (1) for each of its beneficiaries that has a social security number, to use that number as an identification number for claims processing; and (2) for each provider that has a unique identifier for Medicare purposes, to use that identifier for claims processing. Requires the Secretary to determine whether problems relating to the rules for determining liability when benefits are payable under two or more plans or the availability of information among such plans causes significant administrative problems, and if so, directs the Secretary to promulgate standards concerning liability and the transfer of information among plans. Directs the Secretary to provide grants to qualified entities to demonstrate the application of comprehensive information systems in continuously monitoring patient care and in improving patient care. Authorizes appropriations from the Federal Hospital Insurance Trust Fund. Subtitle C: Medical Savings Accounts (Medisave) - Amends the Internal Revenue Code to exclude from the gross income of an employee any amount contributed by the employer to a medical savings account pursuant to a qualified medical savings account plan. Sets contribution limits. Defines a "medical savings account" as a trust created exclusively for purpose of paying an individual's medical expenses. Permits expenses from such account only to the extent such amounts are not compensated for by insurance. Imposes a penalty on distributions not used for that individual's medical expenses. Subjects the employee to taxation as owner of the account. Subtitle D: Medicaid Program Flexibility - Amends title XIX (Medicaid) of the Social Security Act to modify Medicaid contracting requirements for coordinated care services. Subtitle E: Limitations on Physician Self-Referrals - Amends title XVIII (Medicare) of the Social Security Act to extend physician self-referral limitations to all payors as well as to certain additional services. Revises exceptions. Requires the Secretary to conduct a study in order to estimate the changes in aggregate costs for designated health services, under the Medicare program and other health plans, which will result from the implementation of the amendments made by this subtitle. Subtitle F: Removing Restrictions on Managed Care - Preempts managed care restrictions under State law. Requires the Comptroller General to conduct a study of the benefits and cost effectiveness of the use of managed care in the delivery of health services. Subtitle G: Medicare Payment Changes - Amends the Medicare program to make revisions in the methodology for determining updates to Medicare hospital payments. Provides for a reduction in Medicare payment for clinical diagnostic laboratory tests. Subtitle H: Limitation of Antitrust Recovery for Certain Hospital Joint Ventures - Limits antitrust recovery to actual damages if the requirements of this subtitle are met, including the filing and publication of certain information regarding hospital joint ventures. Establishes the Interagency Committee on Competition, Antitrust Policy, and Health Care to make recommendations to the Congress regarding antitrust and health care. Subtitle I: Encouraging Enforcement Activities of Medical Self-Regulatory Entities - Prohibits damages, interest on damages, costs, or attorney's fees from being recovered (except for actual damages, interest on damages, costs, or attorney's fees for injury sustained) under the Clayton Act or any similar State law from any medical self-regulatory entity as a result of engaging in standard setting or enforcement activities designed to promote the quality of health care provided to patients and not conducted for financial gain.
Bill· SS. 3313 (102nd)referred
United States · United States Congress · 2 October 1992
Amends the Immigration and Nationality Act to classify as nonimmigrant alien crewman certain aliens working on a U.S.-registered fishing boat.
Bill· HRH.R. 6100 (102nd)referred
United States · United States Congress · 2 October 1992
American Consumers Health Care Reform Act of 1992 - Title I: Immediate Health Care Reforms - Subtitle A: Expansion of Medicaid Program - Amends title XIX (Medicaid) of the Social Security Act to mandate Medicaid eligibility for all residents of a State: (1) who are U.S. citizens or nationals or lawful resident aliens; (2) whose income does not exceed specified percentages of the poverty level, increasing those percentages between the first and second effective fiscal years; and (3) whose resources do not exceed the limits set by title XVI (Supplemental Security Income) of the Social Security Act. Terminates, two years after this Act becomes effective, payments to States (and State obligations to provide assistance) under Medicaid, except for outpatient prescription drugs and biologicals, home health care, nursing facility services, community supported living, home and community-based services, and other items and services that relate to long-term care and are not covered under Medicaid provisions added by this Act. Includes in the assistance made available under this Act assistance for the same amount, duration, and scope as under certain Medicaid provisions relating to medical assistance, except for nursing facility or home health care services. Regulates cost-sharing: (1) prohibiting it for services related to pregnancy, preventive services, or services to children under 19; (2) limiting it for individuals whose income is under 50 percent of the poverty level; (3) specifying copayment amounts for other services and individuals; and (4) limiting total cost-sharing per year. Phases in an increased Federal medical assistance percentage (FMAP) for acute care services and a modified FMAP for items and services other than acute care services. Prohibits assistance under these provisions and the increased FMAP unless the State continues to provide home health care and nursing facility services. Directs the Secretary of Health and Human Services to develop standards for State long-term care plans under existing Medicaid provisions at the end of a specified transition period. Mandates a report on the impact on States of the FMAP decrease for outpatient prescription drugs. Amends Medicaid provisions to establish a Federal medical assistance program regarding acute care services for poor individuals and certain assistance for Medicare (title XVIII of the Social Security Act) cost-sharing for certain Medicare beneficiaries. Authorizes appropriations to carry out the provisions relating to the new program and such Medicare assistance. Mandates payment for items and services furnished to: (1) U.S. citizens, nationals, or lawful resident aliens; (2) whose incomes do not exceed specified percentages of the poverty level, increasing those percentages in the third through fifth effective fiscal years; and (3) whose resources do not exceed a specified level. Mandates payment for Medicare cost-sharing for: (1) Medicare beneficiaries; (2) disabled and working individuals, as defined in specified provisions; and (3) individuals who would be Medicare beneficiaries but for their income being between 100 and 120 percent of the poverty line. Specifies covered services, including certain: (1) inpatient and outpatient hospital services; (2) consistent with State law, rural health clinic services; (3) other laboratory and X-ray services; (4) screening, diagnostic, and treatment services; (5) family planning services and supplies; (6) physician's services; (7) medical and surgical services furnished by a dentist; (8) nurse-midwife services; and (9) pediatric or family nurse practitioner services. Excludes certain nursing facility and home health care services. Prohibits fixed limitations on the amount, duration, and scope of medically necessary services. Phases in, over two years, a requirement that payment rates for such services be the same under Medicaid as under Medicare. Mandates adjustment of such payment rates for demographic and geographic characteristics. Limits payments for such services based on Medicare participation conditions and agreements. Regulates cost-sharing: (1) prohibiting it for services related to pregnancy, preventive services, or services to children under 19; (2) limiting it for individuals whose income is under 50 percent of the poverty level; (3) specifying copayment amounts for other services and individuals; and (4) limiting total cost-sharing per year. Requires: (1) eligibility for these services to be determined by the same entity in a State that determines eligibility for benefits under title XVI (Supplemental Security Income) of the Social Security Act; and (2) payment to providers to be made through the same entity or entities that make provider payments under Medicare, as amended by this Act. Mandates encouragement of the development and application of managed care arrangements to the provision of such services, including primary care case-management arrangements, health maintenance organizations, and competitive medical plans. Requires comprehensive managed care arrangements to include capitation payments at a level equivalent to payments that would be made for individuals not enrolled in such an arrangement. Requires State maintenance of effort, phasing in over nine years an increased Federal percentage and phasing out over the same period the FMAP for services not covered. Mandates a study on the effect of the State maintenance of effort requirements on different States and on the relation of the total amount of maintenance of effort to the long-term care needs in each State. Subtitle B: Medicare Reform - Directs the Secretary of Health and Human Services to take steps to consolidate the administration of Medicare parts A (Hospital Insurance) and B (Supplementary Medical Insurance) over a five-year period, contracting with a single entity that combines the intermediary and carrier functions in each area, except where special regional or national contracts are appropriate. Mandates development of payment proposals that eliminate inconsistent incentives under Medicare. Subtitle C: Health Benefit Plan Reform - Part 1: Preemption of State Mandatory Benefit Laws and Anti-Managed Care Laws - Preempts State laws, as applied to a qualified small employer (not over 100 employees) purchasing group (having at least 100 employer members per State): (1) requiring the offering, by an employer member, of any health benefit plan services, category of care, or services of any class or type of provider; or (2) prohibiting a group of employers from purchasing health insurance with respect to member employers or their employees. Preempts State laws: (1) restricting carriers from negotiating provider reimbursement rates or contracting selectively with one provider or a limited number of providers; (2) limiting the financial incentives a health benefit plan may require a beneficiary to pay when a non-plan provider is used on a non-emergency basis; or (3) restricting utilization review in certain ways. Requires the Comptroller General to study the benefits and cost effectiveness of the use of managed care in the delivery of services. Ends the preemptions mandated by this paragraph five years after enactment of this Act. Part 2: Restriction on Pre-Existing Condition Provisions for Employer Health Insurance - Prohibits a carrier from imposing certain preexisting condition limitations or exclusions. Requires carriers to waive a preexisting condition waiting period in certain circumstances. Part 3: Small Employer Insurance Market Reforms - Requires a carrier that offers a small employer health plan in a State to offer the same plan to any other small employer in the State. Allows refusal to issue or renew (or termination of) such a plan only for nonpayment of premiums, fraud, or misrepresentation. Requires, after a minimum benefit package is established under provisions of this Act, that each such carrier make available a plan that only provides for such minimum benefits. Declares that a plan offered through an association composed exclusively of employers (which may include self-employed individuals) and formed for purposes other than obtaining health insurance need not be offered to individuals who are not employees of employer members or self-employed members. Allows health maintenance organizations to have geographic and size limits. Requires: (1) a single cohesive rating system applied consistently for all small employers and actuarially certified annually; and (2) the reference premium rate charged for a small employer health plan with similar benefits in a community for a type of family enrollment to be the same for all small employers. Allows limited reference premium rate adjustment based on the age and gender of covered individuals. Requires each small employer health plan to permit enrollment of three classes: (1) one adult; (2) a married couple without children; and (3) a married couple with one or more children or one adult with one or more children. Part 4: Establishment of Standards; Enforcement; General Definitions - Mandates development of standards to carry out parts 2 and 3 of this subtitle. Requires each State to report to the Secretary on the enforcement of the standards. Permits more stringent State standards. Directs the Secretary to provide for enforcement if a State fails to do so and with respect to plans not subject to State regulation. Amends the Internal Revenue Code to impose a tax on the failure of any carrier to comply with part 2 standards or of any small employer carrier to comply with part 3 standards. Subtitle D: Medical Malpractice Reform - Part 1: General Provisions - Applies this subtitle to any medical malpractice liability action in any State or Federal court, except regarding: (1) a vaccine-related injury or death covered by certain provisions of the Public Health Service Act; or (2) injuries allegedly arising solely from the use of a medical product. Preempts inconsistent State laws. Part 2: Uniform Standards for Medical Malpractice Liability Actions - Sets forth time limits for bringing medical malpractice liability claims. Prohibits bringing such a claim in a State court unless the claim has been initially resolved under an alternative dispute resolution system (ADR) certified by the Secretary under this Act. Gives an ADR decision the same status, for purposes of court enforcement, as the verdict of a medical malpractice action adjudicated in a State or Federal trial court. Provides for the treatment of an ADR decision regarding going forward with the action and the burden of proof. Amends Federal law relating to judicial procedure to require each Federal agency to use an alternative means of dispute resolution to settle a medical malpractice claim against the United States. Mandates a pretrial settlement conference. Limits: (1) noneconomic damages to a specified dollar amount; and (2) punitive damages to twice the damages awarded to the plaintiff and the plaintiff's family. Requires any punitive damages to be paid to the State in which the action is brought. Requires that State to use such amounts to carry out activities to assure the safety and quality of health care services, including: (1) licensing health care providers; (2) operating ADRs; (3) operating public education programs; and (4) carrying out programs to reduce malpractice-related costs for providers volunteering services in medically underserved areas. Mandates periodic payment for future losses, if over a specified amount. Limits contingent plaintiff's attorney's fees. Mandates awarding attorney's fees, expert fees, and certain other litigation expenses to the contesting party if the court upholds an ADR ruling. Makes medical malpractice liability several only and not joint, with each defendant being liable only for their percentage of the responsibility. Prohibits a finding of negligence in a medical malpractice liability action unless the conduct at the time of providing the services was not reasonable. Declares it to be a complete defense that the defendant followed the appropriate practice guideline, provided the Secretary has sanctioned the use of the guideline for purposes of an affirmative defense. Sets forth a sanctioning process. Declares that a prima facie case of negligence is not presented solely by showing that the defendant failed to follow the appropriate practice guideline. Prohibits a finding of malpractice relating to services during labor or delivery if the defendant did not previously treat the plaintiff for the pregnancy unless the malpractice is proven by clear and convincing evidence. Specifies the ways and extent to which this part supersedes State laws. Part 3: Requirements for State Alternative Dispute Resolution System (ADR) - Lists requirements for State ADRs, including that they: (1) apply to all medical malpractice claims under the State courts; and (2) transmit findings of malpractice to the State agency responsible for monitoring or disciplining providers. Requires application of the provisions of part 2 to claims under a State's ADR as such provisions apply to actions brought in the State. Provides for certification of State ADRs. Mandates a report to the Congress describing and evaluating State ADRs. Part 4: Other Requirements and Programs - Amends the Social Security Act to authorize appropriations (and modify existing authorizations of appropriations) to carry out provisions regarding research on outcomes of health care services and procedures, earmarking funds for sanctioning practice guidelines for an affirmative defense in medical malpractice liability actions. Directs the Secretary, in order to facilitate the research, to conduct and support data collection on medical malpractice actions. Mandates: (1) development of a standard reporting form for State ADRs regarding resolved disputes; and (2) a study on the effect of the malpractice guidelines developed by the Administrator for Health Care Policy and Research on malpractice incidence and costs. Allows, notwithstanding any other provision of State or Federal law, a State agency responsible for disciplinary actions for a type of health care practitioner to enter into agreements with State or county professional societies to participate in the licensing of such practitioner and the review of any malpractice action or allegation or other information concerning the practice patterns of the practitioner. Requires each State to require: (1) each health care professional and provider to participate in a risk management program to prevent and provide early warning of practices which may endanger patients; and (2) each malpractice insurance provider to establish risk management programs and require those maintaining insurance to participate. Mandates grants: (1) for the conduct of basic research on the prevention of and compensation for injuries resulting from health care professional or provider malpractice and research on the outcomes of health care procedures; (2) to States to improve each State's ability to license and discipline health care professionals; (3) for public education on appropriate health care use and realistic expectations; (4) for public education on the resources and role of health professional licensing and disciplinary boards; and (5) for developing faculty training and curricula for educating health professionals in quality assurance, risk management, and medical injury prevention. Authorizes appropriations. Mandates a study on the factors preventing or discouraging physicians from volunteering to provide services in medically underserved areas. Subtitle E: Medical Education Reform - Amends Medicare provisions to require that, ten years after enactment of this Act, half of: (1) direct graduate medical education cost payments be made for residency training in primary care fields; and (2) indirect medical education cost payments be made for physicians in primary care fields. Amends the Public Health Service Act to require that, ten years after enactment of this Act, half of all new insured loans to and installments on lines of credit for graduate students in health professions schools be made for students in primary care fields. Requires each State to develop a comprehensive plan to identify the health personnel needs of its residents. Subtitle F: Public Delivery System - Mandates development of national standards to identify medically underserved populations. Requires each State to develop a comprehensive plan for addressing the needs of such populations under such standards. Authorizes appropriations for additional grants to migrant and community health centers and programs for health services for the homeless to provide for at least one publicly-funded health center in each such identified area. Directs the Secretary to promote individual responsibility in personal health care and in the use of health care resources. Declares that it is the sense of the Congress that the amounts appropriated under provisions relating to the general authority of the Secretary regarding health information and health promotion should be increased sufficiently to permit the Office of Disease Prevention and Health Promotion to carry out specified activities. Directs the President to provide for the coordination and, to the extent appropriate, consolidation of all Federal nutrition activities. Requires establishment of at least four demonstration projects to test alternative ways of promoting informed decision making by providers and patients on the appropriate utilization of expensive life-sustaining technology. Specifies four projects which must be included. Authorizes appropriations. Mandates: (1) development of an action plan for reducing the U.S. incidence of specified health risk factors such as smoking, overweight, sedentary lifestyle, and failure to use seat belts; and (2) identification of Federal policies that may hinder attainment of the plan goals. Subtitle G: Public Disclosure - Directs the Secretary to establish standards for the collection and disclosure of health care data under this subtitle, including a computerized system, a uniform claims format, a mechanism to avoid duplicating Medicare and Medicaid services reporting and to coordinate data collected for such services with other health care services, and a quality- and effectiveness-measuring methodology. Allows the collection and disclosure requirements of this subtitle to be implemented by a State or by the Secretary. Authorizes appropriations. Requires the implementing entity to collect, and data sources to submit, specified data. Mandates publication of specified data, including on at least the most frequent 65 percent of services and payments and including comparisons among providers regarding payments and service effectiveness. Provides for special reports from raw data and for a means for computer-to-computer access to any purchaser. Provides for public access to the data. Prohibits release of specified types of information and imposes criminal penalties. Sets forth procedures for access by purchasers and other parties. Subtitle H: Tax Incentives to Provide Only Minimum Benefits - Amends the Internal Revenue Code to disallow a trade or business expense deduction for health care benefits exceeding the minimum benefits package under title II of this Act. Excludes from an employee's gross income employer-provided health coverage, but only up to the minimum benefit package. Removes provisions ending, on a specified date, the deductibility of a specified percentage of the health insurance expenses of self-employed individuals. Makes the cost of the minimum benefit package coverage fully deductible for such individuals. Title II: National Health Care Reform Proposals - Subtitle A: National Health Care Reform Commission - Establishes the National Health Care Reform Commission, requiring it to: (1) develop national health care goals to improve access to health care, safeguard and improve quality, and control costs; and (2) advise the Secretary on subtitle B demonstration projects and make related evaluations and recommendations. Requires the Commission to submit to the Congress a legislative proposal specifying a minimum benefit package to be used for a demonstration project under this title. Declares that the package, if approved by enactment of a joint resolution, shall also be used for implementing subtitle C (Health Benefit Plan Reform) of title I and determining the tax treatment of employer-paid employee health benefits in excess of the minimum package. Requires: (1) coverage of medically appropriate and cost effective preventive, diagnostic, and therapeutic services; and (2) cost-sharing providing an incentive to avoid unnecessary care while avoiding excessive cost-sharing by individuals with catastrophic illnesses. Sets forth rules, changeable as any other rules of the House of Representatives or the Senate, for the consideration of such a joint resolution. Subtitle B: Demonstration Projects on Alternative Financing and Delivery Systems - Mandates establishment of such demonstration projects as necessary to test alternative methods for organizing the structure of the U.S. health care financing and delivery system. Authorizes the Secretary to initiate projects and seek applications from States. Prohibits projects from increasing Medicare and Medicaid expenditures. Authorizes waivers, as necessary, of requirements of Medicare, Medicaid, the Employee Retirement Income Security Act of 1974, and specified antitrust laws. Requires the Secretary to provide for the transfer from the Federal Hospital Insurance Trust Fund of sums as necessary to provide for evaluations of the projects.
Bill· HRH.R. 6098 (102nd)referred
United States · United States Congress · 2 October 1992
Prohibits direct Federal financial benefits and unemployment assistance to illegal aliens, and eliminates Federal requirements for provision of State benefits to such persons.
Bill· SS. 3299 (102nd)referred
United States · United States Congress · 1 October 1992
Managed Competition Act of 1992 - Title I: Managed Competition in Employer-Based Health Plans: Incentives to Control Costs - Subtitle A: Use of Tax Incentives to Purchase Cost Effective Plans - Amends the Internal Revenue Code to impose an excise tax on the excess health plan expenses of employers. Allows a full and permanent deduction for the health plan premium expenses of self-employed individuals, except with respect to excess health plan expenses. Excludes from gross income contributions by a partnership or S corporation to an accident or health plan covering its partners or shareholders. Subtitle B: Health Plan Purchasing Cooperatives (HPPCs - Provides for the establishment of health plan purchasing cooperatives as not-for-profit corporations in or among States to: (1) enter into agreements with accountable health plans; (2) enter into agreements with small employers; (3) enroll individuals in accountable health plans; (4) receive and forward adjusted premiums, including the reconciliation of low-income assistance among such plans; and (5) coordinate and carryout other functions as required by this title. Subtitle C: Accountable Health Plans (AHPs) - Sets forth requirements for accountable health plans with respect to: registration and qualifications, uniform benefits, cost-sharing for low-income individuals, standardized information, prohibition of discrimination based on health status, standard premiums, financial solvency, grievance mechanisms, and coordinating benefits. Preempts State laws for accountable health plans. Subtitle D: National Health Board - Establishes a National Health Board to: (1) specify a uniform set of effective benefits by October 1, 1993; (2) provide for an advisory Health Benefits and Data Standards Board and a Health Plan Standards Board; (3) register accountable health plans; (4) establish rules for the process of risk-adjustment premiums; (5) establish standards for a national health data system; (6) measure the quality of care in specialized centers; and (7) make specified reports to the Congress. Subtitle E: Treatment of Areas of Ineffective Competition - Authorizes States to develop plans for controlling growth in premiums of accountable health plans where there is ineffective price competition. Subtitle F: Repeal of COBRA Continuation Requirements - Repeals provisions of the Internal Revenue Code, the Employee Retirement Income Security Act of 1974, and the Public Health Service Act with respect to continuation coverage requirements of group health plans. Subtitle G: Definitions - Provides definitions for terms under this title. Title II: Low-Income Assistance for Health Coverage - Subtitle A: Low-Income Assistance - Provides assistance to low-income individuals enrolled under accountable health plans who are not eligible for Medicare through adjustments of premiums, cost-sharing assistance, and payments for certain items and services. Subtitle B: Long-Term Care Phase-Down Assistance to States - Phases down assistance to States for long-term care from 1994 through 1997. Subtitle C: Financing - Repeals the dollar limitation on the amount of wages subject to the hospital insurance tax. Subtitle D: Repeal of Medicaid Program - Repeals title XIX (Medicaid) of the Social Security Act. Requires the National Health Board to report to the Congress on changes in the laws needed to conform to such repeal. Title III: Improved Access in Rural and Undeserved Areas - Amends the Public Health Service Act to extend authorizations of appropriations for migrant health centers, community health centers, scholarship and loan repayment programs of the National Health Service Corps, and area health education centers. Title IV: Preventive Health and Personal Responsibility - Subtitle A: Expansion of Public Health Programs - Extends authorized appropriations for: immunizations against vaccine-preventable diseases, lead poisoning prevention, preventive health measures with respect to breast and cervical cancers, health information and health promotion, and preventive health and health services block grants. Provides for the use of appropriated funds for the prevention, control, and elimination of tuberculosis and for grants for the early intervention regarding acquired immune deficiency syndrome (AIDS). Authorizes appropriations for programs regarding the smoking of tobacco products. Subtitle B: Expansion of Medicare Coverage of Preventive Services - Amends the title XVIII (Medicare) of the Social Security Act to provide for coverage for colorectal screening, certain immunizations, well-child care, annual mammography screenings, and certain additional benefits. Title V: Malpractice Reform - Subtitle A: Findings; Purpose; Definitions - Sets forth congressional findings with respect to the need for malpractice reforms. Subtitle B: Grants to States for Alternative Dispute Resolution Systems - Authorizes the Secretary of Health and Human Services to make grants to States for a two-year period for the implementation and evaluation of alternative dispute resolution systems. Sets forth eligibility requirements for States seeking such grants and standards and regulations for such program. Subtitle C: Uniform Standards for Malpractice Claims - Establishes uniform standards for health care liability actions brought in a Federal or State court and to medical malpractice claims subject to an alternative dispute resolution system, except in the case of an injury arising from the use of a medical product. Subtitle D: Liability Protections for Federally-Supported Health Centers - Provides liability protection for physicians or other licensed or certified health care practitioners deemed to be employees of the Public Health Service. Requires the Attorney General to report to the Congress on medical malpractice liability claims arising under this subtitle. Title VI: Paperwork Reduction and Administrative Simplification - Preempts State laws that require medical or health insurance records to be maintained in written, rather than electronic form. Requires the National Health Board to ensure the confidentiality of electronic health care information and establish standardization for the electronic receipt and transmission of health plan information. Requires the Board to establish goals and time frames for: (1) the use of uniform health claims forms and identification numbers; (2) achieving uniformity in determining the liability of insurers when benefits are payable under two or more health plans; and (3) achieving uniformity in the availability of information among health plans when benefits are payable under two or more health plans. Amends the Internal Revenue Code to impose a tax on the administrator of a health plan for failure to satisfy certain health plan requirments.
Bill· HRH.R. 6054 (102nd)referred
United States · United States Congress · 29 September 1992
Declares four named individuals to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.
Bill· SS. 3264 (102nd)referred
United States · United States Congress · 23 September 1992
Criminal Aliens Impact and Removal Act of 1992 - Title I: Deportation - Directs the Attorney General to transfer specified funds to meet deportation case backlogs. Authorizes the Attorney General to implement a nationwide criminal alien tracking system. Provides grants for State and local participation. Authorizes appropriations. Authorizes the Secretary of State together with the Attorney General to enter into an agreement with any foreign country for the incarceration in such country of an individual who is: (1) a national of that country; and (2) subject to U.S. deportation based upon a criminal conviction. Gives priority to countries with greater numbers of such aliens. States that any such agreement shall not preclude U.S. financial contributions for incarceration costs. Authorizes appropriations. Amends the Immigration and Nationality Act, with regard to an alien convicted of an aggravated felony, to prohibit: (1) suspension of deportation and adjustment of status; (2) admission for an otherwise excludable charge of marijuana possession; (3) adjustment of status for a person inspected and admitted into the United States; and (4) registration for lawful entry. Directs the Attorney General to submit the report on the Five State Criminal Alien model to the appropriate congressional committees within six months of enactment of this Act. Directs the Secretary of State and the Attorney General to report to the appropriate congressional committees regarding the Prisoner Transfer Treaty with Mexico. Title II: Enforcement - Provides for the forfeiture of an alien's property for: (1) failure to submit to deportation; and (2) smuggling or document falsification. Directs the Attorney General to transfer the liquidated assets of such property to the Criminal Alien Identification, Incarceration, and Removal Fund (established by this Act). Amends the Immigration and Nationality Act to authorize the registration of aliens on criminal (felony) probation or parole. Subjects an alien to a civil fine and deportation for failure to supply the required information. Subjects to a civil fine: (1) a person 18 years or older who induces an alien to commit an aggravated felony; (2) an alien who commits such a crime; and (3) a person who unlawfully transports an alien. Establishes in the Treasury the Criminal Alien Identification, Incarceration, and Removal Fund. Title III: Border Enforcement - Authorizes appropriations for increased personnel levels for: (1) the Border Patrol, including a specified assignment of agents for the San Diego Sector; and (2) the Immigration and Naturalization Service antismuggling program. Authorizes additional appropriations for Border Patrol: (1) equipment maintenance; and (2) equipment, training, vehicles, and support services. Amends the Immigration and Nationality Act to provide Border Patrol personnel training with respect to the rights and varied cultural backgrounds of aliens and citizens. Authorizes appropriations. Expresses the sense of the Congress that the Attorney General should initiate discussions with Mexico and Canada with regard to the smuggling of aliens into the United States. Amends Federal law to authorize the use of the Federal Asset Forfeiture Fund for Border Patrol personnel costs. Title IV: State and Local Government Relief - Directs the Attorney General to take custody of excludable and deportable aliens convicted by State or municipal courts and incarcerate them in Federal prisons, unless an agreement exists for State or local compensation. Directs the Secretary of Defense to transfer three closed military installations to the Department of Justice for alien incarceration. Authorizes the Commissioner of the Immigration and Naturalization Service to designate at least three States and ten local jurisdictions as High Intensity Criminal Alien Population Areas. Authorizes appropriations.
Bill· SS. 3248 (102nd)referred
United States · United States Congress · 18 September 1992
Classifies a named individual as a child within the meaning of the Immigration and Nationality Act, subject to specified limitations.
Bill· HRH.R. 5970 (102nd)referred
United States · United States Congress · 17 September 1992
American Health Care Access Improvements Act of 1992 - Title I: Health Care Access Improvements - Subtitle A: Health Insurance Deduction Fairness - Amends the Internal Revenue Code to make permanent and increase from 25 to 100 percent the health insurance tax deduction for the self-employed. Subtitle B: Extension of Special Treatment Rules for Medicare-Dependent, Small Rural Hospitals - Amends title XVIII (Medicare) of the Social Security Act to extend for one year special treatment rules for Medicare-dependent small rural hospitals. Subtitle C: Benefits and Services Requirements for Exemption From Tax for Hospitals - Amends the Internal Revenue Code to set forth requirements for hospitals to maintain tax-exempt status, including: (1) the provision of certain emergency medical care; (2) the acceptance of Medicaid and Medicare patients; and (3) the provision of community health centers and clinics in medically underserved areas. Title II: Insurance Availability - Requires eligible uninsured individuals to register with the Secretary of Health and Human Services for enrollment in a qualified Federal health plan. Provides for the collection of premiums through the income tax system. Authorizes appropriations. Title III: Health Care Cost Containment - Subtitle A: Paperwork and Administrative Expense Reduction - Requires the Director of the Office of Management and Budget to: (1) identify, inventory, and assess the Federal paperwork burden associated with health care services; and (2) establish a goal for reducing such burden in each of the fiscal years 1993 through 1998 by at least five percent of the preceding fiscal year's paperwork burden. Provides a bonus for providers who initiate the use of electronic claims under the Medicare program. Subtitle B: Medical Malpractice Liability Reform - Directs the Secretary of Health and Human Services to make grants to States for the implementation and evaluation of alternative dispute resolution (ADR) systems. Sets forth eligibility requirements for States seeking such grants. Directs the Secretary to award not less than ten such grants each fiscal year, with exceptions. Requires the Secretary to: (1) designate each State receiving such a grant as a model ADR State (making such State eligible for a two-year extension); and (2) disseminate information on the ADR systems implemented by such States to other States, health care professionals and providers, and other interested parties. Directs the Secretary to: (1) develop and promulgate standards and regulations necessary to carry out the grant program, including qualification standards that States must meet to receive grants and regulations establishing State data gathering requirements; (2) take into account, in developing qualification standards, specified factors such as the effectiveness of such systems in supporting access to health care, encouraging improvements in the quality of care, resolving claims promptly, and providing predictable outcomes; (3) provide States with technical assistance; and (4) report to the Congress, within four years of the first grant, describing and evaluating the ADR systems implemented. Specifies that, with respect to any health care liability action brought in a Federal or State court and any medical malpractice claim or medical product liability claim subject to an ADR system: (1) no person may be required to pay more than $100,000 in a single payment in damages (whether for economic or non-economic losses) for expenses to be incurred in the future, but shall be permitted to make periodic payments (as determined by the court); (2) the total amount of damages that may be awarded to an individual and the family members of such individual for non-economic losses may not exceed $250,000; (3) the total amount of damages received by an individual shall be reduced by any other payment that has been or will be made to the individual to compensate such individual for the injury that was the subject of the action or claim; (4) a claimant's attorney's fees may not exceed 25 percent of the first $150,000 of any award or settlement, or 15 percent of any additional amounts, paid to the claimant; (5) the total amount of punitive damages that may be assessed may not exceed twice the total amount of the damages awarded to compensate the claimant for losses resulting from the injury; and (6) the liability of each defendant for non-economic losses shall be several only and not joint, and each defendant shall be liable only for the amount of non-economic losses allocated to the defendant in direct proportion to the defendant's percentage of responsibility. Establishes a two-year statute of limitations for medical malpractice and product liability claims, beginning on the earlier of the date on which the injury that is the subject of the action was discovered or the date it should reasonably have been discovered. Specifies that, in the case of a medical malpractice or product liability claim relating to services provided during labor or the delivery of a baby, if the claimant was not previously treated for the pregnancy by the defendant health care professional or provider a court may not find that the defendant committed malpractice and assess damages against the defendant unless the malpractice is proven by clear and convincing evidence. Bars a defendant from being found to have committed malpractice unless the defendant's conduct at the time of providing the health care services was not reasonable, except where the claimant asserts that the defendant is liable under a strict liability theory. Bars the award of punitive damages with respect to any medical product liability claim alleged against a medical product producer if the drug or device that is the subject of the claim: (1) was subject to approval or premarket approval under the Federal Food, Drug, and Cosmetic Act by the Food and Drug Administration (FDA) with respect to the safety or performance of the drug or device or the adequacy of the packaging or labeling; (2) was approved by FDA; or (3) is generally recognized as safe and effective pursuant to conditions established by FDA and applicable regulations. Makes an exception in the case of withheld information, misrepresentation, or illegal payment to an FDA official for purposes of securing approval of the drug or device. Provides for a separate proceeding to determine punitive damages. Sets forth provisions with respect to: (1) the admissibility of evidence; and (2) criteria for determining the amount of punitive damages. Provides that the U.S. district courts shall not have jurisdiction over health care liability actions based on Federal questions or based on specified provisions concerning commerce and antitrust regulations. Specifies that this title preempts State law only to the extent that State law: (1) permits the recovery by a claimant or the assessment against a defendant of a greater amount of damages; (2) permits the awarding of a greater amount of attorney's fees; (3) establishes a longer period during which medical malpractice or product liability claims may be initiated; or (4) establishes a less strict standard of proof for determining whether a defendant has committed malpractice. Amends the Public Health Service Act to direct the Secretary to encourage the establishment of a nationwide risk retention group (RRG) for community and migrant health centers receiving assistance under such Act. Defines an RRG for purposes of this title as an entity defined in the Liability Risk Retention Act of 1986 that: (1) provides professional liability insurance and other types of profitable insurance approved for issuance by the Secretary to community and migrant health centers; (2) provides insurance that applies to all claims filed against a community or migrant health center after the entity initiates insurance coverage and to claims arising from acts that occurred prior to the initiation of coverage if the claims are not covered by other insurance; and (3) meets such other requirements as the Secretary may establish. Subtitle C: Medical Savings Accounts - Amends the Internal Revenue Code to allow individuals a tax deduction for contributions made to a medical care savings account established for the benefit of an eligible individual. Defines an eligible individual as: (1) one who is not covered by an employer-provided group health plan; or (2) one who is covered by such a plan which is a qualified catastrophic coverage health plan and is not covered by any other health plan. Allows penalty-free withdrawals from such accounts to the extent that amounts in such accounts exceed $15,000. Allows such deduction in arriving at adjusted gross income. Establishes an excise tax for excess contributions to medical care savings accounts and makes such accounts subject to the tax on prohibited transactions. Allows the transfer of unused amounts in flexible spending accounts of cafeteria plans to medical savings accounts. Subtitle D: Estimates of Expenses Prior to Treatment - Requires providers of health care items or services to disclose to individuals prior to their treatment the price to be charged for such items or services, except in cases of emergencies. Subtitle E: Limitation on Exclusion for Employer Provided Health Coverage - Limits the amount excludable from the gross income of an employee for employer-provided health care coverage. Subjects such amount to an inflation adjustment.
Bill· HRH.R. 5936 (102nd)referred
United States · United States Congress · 15 September 1992
Managed Competition Act of 1992 - Title I: Managed Competition in Employer-Based Health Plans: Incentives to Control Costs - Subtitle A: Use of Tax Incentives to Purchase Cost Effective Plans - Amends the Internal Revenue Code to impose an excise tax on the excess health plan expenses of employers. Allows a full and permanent deduction for the health plan premium expenses of self-employed individuals, except with respect to excess health plan expenses. Excludes from gross income contributions by a partnership or S corporation to an accident or health plan covering its partners or shareholders. Subtitle B: Health Plan Purchasing Cooperatives (HPPCs) - Provides for the establishment of health plan purchasing cooperatives as not-for-profit corporations in or among States to: (1) enter into agreements with accountable health plans; (2) enter into agreements with small employers; (3) enroll individuals in accountable health plans; (4) receive and forward adjusted premiums, including the reconciliation of low-income assistance among such plans; and (5) coordinate and carryout other functions as required by this title. Subtitle C: Accountable Health Plans (AHPs) - Sets forth requirements for accountable health plans with respect to: registration and qualifications, uniform benefits, cost-sharing for low-income individuals, standardized information, prohibition of discrimination based on health status, standard premiums, financial solvency, grievance mechanisms, and coordinating benefits. Preempts State laws for accountable health plans. Subtitle D: National Health Board - Establishes a National Health Board to: (1) specify a uniform set of effective benefits by October 1, 1993; (2) provide for an advisory Health Benefits and Data Standards Board and a Health Plan Standards Board; (3) register accountable health plans; (4) establish rules for the process of risk-adjustment premiums; (5) establish standards for a national health data system; (6) measure the quality of care in specialized centers; and (7) make specified reports to the Congress. Subtitle E: Treatment of Areas of Ineffective Competition - Authorizes States to develop plans for controlling growth in premiums of accountable health plans where there is ineffective price competition. Subtitle F: Repeal of COBRA Continuation Requirements - Repeals provisions of the Internal Revenue Code, the Employee Retirement Income Security Act of 1974, and the Public Health Service Act with respect to continuation coverage requirements of group health plans. Subtitle G: Definitions - Provides definitions for terms under this title. Title II: Low-Income Assistance for Health Coverage - Subtitle A: Low-Income Assistance - Provides assistance to low-income individuals enrolled under accountable health plans who are not eligible for Medicare through adjustments of premiums, cost-sharing assistance, and payments for certain items and services. Subtitle B: Long-Term Care Phase-Down Assistance to States - Phases down assistance to States for long-term care from 1994 through 1997. Subtitle C: Financing - Repeals the dollar limitation on the amount of wages subject to the hospital insurance tax. Subtitle D: Repeal of Medicaid Program - Repeals title XIX (Medicaid) of the Social Security Act. Requires the National Health Board to report to the Congress on changes in the laws needed to conform to such repeal. Title III: Improved Access in Rural and Underserved Areas - Amends the Public Health Service Act to extend authorizations of appropriations for migrant health centers, community health centers, scholarship and loan repayment programs of the National Health Service Corps, and area health education centers. Title IV: Preventive Health and Personal Responsibility Subtitle A: Expansion of Public Health Programs - Extends authorized appropriations for: immunizations against vaccine preventable diseases, lead poisoning prevention, preventive health measures with respect to breast and cervical cancers, health information and health promotion, and preventive health and health services block grants. Provides for the use of appropriated funds for the prevention, control, and elimination of tuberculosis and for grants for early intervention regarding acquired immune deficiency syndrome (AIDS). Authorizes appropriations for programs regarding the smoking of tobacco products. Subtitle B: Expansion of Medicare Coverage of Preventive Services - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage for colorectal screening, certain immunizations, well-child care, annual mammography screenings, and certain additional benefits. Title V: Malpractice Reform - Subtitle A: Findings; Purpose; Definitions - Sets forth congressional findings with respect to the need for malpractice reforms. Subtitle B: Grants to States for Alternative Dispute Resolution Systems - Authorizes the Secretary of Health and Human Services to make grants to States for a two-year period for the implementation and evaluation of alternative dispute resolution systems. Sets forth eligibility requirements for States seeking such grants and standards and regulations for such program. Subtitle C: Uniform Standards for Malpractice Claims - Establishes uniform standards for health care liability actions brought in a Federal or State court and to medical malpractice claims subject to an alternative dispute resolution system, except in the case of an injury arising from the use of a medical product. Subtitle D: Liability Protections for Federally-Supported Health Centers - Provides liability protection for physicians or other licensed or certified health care practitioners deemed to be employees of the Public Health Service. Requires the Attorney General to report to the Congress on medical malpractice liability claims arising under this subtitle. Title VI: Paperwork Reduction and Administrative Simplification - Preempts State laws that require medical or health insurance records to be maintained in written, rather than electronic form. Requires the National Health Board to ensure the confidentiality of electronic health care information and establish standardization for the electronic receipt and transmission of health plan information. Requires the Board to establish goals and time frames for: (1) the use of uniform health claims forms and identification numbers; (2) achieving uniformity in determining the liability of insurers when benefits are payable under two or more health plans; and (3) achieving uniformity in the availability of information among health plans when benefits are payable under two or more health plans. Amends the Internal Revenue Code to impose a tax on the administrator of a health plan for failure to satisfy certain health plan requirments.
Bill· HRH.R. 5951 (102nd)referred
United States · United States Congress · 15 September 1992
Declares that a named individual shall be considered to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act, upon the filing of an applicaiton for adjustment of status.
Bill· SS. 3214 (102nd)referred
United States · United States Congress · 12 August 1992
Port of Entry Inspections Improvement Act of 1992- Amends the Immigration and Nationality Act to create grounds for exclusion of an alien who: (1) uses or attempts to use a fraudulent document to enter the United States, or to board a common carrier for such purpose; or (2) uses a document to board a common carrier and then fails to present such document to an immigration official upon arrival at a U.S. port of entry. Prohibits the granting of asylum to an alien who is found to be using fraudulent entry documents or who fails to present entry-related documents, unless a specially trained immigration officer determines such actions were pursuant to departure from a country in which: (1) the alien had a credible fear of persecution; or (2) there was a significant danger that the alien would be returned to a country in which he or she would have a credible fear of persecution. Provides for port of entry exclusion and deportation without administrative or judicial appeal (except by a limited petition of habeas corpus) for such admission document fraud. Increases penalties for certain alien smuggling offenses. Creates a separate offense and penalty for an alien smuggler who seriously injures or jeopardizes the life of an alien.
Bill· HRH.R. 5837 (102nd)referred
United States · United States Congress · 12 August 1992
American Health Security Plan of 1992 - Title I: Eligibility and Enrollment - Entitles every U.S. resident citizen, national, and lawful resident alien to health care services and long-term care services under this Act. Requires each State program to provide for a mechanism for enrollment and issuance of an identification and processing card. Provides for portability, including mandating use of a uniform claims form. Title II: Benefits - Subtitle A: Health Care Services - Includes as covered services: (1) inpatient and outpatient hospital care; (2) diagnostic and screening tests; (3) services furnished by health care professionals, including medically necessary dental care; (4) preventive care; (5) prescription drugs, biologicals, and devices; (6) substance abuse services; (7) outpatient mental health services; (8) hospice care; (9) habilitation and rehabilitation; (10) home medical equipment and prosthetic devices; and (11) approved experimental treatment. Prohibits States from limiting the amount, duration, or scope of services except as provided in this Act. Excludes cosmetic surgery and certain inpatient amenities. Requires: (1) the Federal Health Board established by this Act to provide, subject to certain requirements, for copayments and out-of-pocket limits; and (2) the Federal Health Priorities Council established by this Act to study: (1) whether out-of-pocket limits should be modified to take into account family size and composition; (2) whether co-payments effectively contain costs and whether they are an administrative burden on providers; (3) the effects of the continuation of duplicative private insurance on the quality, access, and cost of the public insurance program; and (4) whether cost sharing should be different for individuals who engage in practices deemed to increase the likelihood of service use. Subtitle B: Long-Term Care Services - Requires that the Board set standards for eligibility, long-term care services coverage, income protection, and case management. Requires that long-term care include at least home- and community-based services, nursing home care, hospice care, home medical equipment, and services for individuals with developmental disabilities and mental illness. Requires the Board to establish an income-related cost sharing schedule. Requires reduction of cost sharing to ensure that the income and assets of the individual using long-term care services under this Act are sufficient to: (1) cover all items needed in addition to those provided by the long-term care facility; (2) maintain the individual's primary residence; and (3) maintain the individual's independence once the individual no longer needs long-term care services. Requires a reduction in cost sharing to ensure that the income of the spouse, dependent, parent, or guardian of the individual using long-term care services is not reduced below certain levels. Provides for the appointment of a Long-Term Care Services Assessment Commission to make recommendations annually regarding specified aspects of long-term care under this Act. Authorizes appropriations. Subtitle C: Modification of Services - Requires annual recommendations by the Priorities Council regarding changes in services under this Act. Authorizes the Board to promulgate regulations for implementing the Council's recommendations. Gives the regulations the force of law unless Congress disapproves. Title III: Federal and State Administration - Subtitle A: Federal Administration - Establishes the Federal Health Board to administer this Act and take other actions, including establishing national minimum quality standards, establishing uniform reporting requirements, developing a uniform claims form, and reviewing and approving interstate consortia minimizing fragmented care, and combating fraud and abuse. Requires the Board to appoint the Federal Health Advisory Council. Establishes the Federal Health Priorities Council to conduct hearings and studies and make recommendations on how health care dollars should be allocated in the context of a publicly funded national health insurance plan. Authorizes appropriations for the Board, the Advisory Council, and the Priorities Council. Subtitle B: State Administration - Provides for Board review and approval of State programs. Includes in requirements for State programs: (1) financing of services through a designated fund; (2) designation of a single nonprofit State agency to administer the program; (3) establishment of boards to negotiate with hospitals and practitioners; and (4) freedom of individuals to choose providers. Allows States to contract with fiscal intermediaries, in a process of competitive bidding, to administer the State program. Provides for waivers for States to: (1) implement alternative and innovative provider reimbursement, cost sharing, and administration; and (2) provide services through a capitation method. Allows any group of States to establish a regional consortium in lieu of State programs. Provides for congressional disapproval of the consortium agreement. Mandates grants to and cooperative agreements with States for programs, research, and treatment relating to environmental health and health promotion and disease prevention. Mandates grants to States or regional consortia for the establishment and initial operation of the State or regional plan. Authorizes appropriations. Title IV: Financing - Subtitle A: Health Budgets - Requires the Board to establish an annual or biennial budget for Federal and State expenditures under this Act. Requires computation of national average per capita costs, adjustments for risk groups, and adjustments for specified factors in each State. Provides for determination by the Board of the Federal and State shares of expenditures, subject to congressional disapproval. Entitles each State with an approved State program to a Federal contribution of the Federal share plus that State's total projected expenditures for services under this Act. Prohibits a State, either by intention or as an unstated consequence of budget allocations, from restricting timely access to medically necessary and appropriate services under this Act or permitting queues to form that have the potential to be life threatening. Subtitle B: Payments to Providers - Provides for State payments to hospitals and other health care and long-term care institutions for the areas of operating, capital, and health training expenses. Sets forth principles for guiding State reimbursement negotiation boards in each such area. Requires the State practitioner reimbursement negotiation board to negotiate with the State organizations representing each of the practitioner disciplines to derive a relative value scale fee schedule fulfilling specified principles. Sets forth principles for negotiating reimbursement rates for nonphysician providers. Declares payment by a State program to be payment in full. Subtitle C: Revenues - Requires the Board to develop a mechanism for determining and collecting a premium from individuals and employers. Requires the Board, subject to congressional disapproval, to collect premiums from individuals and employers according to certain requirements, including that the premiums from: (1) individuals be income-based and progressive; and (2) employers be based on each employer's ability to pay. Amends the Internal Revenue Code to define "accident or health insurance," for purposes of provisions relating to exclusions from gross income, to mean an approved State program under this Act. Removes provisions relating to amounts paid to highly compensated individuals under a discriminatory self-insured medical expense reimbursement plan. Prohibits trade or business expense deductions for employer group health plan expenses unless the plan is an approved State plan under this Act. Removes provisions: (1) limiting deductions for health insurance costs of self-employed individuals to 25 percent of those costs; and (2) terminating, on a specified date, the allowance of any deductions for such costs for self-employed individuals. Modifies definitions under provisions allowing individual medical expense deductions, including defining "medical care" to mean premiums and cost-sharing under this Act. Terminates, after 1998, the child health insurance credit. Establishes in the Treasury the Federal Health Care Trust Fund. Appropriates to the Fund premiums under this Act and additional revenues received as a result of amendments made by this subtitle. Transfers to the Fund all remaining amounts in the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. Authorizes and appropriates: (1) amounts equal to appropriations under title XIX (Medicaid) of the Social Security Act and under provisions of Federal law relating to the Civilian Health and Medical Plan of the Uniformed Services (CHAMPUS) and relating to health insurance for Federal officials and employees; (2) additional sums as required to cover administrative expenses and grants; (3) payments to each State for the Federal share of expenditures under this Act; and (4) sums as determined by the Board to be necessary to cover contingencies. Declares that the receipts and disbursements of the Fund shall not be included in the totals of the U.S. budget and exempts them from any general budget limitation. Makes each State responsible for establishing a financing program for the implementation of the State program. Title V: Congressional Consideration - Sets forth rules, changeable as any other rule of the House of Representatives or the Senate, regarding congressional disapproval resolutions under this Act. Title VI: Private Options - Declares that this Act does not prohibit private insurance coverage supplementing the services covered under this Act. Allows private insurance coverage for services covered under this Act, subject to limitations, including: (1) prohibiting private coverage for the cost-sharing requirements for health care services and other non-long-term care services covered under this Act; (2) requiring issuers of private insurance to inform purchasers of any duplication in coverage; and (3) requiring the Comptroller General to review private insurance industry practices and make recommendations to the Congress regarding prevention of fraud and abuse in the sale of duplicative or supplemental private insurance. Declares that the purchase of any private insurance does not relieve the purchaser of the payment of premiums under this Act. Title VII: Expansion of Outcomes Research and Delivery of Services in Underserved Areas - Amends provisions of the Social Security Act relating to health care outcomes research to authorize appropriations. Authorizes appropriations to carry out provisions of the Public Health Service Act relating to the National Health Service Corps. Amends the Public Health Service Act to authorize grants to local communities for programs to finance the health-related education of residents of such communities, provided such residents agree to practice in a health-related field in that community for at least four years after graduation. Authorizes appropriations. Mandates grants to expand the availability of comprehensive primary health services in medically underserved areas. Allows community and migrant health centers in existence at enactment of this Act to use any increase in revenue resulting from the increase in the number of insured patients treated for the expansion of the amounts and types of services furnished, to serve additional patients or areas, or to promote the recruitment, training, or retention of personnel. Authorizes appropriations. Title VIII: Malpractice Reform - Requires the Board to make grants to States for the development and implementation of medical malpractice reforms meeting specified criteria. Authorizes appropriations. Title IX: Effective Dates; Terminations; Transition; Relation to ERISA - Repeals: (1) titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act; (2) provisions of the Internal Revenue Code relating to hospital insurance; (3) certain provisions of Federal law relating to the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); and (4) specified provisions of Federal law relating to health benefits for Federal officials and employees. Requires the Board to recommend to the Congress amendment or repeal of any other Federal program inconsistent with or duplicative of the principles of this Act. Supersedes, to the extent they are inconsistent with this Act, the provisions of the Employee Retirement Income Security Act.
Bill· HRH.R. 5833 (102nd)referred
United States · United States Congress · 12 August 1992
Rural Health Care Access Improvement Act of 1992 - Title I: Provisions Relating to Physicians' Services - Subtitle A: Incentives Under Medicare - Amends title XVIII (Medicare) of the Social Security Act to modify requirements regarding payments to new physicians and other new health care practitioners for services in a rural area. Prohibits failure to make Medicare payments based on the failure of an individual to complete a questionnaire concerning the existence of a primary plan. Declares that any such payment remains conditional. Regulates the use, by carriers used for the administration of Medicare benefits, of extrapolation. Prohibits fees (by carriers or the Secretary of Health and Human Services) for filing a claim concerning physicians' services, related errors or appeals, applications for unique identifiers, responding to inquiries respecting physicians' services, or providing information with respect to medical review of such services. Requires consideration, in applying standards and criteria for contracts with carriers, of evaluations submitted by medical societies representing physicians served by the carrier. Provides for appeals of carrier actions. Requires carriers to provide for review (of denial of payments for physicians' services) by a physician in the same medical specialty. Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to modify the circumstances in which payments may be made to a physician for services provided by a second physician. Amends the Social Security Act to exclude surgical procedures performed in a rural area from requirements of utilization and quality control review. Subtitle B: Increasing Number of Physicians Practicing in Rural Areas - Amends the Internal Revenue Code to allow a personal interest deduction for qualified medical education loan interest which accrues while the physician is providing primary care to residents of a medically underserved rural area. Amends the Higher Education Act of 1965 to declare that two-year time limits do not apply to a borrower serving an internship or residency program in preparation for primary care practice with regard to paying interest subsidies on certain educational loans, insuring certain student loans, and repaying the principal and interest on certain educational loans. Amends the Public Health Service Act to add the ratio of medically underserved individuals in a health professional shortage area to the aggregate population of all such areas to the list of exclusive factors to be considered in determining the greatest shortages in the assignment of National Health Service Corps members. Subtitle C: Reduction in Medical Malpractice Liability for Community Health Centers - Amends the Public Health Service Act to include entities receiving Federal funds under provisions relating to migrant health centers, community health centers, or health services for the homeless, or health services for residents of public housing, and officers, employees, or certain contractors of such entities who are licensed or certified health practitioners, in the coverage of provisions regulating civil actions for injury resulting from medical or related functions against commissioned officers or employees of the Public Health Service. Subrogates to the United States any insurance claim such an entity or person has. Terminates the inclusion after a specified date. Prohibits grants under provisions relating to migrant or community health centers, health services for the homeless, or health services for residents of public housing unless the applicant has: (1) implemented policies and procedures to assure against malpractice and the risk of lawsuits; (2) reviewed the professional credentials, claims history, and other information regarding its licensed health care practitioners; (3) no history of claims against it (or its officers, employees, or contractor) under such provisions relating to officers and employees of the Public Health Service, or has cooperated with the Attorney General in defending against such claims and has taken corrective action; and (4) has cooperated with the Attorney General in providing information relating to an estimate of expected claims. Empowers the Attorney General, if certain conditions are met, to determine that an individual physician or other practitioner not be deemed a Public Health Service employee for purposes of these provisions. Prohibits hospitals from denying admitting privileges to an otherwise qualified health care provider who is an officer, employee, or contractor of such an entity. Mandates an annual estimate of the amount of expected claims and withholding that amount from the appropriation for each involved grant program. Subtitle D: Expansion of Exceptions to Limitations on Physician Self-Referrals - Amends provisions of title XVIII (Medicare) of the Social Security Act prohibiting physician referrals to an entity with which the physician has a financial relationship to provide for exceptions relating to health maintenance organizations, managed care plans, shared facility services, and certain community services for which it is found that community individuals will be deprived of adequate health services without such an exception. Mandates a study of the changes in aggregate costs, under Medicare and other health plans, which will result from the amendments made by this subtitle. Title II: Provisions Relating to Hospitals - Amends Medicare provisions to require rural hospital prospective payment system amounts for capital-related costs of inpatient services to be based on reasonable costs or on the methodology used to determine the payment for other hospitals, as elected by the hospital. Amends the Omnibus Budget Reconciliation Act of 1989 to extend the termination date of provisions requiring referral centers. Removes Medicare provisions relating to exceptions and adjustments in certain payments for regional and national referral centers. Provides that the disproportionate share adjustment percentage be determined, in certain circumstances, as though such provisions had not been removed. Shields from certain antitrust laws specified actions of hospitals meeting described requirements, including being outside of a city or in a city with fewer than a specified number of inhabitants. Title III: Miscellaneous Provisions - Subtitle A: Administrative Simplification - Requires any public or private health benefit plan to: (1) issue health claims cards; (2) provide information to the assigned health claims clearinghouse on eligibility and benefits for an individual; and (3) accept the determinations of clean claims made by the clearinghouse. Requires each health service provider to submit claims only to the assigned clearinghouse and only consistent with standards under this Act. Imposes civil penalties. Establishes a sunset date for the penalties. Requires each hospital, as a Medicare participation agreement requirement, to report information in a uniform manner consistent with specified provisions of the Omnibus Budget Reconciliation Act of 1987. Requires: (1) designation of clearinghouse areas having about five million residents each; and (2) a separate contract in each area with a public or private organization to perform the clearinghouse functions. Allows a clearinghouse to impose user charges. Sets forth clearinghouse functions, including eligibility and benefit verification and claims processing. Provides for inter-clearinghouse verification and the use of electronic and other communication forms. Allows the clearinghouse contract to provide for claim payment by the clearinghouse, including regarding Medicare payments. Mandates standards for: (1) uniform health claims cards with certain information electronically encoded; and (2) the type and form of information required for claims acceptance and payment. Requires the Secretary of Health and Human Services to develop and make available to providers such computer software as will enable providers to make inquiries, receive responses, and submit claims electronically and, in the case of hospitals, to submit uniform reports. Amends the Internal Revenue Code to impose a tax on the failure of any group health plan to meet certain requirements of this title, specifying sunset dates for the tax. Sets the amount of the tax at 25 percent of the gross premiums received during the year from all group health plans issued by the person on whom the tax is imposed. Requires that Medicare and Medicaid identification cards be modified to meet the requirements of this Act. Subtitle B: Other Provisions - Amends the Public Health Service Act to require that demonstration projects involving telecommunications to improve trauma care in rural areas include specified elements. Authorizes the use of a specified amount from funds appropriated to carry out provisions relating to health personnel student assistance for grants to nursing schools for the establishment of clinics to provide primary care services in medically underserved rural areas or within a certain distance of Indian country and to provide for related clinical training development, faculty enhancement, and student scholarships. Amends Federal law relating to the independent collection of information by an agency to require: (1) a study of the burden of federally conducted or sponsored health care services information collection requests; and (2) setting a goal of reducing that burden by specified percentages.
Bill· HRH.R. 5877 (102nd)referred
United States · United States Congress · 12 August 1992
Filipino Veterans' Equity Act of 1992 - Amends the Immigration Act of 1990 to extend the naturalization application deadline for certain Filipino veterans of World War II. States that military service records authenticated by the Government of the Philippines shall be accepted to certify qualifying military service. Permits the naturalization examination and oath to be given in the Philippines. Grants special immigrant status for spouses and sons and daughters of such veterans.
Bill· HRH.R. 5894 (102nd)referred
United States · United States Congress · 12 August 1992
Diversity Immigration Amendments of 1992 - Amends the Immigration Act of 1990 with respect to the diversity transition immigration program to: (1) extend the program; (2) set aside a specified number of FY 1995 visas for visa-qualified aliens who are natives of an adversely affected country whose entry is blocked due to certain numerical and fiscal year limitations; (3) make it unlawful (with related civil monetary penalties) to make excessive charges or specified misrepresentations with regard to application and documentation assistance; and (4) treat natives of a country in the region of Oceania who are also nationals of an adversely affected country as natives of such adversely affected country.
Bill· HRH.R. 5780 (102nd)referred
United States · United States Congress · 5 August 1992
Port of Entry Inspections Improvement Act of 1992 - Amends the Immigration and Nationality Act to create grounds for exclusion of an alien who: (1) use or attempts to use a fraudulent document to enter the United States, or to board a common carrier for such purpose; or (2) uses a document to board a common carrier then fails to present such document to an immigration official upon arrival at a U.S. port of entry. Prohibits the granting of asylum to an alien who is found to be using fraudulent entry documents or who fails to present entry-related documents, unless a specially trained immigration officer determines such actions were pursuant to departure from a country in which: (1) the alien had a credible fear of persecution; or (2) there was a significant danger that the alien would be returned to a country in which he or she would have a credible fear of persecution. Provides for port of entry exclusion and deportation without administrative or judicial appeal (except by a limited petition of habeas corpus) for such admission document fraud. Increases penalties for certain alien smuggling offenses. Creates a separate offense and penalty for an alien smuggler who seriously injuries or jeopardizes the life of an alien.
Bill· HRH.R. 5733 (102nd)referred
United States · United States Congress · 31 July 1992
Criminal Alien Deportation and Exclusion Amendments of 1992 - Amends the Immigration and Nationality Act to provide for the expedited deportation (and subsequent exclusion) of convicted aliens.
Bill· SS. 3090 (102nd)referred
United States · United States Congress · 28 July 1992
Amends the Immigration Act of 1990 to expand the Commission on Legal Immigration Reform from nine to 13 members. Amends Federal Private law to deem as special immigrants temporarily visiting abroad permanent resident alien employees of Beirut University College.
Bill· SS. 3088 (102nd)referred
United States · United States Congress · 28 July 1992
Comprehensive Services for Youth Act of 1992 - Title I: School-Based or School-Linked Health and Social Services Center Grants - Authorizes the Secretary of Health and Human Services (HHS) (the Secretary), acting through the Administrator of the Health Resources and Services Administration (the Administrator), to award grants to eligible local community partnerships to coordinate and deliver comprehensive education, health, and social services to children or youth in school-based, school-linked, or community-based locations. Requires each such partnership to include: (1) a local health care provider with experience in delivering services to adolescents; (2) one or more local public schools; and (3) at least one community-based organization with a history of providing services to at-risk youth in the particular community. Requires broad-based community participation, through an expanded partnership or an advisory board, involving parents and youth to be served, teachers and other public shool and school board personnel, community-based organizations (particularly those serving minority youth), youth development and service organizations and interested business leaders. Requires targeting of the partnership's location and service to a community in which youth are exposed to a high risk environment. Describes high risk environment as having high rates of: (1) children in poverty or lacking access to health care; (2) dropouts and students retained in grade; (3) alcohol or drug abuse; (4) sexually transmitted diseases (including HIV); (5) teen pregnancy; (6) suicide; (7) community or gang violence; (8) youth unemployment; or (9) juvenile justice involvement. Requires partnership use of grant funds for coordination and delivery of specified core services at a school-based, school-linked, or community-based location or locations accessible to and used by at-risk children, youth, and their families. Sets forth such core services under the categories of: (1) comprehensive health, mental health, and social services; and (2) youth development and life planning services. Requires coordination among core services. Allows use of grant funds for coordination or co-location of core services with additional services identified in the comprehensive plan to enhance support available through the partnership service delivery network. Gives priority to grant applicants whose comprehensive services plan demonstrates: (1) continuity of access to core services on a year-round basis or beyond traditional school or service hours, either on site or through a backup referral system of community-based providers; and (2) the offer of services beyond the in-school population, including core services to out-of-school youth, to the extent practicable. Provides for an initial three-year grant period, and authorizes two-year extensions upon demonstration of substantial progress in integration of comprehensive services and improvement in health and education outcomes of the populations served. Sets forth application and plan requirements. Requires equitable geographic distribution of grants to both urban and rural communities. Sets minimum and maximum grant amounts. Sets forth provisions for Federal share, non-Federal share, and waivers of the latter. Requires grantees to use ten percent of such assistance to provide staff training (including teachers and school personnel) and to secure necessary technical assistance (through local community-based entities, to the maximum extent feasible). Authorizes the Secretary, acting through the Administrator, to award one-year nonrenewable planning grants to eligible entities that agree to establish a local community partnership to deliver comprehensive services. Sets forth application requirements. Requires use of such planning grants for: (1) assessments of needs and barriers to services; (2) for delivery planning and coordination of services; and (3) development of program goals and progress measurements. Limits to ten percent the portion of grant program funds which may be used for such planning grants. Limits the maximum amount of each planning grant. Title II: State and Local Coordinated Youth Services Grants - Subtitle A: Local Consortia Grants - Authorizes the Secretary, acting through the Administrator, to award grants to eligible consortia to coordinate and deliver comprehensive core education, health, and social services to at-risk youth through an integrated service delivery network directed by a consortium. Requires such consortia membership to include representatives from the local health department, local educational agency, health and social services providers and community-based organizations with a history of serving at-risk youth (including minority youth, dropouts, adolescent parents, and runaway or homeless youth), youth development organizations, juvenile justice personnel, and parents and the at-risk youth to be served. Requires specified financial or organizational commitments by consortium members. Subtitle B: Statewide Youth Services Center Grants - Authorizes the Secretary, acting through the Administrator, to award grants to eligible States to provide for coordination and delivery of comprehensive education, health, and social services to at-risk youth through the award of State grants to local community partnerships or corsortia. Requires States, to be eligible for such grants, to: (1) provide assurances of cooperative agreements among State education, health, and social services agencies concerning planned delivery of such comprehensive youth services; (2) demonstrate financial and organizational commitments; (3) currently support coordinated delivery of such services through a system of school-based, school-linked, or community-based comprehensive youth services centers; (4) document that services are prioritized among communities that have a high-risk environment for youth, as indicated by specified factors; and (5) meet certain application requirements. Subtitle C: Provisions Relating to Both Local and Statewide Grant Programs - Sets forth requirements for applications and use of grant funds for a consortium or State entity awarded a grant under subtitle A or B. Requires coordination and delivery of specified core services through a system of school-based, school-linked, or community-based youth centers to serve in-school and out-of-school youth and their families. Sets forth such core services under the categories of: (1) comprehensive health, mental health, and social services; and (2) youth development and life planning services. Requires coordination and co-location of delivery of existing core services into a broader system of health and social services centers accessible to in-school or out-of-school youth to use available resources more effectively before adding new resources or developing new services. Requires provision of outreach services to out-of-school youth (including adolescent parents and runaway and homeless youth), and coordination of core services with alternative education and job training and placement opportunities for such youth. Allows use of grant funds for: (1) coordination and co-location of core services with additional services to enhance the support available to at-risk youth and their families through the service delivery network; and (2) expansion of coordination and delivery of core services to the feeder elementary schools whose students will attend secondary schools currently providing core services. Sets forth grant application, plan formulation and content requirements. Provides for an initial three-year grant period, and authorizes two-year extensions upon demonstration of substantial progress in integration of comprehensive services and improvement in health and education outcomes of the youth served. Provides for an integration incentive. Authorizes the Secretary, in making a grant under this title, to make bonus amounts available as integration incentives. Specifies formulas for such bonuses. Authorizes the Secretary, acting through the Administrator, to award one-year nonrenewable planning grants to consortia or States. Sets forth application requirements. Requires the use of such funds to: (1) establish an administrative mechanism to develop and implement a citywide, countywide, or statewide system of school-based, school-linked, or community-based comprehensive youth services centers; (2) assess needs and barriers to services; (3) develop program goals and progress measurements; and (4) develop a strategic plan for coordination and delivery of comprehensive services to youth at school-based, school-linked, or community-based locations. Limits to ten percent the portion of grant program funds which may be used for such planning grants. Limits the maximum amount of each planning grant. Title III: Implementation Provisions - Makes ineligible for title I funds any community that: (1) is currently receiving State funds to deliver co-located education, health, and social services; or (2) will receive funding from a State funded under subtitle B of title II. Allows such a currently funded community partnership to form a consortium to seek funding for an expanded citywide or countywide youth services network under subtitle A of title II. Requires a local consortium operating in a locality receiving State funding for delivery of such co-located services to include participation from the entities receiving such State funding. Makes eligible for continued funding, at the completion of its five-year grant period under title I, a partnership that has expanded into a citywide or countywide consortium (as described under subtitle A of title II) or has become part of a statewide network (as described under subtitle B of title II). Directs the Secretary to consult with the Secretary of Education in developing program regulations to implement this Act. Directs the Secretary to disseminate information on programs under this Act and on successful and model programs and to provide technical assistance. Requires such information and assistance to be provided directly through the Health Resources and Services Administration as the administering agency and other Department of HHS agencies with appropriate expertise, or through grants and contracts with nonprofit organizations. Requires the Secretary to collaborate with the Departments of Education and Labor and the Commission on National and Community Service, in such information and technical assistance efforts. Sets forth annual reporting requirements for entities receiving funds under this Act, including analyses of progress at the end of the third year. Sets forth maintenance-of-effort requirements. Authorizes appropriations for titles I and II and for special projects of national significance under title IV. Title IV: Federal Coordinated Youth Services Initiatives - Directs the Secretary, acting through the Administrator, to establish and administer a special projects of national significance program to award direct grants to public and nonprofit private entities to fund model programs to integrate health and social services, including HIV prevention, provided to special populations of youth at risk. Bases grant awards on: (1) need to provide such services to such subpopulations; (2) need to assess effectiveness of a prevention or service model or collaboration strategy; and (3) potential replicability of proposed activities in other localities. Allows such special projects to include projects targeting youth who are: (1) runaway, homeless, or street youth; (2) immigrants or migrants; (3) in the juvenile justice system; (4) in foster care; (5) in gangs; (6) with a history of substance abuse; (7) with HIV disease; (8) adolescent parents; and (9) Native American. Amends the Augustus F. Hawkins Human Resources Reauthorization Act of 1990 to direct the Federal Council on Children, Youth, and Families to: (1) identify (and make recommendations to modify or eliminate) program regulations or practices that impede coordination and collaboration; (2) develop recommendations for creating jointly funded programs, unified assessments, eligibility, application procedures, and confidentiality regulations that facilitate information-sharing; and (3) make recommendations to the Congress on legislative action needed to facilitate coordination of educational, health, and social services for in-school and out-of-school youth. Directs the Secretary to submit to the Congress: (1) biannual reports, with summaries of annual grantee reports and progress assessments; and (2) a final evaluation report within four and a half years. Directs the Secretary to use the amount made available under specified provisions of the Public Health Service Act to conduct such evaluation.
Bill· HRH.R. 5693 (102nd)open
United States · United States Congress · 24 July 1992
Amends the Immigration and Nationality Act to permit an alien spouse to file a petition for immediate relative or second preference family status. Permits the use of credible evidence whether or not supported by a licensed mental health professional in a spousal hardship waiver application (for removal of conditional permanent resident status).
Bill· SS. 3026 (102nd)open
United States · United States Congress · 23 July 1992
Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 - Title I: Department of Justice and Related Agencies - Department of Justice and Related Agencies Appropriations Act, 1993 - Makes FY 1993 appropriations to the Department of Justice for: (1) Office of Justice programs; (2) general administration, including the Office of Inspector General, and the Quantico Training Center, the Executive Office for Weed and Seed; (3) the United States Parole Commission; (4) legal activities; (5) radiation exposure compensation; (6) interagency law enforcement; (7) the Federal Bureau of Investigation (FBI); (8) the Drug Enforcement Administration (DEA); (9) the Immigration and Naturalization Service; and (10) the Federal Prison System. Authorizes the Federal Prison Industries, Incorporated, to make expenditures within the limits of funds and borrowing authority available to carry out its program. Limits the administrative expenses of such corporation. Continues certain authorities for FBI and DEA undercover investigative operations. Prohibits the use of funds to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term or in the case of rape. Prohibits the use of funds to require any person to perform, or facilitate the performance of, any abortion. Prohibits the payment of a fact-witness fee to a person who is incarcerated. Requires the Attorney General to report to the Congress on a study of the effect of amending the Financial Right to Privacy Act to allow nondepository licensed transmitters of duns to be reimbursed to the same extent as financial institutions under that Act. Provides for the transfer of funds among Department of Justice appropriations. Requires the Attorney General to collect fees (up to the cost of one year of incarceration) to cover the cost of confinement from persons committed to his custody upon conviction in the U.S. District Courts. Amends the Immigration and Nationality Act of 1952 to establish a separate account to be known as the Breached Bond/Detention Fund to refund expenses incurred in the collection of breached bonds and for expenses associated with the detention of illegal aliens. Provides funding for such account. Provides for the processing of application for naturalization, including the necessary interviews, and oaths of allegiance to be conducted in the Philippines by employees of the Immigration and Naturalization Service. Makes appropriations for the following related agencies for FY 1993: (1) the Commission on Civil Rights; (2) the Equal Employment Opportunity Commission; (3) the Federal Communications Commission; (4) the Federal Maritime Commission; (5) the Federal Trade Commission; (6) the Securities and Exchange Commission; and (7) the State Justice Institute. Title II: Department of Commerce - Department of Commerce Appropriations Act, 1993 - Makes FY 1993 appropriations to the Department of Commerce for: (1) the National Institute of Standards and Technology; (2) the National Oceanic and Atmospheric Administration; (3) general administration, including the Office of Inspector General; (4) the Bureau of the Census; (5) economic and statistical analysis; (6) the International Trade Administration; (7) export administration; (8) the Minority Business Development Agency; (9) the United States Travel and Tourism Administration; (10) the Patent and Trademark Office; (11) the Technology Administration; (12) the establishment of a National Technical Information Service Revolving Fund; (13) the National Telecommunications and Information Administration; and (14) the Economic Development Administration. Prohibits the use of funds under this Act to support the hurricane reconnaissance aircraft and activities that are under the control of the United States Air Force or the United States Air Force Reserve. Prohibits the use of funds to reimburse the Unemployment Trust Fund or any other account of the Treasury to pay unemployment compensation for temporary census workers for services performed after April 20, 1990. Provides for the transfer of funds among Department of Commerce appropriations. Authorizes the Under Secretary of Oceans and Atmosphere to construct a building on land to be leased from the University of Southwestern Louisiana. Title III: The Judiciary - Judiciary Appropriations Act, 1993 - Appropriates FY 1993 funds for activities of the Judiciary, including: (1) the Supreme Court; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the Court of Appeals, district courts, and judicial services; (5) the Administrative Office of the United States Courts; (6) the Federal Judicial Center; (7) the National Commission on Judicial Discipline and Removal; and (8) the U.S. Sentencing Commission. Makes funds available for the Temporary Emergency Court of Appeals and the Special Court established under the Regional Rail Reorganization Act of 1973. Provides for the transfer of funds among Judiciary appropriations. Limits the amount available to the district courts, courts of appeals, and other judicial services for official reception and representation expenses. Title IV: Related Agencies - Appropriates FY 1993 funds for: (1) the Maritime Administration of the Department of Transportation; (2) the Christopher Columbus Quincentenary Jubilee Commission; (3) the Commission on Agricultural Workers; (4) the Commission on Security and Cooperation in Europe; (5) the Competitiveness Policy Council; (6) the Marine Mammal Commission; (7) the Martin Luther King, Jr. Federal Holiday Commission; (8) the Office of the United States Trade Representative; (9) the Legal Services Corporation; and (10) the Small Business Administration. Title V: Department of State and Related Agencies - Department of State and Related Agencies Appropriations Act, 1993 - Appropriates FY 1993 funds for: (1) the Department of State for the administration of foreign affairs; (2) the Arms Control and Disarmament Agency; (3) the Board for International Broadcasting; (4) the Commission for the Preservation of America's Heritage Abroad; (5) the International Trade Commission; (6) the Japan-United States Friendship Commission; (7) the United States Information Agency (USIA); (8) the Eisenhower Exchange Fellowship Program; and (9) the Israeli Arab Scholarship Program. Provides for the transfer of funds among Department of State appropriations. Prohibits the use of funds for contracts with any foreign or U.S. firm that complies with the Arab League Boycott of the State of Israel or with any foreign or U.S. firm that discriminates in the award of subcontracts on the basis of religion. Amends the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 to repeal provisions regarding U.S.-Soviet reciprocity concerning occupancy of the new Soviet chancery building in the District of Columbia. Title VI: General Provisions - Sets forth limitations and prohibitions on the use of funds appropriated by this Act. Requires FY 1993 pay raises to be absorbed within the levels appropriated in this Act. Applies the bribery statute to the United States Trade Representative for the five years after termination of such service. Prohibits the use of funds by the Department of State and related agencies to carry out administrative service provisions under the State Department Basic Authorities Act of 1956. Establishes a pilot immigration program involving a regional center in the United States for the promotion of economic growth. Provides for the distribution of grant funds made available to the Legal Service Corporation. Prohibits the Federal Communications Commission from developing, issuing, implementing, or enforcing a rule or order affecting the use of certain frequencies by qualified private fixed microwave entities in a certain proceeding, unless the Commission meets specified requirements. Requires the Secretary of Commerce to report to specified congressional committees on the feasibility of allowing frequencies reserved for use by the Federal Government to be used by emerging telecommunications technology entities, or by any qualified private fixed microwave entity now operating on certain frequencies.
Law· HRH.R. 5678 (102nd)enacted
United States · United States Congress · 23 July 1992
Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 - Title I: Department of Justice and Related Agencies - Department of Justice and Related Agencies Appropriations Act, 1993 - Makes FY 1993 appropriations to the Department of Justice for: (1) Office of Justice programs; (2) general administration, including the Office of Inspector General and the Quantico Training Center; (3) the United States Parole Commission; (4) legal activities; (5) radiation exposure compensation; (6) interagency law enforcement; (7) the Federal Bureau of Investigation (FBI); (8) the Drug Enforcement Administration (DEA); (9) the Immigration and Naturalization Service; and (10) the Federal Prison System. Authorizes the Federal Prison Industries, Incorporated, to make expenditures within the limits of funds and borrowing authority available to carry out its program. Limits the administrative expenses of such corporation. Continues certain authorities for FBI and DEA undercover investigative operations. Prohibits the use of funds to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term or in the case of rape. Prohibits the use of funds to require any person to perform, or facilitate the performance of, any abortion. Prohibits the payment of a fact-witness fee to a person who is incarcerated. Directs the Attorney General to promote neighborhood revitalization by developing a plan for the use of Federal funds appropriated for selected activities in the Departments of Labor, Education, Health and Human Services, Transportation, Agriculture, and Housing and Urban Development. Requires the Attorney General to solicit from State and local governments plans to revitalize neighborhoods using programs administered by such agencies. Provides for the transfer of funds among Department of Justice appropriations. Makes appropriations for the following related agencies for FY 1993: (1) the Commission on Civil Rights; (2) the Equal Employment Opportunity Commission; (3) the Federal Communications Commission; (4) the Federal Maritime Commission; (5) the Federal Trade Commission; (6) the Securities and Exchange Commission; and (7) the State Justice Institute. Title II: Department of Commerce - Department of Commerce Appropriations Act, 1993 - Makes FY 1993 appropriations to the Department of Commerce for: (1) the National Institute of Standards and Technology; (2) the National Oceanic and Atmospheric Administration; (3) general administration, including the Office of Inspector General; (4) the Bureau of the Census; (5) economic and statistical analysis; (6) the International Trade Administration; (7) export administration; (8) the Minority Business Development Agency; (9) the United States Travel and Tourism Administration; (10) the Patent and Trademark Office; (11) the Technology Administration; (12) the establishment of a National Technical Information Service Revolving Fund; (13) the National Telecommunications and Information Administration; and (14) the Economic Development Administration. Prohibits the use of funds under this Act to support the hurricane reconnaissance aircraft and activities that are under the control of the United States Air Force or the United States Air Force Reserve. Prohibits the use of funds to reimburse the Unemployment Trust Fund or any other account of the Treasury to pay unemployment compensation for temporary census workers for services performed after April 20, 1990. Provides for the transfer of funds among Department of Commerce appropriations. Title III: The Judiciary - Judiciary Appropriations Act, 1993 - Appropriates FY 1993 funds for activities of the Judiciary, including: (1) the Supreme Court; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the Court of Appeals, district courts, and judicial services; (5) the Administrative Office of the United States Courts; (6) the Federal Judicial Center; (7) the National Commission on Judicial Discipline and Removal; and (8) the U.S. Sentencing Commission. Makes funds available for the Temporary Emergency Court of Appeals and the Special Court established under the Regional Rail Reorganization Act of 1973. Provides for the transfer of funds among Judiciary appropriations. Title IV: Related Agencies - Appropriates FY 1993 funds for: (1) the Maritime Administration of the Department of Transportation; (2) the Christopher Columbus Quincentenary Jubilee Commission; (3) the Commission on Agricultural Workers; (4) the Commission on Security and Cooperation in Europe; (5) the Competitiveness Policy Council; (6) the Marine Mammal Commission; (7) the Martin Luther King, Jr. Federal Holiday Commission; (8) the Office of the United States Trade Representative; (9) the Legal Services Corporation; and (10) the Small Business Administration. Title V: Department of State and Related Agencies - Department of State and Related Agencies Appropriations Act, 1993 - Appropriates FY 1993 funds for: (1) the Department of State for the administration of foreign affairs; (2) the Arms Control and Disarmament Agency; (3) the Board for International Broadcasting; (4) the Commission for the Preservation of America's Heritage Abroad; (5) the International Trade Commission; (6) the Japan-United States Friendship Commission; (7) the United States Information Agency; (8) the Eisenhower Exchange Fellowship Program; and (9) the Israeli Arab Scholarship Program. Provides for the transfer of funds among Department of State appropriations. Title VI: General Provisions - Sets forth limitations and prohibitions on the use of funds appropriated by this Act. Requires FY 1993 pay raises to be absorbed within the levels appropriated in this Act.
Bill· SS. 3008 (102nd)open
United States · United States Congress · 22 July 1992
Older Americans Act Amendments of 1992 - Title I: Objectives and Definitions - Amends the Older Americans Act of 1965 (OAA) to make as an OAA objective the provision of support to family members and other persons providing voluntary care to older individuals needing long-term care services. Adds the definitions of various terms to OAA, including "elder abuse, neglect, and exploitation." Title II: Administration - Adds to the prohibition against delegation of Commissioner on Aging functions to any other officer not directly responsible to the Commissioner those functions of the Commissioner carried out through regional offices. Adds the following as new functions of the Associate Commissioner on American Indian, Alaskan Native, and Native Hawaiian Aging: (1) promoting coordination between programs established under OAA titles III (Grants for State and Community Programs on Aging) and VI (Grants for Native Americans); (2) acting as an advocate for Native Americans with the Indian Health Service; and (3) collecting and disseminating information regarding elder abuse, in-home care, health programs, and other problems unique to Native Americans. Establishes the Office of Long-Term Care Ombudsman Programs in the Administration on Aging (AOA), to be headed by an Associate Commissioner for Ombudsman Programs who shall serve as an advocate on behalf of long-term care facility residents within HHS and with other Federal departments and agencies. Directs the AOA Commissioner to: (1) establish and operate the National Ombudsman Resource Center to provide training, technical assistance, and information to State Long-Term Care Ombudsmen, analyze laws, regulations, programs, and practices, and provide assistance regarding recruitment and retention of volunteer ombudsmen; (2) issue regulations, and conduct strict monitoring of State compliance with requirements in effect, to prohibit conflicts of interest; (3) encourage, and provide technical assistance to, States and area agencies on aging (State and area agencies) to carry out outreach with respect to assistance under the SSI and Medicaid programs (titles XVI and XIX respectively of the Social Security Act (SSA)) and food stamp program; (5) establish information and assistance services as priority services; (6) develop guidelines for area agencies to follow in choosing and evaluating legal assistance providers and developers; (7) develop a model job description for legal assistance developers; (8) study ways in which Federal funds might be more effectively targeted to older low-income minorities and older rural residents to better meet the needs of States with a disproportionate number of older individuals in greatest need, as well as States with disproportionate numbers of older individuals generally; and (9) take other specified actions, including those with respect to establishing the National Center on Elder Abuse and the National Aging Information Center. Outlines funding requirements for the National Ombudsman Resource Center and the National Center on Elder Abuse. Requires the AOA Commissioner to coordinate, advise, consult and cooperate with the Secretary of Labor in carrying out the Community Service Employment Program for Older Americans and with ACTION in carrying out OAA. Requires the Labor Secretary to consult and cooperate with the AOA Commissioner in carrying out the Job Training Partnership Act. Requires the head of each Federal entity administering programs and services substantially related to OAA objectives to collaborate with the AOA Commissioner and develop an analysis of the impact of such programs and services on older individuals (with particular attention on older low-income minority individuals), and on the functions and responsibilities of State and area agencies. Includes as programs related to the purposes of OAA the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs under the Omnibus Crime Control and Safe Streets Act of 1968. Requires the AOA Commissioner to consult and coordinate with State agencies, area agencies on aging, and Native American grant recipients in the development of Federal goals, regulations, program instructions, and policies under OAA. Establishes class memberships for individuals newly appointed to serve on the Federal Council on the Aging. Makes it a duty of the Council to advise the AOA Commissioner directly on matters affecting the special needs of older individuals for services and assistance under OAA. Authorizes appropriations. Makes mandatory currently discretionary interim Council reports to the President. Provides for a nutrition officer with responsibility over nutrition services provided under OAA title III. Revises program evaluation provisions. Requires that the annual report on the long-term care ombudsman program be compiled by March 1 of each year, rather than by January 15 as is currently required. Authorizes the AOA Commissioner and the Secretary of Agriculture to provide technical assistance and appropriate material to agencies carrying out nutrition education programs. Authorizes appropriations for OAA program administrative expenses and AOA salaries and expenses. Requires the AOA Commissioner to study and report to specified congressional committees on the effectiveness of State long-term care ombudsman programs. Requires the Secretary of Health and Human Services (HHS) to arrange to establish study committees working through the Institute of Medicine of the National Academy of Sciences to study and report to the Congress on: (1) the quality of board and care facilities for older individuals; and (2) the quality of home care services to them. Authorizes appropriations. Title III: State and Community Programs on Aging - Amends OAA title III to add: (1) to the list of purposes for such title the securing of the opportunity for older individuals to receive managed in-home and community-based long-term care services; and (2) to the list of entities that are to cooperate with State and area agencies other State agencies, including those that administer home and community programs, and organizations representing or employing older individuals or their families. Modifies the definition of "comprehensive and coordinated system." Authorizes appropriations. Revises allotment provisions. Sets a minimum annual allotment of $50,000 per State for supportive activities for caretakers. Mandates withholding of allotments for those States which have not had their intrastate funding formula approved. Adds provisions with respect to outreach demonstration projects and volunteer services coordinators. Makes the designated State agency primarily responsible for the planning, policy development, administration, coordination, priority setting, and evaluation of all State activities related to OAA objectives. Requires that the intrastate funding formula be developed in consultation with area agencies and take into account older individuals distributed both throughout the State and, with respect to older individuals in greatest need, among agency planning and services areas, with particular attention to older low-income minority individuals. Requires submission of such formula to the AOA Commissioner, who shall approve it, rather than review and comment upon it as currently required, once it is found to fulfill OAA requirements. Requires the designated State agency to provide assurances that it will require the use of outreach efforts to identify individuals eligible for OAA assistance and inform them of the availability of such assistance. Requires the designated State agency to: (1) set specific goals for each planning and service area for providing services to older low-income minority individuals; (2) provide assurance that it will undertake specific program development, advocacy, and outreach efforts focused on the needs of such minority individuals; and (3) provide a description of its efforts in this regard. Declares that whenever a State agency initiates an action or proceeding to revoke the designation of an area agency, designate an additional planning and service area, divide the State into different such areas, or otherwise affect planning and service area boundaries, it must establish and follow procedures to provide due process to affected parties. Revises area and State plan provisions. Revises provisions concerning the transfer of funds between: (1) supportive and nutrition services programs; and (2) congregate and home delivered nutrition services programs. Allows the AOA Commissioner to reimburse States for supplies in the event of a major disaster declared by the President in accordance with the Disaster Relief and Emergency Assistance Act. Requires the AOA Commissioner to advance at least 75 percent of the disaster relief reimbursement to the State within five days of the President's disaster declaration. Directs the Secretary of Agriculture to maintain, for FY 1992, a level of assistance equal to the greater of: (1) a per meal reimbursement rate equal to the amount appropriated, divided by the number of meals served in the preceding fiscal year; or (2) 61 cents per meal. Provides for Consumer Price Index adjustment of the 61 cents per meal for FY 1993 and subsequent fiscal years. Provides that in each fiscal year the final reimbursement claims shall be adjusted to use the full amount appropriated for that fiscal year. Authorizes appropriations for the surplus commodities distribution program. Directs the AOA Commissioner to require entities that provide in-home services to promote specified rights of the older individual who receives such services. Adds certain new supportive services to the list of those currently authorized under OAA title III. Allows congregate and home delivered nutrition projects to operate in rural areas at a frequency that is less than the frequency currently required. Repeals certain dietary requirements for such projects. Requires the AOA Commissioner to consult with representatives from the Dietary Managers Association in developing criteria for furnishing meals under home delivered nutrition projects. Adds two new subparts entitled "School-Based Meals for Volunteer Older Individuals and Multigenerational Programs" and "General Provisions" to part C (Nutrition Services) of OAA title III under which: (1) a new program will provide meals to older individuals who do volunteer work in public schools; and (2) current nutrition projects will provide meals that comply with certain dietary guidelines and allowances. Authorizes the addition of other in-home services (as defined under area and State plans) to the list of in-home services currently authorized under OAA title III. Gives OAA title III part F (Preventive Health Services) the new name "Disease Prevention and Health Promotion Services" and adds additional services which may be provided under it. States that the services provided under such part shall not include those for which payment may be made under SSA title XVIII (Medicare). Modifies and shifts to a new OAA title VII (Allotments for Vulnerable Elder Rights Protection Activities) the OAA title III part G program for the prevention of abuse, neglect, and exploitation of older individuals. Repeals the old part G program. Adds a new part G program entitled "Supportive Activities for Caretakers Who Provide In-Home Services to Frail Older Individuals" under which the AOA Commissioner shall carry out a State grant program to provide supportive activities for caretakers who provide in-home services to frail older individuals. Lists those activities which constitute supportive activities. Includes the maintenance of lists of individuals who provide respite services as a supportive activity. Title IV: Training, Research, and Discretionary Projects and Programs - Amends OAA title IV (Training, Research, and Discretionary Projects and Programs) to require the AOA Commissioner to: (1) consult annually with State and area agencies, Native American grant recipients, and other entities and individuals in developing priorities for grants and contracts; and (2) ensure that grants and contracts are evaluated for their benefit to older individuals and OAA programs and comply with OAA requirements. Makes such education and training projects emphasize attracting minority personnel to the field of aging in order to help meet critical shortages of adequately training personnel for programs in that field. Makes it a purpose of grants and contracts to provide education and training for practitioners in the field of gerontology. Makes in-service training emphasize using culturally sensitive practices to respond to the needs of older individuals. Provides for training of service providers with respect to aging and the problems of older individuals. Adds schools of social work and psychology to the list of schools which multidisciplinary centers of gerontology are required to help develop training programs in the field of aging. Revises provisions with respect to demonstration projects and special projects in comprehensive long-term care. Allows legal assistance agencies to participate in ombudsman and advocacy demonstration projects for developmental disabilities and mental illness. Authorizes demonstration projects to provide: (1) older individuals with multigeneration activities; and (2) supportive services to older individuals who are residents in federally assisted housing projects. Authorizes the AOA Commissioner to award grants to eligible communities (with a preference for applicants experienced in operating community programs and programs meeting the independent living needs of older individuals) to establish neighborhood senior care programs, in order to encourage professionals to provide volunteer services to local residents who are older individuals and who might otherwise have to be admitted to nursing homes and hospitals. Requires the AOA Commissioner, to the extent appropriations are available, to contract for the establishment of a technical resource center that will: (1) assist the Commissioner in developing criteria for, and in awarding grants to communities to establish, neighborhood senior care programs; (2) assist communities interested in establishing such a program; (3) provide ongoing analysis of such programs and provide program data to the AOA Commissioner; (4) serve as a liaison to State agencies; and (5) take any further actions as required. Authorizes the AOA Commissioner to make grants to selected agencies and organizations to support improvement of information and assistance services, and systems of services, operated at State and local levels. Requires the AOA Commissioner to: (1) establish and carry out senior transportation demonstration programs for the purpose of improving the mobility of, and transportation services for, older individuals; and (2) make grants to or enter into contracts with eligible entities to establish and operate Resource Centers on Native American Elders. Requires such Centers to: (1) gather information and perform research on priority areas of concern regarding older Native Americans; (2) provide for dissemination of research results; and (3) provide technical assistance and training to entities that provide services to older Native Americans. Requires the AOA Commissioner to make grants for: (1) services for older individuals with developmental disabilities and for older individuals with caretaker responsibilities for developmentally disabled children; (2) housing ombudsman programs; and (3) foreclosure and eviction assistance and relief services. Authorizes demonstration projects that generate non-Federal resources in order to increase resources available to provide additional services under OAA title III. Requires the AOA Commissioner to make grants to institutions of higher education, historically black colleges or universities, Hispanic Centers of Excellence in Applied Gerontology, and other educational institutions that serve the needs of minority students, to provide education and training to prepare students for careers in the field of aging. Requires the AOA Commissioner to establish and carry out pension rights demonstration projects. Authorizes appropriations. Revises provisions respecting demonstration project grant payments and AOA Commissioner responsibilities. Title V: Community Service Employment for Older Americans - Amends the Older American Community Service Employment Act (OAA title IX) to make miscellaneous and technical amendments with respect to employment projects. Authorizes appropriations. Provides that assistance under such Act shall not be construed to be financial assistance for purposes related to the Immigration and Nationality Act. Title VI: Grants For Native Americans - Amends OAA title X (Grants for Native Americans) to require applicants for grants under parts A (Indian Program) and B (Native Hawaiian Program) to assure that they will coordinate services under OAA titles III and X in same geographical area. Provides for the distribution of OAA title X grant funds among: (1) tribal organizations; and (2) organizations serving Native Hawaiians. Authorizes appropriations. Title VII: Vulnerable Elder Rights Protection Activities - Adds to OAA the new title VII (Allotments for Vulnerable Elder Rights Protection Activities) referenced above in title III of this Act. Establishes ombudsman programs, programs for prevention of elder abuse, neglect, and exploitation, a State elder rights and legal assistance development program, and an outreach, counseling, and assistance program. Authorizes appropriations. Directs the AOA Commissioner to make allotments to States to pay for the cost of carrying out vulnerable elder rights protection activities. Directs the AOA Commissioner to make grants for vulnerable elder rights protection activities with respect to Native Americans. Authorizes appropriations. Title VIII: Amendments to Other Laws; Related Matters - Requires the Director of the National Center for Health Statistics of the Centers for Disease Control to collect and report on certain demographic information on home health care aides and nursing home nurse aids, as well as information on the role of such aides in providing institution-based and home-based long-term care. Requires the Labor Secretary to: (1) collect, and prepare a report containing, certain information on home health care aides, including information on conditions of employment and employment benefits with respect to such aides; and (2) collect and prepare a report containing similar information with respect to nursing home nurse aides. Requires the Director's and Secretary's reports to be transmitted to the AOA Commissioner. Requires the AOA Commissioner to review such reports, then submit them to appropriate congressional committees along with comments and findings. Requires the Labor Secretary to include a separate occupation code for each such aide in Labor wage surveys conducted after enactment of this Act. Amends the National School Lunch Act to revise the definition of "adult day care center" to include entities licensed to provide adult day care services to individuals in a group living arrangement. Native American Programs Act Amendments of 1992 - Amends the Native American Programs Act of 1974 (NAPA) to transfer from the HHS Secretary to the Commissioner of the Administration to Native Americans (established by this Act) authority for financial assistance to Native American projects. Makes private agencies serving Alaska Native organizations in urban or rural areas not associated with an Alaska Native village eligible for financial assistance. Makes the Office of Hawaiian Affairs of Hawaii (Office) the sole recipient of grants from the Commissioner referenced below for a currently authorized revolving loan fund for economic development in Hawaii. Repeals the termination date for such loan fund (thus making it permanent). Requires the Office to provide matching non-Federal contributions to the fund for each grant. Authorizes appropriations. Repeals provisions that require unneeded monies in the fund to be deposited as miscellaneous receipts in the Treasury. Revises associated congressional reporting requirements. Establishes in HHS the Administration for Native Americans (Administration), which shall be headed by a Commissioner (Commissioner), and in the Office of the Secretary (Secretary) the Intra-Departmental Council on Native American Affairs (Council). Makes the Administration responsible for carrying out programs under NAPA. Makes the Commissioner the chairperson of the Council. Requires the Commissioner to advise the HHS Secretary on all matters affecting Native Americans that involve HHS. Requires the Council to: (1) prepare a plan to allow tribal governments and other eligible Native American organizations to consolidate HHS grants; and (2) designate a single office to oversee and audit such grants. Revises technical assistance and training provisions. Modifies appeal and evaluation provisions. Adds congressional reporting requirements regarding social and economic conditions of Native Amerians. Extends employment preference to individuals who are eligible for NAPA assistance. Revises administrative provisions. Authorizes appropriations for: (1) demonstration projects to conduct research related to Native American studies and Indian policy development; (2) continued development of a detailed plan for a National Center for Native American Studies and Indian Policy Development; and (2) specified provisions of NAPA. Amends the Older Americans Act Amendments of 1987 to require the President to convene a White House Conference on Aging before January 1, 1995. Authorizes appropriations. Expresses the sense of the Congress that such Conference should consider the impact of the social security earnings test on older individuals who are employed. Title IX: General Provisions - Provides that any authority to enter into contracts under this Act shall be effective only to the extent or in such amounts as are provided in advance in appropriations Acts. Requires the HHS Secretary to issue proposed regulations to carry out the amendments made by titles I through VII of this Act. Expresses the sense of the Congress that a recipient of Federal financial assistance awarded under this Act for equipment or product purchases should use such assistance to purchase American-made equipment or products. Sets forth effective dates of provisions of this Act.
Law· HRH.R. 5620 (102nd)enacted
United States · United States Congress · 21 July 1992
Supplemental Appropriations, Transfers, and Rescissions Act, 1992 - Makes supplemental appropriations for FY 1992. Title I: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies - Makes additional appropriations available to: (1) the Department of Commerce for the International Trade Administration and the Foreign Fishing Observer Fund of the National Oceanic and Atmospheric Administration; (2) the Department of Justice for debt collection legal activities; (3) the Department of State for contributions for international peacekeeping activities; (4) the Judiciary for defender services of the Courts of Appeals, District Courts, and other Judicial Services; and (5) the Equal Employment Opportunity Commission for salaries and expenses. Extends FY 1992 supplemental appropriations made to the National Commission on Judicial Dicipline and Removal for salaries and expenses through FY 1993. Amends the National Commission on Judicial Discipline and Removal Act to change the reporting date of such Commission to August 1, 1993. Title II: Department of Defense - Military - Makes additional amounts available until September 30, 1992, to the Army, Navy, Air Force, and Defense agencies for operation and maintenance and environmental restoration. Requires a specified amount of defense agency operation and maintenance funds to be used to provide educational assistance for the education of dependents of members of the armed forces in areas which have a significant increase of such dependents as a result of relocation or realignment of armed forces personnel. Requires a specified amount of environmental restoration funds to be obligated and expended not later than September 30, 1992. Makes additional amounts available for obligation until September 30, 1993, to defense agencies for research, development, test and evaluation. Makes supplemental appropriations to the the Pentagon Reservation Maintenance Revolving Fund and the Office of the Inspector General. Provides the transfer of additional funds for additional incremental costs associated with operations in and around the Persian Gulf resulting from Operation Desert Shield/Desert Storm. Makes supplemental appropriations for military personnel through a transfer of funds. Makes supplemental appropriations for military operation and maintenance through a transfer of funds to remain available until September 30, 1994. Provides an additional amount for operation and maintenance of defense agencies. Authorizes the Secretary of Defense to make adjustments to amounts previously transferred in specified other Acts relating to Operation Desert Shield/Desert Storm for the purpose of adjusting amounts which may be transferred to military personnel and operation and maintenance appropriations. Makes additional amounts available, to be derived by transfer to Army National Guard personnel and Army and Navy Operation and maintenance appropriations. Makes additional amounts available, to be derived by transfer to Army National Guard personnel and Army and Navy operation and maintenance. Terminates the Persian Gulf Regional Defense Fund through a rescission of funds. Amends the Dire Emergency Supplemental Appropriations and Transfers for Relief From the Effects of Natural Disasters, for Other Urgent Needs, and for Incremental Costs of "Operation Desert Shield/Desert Storm" Act of 1992 to extend FY 1992 funds through FY 1993 for support of the Kurdish Protection or Ready Reaction Force. Directs the Secretary of Defense to transfer, without reimbursement, five Black Hawk helicopters, together with associated spares, from the United States Army to the Drug Enforcement Administration. Amends the Department of Defense Appropriations Act, 1992 to remove obligation authority for a Phase II V-22 Full Scale Engineering Development program related to the V-22 aircraft program. Title III: Departments of Labor, Health and Human Services, Education, and Related Agencies - Makes additional funds available through FY 1993 to the Department of Labor for advances to the unemployment trust fund and other funds. Prohibits the Secretary of Labor from implementing or administering final or proposed regulations concerning: (1) a category of "helper" workers; and (2) apprenticeship programs in the construction industry. Title IV: Department of Defense - Military Construction - Makes an additional amount available to remain available until expended, including a transfer of funds, for environmental restoration of bases slated for closure and realignment. Title V: Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies - Makes supplemental appropriations to the Department of Veterans Affairs for: (1) the Veterans Benefits Administration; (2) the vocational rehabilitation loans program account; (3) the Veterans Health Administration; and (4) department administration. Merges the capital grants and rental assistance funds provided to the housing for the elderly program and the housing for the disabled program of the Department of Housing and Urban Development. Makes additional amounts available, to be derived by transfer, for certain low-income housing contract renewals. Rescinds a specified amount of FY 1992 for low-income housing projects and makes such funds available for FY 1993. Rescinds certain FY 1992 funds for the National Commission on Manufactured Housing and makes such amount available for the Commission in FY 1993. Increases previously appropriated funds for personnel compensation and benefits for the Commissioners of the Consumer Product Safety Commission. Rescinds FY 1992 amounts earmarked for financial assistance for legal representation costs of the Court of Veterans Appeals. Makes such amounts available until September 30, 1994, for salaries and expenses of such Court. Authorizes the Administrator of the Environmental Protection Agency to award a grant under the Solid Waste Disposal Act for the purchase of a building and associated costs to support a program for the environmental restoration of the Lackawanna Valley. Makes additional amounts available to the National Commission on Severely Distressed Public Housing through a funds transfer of amount provided to the Department of Housing and Urban Development. Title VI: Department of Agriculture, Rural Development, Food and Drug Administration, and Related Agencies - Amends the Dire Emergency Supplemental Appropriations and Transfers for Relief From the Effects of Natural Disasters, for Other Urgent Needs, and for Incremental Cost of "Operation Desert Shield/Desert Storm" Act of 1992 to allow the Commodity Credit Corporation to make grants assist low-income migrant and seasonal farmworkers. Title VII: Energy and Water Development - Makes additional funds available to the Department of the Interior to meet emergency needs for areas stricken by drought. Title VIII: Department of Transportation and Related Agencies - Amends the Federal Transit Act to require the expenditure of administrative and research funds for grants to North Carolina A. & T. State University and the University of South Florida and a consortium of Florida A & M, Florida State University, and Florida International University.
Bill· HRH.R. 5599 (102nd)open
United States · United States Congress · 9 July 1992
Nationality and Naturalization Amendments of 1992 - Amends the Immigration and Nationality Act to grant U.S. citizenship at birth to a person born before noon May 24, 1934, outside the limits and jurisdiction of the United States to an alien father and U.S. citizen mother who, prior to the birth of such person, had resided in the United States. Waives the physical U.S. presence requirements for a person claiming U.S. citizenship based upon descent from a person described above. Makes such provisions retroactive. Waives the government knowledge naturalization requirement for persons: (1) over age 50 who have resided in the United States as permanent residents for at least 20 years; or (2) over age 55 who have resided in the United States as permanent residents for at least 15 years. Waives such requirement and the English language requirement for persons who are unable to comply because of physical, mental, or developmental impairment. (Current law waives the English language requirement for persons unable to comply because of physical impairment.) Changes the residence requirement language from "residing permanently" to "physically present" for purposes of naturalization of children born outside the United States.
Bill· HRH.R. 5601 (102nd)referred
United States · United States Congress · 9 July 1992
Immigration Amendments of 1992 - Amends the Immigration and Nationality Act to repeal the sunset date for certain retired international organization officers and employees (G-4 visa holders) to file for special immigrant status. Grants special immigrant status to certain immigrant employees of the United States Information Agency (USIA) having essential foreign language skills. Limits such entrants to at most 150 in FY 1993, and at most 50 in each subsequent fiscal year. Waives the two-year foreign residence requirement for such aliens. Grants nonimmigrant status to an alien coming to work for USIA if: (1) he or she has essential language skills; and (2) no other qualified workers can be found in the United States. Limits: (1) such annual entrants to not more than 50; and (2) their period of authorized status to not more than five years. Provides with regard to foreign adopted children that: (1) the child does not have to be adopted abroad by a U.S. citizen; and (2) the child may be up to 18 years old (current maximum age is 16 years old). Revises the definition of orphan for such purposes. Provides for the adoption of children from foreign states which are certified by the Secretary of State as having met specified standards concerning the adoption of children for placement abroad. Amends Federal law to establish a criminal penalty for a U.S. citizen or national who purchases an alien child with the intent to establish U.S. permanent residency for such child. Amends the Immigration and Nationality Act to provide permanent resident status for refugees admitted into the United States as of their date of U.S. arrival. Repeals P.L. 89-732 (Cuban refugee status adjustment).
Bill· SS. 2943 (102nd)referred
United States · United States Congress · 2 July 1992
Declares that a named individual shall be considered to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act upon the filing of a petition for classification of such individual as an immediate relative of a named U.S. citizen.
Bill· HRH.R. 5555 (102nd)referred
United States · United States Congress · 2 July 1992
Directs the Attorney General to: (1) identify the ten foreign airports which serve as departure points for the greatest number of improperly documented aliens seeking U.S. entry; (2) establish preinspection stations at airports in such group; (3) report annually to the appropriate congressional committees regarding departure point airports, including the number and nationality of such aliens; and (4) establish an expedited inspection process for U.S. citizens returning by air from abroad. Amends the Immigration and Nationality Act to make the pilot visa waiver program permanent. Authorizes arriving vessels or aircraft to submit electronic passenger manifests to the Immigration and Naturalization Service. Reduces the required length of time for the provision of immigration inspection and preinspection services. Changes the reporting date for the annual immigration user fee account report to the Congress.
Bill· HRH.R. 5533 (102nd)referred
United States · United States Congress · 1 July 1992
Declares a named individual to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.
Bill· HRH.R. 5514 (102nd)referred
United States · United States Congress · 30 June 1992
Health Choice Act of 1992 - Title I: Eligibility and Choice of Plan - Entitles each individual to benefits if they are: (1) a U.S. resident and either a citizen, national, or lawful resident alien; and (2) neither a beneficiary under title XVIII (Medicare) of the Social Security Act nor an active armed forces member. Phases in benefits over six years, phase one for prenatal and delivery services and services for children under six, phase two for individuals under 22 and individuals between 60 and 65, and phase three for all eligible individuals. Requires: (1) residents of a State to choose benefits under any arrangement provided by their State's plan; and (2) nonresidents to choose either an employment-based, managed care, or fee-for-service plan. Allows collective bargaining agreements to specify the plan in which the individual must enroll. Mandates distribution of materials and a toll-free telephone number regarding plan choice. Title II: Benefits - Subtitle A: Services - Includes in "basic health services:" (1) clinical preventive services; (2) physicians' services, rural health clinic services, and Federally qualified health center services; (3) hospital services; (4) post-hospital skilled nursing facility services; (5) part-time or intermittent home health services; (6) hospice care; (7) covered outpatient drugs; and (8) other medical and health services as defined by the National Health Board established by this Act. Considers services reasonable and necessary only if they would be so considered under Medicare and requires review of any national coverage determination to be made as under Medicare. Applies certain Medicare exclusions to this title. Subtitle B: Cost-Sharing - Part 1: General Requirements - Mandates certain deductibles for general services, inpatient services, and prescription drugs. Allows a Health Choice plan to require copayments and limited coinsurance. Prohibits deductibles or coinsurance for clinical preventive services. Mandates cost-sharing rules for capitated plans and special payment methodologies. Allows certain cost-sharing for restricted provider managed care plans. Prohibits premiums for basic health services. Part 2: Reduction in Cost-Sharing for Low-Income Individuals - Reduces deductibles for certain low income individuals. Provides for advance and retroactive cost-sharing assistance and for help in completing assistance applications. Mandates reconciliation of advance assistance with actual income. Considers an individual or family that has been determined eligible for aid under specified provisions of parts A (Aid to Families with Dependent Children) and E (Foster Care and Adoption Assistance) of title IV or Supplemental Security Income benefits of the Social Security Act to have an adjusted total income below the poverty line. Title III: Requirements for Health Choice Plans - Subtitle A: Qualified State Health Insurance Plans - Requires each qualified State health insurance plan to enroll each eligible State resident, except for an individual enrolled in a qualified multi-state employment-based health plan. Mandates health care fraud and abuse measures. Subtitle B: Qualified Employment-Based Health Plans - Requires that a qualified employment-based health plan (EBHP) specify its eligibility basis. Allows the plan to group individuals into classifications based on factors determined by the Board. Prohibits enrollment denial within a classification or on the basis of health status or use of health services. Declares that an EBHP is a multi-state plan if the percentage of individuals from one State does not exceed a level set by the Board. Subtitle C: Qualified Managed Care Plans - Specifies certain requirements for a restricted provider managed care plan, including a prohibition of expulsion on the basis of health status or use of health services, continuation of coverage if the plan terminates, and coverage of out-of-plan services. Subtitle D: Fee-for-Service Choice Plan - Requires the Board to operate a fee-for-service choice plan (Choice Plan) providing basic health services through any willing provider. Makes Medicare beneficiaries, notwithstanding other provisions of this Act, eligible for clinical preventive services under a Choice Plan. Applies certain provisions of the Social Security Act relating to: (1) withholding of payments for certain Medicaid providers to this subtitle; and (2) physician referrals to referrals for clinical laboratory services under the Choice Plan. Requires the determination of the amount, scope, and duration of Choice Plan benefits to be made by the Board. Subtitle E: Plan Requirements and Related Provisions - Part 1: Requirements Applicable to Health Choice Plans Generally - Requires each Health Choice plan to provide for at least all basic health services. Prohibits pre-existing condition exclusions. Requires that enrollment of an individual in a Health Choice include enrollment of that individual's family members. Provides for coordination and portability of coverage under qualified plans. Prohibits a Health Choice plan from paying for basic health services unless the provider is qualified to have payment made. Provides for the qualification of hospitals, physicians, other providers and suppliers, and Indian health service facilities, applying certain Medicare provisions. Requires risk management programs. Allows fee-for-service and capitated plans to restrict coverage through utilization review programs meeting standards set by the Board. Prohibits a Health Choice plan from operating a physician incentive plan (providing compensation or other financial arrangements that may reduce services) unless certain Medicare requirements are met. Protects individuals from liability to providers if a plan fails to make payments for basic health services. Requires each plan to coordinate benefits with low-income assistance under title II of this Act. Mandates quality assurance mechanisms, measures to control fraud and abuse, transmission of information regarding outcomes and expenditures, and the use of unique provider and individual identifiers and uniform plan cards. Applies certain Medicare provisions (relating to offset of payments to individuals to collect past-due obligations from a breach of scholarship and loan contracts) to this title. Requires, after complete phase-in of benefits, fee-for-service claims to be submitted electronically. Requires each plan to maintain written policies and procedures regarding advance directives, as defined in specified Medicare provisions. Part 2: Requirements and Other Applicable Provisions for Capitated Plans - Provides for the approval of State, employment-based, and managed care plans. Sets forth minimum enrollment levels for employment-related and managed care plans. Prohibits a capitated plan that has enrolled an individual from denying enrollment to the individual's family. Allows geographic limitations for State and managed care plans. Provides for the setting and calculation of payment amounts for capitated plans. Requires each capitated plan: (1) except for employment-based plans, to make certain disclosures, including regarding comparing benefits and cost-sharing to fee-for-service plans, describing pre-existing condition limitations, describing provider limits, and disclosing the availability of low-income assistance; (2) to provide grievance and appeals procedures; and (3) to establish insolvency protection. Provides for enforcement of capitated plan requirements through civil monetary penalties, suspension of enrollment, termination of approval, and intermediate sanctions. Requires capitated plans to disclose certain information to the Board. Part 3: Preemption of State Laws - Prohibits State laws and regulations: (1) requiring the offering, as part of a managed care plan or an employment-based plan, of any services; (2) specifying the individuals to be covered under such a plan or the duration of coverage; or (3) requiring a right of conversion from such a plan to an individual plan. Prohibits a State from prohibiting or regulating: (1) a managed care plan meeting the requirements of subtitle C from taking specified actions; or (2) utilization review programs meeting the requirements of specified provisions of this Act. Title IV: Cost Containment - Subtitle A: Basic Health Services - Part 1: Establishment of National Limits on Health Care Spending - Requires the Board to: (1) annually monitor nonmedicare and medicare expenditures and, if expenditures exceed allocations, reduce allocations for specified expenditures in the second succeeding year; (2) determine, according to a specified formula, overall nonmedicare and Medicare spending amounts; and (3) apportion nonmedicare spending among the States according to the number of eligible residents, adjusted to reflect certain risk factors, cost differences outside the control of providers, and other considerations the Board deems appropriate. Requires: (1) the Board to publish, for nonmedicare and Medicare spending, allocations among the classes of services; (2) the nonmedicare allocations to be reduced to account for individuals in capitated plans; and (3) a reduction in the allocation to that class for the second succeeding year after expenditures exceed the allocation. Allows the Congress, by enacting a law by a specified date in any year, to change the amounts, apportionments, allocations, or reductions set by the Board. Prohibits administrative or judicial review of: (1) the spending, apportionments, or allocations; (2) exceptions under specified provisions; or (3) payment amounts negotiated, payment methodologies used, or payment amounts established under parts 2 or 3. Part 2: Development of Negotiated Payment Amounts for Basic Health Services Under Fee-for-Service Choice Plan and the Medicare Program - Provides for negotiation of payment amounts, including Board approval of recommended negotiated amounts. Part 3: Establishment of Payment Amounts If Negotiated Amounts Not Approved - Provides, if there are no (or unsuccessful) negotiations, for establishment by the Board of the amounts. Specifies the basis for nonmedicare payment amounts. Part 4: Application of Payment Amounts - Makes the negotiated amounts (or the amounts established by the Board) in a State the payment amounts for the State under the fee-for-service plan. Makes the negotiated amounts, if approved by the Board, the basis for Medicare payments. Reduces Medicare payments, if the negotiated amounts are not approved by the Board, by a uniform factor as necessary to keep expenditures from exceeding allocations. Subtitle B: Promotion of Primary Care Services through Changes in Graduate Medical Education - Requires the Board to establish incentives for training needed personnel. Authorizes: (1) payment of additional amounts to particularly successful training programs; and (2) elimination or reduction of payments to hospitals and medical residency programs not meeting needs. Subtitle C: Administrative Savings - Mandates: (1) uniform claims forms; and (2) standards for electronic billing. Title V: Control Over Fraud and Abuse - Amends title XI (General Provisions and Professional Standards Review) of the Social Security Act to add references to Health Choice plans to specified provisions: (1) mandating or permitting exclusion of certain individuals from participation in Medicare; (2) mandating civil monetary penalties; and (3) mandating criminal penalties. Directs the Secretary of Health and Human Services, through the Inspector General, to establish a national data base containing information n health care fraud and abuse, including the identify of providers subjected to certain actions. Requires: (1) each Health Choice plan to report to and query the data base; and (2) coordination with a specified malpractice data base. Provides for confidentiality. Requires each State to maintain a health care fraud and abuse control unit. Allows a unit described in title XIX (Medicaid) of the Social Security Act to meet this requirement. Provides for the structure, functions, and resources of the unit. Requires cooperative agreements between the unit and similar units in other States, the Inspector General, and the U.S. Attorney General. Mandates the assignment and use of unique provider identifiers and unique patient identifiers. Title VI: Administration of Health Choice Program; Health Choice Trust Fund; Quality Assessment - Subtitle A: Administration - Establishes: (1) as an independent agency in the Government, the National Health Board; and (2) the National Advisory Council on Health Policy. Authorizes appropriations from the Health Choice Trust Fund for the Board and the Council. Subtitle B: Health Choice Trust Fund - Creates in the Treasury the Health Choice Trust Fund (Fund), consisting of: (1) taxes resulting from the value added tax and the health excise tax on employers imposed by this title; and (2) State contributions under this title. Requires the Fund to be managed by the Board. Authorizes the issuance of public debt obligations for purchase by the Fund. Excludes Board receipts and disbursements from U.S. budget totals. Provides for the treatment of the Board with regard to the Balanced Budget and Emergency Deficit Control Act of 1985. Transfers from the Fund to the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (Trust Funds) amounts equal to the benefits and administrative costs payable from such Trust Funds as a result of specified provisions of this Act. Provides for the treatment of amounts owed to the Board or the Fund in bankruptcy and reorganization proceedings. Mandates transfers from the Fund to the Agency for Health Care Policy and Research to carry out provisions of the Public Health Service Act relating to that Agency. Requires that expenditures be made from the Fund for grants under title X of this Act relating to: (1) primary care centers and public health clinics serving medically underserved populations; and (2) specialized screening, diagnostic, and treatment services for children. Mandates expenditures from the Fund for demonstration projects under part 2 of subtitle D (relating to medical malpractice). Requires a set-asides of Fund expenditures to: (1) assure adequate support in the administration of the fee-for-service choice plan; and (2) expand the Inspector General's capacity to carry out title V (Control Over Fraud and Abuse). Subtitle C: Miscellaneous - Requires the Board to assess service quality under Health Choice plans, monitor the health status of individuals in the United States, and compile information regarding the appropriateness and quality of services under such plans to provide for a more informed choice in the selection among the plans. Amends provisions of the Social Security Act relating to outcomes research to require that the needs and priorities of the Health Choice program are reflected in the development and updating of treatment- or condition-specific practice guidelines in specified forms. Authorizes demonstration projects to improve service delivery and quality and to increase payment efficiency and effectiveness. Requires project funding to come from the Fund. Mandates reports on: (1) the impact of this Act in meeting goals in "Healthy People, 2000;" (2) consolidating Medicare and other Federal health benefit programs with the Health Choice program; and (3) the impact of this Act on facilities recognized as centers of medical excellence. Subtitle D: Resolution of Medical Malpractice Claims Relating to Health Choice Program - Part 1: Resolution of Claims - Applies this subtitle to any medical malpractice claim in any Federal or State court relating to Health Choice plan services except for a vaccine-related injury or death or to the extent that title XXI (Vaccines) of the Public Health Service Act applies. Preempts differing State laws. Mandates the development of practice guidelines for basic health services and requires that any such guideline serve as the standard of care for the resolution of medical malpractice claims. Requires regulations establishing: (1) factors commonly considered in calculating malpractice economic damages; and (2) a methodology for standardizing the costs or value associated with the factors. Makes the list and methodology admissible. Requires annual compilation of information on damage awards and categorization so as to assist triers of fact in calculating damages. Provides, when a damage award is over a specified amount, for periodic damage payments, imposes a limit on any single payment, and prohibits certain payments after the plaintiff's death. Reduces damages by the amount of collateral source payments, except for payments under title III or Medicare. Mandates development of a methodology for assisting parties in quantifying the dollar value of non-economic harm. Requires: (1) 50 percent of any punitive damages to be awarded to the State for activities to prevent medical injuries or to the State health professional licensing agency; and (2) a reduction in punitive damages by the amount of any plaintiff's attorney's fees owed. Limits the application of these requirements in States limiting malpractice award amounts. Limits attorney's fees. Part 2: Demonstration Projects, Studies, Etc. - Mandates grants for four-year demonstration projects for model administrative systems for the final resolution of all medical malpractice claims through a non-judicial process. Sets forth system requirements. Waives conflicting State laws. Requires designation of a list of medical procedures as generally preventable medical outcomes designated to be compensable in advance of the initiation of a medical malpractice claim (accelerated compensation events). Mandates research relating to the prevention of medical injuries. Requires each State to use all fees paid to the State for licensing, certification, or accreditation of health practitioners to conduct disciplinary and educational activities. Mandates a study on the impact of part 1 on specified matters. Requires an annual report on medical malpractice premiums, including geographic differences. Title VII: Medicare Benefit Improvement - Amends Medicare provisions to remove the limit on the number of inpatient hospital days covered. Revises requirements regarding inpatient hospital deductibles and eliminates references to inpatient hospital coinsurance. Modifies inpatient psychiatric hospital coverage and payments for emergency hospital services. Defines "covered outpatient drug" and specifies exclusions. Provides for determination of the payment amount for such drugs according to specified formulas. Declares that the deductible shall be the deductible under specified provisions of title II of this Act. Sets the coinsurance percentage, certain payment limits, and administrative allowances. Mandates a program to identify (and educate physicians and pharmacists concerning): (1) inappropriate prescribing and dispensing practices; (2) substandard care with respect to such drugs; and (3) potential adverse reactions. Requires related standards. Provides for the treatment of certain prepaid organizations with regard to prescription drugs, including with regard to drug buy-out plans. Requires development and annual updating and dissemination of an information guide for physicians comparing average wholesale prices of at least 500 of the most commonly prescribed covered outpatient drugs. Provides for participation agreements between pharmacies and the Secretary with specified minimum contents. Directs the Secretary to: (1) provide such electronic equipment and technical assistance as necessary for electronic claims submission by pharmacies; and (2) a point-of-sale electronic system for use by carriers and participating pharmacies in the submission of information on covered drugs dispensed to Medicare beneficiaries. Allows payment for such drugs to be made on the basis of an assignment only to a participating pharmacy. Imposes civil monetary penalties for violation of a participation agreement, excessive charges, or failure to provide certain information. Provides for limits on the length of time covered by a prescription. Amends provisions relating to the use of carriers for administration of benefits to set forth requirements applicable to carriers that make determinations or payments regarding covered outpatient drugs. Allows payment for the operation of the electronic claims system. Mandates interest on late payments by the system. Sets forth special rules for health maintenance organizations and competitive medical plans. Regulates the amount a provider may charge. Requires the Director of the Congressional Office of Technology Assessment to provide for the appointment of a Prescription Drug Payment Review Commission. Requires the Commission to report annually to the Congress on methods of determining payment for covered outpatient drugs under Medicare part B. Authorizes appropriations, payable from the Federal Supplementary Medical Insurance Trust Fund. Mandates studies on: (1) including experimental drugs and biological products as Medicare covered outpatient drugs; (2) use of mail pharmacies to reduce costs to Medicare and Medicare beneficiaries; (3) improving utilization review of covered outpatient drugs; (4) the use, studied on a longitudinal basis, of outpatient prescription drugs by Medicare beneficiaries regarding medical necessity, adverse interactions, cost, and patient stockpiling or wastage; (5) average wholesale prices as compared to actual pharmacy acquisition costs; (6) retail pharmacy overhead costs; and (7) discounts by pharmacies to other third-party insurers. Mandates a standard Medicare claims form. Adds tetanus-diphtheria boosters and their administration to the Medicare definition of "medical and other health services." Allows screening mammographies for women over 64 years old 11 (currently, 23) months after a previous screening. Modifies requirements regarding the frequency of screening pap smears. Eliminates certain Medicare cost-sharing requirements after out-of-pocket cost-sharing equals an amount specified under title II of this Act. Imposes other cost-sharing limits. Provides for the inpatient hospital deductible when phase two of this Act becomes effective. Removes provisions relating to: (1) the amount of premiums for individuals enrolled under Medicare part B (Supplementary Medical Insurance); and (2) payment of such premiums. Modifies requirements regarding: (1) the determination of the amount of monthly premiums for certain individuals; and (2) appropriations to cover Government contributions to the Federal Supplementary Medical Insurance Trust Fund and the associated contingency reserve. Amends title II (Old Age, Survivors, and Disability Insurance (OASDI)) provisions of the Social Security Act relating to entitlement to hospital insurance benefits to entitle every individual over age 64 to hospital insurance benefits under Medicare part A (Hospital Insurance). (Current law imposes certain conditions on such entitlement.) Removes provisions relating to the determination of certain monthly Medicare premiums to be paid by the State. Removes provisions allowing payment on the basis of an itemized bill. (Current law allows payment on the basis of an itemized bill or on the basis of an assignment.) Revises requirements regarding refunds of amounts billed on an unassigned basis. Subjects Medicare expenditures to reductions to assure that they do not exceed the allocation for the class of services involved under this Act. Allows a group health plan that is a qualified employment-based health plan under title III of this Act to take into account that an individual is eligible for Medicare benefits if the individual is: (1) a working aged individual, a disabled active individual in a large group health plan, or an individual with end stage renal disease; and (2) not an eligible individual under this Act. Appropriates to the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund from the Health Choice Trust Fund amounts equal to the benefits and administrative expenses that result from the amendments made by subtitle A of title VIII of this Act. Title VIII: Medicaid - Amends Medicaid provisions to prohibit payments to States (and declare that a State is not required to make payments) for basic health services for which payment is made under Medicare or this Act. Title IX: Financing - Subtitle A: Value Added Tax - Amends the Internal Revenue Code to impose a tax on each taxable transaction, defined as being, in connection with a business, the sale of property in the United States, the performance of services in the United States, and the importing of property into the United States. Includes in the imposition of the tax any sale or leasing of real property and any importing of property, whether or not in connection with a business. Declares that the taxable amount is the price charged for the property or service or, in the case of exchanges, the fair market value. Sets a zero tax rate for: (1) food, housing (as a primary residence), and medical care, applying the zero rating to all transactions after such items become clearly identifiable as items to which the zero rating will apply; (2) sales to governmental entities; and (3) the providing by a governmental entity of property and services in connection with education. Taxes sales by a governmental entity only if there is a separate charge or fee. Sets a zero rate for transactions engaged in by certain charitable (section 501(c)(3)) organizations unless the organization imposes a charge or fee for the service. Allows a tax credit for the aggregate tax which has been paid by sellers to the taxpayer of property and services which the taxpayer uses in the business to which the transaction relates. Provides for the treatment of excess credit as an overpayment of tax. Makes the seller liable for the tax. Requires the seller to give the purchaser a tax invoice. Allows a person whose aggregate taxable transactions (except for transactions involving real property or importing) are under $20,000 to elect to be treated as a nontaxable person. Allows a tax credit for low income individuals. Subtitle B: Employer Contribution - Imposes an excise tax on every employer on a percentage of wages paid, specifying a higher percentage for those employers contributing to any employee medical care plan. Imposes a tax on self-employment income. Imposes similar taxes through provisions relating to railroads. Subtitle C: State Medicaid Contribution - Requires each State, as a requirement for receiving its Federal Medicaid payment, to pay to the Health Choice Trust Fund any excess of Medicaid payment to the State that would have been made (if this Act had not been in effect) for basic health services under subtitle A of title II of this Act over the Medicaid payment actually made for such service. Title X: Expansion of Primary Care and Public Health Delivery Capacity in Meeting Health Objectives - Amends the Public Health Service Act to authorize appropriations for programs relating to: (1) vaccinations; (2) the prevention and control of tuberculosis, lead poisoning, or sexually transmitted diseases; (3) migrant and community health centers; (4) health services for the homeless and for residents of public housing; (5) family planning; and (6) early intervention services for individuals with HIV disease. Mandates grants (from Health Choice Trust Funds set aside under title VI of this Act) to plan and develop primary care centers and public health clinics for medically underserved populations, allowing grant funds to be used as under provisions of the Public Health Service Act relating to community health centers. Defines a primary care center to mean a migrant or community health center or an entity qualified to receive a grant under provisions relating to health services for the homeless, health services for residents of public housing, family planning services, or early intervention services for individuals with HIV disease. Defines a public health clinic to mean an entity qualified to receive a grant under provisions relating to vaccinations or the prevention and control of tuberculosis, lead poisoning, or sexually transmitted diseases. Mandates grants (from Health Choice Trust Funds set aside under title VI of this Act) for specialized screening, diagnostic, and treatment services to children under 22 years old. Title XI: Reform of Health Insurance Market - Declares that Medicare provisions relating to the revision of National Association of Insurance Commissioners standards regarding Medicare supplemental policies apply in the case of the changes in Medicare benefits made by title VIII. Requires the Board to promulgate standards relating to health insurance policies offered to supplement the Health Choice program. Prohibits the sale or issue of any nonconforming policy, prescribing civil monetary penalties. Repeals specified provisions of the Internal Revenue Code, the Employee Retirement Income Security Act of 1974, and the Public Health Service Act relating to continuation coverage.
Bill· HRH.R. 5500 (102nd)referred
United States · United States Congress · 25 June 1992
Health Care for Every American Act of 1992 - Title I: Establishment of A State-Based National Health Insurance Program; Universal Eligibility; Enrollment - Establishes the State-Based National Health Insurance Program. Entitles every U.S. resident who is a citizen, national, or lawful resident alien to services. Provides for the eligibility of certain nonimmigrants and other individuals. Requires each State program to provide for: (1) an enrollment mechanism, including a process for automatic enrollment at birth or immigration; and (2) issuance of a universal health insurance card to be used for identification and claims processing. Provides for portability of benefits. Ends, after a specified date, benefits and payments under: (1) titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act; (2) provisions of Federal law relating to Federal employees' health benefits; (3) provisions of Federal law relating to the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); and (4) certain veterans' medical benefits. Title II: Comprehensive Benefits, Including Preventive Benefits and Benefits for Long Term Care - Entitles enrolled individuals to payment, subject to certain limitations and requirements, for comprehensive acute, preventive, mental health, drug and alcohol abuse treatment, long term care, and plan of care services (major service categories). Prohibits: (1) deductibles, coinsurance, or copayments for comprehensive acute and preventive services; (2) imposing a charge, except as provided under this Act, for covered services; and (3) insurance which duplicates payment for covered items or services. Permits State programs and employers to provide additional benefits. Lists covered services in each major service category, specifying matters such as limits, cost-sharing requirements, and exclusions. Mandates a report to the Congress on the effects of the cost-sharing under specified provisions of this Act and the optional State charge for non-enrollment with comprehensive health service organizations required under title V of this Act. Title III: Provider Participation - Mandates a participation agreement between a State health insurance program and a provider addressing specified elements, including prohibitions on discrimination and charging for covered services other than as authorized under this Act. Specifies requirements in order to be considered a qualified provider, including for health care practitioners, institutional and facility-based providers, community-based primary services providers, independent pathology laboratories, independent radiology services, providers of outpatient drugs and devices, and providers of covered transportation (including ambulance) services, in most cases requiring that they be licensed, meet State law requirements, and meet the requirements of this Act. Requires national and authorizes State minimum standards to assure service quality. Defines a comprehensive health service organization (CHSO) as an organization that, in return for a capitated amount, furnishes, arranges for, or pays for a full range of health services to a population in a specified service area. Makes all eligible persons in that area eligible to enroll in the organization, subject to the organization's capacity. Sets forth CHSO requirements. Title IV: Administration - Establishes the National Health Insurance Standards Board to develop policies, procedures, guidelines, and requirements to carry out this Act. Authorizes the Board to waive provisions of this Act to accommodate demonstration projects. Mandates uniform reporting requirements and standards and certain studies. Requires the Board to recommend to the Congress one or more proposals for the treatment of Federal health care facilities. Mandates advisory committees on: (1) benefits; (2) payments and cost containment; (3) quality and utilization review; and (4) primary care and the medically underserved. Requires the Board to provide for a National Health Advisory Council. Mandates submission by each State (or, for neighboring States which so choose, by each region) of a plan for a State (or regional) health insurance program providing services under this Act. Sets forth plan requirements. Provides for sanctions for failure to meet the requirements, including placing the State program in receivership under the jurisdiction of the Board. Prohibits a State, by intention or as an unstated consequence of budget allocations, from restricting timely access to medically necessary services or permitting potentially life threatening queues. Mandates appointment in each State of: (1) a State Health Advisory Council; and (2) a quality control mechanism. Allows States to use fiscal agents. Requires each State program to establish district health advisory councils covering distinct geographic areas to: (1) advise the State; (2) receive and investigate complaints by eligible persons and by providers; and (3) carry out district management and planning. Requires each district health advisory council to provide assistance and technical support to community organizations and nonprofit agencies submitting funding applications under specified provisions of the Public Health Service Act. Requires all Department of Health and Human Services activities to be complementary to this Act. Title V: National Health Insurance Budget; Payments; Cost Containment Measures - Subtitle A: Budgeting and Payments to States - Requires the Board to annually establish a national health insurance budget specifying the total Federal and State expenditures for covered services, set as the sum of the capitation amounts under this title plus Federal administrative expenses. Sets a national health insurance spending ceiling according to a specified formula involving: (1) the increase in the gross national product; (2) the Board's estimate of the increase in health care expenditures due solely to changes in the age or other risk characteristics of the U.S. population; and (3) percentage points set, for the first four years, by this Act and thereafter set by the Board. Requires each State program to annually establish a State health insurance budget, with a separate account for graduate medical education expenses. Provides for the computation of individual and state capitation amounts. Entitles each State with an approved program to receive specified Federal payments involving the State capitation amount and the Federal contribution percentage. Requires the Board to establish a formula for the Federal percentage for each State, considering the State's per capita income and revenue capacity and other relevant economic indicators as appropriate. Requires each State program to provide for a process and standards regarding the approval of capital purchases or leases for new or renovated facilities and for equipment valued over an amount specified by this Act or by the Board. Allows a State program, where a CHSO is available, to impose a charge for individuals who are enrolled with the CHSO for the receipt of covered services under this Act. Requires that the charge be assessed relative to income and specifies miniumum and maximum charges. Subtitle B: Payments by States to Providers - Requires direct payment by a State program to institutions and facilities for operating expenses under an approved negotiated annual prospective global budget. Allows institutions and facilities to raise private funds for new facilities, major renovations, and equipment, declaring that the expenditure of the private funds does not obligate the State program to provide for continued support for the expenditures. Entitles every independent health care practitioner to payment for the provision of covered services either, at the practitioner's election, by a fee-for-service method or a capitation method. Allows a State program, through an agreement with an organization representative of independent practitioners or otherwise, to pay individual practitioners through an annual salary, hourly payments, or other method under which aggregate payments do not exceed the amounts that would otherwise be made. Requires the Board to establish models and encourage State programs to implement alternative methodologies incorporating global fees for related services or for a basic group of services furnished to an individual over a period of time. Requires the State program to establish, after negotiations, a prospective payment schedule based on a relative value scale and conversion factors established by each State and providing for the application of expenditure targets. Allows State Programs to have practitioner-specific adjustments reflecting practitioner use patterns and to publicly disclose the use patterns. Requires payment to: (1) CHSOs to be determined by the State based on a global budget or on the basic capitation amount determined by the State program on the basis of the average estimated expenditures for an enrollee with the same actuarial characteristics as the enrollee; (2) community based primary health services to be based on a global budget or be made on an individual patient basis; and (3) care managers to be made directly by each State program pursuant to payment schedules, based on negotiations, capitation, or other methods, under an annual prospective budgeting system. Requires the Board to establish a list of approved prescription drugs and biologicals the board determines necessary for health, employability, or self-management and eligible for coverage. Allows the Board to exclude ineffective, unsafe, or over-priced products where better alternatives are available. Requires the Board to determine product prices. Authorizes the Board to conduct price negotiations, on behalf of State health programs, with drug manufacturers and distributors. Requires each State program to provide for payment for a drug furnished by an independent pharmacy based on the drug's cost to the pharmacy plus a dispensing fee according to a schedule set by the State program. Requires the Board to establish a list of approved durable medical equipment and therapeutic devices and equipment (including eyeglasses, hearing aids, and prosthetic appliances) the Board determines necessary for health, employability, or self-management and eligible for coverage. Requires the Board to determine product prices. Authorizes the Board to conduct price negotiations, on behalf of State health programs, with equipment and device manufacturers and distributors. Allows the Board to exclude ineffective, unsafe, or over-priced products where better alternatives are available. Mandates determination by the State program of the amount of payment for other covered services in accordance with payment methodologies specified by the Board. Requires the Board to establish, in addition to payment otherwise provided in this title, model payment methodologies and other incentives that promote the provision of services in medically underserved areas. Authorizes the Board to waive required payment methodologies as necessary to allow alternative payment schemes or conduct experiments and demonstration projects. Subtitle C: Malpractice Reform - Authorizes the Board to award grants to State programs for the development and implementation of programs for medical malpractice reforms. Authorizes appropriations. Mandates a study of medical malpractice, including regarding: (1) ineffective or unnecessary medical testing and practices; (2) the occurrence of malpractice and malpractice awards; (3) the adequacy of existing licensing and discipling procedures in preventing malpractice; and (4) the reasonableness of malpractice insurance premiums and rate-setting practices. Authorizes appropriations. Subtitle D: Mandatory Assignment and Administrative Provisions - Declares that payments for benefits under this Act constitutes payment in full, requires the furnishing entity to accept the payment as such, and prohibits the entity from accepting any payment other than from the State program, except for authorizd cost-sharing. Provides for sanctions in the same manner as under specified provisions of title XVIII (Medicare) of the Social Security Act. Requires a State program to establish: (1) a timely and administratively simple procedure for reimbursement to all providers under this Act; and (2) an appeals process regarding provider payments. Title VI: Financing - Creates the National Health Insurance Trust Fund. Appropriates to the Fund all: (1) tax increases from this Act; and (2) amounts that would otherwise have been appropriated to carry out titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act, the Federal employees health benefit program, and the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS). Transfers to the Fund any amounts remaining in the Federal Hospital Insurance Trust Fund or the Federal Supplementary Medical Insurance Trust Fund. Directs the Secretary of the Tresury to: (1) develop a formula for determining and collecting National Health Insurance premiums from individuals and employers to finance covered services; (2) determine the aggregate premiums for each taxable year; and (3) collect premiums from individuals using a formula with specified characteristics, including that it be income-based and progressive. Directs the Secretary of the Treasury to collect the premiums from employers by: (1) increasing the highest marginal corporate income tax rate; (2) increasing the employer and self-employment hospital insurance tax; and (3) imposing a surtax on regular and minimum taxes. Declares that such taxes shall be increased as specified by the Secretary. Mandates a method for employers to pay premiums otherwise payable by employees. Amends Internal Revenue Code provisions relating to exclusions from gross income to define "accident or health insurance" to mean an approved State program under this Act. Removes provisions relating to amounts paid to highly compensated individuals under a discriminatory self-insured medical expense reimbursement plan. Disallows deductions for employer expenses for health care services, whether or not covered under this Act. Declares that this does not disallow a deduction for National Health Care premiums. Allows health insurance costs (currently, 25 percent of health insurance costs) of self-employed individuals to be deducted. Removes provisions ending the deductibility on a specified date. Defines "medical care," for provisions relating to individual deductions for medical and dental expenses, to mean National Health Insurance premiums, cost-sharing, and other premiums for coverage under a State program. Ends, after a specified date, the health insurance credit for coverage which includes at least one child. Makes each State responsible for establishing a financing program for the implementation of the State program. Entitles each State with a State program approved by the Board to funding from the Board in the amounts provided under specified provisions of this Act. Title VII: Promotion of Primary Health Care; Development of Health Service Capacity; Programs to Assist the Medically Underserved - Subtitle A: Promotion and Expansion of Primary Care Practitioners - Makes the Board responsible for certain activities toward a national goal of having, ten years after enactment of this Act, 50 percent of the physicians in medical residency programs being trained as primary care physicians, including coordinating graduate medical education policies and overseeing State program residency expenditures. Requires the Board to establish a method of applying the national goal to program goals for each medical residency program. Provides for enforcement, against State programs that fail to meet the goal, through reducing: (1) medical residency payments; and (2) the indirect portion of extramural biomedical and behavioral research grants from the National Institutes of Health (NIH). Requires the Board to provide for an Advisory Committee on Graduate Medical Education. Amends the Public Health Service Act to establish in NIH the Office of Primary Care and Prevention Research. Establishes in that Office: (1) the Coordinating Committee on Research on Primary Care and Prevention Research; and (2) the Advisory Committee on Research on Primary Care and Prevention Research. Requires the NIH Director to: (1) establish a data system for the collection, storage, analysis, retrieval, and dissemination of information regarding primary care and prevention research conducted or supported by the national research institutes; and (2) establish and operate a program to provide information on research and prevention activities of the institutes relating to such research. Authorizes appropriations for the Office. Mandates priority, in providing financial assistance under certain provisions relating to health research and teaching facilities and training of professional health personnel, to applicants, a substantial percentage of whose graduates are (or are expected to be) providing primary care to a substantial number of medically underserved individuals. Places an additional requirement on residency programs that they provide significant experience in providing: (1) primary care to such individuals; or (2) such services in ambulatory health facilities. Subtitle B: Grants for Expansion of Availability of Primary Care Services through Health Centers - Part 1: Primary Care Service Expansion Grants - Amends the Public Health Service Act to mandate grants to expand the availability of comprehensive primary health services in medically underserved areas. Authorizes appropriations. Part 2: Reduction in Medical Malpractice Liability for Community Health Centers - Includes entities receiving Federal funds under provisions relating to migrant health centers, community health centers, health services for the homeless, or (as added by this Act) grants for expansion of the availability of primary care services (and officers, employees, or contractors of such entities who are licensed health care practitioners) in the coverage of provisions regulating civil actions for injury resulting from medical or related functions against commissioned officers or employees of the Public Health Service. Subrogates to the United States any insurance claim such an entity or person has. Prohibits grants under such provisions unless the applicant has: (1) implemented policies and procedures to assure against malpractice; and (2) reviewed the professional credentials, claims history, and other information regarding its licensed health care practitioners; and (3) no history of claims against it under such provisions relating to officers and employees of the Public Health Service, or has cooperated with the Attorney General in defending against such claims and has taken corrective action. Empowers the Attorney General, if certain conditions are met, to determine that an individual practitioner shall not be deemed a Public Health Service employee for purposes of these provisions. Prohibits hospitals from denying admitting privileges to an otherwise qualified health care provider who is an officer, employee, or contractor of such an entity. Mandates withholding from the amounts appropriated for such entities an annual estimate of the amount of all claims under provisions relating to such civil actions. Subtitle C: Expansions in the National Health Service Corps - Authorizes appropriations for: (1) the National Health Service Corps Loan Repayment Program for physician and midlevel practitioner placements at entities receiving grants for expansion of the availability of primary care services; and (2) a number of contracts (for such repayments and scholarships under the National Health Service Corps Scholarship Program) sufficient to ensure the placement of a specified number of additional primary care physicians and a specified percentage increase in midlevel practitioners in health professional shortage areas. Defines "midlevel practitioner" to include certified nurse midwives, certified nurse practitioners, physician assistants, and similar nonphysician health care practitioners.
Bill· HRH.R. 5383 (102nd)open
United States · United States Congress · 11 June 1992
Amends the Immigration and Nationality Act to extend the authorization of appropriations for domestic refugee assistance.
Bill· SS. 2817 (102nd)referred
United States · United States Congress · 9 June 1992
National Health Care Act of 1992 - Title I: National Health Care Program - Establishes a national health care program involving payments to States for State programs that provide covered services to individuals. Provides for approval or disapproval of State programs by the Administrator of the National Health Care Administration (established under title IV of this Act). Makes eligible for enrollment an individual who: (1) maintains a primary residence in the State; and (2) is a U.S. citizen or national, a lawful resident alien, or an eligible alien nonimmigrant. Requires each State program to provide an enrollment mechanism, including: (1) a process for automatic enrollment at birth or immigration; and (2) issuance of a card for identification and claims processing. Provides for portability of coverage and reimbursement. Title II: Benefits and Provision of Services - Subtitle A: Scope of Services - Declares that covered services are all medically necessary services, except as provided, that contribute to the physical, mental, or psychosocial health of an individual or family. Lists included and excluded services. Prohibits States from limiting covered services on the basis of preexisting conditions. Sets forth eligibility criteria for: (1) long-term care services; (2) hospice care services; and (3) services provided in schools, work places, and assisted living programs. Allows State programs to provide, at non-Federal expense, additional services not specifically excluded. Prohibits duplicative private insurance. Allows private insurance for uncovered services. Subtitle B: Provision of Services - Requires States to: (1) include procedures for certification and licensing of participating health care providers; (2) regulate providers and ensure compliance with quality assurance standards, consumer protection standards, and other Federal and State law; and (3) debar providers from payment for repeated violations or convictions for an offense involving medical malpractice. Allows State programs to implement innovative delivery systems. Requires State approval or disapproval of health plans as Integrated Health Service Plans (IHSPs). Defines an IHSP as a nonprofit, consumer-controlled health plan that provides all covered services and operates as a single organization in the health care facilities of the organization. Mandates establishment of State long-term care coordination agencies (LTCCAs) to ensure a continuum of care. Makes LTCCAs responsible for screening all potential long-term care recipients and authorizing services. Sets forth requirements for the services provided. Applies specified provisions of title XVIII (Medicare) of the Social Security Act to this Act. Prohibits discrimination in the provision of services on the basis of race, color, religion, sex, national origin, age, health condition, sexual preference, income, language, or geographic residence in an urban or rural area within the State. Title III: Revenue - Subtitle A: Budget Process - Requires the Administrator to annually establish a national health budget and, for each State, a State health budget. Specifies factors on which State budgets must be based, including population and price differences. Prohibits expenditures in the national budget from exceeding expenditures for the preceding year, adjusted by the percentage increase in the gross national product. Requires inclusion of amounts in national and State budgets for capital expenditures and direct medical education expenses. Subtitle B: Payments to Health Care Providers - Requires State programs: (1) to provide for a timely and administratively simple mechanism for provider payment; (2) in order to avoid fragmented care and promote a continuum of services, to develop financial incentives in payment methods; (3) to limit acquisition of highly specialized or expensive medical equipment; and (4) to establish schedules and incentives to encourage the provision of services in rural and health professional shortage areas. Requires providers who receive program payments to accept the amount recognized under the State program as payment in full. Requires: (1) payment for institutional care through annual prospective budgeting; and (2) each hospital to receive prospectively a global budget developed through negotiations. Allows hospitals to raise private funds. Requires subsidies in health professional shortage areas. Allows: (1) States to determine whether to pay other health care facilities by prospective global budget or per capita fee; and (2) per diem reimbursement for certain services. Requires subsidies for rural essential facilities. Requires that payment to individual providers be on a fee-for-service basis based on State-established (after negotiations) payment schedules and on a national relative value scale. Allows alternative payment mechanisms not exceeding the standard method. Allows group practices to elect to be paid prospectively on a per capita basis. Requires payment to IHSPs (except for inpatient and hospital services) to be paid prospectively on a per capita basis or by a negotiated global budget, as determined by the State agency. Requires the head of each State agency to establish a State Payment Grievance Board, allowing use by providers denied payment and to consumers for whom a provider has determined that a requested service is not medically necessary. Subtitle C: Sources of Revenue - Amends the Internal Revenue Code to increase individual, estate and trust, corporate, and minimum tax rates. Increases tax rates on, and imposes taxes on floor stocks of, cigarettes, distilled spirits, certain wines, and beer. Imposes additional: (1) payroll taxes on employees and employers; and (2) taxes on self-employment income. Makes similar changes to railroad retirement tax provisions. Provides for the treatment of: (1) the applicable contribution base; and (2) certain State and local employees. Terminates certain hospital insurance taxes currently applicable to employees, employers, and self-employed individuals. Imposes a tax equal to the amount an employer would have paid for individual or family coverage of retired employees under group health plans in existence on a specified date. Terminates the tax after 2012. Excludes from gross income amounts received for injuries or sickness through the national program (currently, through accident or health insurance). Terminates the exclusion from gross income of amounts received through such insurance. Repeals provisions excluding from gross income employer-provided accident or health plan coverage. Removes provisions specifying the circumstances in which a cafeteria plan shall not be treated as discriminatory. Replaces provisions regarding health insurance costs of self-employed individuals with provisions allowing a deduction for employer expenses for on-site employee first aid. Repeals provisions: (1) allowing deductions for medical expenses; and (2) relating to the provision by pension or annuity plans of medical benefits for retired employees and their spouses and dependents. Terminates the deduction for health insurance which includes at least one child. Increases the portion of social security benefits and tier 1 railroad retirement benefits which must be included in gross income. Reduces related income thresholds. Mandates a national health care program premium for persons over 64 years old, determined according to certain provisions of title XVIII (Medicare) of the Social Security Act plus a specified amount. Reduces the premium for low-income persons. Makes each State responsible for establishing a financing program for the State program. Declares that, notwithstanding any other provision of this Act, no individual is eligible for services under this Act unless the State of residence makes available amounts, determined under a specified formula, in addition to State health block grant funds. Requires each State to make available all State health block grant funds, including funds made available under title V (Maternal and Child Health Services Block Grants) of the Social Security Act. Requires each State program to impose cost-sharing for specified services, except for low-income consumers. Establishes the National Health Care Trust Fund (Fund) and transfers to it: (1) the additional revenues resulting from this Act; and (2) unobligated amounts in the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. Authorizes additional appropriations. Authorizes and appropriates payments to each State. Declares that amounts in the Fund shall be available for grant programs relating to health care services. Prohibits inclusion of the receipts and disbursements of the Fund and the additional taxes resulting from this Act in the Federal budget and exempts such amounts from any general budget limit. Title IV: Administration - Subtitle A: Federal Administration - Establishes a National Health Care Administration as an independent establishment, mandating an Administrator appointed by the President with the advice and consent of the Senate. Mandates establishment, directly or through grants or contracts, of ombudsman programs, complaint hotlines, and consumer and provider information and education programs. Establishes a national health care data base, requiring it to include information on the quality, effectiveness, utilization, and cost of covered services. Establishes the National Health Board to advise the Administrator. Requires appointment of the Board by the President, with the advice and consent of the Senate. Establishes the National Council on Quality Assurance and Consumer Protection to conduct studies and oversight and prepare recommendations. Authorizes appropriations. Establishes the Medical Malpractice Commission to conduct a study and prepare recommendations. Authorizes appropriations. Amends title XI (General Provisions and Peer Review) of the Social Security Act to require that utilization and quality control peer review organizations be composed of: (1) health care providers (currently, doctors of medicine and osteopathy) engaged in providing covered services under this Act (currently, engaged in the practice of medicine or surgery); and (2) health care providers representative of the groups of health care providers providing services under the Act, with no group providing a majority. Requires such organizations to make recommendations regarding quality assurance standards under this Act. Establishes Peer Review Organization Consumer Boards (Consumer Boards) within geographic regions specified by the Administrator to: (1) conduct annual evaluations of such peer review organizations, including making recommendations for awards of contracts; and (2) carry out consumer education programs. Authorizes appropriations. Replaces certain references to titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act, or to the Social Security Act as a whole, with references to this Act. Establishes the Public Health Functions and Activities Commission to study and report to the Administrator regarding: (1) public health functions and activities that should remain separate from the national health care program; and (2) integration of public health program into the national health care program. Authorizes appropriations. Requires provision on a regional basis, directly or through contracts, of technical assistance centers. Subtitle B: State and Local Administration - Requires a State to designate a State agency (agency) to be the sole State agency to carry out the State program under this Act. Requires each: (1) agency to establish a State planning board; and (2) State to establish local planning boards. Title V: Transition and Relationship to Other Programs - Repeals titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act. Repeals certain provisions of Federal law concerning: (1) the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); (2) medical care and medical facilities relating to veterans; and (3) Federal employees' health benefits. Requires provision of covered services to eligible individuals not enrolled in the program through the Indian Health Service in lieu of health services provided by the Service on the date of enactment of this Act. Mandates grants to States planning and developing State programs. Authorizes appropriations. Requires a study of strategies for accomplishing transitions under this Act. Gives the study's recommendations the force of law unless the Congress disapproves within a specified time. Provides for the rules governing congressional consideration of a disapproval resolution, specifying that these provisions are enacted as an exercise in the rule making power of the House of Representatives and the Senate and retaining the right of either House to change the rules as any other rule of that House. Supersedes provisions of the Employee Retirement Income Security Act to the extent they are inconsistent with this Act. Title VI: Miscellaneous Provisions - Declares that it is the sense of the Congress that consumers in the national health care program shall have specified rights set forth in a bill of rights. Requires the Administrator to carry out, directly or by grant, certain research and demonstration projects. Mandates grants to establish: (1) innovative statewide or local prevention and health promotion programs; and (2) health awareness programs in schools, work places, and health and social agencies.
Bill· HRH.R. 5353 (102nd)referred
United States · United States Congress · 9 June 1992
Freedom Exchange Act - Title I: Educational Exchange Program - Requires the Director of the U.S. Information Agency (the Director) to carry out an education exchange program with the independent states of the former Soviet Union and the Baltic States by awarding grants to eligible organizations for: (1) specified types of exchanges of secondary school, college, and graduate students; (2) paired-university visits and interchanges of professors and educators; and (3) a program of internship for nationals of such foreign states in small businesses in the United States. Authorizes appropriations. Requires such grants program to be carried out: (1) in FY 1993 by the Director; and (2) in FY 1994 through 1997 by the Educational Exchange Endowment, a private, nonprofit corporation (to be established). Requires such grants to be awarded on a competitive basis to private nonprofit organizations which have experience in exchange programs and demonstrate a capacity to carry out such programs in the independent states of the former Soviet Union or in the Baltic States. Sets forth administrative requirements for the Education Exchange Endowment. Title II: Immigration of Highly Skilled Nationals of the Former Soviet Union and the Baltic States - Authorizes the special admission into the United States of up to 20,000 scientists or engineers of the former Soviet Union or Baltic States as employment-based immigrants under the Immigration and Nationality Act. (Waives the U.S. job offer requirement and classifies such aliens as having exceptional ability.) Terminates this program five years after enactment of this title.
Bill· HRH.R. 5338 (102nd)referred
United States · United States Congress · 5 June 1992
Balanced Budget Implementation Act of 1992 - Title I: Repeal of Budget Agreement Enforcement Provisions - Repeals the budget agreement enforcement provisions of the Congressional Budget and Impoundment Control Act of 1974. Title II: Emergency Powers to Eliminate Deficits in Excess of Maximum Deficit Amount - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for enforcement of deficit reduction to balance the Federal budget by the end of FY 1997. Requires enforcement to be implemented through sequestration and revenue surtax (current provisions only require budget enforcement through sequestration). Repeals provisions which govern enforcement of discretionary spending limits and pay-as-you-go through FY 1995. Revises provisions concerning enforcing deficit targets. Requires the President, within 15 calendar days after the Congress adjourns to end a session, to take action to eliminate the excess deficit, if any. Sets forth maximum deficit amounts allowed for FY 1993 through 1997. Reduces such amounts to zero by FY 1997 plus any amount designated to meet a condition of national economic urgency. Requires 60 percent of the excess deficit in a budget year to be eliminated through across-the-board outlay reductions and 40 percent through a revenue surtax. Provides rules for such sequestration process. Revises the timetable and requirements for deficit reduction reports and presidential orders. Requires within-session deficit reduction reports. Revises the list of exempt programs and activities. Exempts from sequestration: (1) all payments from one Federal direct spending budget account to another and certain intragovernmental funds; (2) payment from any revolving fund or trust-revolving fund (or similar activity) that provides deposit insurance or other Government insurance, guarantees, or any other form of contingent liability, to the extent those payments result from contractual or other legally binding commitments; and (3) credit liquidating and financing accounts. Removes the special exemption for railroad retirement benefits, certain veterans programs, payments made for the earned income tax credit, and certain low-income programs. Removes the special exceptions, limitations, and rules with respect to sequestration for: (1) certain automatic spending increases; (2) the guaranteed student loan program; (3) foster care and adoption assistance programs; (4) the Medicare program; (5) community and migrant health centers, Indian health services and facilities, and veterans' medical care; (6) the child support enforcement program; (7) payments and advances for unemployment compensation; (8) the Commodity Credit Corporation; and (9) the jobs portion of Aid to Families with Dependent Children (AFDC). Repeals the provision that requires permanent cancellation of budgetary resources sequestered from any account other than a trust or special fund account. Adds a special rule if the President exempts military personnel from sequestration with respect to further reductions in the appropriate subfunctional category. Repeals provisions concerning: (1) suspension of deficit reduction in the event of war or low economic growth; (2) the President's flexibility in making deficit reductions among defense programs, projects, and activities; (3) the special reconciliation process; and (4) modifications of presidential orders. Sets forth congressional procedures to make available excess budgetary resources and revising maximum deficit amounts whenever the President transmits to the Congress a request to approve a declaration of national economic urgency. Declares the off-budget status of social security trust funds. Title III: Tax Surcharge to Reduce Deficit - Amends the Internal Revenue Code to impose a tax surcharge on the income of every taxpayer if the Office of Management and Budget reports to the Congress and the President that a revenue increase is required. Establishes procedures for determining and administering such surcharge. Repeals such surcharge if the Secretary of the Treasury determines that it is not needed. Title IV: Budget Submitted by the President - Requires the President's budget to ensure that the deficit for such fiscal year does not exceed the maximum deficit amount. Requires the submission of a balanced budget for FY 1997 and subsequent fiscal years. Makes such requirements inapplicable during a request to approve a declaration of national economic urgency. Prescribes the contents of such declaration. Title V: Total of President's Budget Shall Represent Spending Ceiling - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to prohibit the Congress from passing legislation which provides budgetary resources in excess of those proposed in the President's budget. Amends the Congressional Budget and Impoundment Control Act of 1974 to prohibit any concurrent resolution on the budget from exceeding the President's budget. Title VI: Fiscal Year 1993 Deficit Reduction Actions - Requires the President to submit to the Congress a revised budget for FY 1993 to achieve the deficit targets set forth under this Act. Requires the Congress, after receipt of the President's budget, to report revised concurrent resolutions for FY 1993 to achieve such deficit targets.
Bill· HRH.R. 5325 (102nd)referred
United States · United States Congress · 4 June 1992
Action Now Health Care Reform Act of 1992 - Title I: Improved Access to Affordable Health Care Coverage - Subtitle A: Increased Affordability and Availability for Employees - Directs the Secretary of Health and Human Services (the Secretary) to request the National Association of Insurance Commissioners (the NAIC) to develop model regulations requiring each carrier that makes available in a State any small employer health benefit plan to make available to each small employer in the State a MedAccess basic plan and a MedAccess standard. Directs the Secretary to develop such regulations, if the NAIC does not. Defines MedAccess plan as a health benefits plan that: (1) provides benefits typical of the benefits offered in the small employer health coverage market or provides only benefits for essential preventive and medical services and has an average actuarial value not exceeding 60 percent of the average actuarial value of the typical benefits offered in the small employer health coverage market; (2) accepts every small employer in the State applying for coverage and accepts for enrollment every eligible individual (defined as an individual who is a full-time employee and, if family coverage is offered, covers the employee's spouse and dependents under age 19 or under age 25 for students); and (3) meets consumer protection standards established by this Act relating to limitation of pre-existing condition clauses, continuity of coverage, renewability, and premium limitations. Prohibits the imposition, by a carrier, of a limitation of benefits based on the fact a condition pre-existed the effectiveness of the policy if: (1) the condition relates to a condition not diagnosed within three months before coverage under the plan; (2) the limitation extends beyond six months after coverage under the plan; (3) the limitation applies to an individual who, as of date of birth, was covered under the plan; and (4) the limitation relates to pregnancy. Requires continuous coverage. Prohibits cancellation of a plan or denial of coverage unless there is: (1) nonpayment of premiums; (2) fraud; (3) noncompliance with plan provisions; (4) failure to maintain the required number of enrollees; (5) misuse of a provider network provision; or (6) a cessation by the carrier of the provision of any plan in a State. Amends the Internal Revenue Code to impose an excise tax which shall be paid by the carrier on the failure of a carrier or an employer health benefit plan to comply with the provisions of the Act. Directs the Secretary to request the NAIC to develop models for reinsurance or allocation of risk mechanisms for individuals and small employers who are enrolled under a small employer health benefit plan that meets the consumer protection standards and for whom a carrier is at risk of incurring high costs under the plan. Requires each State to establish and fund one or more reinsurance or allocation or allocation of risk mechanisms that are consistent with a model. Directs the Secretary to develop models, if the NAIC does not. Permits a State, in order to insure the financial solvency of the mechanism, to impose charges on any entity providing employee-related health benefits, so long as such charges do not discriminate with respect to entities that would not be subject to such charges. Directs the Secretary to establish a reinsurance or allocation of risk mechanism, if a State does not. Imposes an excise tax which shall be paid by the carrier on the providing of any health benefit plan which covers any employee in a Federal reinsurance State. Permits either a State or the Secretary (in a Federal reinsurance State) to require each employer health benefit plan to: (1) be registered; and (2) provide such information as is necessary for the reinsurance or allocation of risk mechanisms. Directs the Secretary to: (1) establish an Office of Private Health Coverage to be headed by a Director appointed by the Secretary; and (2) provide for the appointment of an advisory committee to advise the Director. Permits the Director to research the impact of this subtitle and conduct related demonstration projects. Requires the Director to develop: (1) methods of measuring, in terms of the expected costs of providing benefits under small employer health benefit plans and, in particular, MedAccess plans, the relative health risks of eligible individuals; and (2) a model for equitably distributing health risks among carriers in the small employer health care coverage market. Authorizes appropriations for the purposes of this paragraph. Subtitle B: Improved Small Employer Purchasing Power of Affordable Health Insurance - Preempts from insurance mandates a qualified small employer purchasing group, if the group consists of employers with not more than 100 employees, the group consists of not fewer than 100 employers, and the health benefit plans with respect to the employer members are in compliance with applicable State laws relating to health benefit plans. Subtitle C: Health Deduction Fairness - Amends the Internal Revenue Code to make permanent and increase from 25 to 100 percent the health insurance tax deduction for the self-employed. Subtitle D: Improved Access to Community Health Services - Directs the Secretary to provide for a program of grants to migrant and community health centers receiving grants or contracts under provisions of the Public Health Service Act in order to promote the provision of primary health care services for underserved individuals. Authorizes appropriations. Amends the Public Health Service Act to deem as an employee of the Public Health Service, for purposes of civil actions against commissioned officers or employees, any officer, employee, or contractor who is a physician or other licensed health care practitioner while performing functions for an entity receiving Federal funds under provisions of the Public Health Service Act. Requires an entity, in order to receive a grant under such provisions, to implement certain policies to assure against malpractice. Requires: (1) the Attorney General to estimate the amount of all claims expected, during each year, to arise against such an entity from acts of officers or employees; (2) the Secretary to withhold from grants to such entities the amount estimated; and (3) the withheld amount to be transferred to the Treasury to pay judgments against the United States arising from such claims. Directs the Secretary to make grants to public and nonprofit private entities to carry out demonstration projects for the purpose of increasing access to outpatient primary health services in geographic areas with a: (1) population of not more than 500,000 individuals; (2) shortage of personal health services; and (3) significant number of low-income or underinsured individuals. Sets forth requirements for receiving such grants. Authorizes appropriations. Subtitle E: Improved Access to Rural Health Services - Retitles title XII of the Public Health Service Act "Emergency Medical Services" (formerly, "Trauma Care") and directs the Secretary to establish the Office of Emergency Medical Services which shall, with respect to emergency medical services (including trauma care): (1) conduct research; (2) sponsor workshops; (3) assist States; and (4) coordinate activities. Authorizes the Secretary to make grants to States for the purposes of improving the availability and quality of emergency medical services through the operation of State offices of emergency medical services. Sets forth matching fund requirements. Provides for demonstration projects to establish telecommunications between rural medical facilities and other medical facilities that have equipment that can be utilized through telecommunications. Authorizes appropriations for purposes of the programs of this paragraph. Directs the Secretary to make grants to States to assist in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas access to treatments for the injuries or other conditions arising from such emergencies. Sets forth requirements for grant applications. Authorizes appropriations. Amends title XVIII (Medicare) of the Social Security Act to extend for one year special treatment rules for Medicare-dependent small rural hospitals. Title II: Health Care Cost Containment and Quality Enhancement - Subtitle A: Medical Malpractice Liability Reform - Prohibits bringing a medical malpractice claim: (1) more than two years after the alleged injury should reasonably have been discovered and in no event more than four years after the alleged injury occurred; and (2) in any State court unless there has been an initial resolution through a certified alternative dispute resolution system (ADR). Requires the use of ADR in a Federal medical malpractice liability claim. Requires a pre-trial settlement conference in any medical malpractice liability action. Sets limits on: (1) noneconomic damages; (2) punitive damages; and (3) attorney's fees. Requires offsets for damages paid by a collateral source. Requires liability in a medical malpractice action to be several and not joint. Provides a complete defense to any allegation of negligence in a medical malpractice liability action to any defendant who followed the appropriate practice guideline. Prohibits finding a defendant guilty in a medical malpractice liability action relating to services provided during labor or delivery of a baby if the defendant did not previously treat the plaintiff during the pregnancy, unless the malpractice is proven by clear and convincing evidence. Directs the Secretary to determine whether a States' ADR meets ADR system requirements established by this Act. Establishes such requirements. Amends title XI (General Provisions and Professional Standards Review) of the Social Security Act to earmark funds for sanctioning practice guidelines for purposes of an affirmative defense in medical malpractice liability actions. Permits a State agency responsible for the conduct of disciplinary actions for a type of health care practitioner to enter into agreements with State or county professional societies for such type of health care practitioner to permit such societies to participate in the licensing of such health care practitioner and to review health care malpractice allegations. Requires each State to require each health care professional and provider to participate in a risk management program to prevent and provide early warning of practices which may result in injuries to patients or which otherwise endanger patient safety. Directs the Secretary to make grants for the conduct of basic research in the prevention of and compensation for injuries resulting from health care professional or health care provider malpractice, and research of the outcomes of health care procedures. Authorizes appropriations. Directs the Secretary to study the factors discouraging physicians from volunteering to provide health care services in medically underserved areas. Subtitle B: Administrative Cost Savings - Directs the Secretary to adopt standards relating to each of the following: (1) data elements for use in claims processing under health benefits plans; (2) uniform claim forms; and (3) uniform electronic transmission of the data elements. Authorizes the Secretary to require providers to submit claims to health benefit plans in accordance with such standards. Provides for periodic review of the standards. States that the term "health benefit plan," in this subtitle, includes the Medicare and Medicaid programs (titles XVIII and XIX of the Social Security Act). Requires the Secretary to promulgate standards for hospitals concerning electronic medical data. Permits the Secretary to promulgate standards concerning electronic medical data for providers that are not hospitals. Requires hospitals, in order to participate in Medicare, to: (1) maintain clinical data in a set of comprehensive data elements in electronic form on all patients; and (2) upon the Secretary's request, transmit electronically the data set and any data from such set. Provides for electronic transmission to Federal agencies. Prohibits a health benefit plan, if standards with respect to data elements are promulgated with respect to a class of provider, from requiring for the purpose of utilization review or as a condition of providing benefits under the plan that a provider in the class: (1) provide any data element not in the set of comprehensive data elements; or (2) transmit or present any such data element in a manner inconsistent with applicable standards. Directs the Secretary to establish an advisory commission of hospital executive and data base managers, physicians, health services researchers, and technical experts in the collection and use of data and operation of data systems. Authorizes appropriations for such commission. Requires the Secretary, in order to assure the availability of comparative value information to purchasers of health care in each State, to determine whether each State is developing and implementing a health care value information program that meets stated criteria. Permits grants to a State for the development of its health care value information program. Authorizes appropriations for such grants. Requires the head of each Federal agency with responsibility for the provision of health insurance or health care services to individuals to promptly develop health care value information relating to each program that such head administers. Directs the Secretary to develop model systems to facilitate: (1) the gathering of data on health care cost, quality, and outcome; and (2) analyzing such data to permit the valid comparison of such data. Authorizes appropriations for the development of such model systems. Directs the Secretary to adopt standards relating to the design and use of magnetized Medicare identification cards for the purpose of assisting health care providers in determining eligibility and billing. Authorizes appropriations. Nullifies any State law requiring that medical or health insurance records be maintained in written rather than electronic form. Requires each health benefit plan: (1) for each of its beneficiaries that has a social security number, to use that number as an identification number for claims processing; and (2) for each provider that has a unique identifier for Medicare purposes, to use that identifier for claims processing. Requires the Secretary to determine whether problems relating to the rules for determining liability when benefits are payable under two or more plans or the availability of information among such plans causes significant administrative problems, and if so, directs the Secretary to promulgate standards concerning liability and the transfer of information among plans. Directs the Secretary to provide grants to qualified entities to demonstrate the application of comprehensive information systems in continuously monitoring patient care and in improving patient care. Authorizes appropriations from the Federal Hospital Insurance Trust Fund. Subtitle C: Medical Savings Accounts (Medisave) - Amends the Internal Revenue Code to exclude from the gross income of an employee any amount contributed by the employer to a medical savings account pursuant to a qualified medical savings account plan. Sets contribution limits. Defines a "medical savings account" as a trust created exclusively for purpose of paying an individual's medical expenses. Permits expenses from such account only to the extent such amounts are not compensated for by insurance. Subjects the employee to taxation as owner of the account. Subtitle D: Medicaid Program Flexibility - Amends title XIX (Medicaid) of the Social Security Act to modify Medicaid contracting requirements for coordinated care services. Authorizes the Secretary to waive specified Medicaid requirements with respect to nursing facilities located in a State if the State provides assurances satisfactory to the Secretary that the waiver of such requirements will not adversely affect the quality of life of the residents in such facilities. Subtitle E: Limitations on Physician Self-Referrals - Amends title XVIII (Medicare) of the Social Security Act to extend physician self-referral limitations to all payors as well as to certain additional services. Revises exceptions. Requires the Secretary to conduct a study in order to estimate the changes in aggregate costs for designated health services, under the Medicare program and other health plans, which will result from the implementation of the amendments made by this subtitle. Subtitle F: Removing Restrictions on Managed Care - Preempts managed care restrictions under State law. Requires the Comptroller General to conduct a study of the benefits and cost effectiveness of the use of managed care in the delivery of health services. Subtitle G: Medicare Payment Changes - Amends the Medicare program to make revisions in the methodology for determining updates to Medicare hospital payments. Provides for a reduction in Medicare payment for clinical diagnostic laboratory tests. Subtitle H: Modification of the Operation of the Antitrust Laws to Hospitals - Permits two or more hospitals, without violating the antitrust laws, to share expensive medical services or high technology equipment. Directs the Secretary to grant waivers to exempt hospitals from the antitrust laws in order to carry out agreements permitting such sharing. Sets forth reporting requirements. Subtitle I: Encouraging Enforcement Activities of Medical Self-Regulatory Entities - Prohibits damages, interest on damages, costs, or attorney's fees from being recovered under the Clayton Act or any similar State law from any medical self-regulatory entity as a result of engaging in standard setting or enforcement activities designed to promote the quality of health care provided to patients.
Bill· HRH.R. 5313 (102nd)referred
United States · United States Congress · 3 June 1992
Anti-Drug Abuse Act of 1992 - Title I: International Efforts to Reduce Illegal Drug Production and Drug Trafficking - Expresses the sense of the Congress that the President should direct the Secretary of State to negotiate with the Governments of Canada and Mexico for the establishment of a North American Narcotics Council which would explore ways and means of facilitating the exchange of information (both in antinarcotics efforts and in substance abuse reduction and education programs), increasing cooperation in antinarcotics efforts, and improving efforts to supply assistance to source and trafficking countries, and reducing through other areas and programs the demand for and supply of illicit narcotics and psychotropic substances. Requires the President to submit to the Congress, for each fiscal year in which the United States participates in the Council, a budget request to cover the expenses of such participation. Sets forth provisions for the appointment of a permanent U.S. representative and congressional advisors to the Council, provisions for termination of such Council, and reporting requirements. Requires the President, with respect to each year after 1992, to determine whether: (1) there was a reduction in the quantity of illicit coca produced or in illicit coca activities in Bolivia, Colombia, and Peru; and (2) any reduction is attributable to the implementation of social or economic alternatives in such countries. Authorizes the President, if an affirmative determination with respect to such a country is made and the Congress enacts a law approving it, to apply special trade treatment to articles that: (1) are products of such country; and (2) are entered or withdrawn from warehouse for consumption in U.S. customs territory in the year following the year such determination was made. Specifies that if the granting of such special trade treatment would violate the General Agreement on Tariffs and Trade, provisions of this Act shall be inapplicable until the President obtains a waiver of the provision which is the basis for such violation. Prohibits such special treatment if specified actions under the Narcotics Control Trade Act are in effect with respect to such country or if such treatment is restricted under countervailing duties or trade dumping regulations. Authorizes appropriations for additional economic assistance grants for the Governments of Bolivia and Peru, to be made available only after consummation of a written agreement between such governments and the United States outlining specific, verifiable illicit coca eradication plans resulting in a 50 percent eradication of the illicit coca crop by the end of FY 1994, and a 100 percent eradication by the end of FY 1997. Requires the Secretary of State to negotiate such bilateral agreements on behalf of the United States and to have primary responsibility for verifying the actual eradication of illicit coca in Bolivia and Peru. Authorizes the use of funds under the Foreign Assistance Act of 1961 (FAA) and the Arms Export Control Act (AECA) for training and equipment for law enforcement agencies or other units in Colombia, Bolivia, and Peru that are organized for the specific purpose of enforcing narcotics laws. Waives, during FY 1992 through 1994, specified provisions limiting assistance to countries in default on obligations owed to the United States with respect to narcotics-related assistance under the FAA or AECA for a country that is a "major illicit drug producing country" because of its coca production. Amends the FAA to: (1) authorize funding for the procurement of weapons or ammunition to arm, for defensive purposes, aircraft that are leased or loaned by the United States and used in narcotics control eradication or interdiction efforts and persons participating in such efforts; (2) make an exception to the withholding of assistance for major illicit drug producing or drug-transit countries where such action would be contrary to the national interest of the United States; (3) authorize the President to provide aircraft on a sale or grant basis for anti-narcotics activities if he determines that it would be in the national interest to do so and reports the determination and the terms of the proposed sale or grant to the Congress; (4) authorize Bolivia and Peru to have U.S. military personnel strengths larger than six to carry out international security assistance programs; and (5) make certain certification procedures under such Act inapplicable to certain major drug-transit countries if the President certifies that such countries meet specified requirements in making progress towards narcotics control. Amends the Export-Import Bank Act of 1945 to: (1) make certain restrictions under such Act and under the AECA inapplicable to sales of defense articles or services made on or before September 30, 1994 (currently, 1990); and (2) revise the definition of the term "defense articles and services" to conform to that under the AECA. Expresses the sense of the Congress that the Secretary of the Treasury shall instruct the U.S. Executive Directors of the International Bank of Reconstruction and Development, the International Development Association, and the Inter-American Development Bank to use the vote and influence of the United States to promote development projects in the Andean region consistent with U.S. anti-narcotics objectives. Establishes an Interagency Task Force on Combatting Illicit Narcotics and an Interagency Task Force on Money Laundering. Authorizes the Attorney General to assist major illicit drug producing and drug-transit countries in adopting national legislation to accommodate treaties on mutual assistance in criminal matters and on extradition and to provide technical assistance and advice aimed at strengthening the judicial, legal, and law enforcement systems of such countries. Expresses the sense of the Congress that: (1) the United States should support the actions of Latin American jurists in prosecuting drug criminals; and (2) the President should take steps to convene an international judicial conference for the purposes of emphasizing worldwide support for prosecuting drug traffickers and enabling senior judicial officials to exchange information on antinarcotic laws and statutes. Authorizes appropriations for military and law enforcement assistance and training to eligible countries for controlling illicit narcotics production and trafficking. Urges the executive branch to: (1) coordinate closely with all allies in the Western Hemisphere dedicated to countering the threat of drug trafficking; and (2) explore the possibility of undertaking joint military and intelligence operations with other countries of the Western Hemisphere. Directs the Attorney General to enter into negotiations with law enforcement officials of each foreign country with jurisdiction over companies that manufacture, market, sell, or purchase precursor or essential chemicals used in the illicit manufacture of controlled substances, with priority given to countries knowingly or unknowingly supplying such chemicals, to: (1) establish a list of such chemicals; (2) achieve international agreement on a method for maintaining records of transactions of such chemicals; (3) establish a procedure by which such records may be made available to U.S. law enforcement authorities; and (4) encourage source countries to enact national chemical control legislation. Requires the President to impose sanctions (such as barring transactions within the interstate or foreign commerce of the United States) on any company or other entity that refuses to maintain records to monitor and regulate transactions of listed precursor chemicals or that refuses to make such records available to U.S. law enforcement authorities for investigative purposes. Authorizes and directs the Attorney General to conduct research into additives and other means which would render precursor and essential chemicals useless in the production and manufacture of illegal drugs but that would not affect the legitimate commercial uses of such chemicals. Authorizes appropriations. Requires the Secretary of Defense to: (1) transfer four AH-1J helicopters to the Government of Colombia for anti-drug interdiction operations; and (2) make available sums for the training of Colombian personnel by Department of Defense (DOD) personnel in the operation, maintenance, logistics support, and deployment of such helicopters. Urges the Secretary of State to fully consider and implement proposals from U.S. allies for combatting illicit narcotics, including cooperation in law enforcement, interdiction, prevention, treatment, and research. Title II: Interdiction - Subtitle A: Department of State - Authorizes appropriations for the procurement of UH-1 helicopter upgrade improvement kits to enhance the performance of such helicopters used in drug interdiction operations in major drug transit countries. Subtitle B: Customs Service - Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize appropriations for additional canine enforcement teams and research and development and to increase the number of full-time Customs Service inspectors deployed at ports of entry under the contraband inspection program. Subtitle C: Defense - Authorizes appropriations for the Army National Guard to upgrade surveillance helicopters. Provides for: (1) the deployment of such helicopters by Guard units of Arizona, California, New Mexico, and Texas to support interdiction operations carried out by civilian law enforcement agencies; and (2) coordination with specified agencies. Authorizes appropriations to DOD for airborne early warning surveillance (AEW) aircraft. Authorizes the Secretary of Defense to make the P-3 AEW aircraft available to the Customs Service. Subtitle D: Making Drug-Related Intelligence a Level-One Intelligence Priority - Calls for the U.S. intelligence community to devote greater resources to intelligence activities relating to international drug production and trafficking. Urges the Director of Central Intelligence (DCI) to: (1) make support of anti-drug efforts a Level One Priority in his National Foreign Intelligence Strategy; (2) reflect such priority in the National Foreign Intelligence Program; and (3) include in his next National Foreign Intelligence Budget a separate and detailed request for funds necessary to make such activities a Level One Priority. Expresses the sense of the Congress that the DCI should expand resources devoted to human intelligence directed against international drug trafficking, particularly with respect to law enforcement operations along the U.S. border. Subtitle E: Preventing Drug Traffickers From Entering the United States Using Fraudulent Immigration Documents - Directs the Secretary of State and the Attorney General to: (1) establish a program under which applicants for entry into the United States shall be required to submit fingerprints at the time of application and to be checked against records of the Federal Bureau of Investigation (FBI), the Immigration and Nationalization Services (INS), and other U.S. agencies to ensure that the applicant has not submitted fraudulent documentation or is not otherwise excludable under U.S. immigration laws; (2) implement such program in two phases, including a two-year pilot program for applicants from major drug-producing or transit countries (phase I) and implementation over the next three years and expansion to all alien applicants requesting entry into the United States (phase II); and (3) conduct a comprehensive review and evaluation of such program and submit specified reports to the Congress. Subtitle F: Situational Awareness Technology - Makes certain funds authorized to be appropriated for Research, Development, Test, and Evaluation, Air Force, available for continued development of situational awareness technology for military and civilian drug interdiction applications. Title III: Law Enforcement - Subtitle A: State and Local Law Enforcement Assistance - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to authorize appropriations for the Drug Control and System Improvement Grant Program. Subtitle B: Interstate Transportation for Purposes of Drug Activity - Amends the Controlled Substances Act (CSA) to prohibit the transport in interstate or foreign commerce of a person for the purpose of engaging in the growing, harvesting, manufacture, distribution, or dispensing of a controlled or counterfeit substance. Subtitle C: Drug-Free School Zones - Directs the Attorney General to develop a model program of strategies and tactics for establishing and maintaining drug-free school zones which provide State and local law enforcement agencies with materials, training, and other assistance to establish, enforce, and evaluate the effectiveness of drug-free school zone enforcement efforts. Delineates criteria for such model program, including defining the criminal justice community's role in creating and maintaining such zones, developing a framework for law enforcement collaboration with the school system and community resource network, providing materials and technical assistance for demarcating and establishing such zones, and creating a uniform framework for monitoring and evaluating their effectiveness. Authorizes appropriations. Subtitle D: Drug Testing of Defendants on Probation or Supervised Release - Amends the Federal criminal code to require: (1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of criminal defendants on supervised release; and (2) the chief probation officer in each district to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release of a defendant involving a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. Sets limitations on the authority to require such tests and to take action against a defendant based on test results. Subtitle E: Civil Forfeiture - Eliminates a restriction on the disposal of judicially forfeited property by the Secretary of the Treasury and the Postal Service. Subtitle F: Authorization of Appropriations - Authorizes appropriations, to carry out the activities of the Department of Justice (DOJ), for: (1) the hiring of additional personnel for the U.S. Attorney's office, and for additional agents of the FBI; (2) the Drug Enforcement Administration (DEA); (3) the States, under the formula grant program administered by the Office of Justice Programs, for rural drug enforcement; (4) State and local multi-agency tactical narcotics teams in high intensity drug areas; (5) the establishment by DEA of a foreign precursor chemical program; (6) the establishment and operation of a national drug and related crime tip hotline; and (7) the INS. Authorizes appropriations, to carry out the activities of the Department of the Treasury, for: (1) the Bureau of Alcohol, Tobacco, and Firearms; (2) the Federal Law Enforcement Training Center; and (3) the U.S. Customs Service. Subtitle G: Regional Prisons - Authorizes appropriations for the construction and operation of ten regional prisons for State and Federal prisoners found to have substance abuse problems requiring long-term treatment to be located in places chosen by the Director of National Drug Control Policy. Sets forth requirements regarding prisoner eligibility, State responsibilities with respect to such prisons, and the powers of the Director of the Bureau of Prisons. Subtitle H: Victims of Child Abuse Act of 1992 - Victims of Child Abuse Act of 1992 - Chapter 1: Drug-Related Child Abuse; Habitual Child Abuse Offense - Amends the Federal criminal code to make it a felony to commit a crime of violence against a person under age 18 if the offense was committed as part of a violation of the CSA or the Controlled Substances Import and Export Act. Requires the Attorney General to amend the United States Attorneys' Manual to reflect the intent of the Congress that Federal prosecution occur only in egregious cases of drug-related abuse and neglect. Requires the United States Sentencing Commission to promulgate guidelines to provide that a defendant convicted of such an offense, who has previously been convicted on two separate occasions of a sexual offense or crime of violence in which the victim was under age 18, shall receive the maximum punishment authorized by law. Chapter 2: Improving Investigation and Prosecution of Child Abuse Cases - Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to develop multidisciplinary child abuse investigation and prosecution programs. Enumerates program criteria, including requirements identifying a neutral site for counseling child victims of sexual and serious physical abuse and neglect, referring cases to such counseling center within 24 hours, minimizing the number of interviews the child victim must attend, requiring that all interviews and meetings with a child victim occur at the counseling center, designating a director for the multidisciplinary program, and assigning volunteers or staff advocates to each child's family. Requires the Administrator to make grants to provide technical assistance and training to attorneys and others instrumental to the criminal prosecution of child abuse cases in State or Federal courts. Authorizes appropriations. Chapter 3: Court-Appointed Special Advocate Program - Requires the Administrator to: (1) make grants to expand the court-appointed special advocate program; (2) establish criteria to be used in evaluating grant applications, which shall include a program providing screening, training, and supervision of court-appointed special advocates. Authorizes appropriations. Chapter 4: Child Abuse Training Programs for Judicial Personnel and Practitioners - Requires the Administrator to provide technical assistance and training to judicial personnel and attorneys to improve the judicial system's handling of child abuse and neglect cases and provide administrative reform in juvenile and family courts. Subtitle I: Rural Drug Enforcement - Rural Drug Enforcement Act - Requires the Director of National Drug Control Policy to designate a Rural Drug Policy Coordinator to examine the special needs of rural areas in drug interdiction and coordinate the drug interdiction efforts of Federal agencies in such areas. Amends the Omnibus Act to set aside specified sums for rural areas. Directs the Attorney General to assign for any rural State that is currently assigned less than ten drug enforcement agents not less than four additional special agents. Directs the Secretary of the Treasury to develop a drug interdiction training program for law enforcement officers in rural areas. Authorizes appropriations. Title IV: Prevention, Treatment, and Education - Subtitle A: Drug Testing - Quality Assurance in the Private Sector Drug Testing Act of 1992 - Prohibits any employer engaged in commerce from refusing to hire an applicant, taking adverse action against an employee, or discharging an employee on the basis of the results of a drug test administered to the applicant or employee unless such test was conducted by a laboratory which: (1) meets guidelines prescribed by the Secretary of Health and Human Services; (2) requires a confirmatory test when an initial screening test is positive; and (3) provides guidelines to the employers on procedures for the collection of specimens to be tested and the chain of custody. Subjects an employer who takes any such action on the basis of a drug test result conducted by a laboratory which does not meet such requirements to a civil penalty of $10,000. Subtitle B: Miscellaneous Provisions - Amends the Public Health Service Act (PHSA) to require the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA) to make grants and enter into contracts and cooperative agreements to provide clinical training in alcohol and drug abuse and to develop curricula and materials for such training. Authorizes appropriations. Increases the ADAMHA block grant authorization. Authorizes the use of ADAMHA block grant funds for alcohol abuse and drug addiction treatment services in State or local correctional facilities. Requires the State, as a condition on the receipt of Federal funds, to maintain State expenditures for drug abuse-related services at a level equal to not less than the average amount of such expenditures for the preceding two years. Requires States to develop and submit to the Secretary annually for review and approval a Statewide Drug Treatment Plan. Requires the Director of the Office for Substance Abuse Prevention, in making grants for model projects for pregnant and post-partum women and their infants, to give priority to projects that will provide treatment services and that include specified programs including outreach services, child care, transportation, and other support services, case management services, and any other services that will tend to improve pregnancy outcomes, reduce substance abuse among women of childbearing age, and increase the stability of the family home environment. Bars the Director from making such grants unless specified conditions are met, such as the applicant's agreeing to provide the health service directly, that any charge imposed be according to a schedule of charges made available to the public and be adjusted to reflect the recipient's income and resources, and that no charge be imposed upon any women with an income less than 100 percent of the official poverty line. Authorizes appropriations. Establishes in ADAMHA the Office for Treatment Improvement (Treatment Office) to: (1) collaborate with the Director of the Office for Substance Abuse Prevention and the Director of the National Institute on Drug Abuse (NIDA); (2) evaluate State plans and carry out programs under existing provisions; (3) train providers of prehospital emergency medical services; (4) conduct or support described programs; and (5) take other actions with regard to treatment. Authorizes appropriations. Establishes within the General Accounting Office a Special Panel on Evaluation of Drug Prevention, Education, and Treatment Programs. Authorizes appropriations. Requires the Director of the Treatment Office to establish programs to provide grants to: (1) eligible institutions to provide training services to increase the supply of drug treatment professionals; and (2) hospitals, community health centers, and other appropriate entities that serve nonmetropolitan areas to assist in developing and implementing projects (at least one in each State) that provide, or expand the availability of, substance abuse treatment services. Requires the alcohol and drug abuse information clearinghouse required to be established under the PHSA to: (1) gather information pertaining to ADAMHA and other rural drug abuse treatment and education projects operating throughout the United States; and (2) disseminate information to rural hospitals, community health centers, community mental health centers, treatment facilities, community organizations, and other interested individuals. Transfers authority from the Administrator of ADAMHA to the Director of the Treatment Office for an existing grant program for reduction of the waiting period for drug abuse treatment. Removes provisions prohibiting more than one grant for any treatment program. Allows a grantee to spend not more than 50 percent of the grant for follow-up services. Increases the authorization of appropriations. Sets forth reporting requirements. Authorizes appropriations for the Federal Prison System for substance abuse treatment services. Directs the Bureau of Prisons to separate drug-dependent offenders undergoing treatment from the general prison population and avoid returning such offenders to the general prison population after the completion of the treatment program. Requires the Attorney General to: (1) make sums available from appropriations authorized for DOJ to establish a Federal training center to train Federal, State, and local prison officials to develop treatment and rehabilitation programs for drug-dependent prisoners; and (2) require the Director of the prison system to see that no less than 25 percent of all new prison beds at any new prison facility, beginning in FY 1992, include treatment and rehabilitation programs and accommodations for drug-dependent offenders. Requires the Director of the Treatment Office to establish programs to provide grants to public and nonprofit private entities that provide drug treatment services to individuals under criminal justice supervision. Subtitle C: Education and Prevention - - Reauthorizes appropriations under the Drug Free Schools and Communities Act of 1986. Amends such Act to require the Secretary of Education to establish and administer a model program to provide grants to schools and institutions to implement comprehensive drug education programs providing for the establishment of an anti-drug policy, implementation of peer to peer programs that allow children to talk about handling pressures to use and sell drugs, and family and community involvement in drug prevention. Sets forth criteria for grant awards. Authorizes appropriations. Requires such Secretary to expand existing programs at the Department of Education to provide schools with greater access to programs that teach skills in resisting drug abuse and assertiveness training for children in grades kindergarten through 12. Authorizes appropriations. Amends the PHSA to direct the Secretary of Health and Human Services to establish: (1) a program to make grants to eligible institutions that establish or expand drug prevention programs to be comprehensive in nature and to include an anti-drug policy, peer to peer drug abuse programs, and family and community involvement; and (2) a National Substance Abuse Prevention Training Program to make grants to States, local agencies, and community organizations to provide substance abuse prevention training and to coordinate with other community resources and programs. Authorizes appropriations. Directs such Secretary to establish a National Drug Prevention Corps. Authorizes appropriations. Requires the Director of National Drug Control Policy to provide resources to assist members of the motion picture and television industries in the production of programs that carry anti-drug messages. Authorizes appropriations. Expresses the sense of the Congress that: (1) all places of work should be drug-free; (2) corporate America should take an active role in assisting employees with drug-related problems; and (3) employers should take specified steps towards creating a drug-free workplace, such as establishing a clear drug-free policy and establishing an employee assistance plan for substance abusing employees. Directs the Secretary of Labor to: (1) identify 100 major business regions in the United States and contact local chief executive officers in such regions to encourage them to develop in each region a Corporation Against Drug Abuse program; and (2) provide each region with $10,000 to assist such officers in coordinating such program in each region. Amends the Drug-Free Workplace Act of 1988 to include within the drug-free awareness programs for Federal contractors and Federal grant recipients discussions of the dangers and early signs of drug abuse by children. Title V: Department of Defense - Authorizes the Secretary of Defense to plan and execute training missions for the primary purpose of assisting civilian law enforcement agencies in connection with counter-drug activities. Amends the Department of Defense Authorization Act of Fiscal Years 1990 and 1991 to authorize the Secretary to transfer excess communications equipment to civilian law enforcement agencies of foreign countries to assist in counter-drug activities. Authorizes the President to lease excess engineering equipment in the inventory of DOD to foreign governments to assist in anti-drug activities or in the development of their infrastructure at nominal or no cost to such governments. Authorizes the Secretary to make available logistic support to any major illicit drug producing country which has been transferred excess defense articles. Allocates funds appropriated for such support. Title VI: Sanctions for Failure to Land or to Bring To - Makes it unlawful for the pilot, operator, or other person in charge of an aircraft subject to U.S. jurisdiction to refuse to obey the order of an authorized Federal law enforcement officer to land in cases involving enforcement of controlled substances or money laundering laws. Sets forth analogous provisions with respect to vessels. Establishes penalties for violation of such provisions. Specifies that any vessel or aircraft used in such a violation may be seized and forfeited. Amends the Federal Aviation Act of 1958 to require: (1) revocation of the registration certificate of an aircraft that refuses to land when ordered to do so by a law enforcement officer; and (2) the Administrator of the Federal Aviation Administration to establish procedures for the owner of the aircraft to show cause why the registration should not be revoked or why it would be in the public interest to issue a new certificate of registration to be effective concurrently with the revocation which occurred by operation of law. Authorizes the Coast Guard to issue orders and make inquiries, searches, seizures, and arrests with respect to violations of U.S. laws occurring aboard any aircraft over the high seas and waters over which the United States has jurisdiction. Specifies the method by which orders to land an aircraft must be communicated. Establishes a civil penalty for failure to comply with a lawful boarding or order to land. Amends the Tariff Act of 1930 to: (1) authorize U.S. Customs officers to exercise their enforcement authority outside of the United States, including any location in which Customs officers are permitted to conduct inspections, examinations, or searches; and (2) provide civil penalties for failure of an aircraft to comply with Customs officer orders to land or bring to and Tariff Act provisions regarding the boarding of vessels. Title VII: Protection of Witnesses, Jurors, and Court Officers - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. Title VIII: Narcotics-Related Public Corruption - Specifies that any: (1) public official who corruptly demands, seeks, or accepts anything of value in return for being influenced in the performance or non-performance of an official act or influenced to commit or aid in committing any Federal or State offense shall be guilty of a class B felony; and (2) person who corruptly gives, offers, or promises anything of value to a public official (or offers to give anything of value to any other person) with intent to influence any official act or to influence such public official to commit a Federal or State offense or to do or omit any act in violation of such official's lawful duty shall be guilty of a class B felony. Authorizes funding for undercover operations by the Department of the Treasury. Title IX: Asset Forfeiture and Money Laundering - Makes technical and conforming amendments to the CSA, Federal criminal code, and Tariff Act. Title X: Miscellaneous - Adds certain cocaine and drug conspiracy and attempt offenses committed by juveniles to the list of crimes authorizing prosecution as an adult if the Attorney General certifies that there is a substantial Federal interest in the case that justifies adult prosecution. Authorizes the disclosure of cable television subscriber information to a Federal grand jury. Amends the Anti-Drug Abuse Act of 1988 to permit an arrest warrant to be issued for a foreign fugitive about to enter the United States. Title XI: High Priority Research Areas - Subtitle A: General Provisions - Expresses the sense of the Congress that the Medications Development Division of NIDA shall devote special attention and resources to achieving the development of a methadone alternative, a long-acting narcotic antagonist, a cocaine blocking treatment, a cocaine blocker/narcotic antagonist treatment, medications to treat addictions to methamphetamine, and medications to treat pregnant addicts and their fetuses. Requires: (1) the Director of the Division to establish a panel of independent experts in the field of pharmacotherapeutic treatment of drug addiction to assess the national strategy for developing such treatments and make appropriate recommendations; and (2) the Surgeon General of the United States to submit to the appropriate congressional committees a report setting forth recommendations of such panel and assessing the progress of the Nation toward development of safe, efficacious pharmacological treatments for drug addiction. Subtitle B: Counter-Narcotics Technology Assessment Center - Counter-Narcotics Technology Act of 1992 - Amends the Anti-Drug Abuse Act of 1988 to establish within the Office of National Drug Control Policy (ONDCP) the Counter-Narcotics Technology Assessment Center, to operate under the general authority of the Deputy Director for Supply, ONDCP, to serve as the central counter-narcotics enforcement research and development organization of the U.S. Government. Requires that there be at the head of the Center the Chief Scientist of Counter-Narcotics Technology. Requires, beginning with the FY 1992 budget, that the Director of National Drug Control Policy submit a separate appropriations request for expenses relating to all Federal agencies for counter-narcotics enforcement research and development programs. Establishes a national counter-narcotics technology account. Requires such appropriations to be made to the account for the Director to make reimbursements to the involved agencies. Authorizes appropriations. Subtitle C: National Drug Abuse Epidemiology - Amends the PHSA to require the Secretary of Health and Human Services to establish a National Drug Intelligence Epidemiology System to: (1) conduct research and provide documentation on the leading drug abuse indicators, such as drug-related emergency room visits, deaths, and drug treatment admissions; (2) publish data concerning such indicators on a quarterly basis; and (3) distribute publications concerning such information to medical professionals, police agencies, and others involved in anti-drug efforts. Authorizes appropriations. Requires the Secretary to establish a National Drug Abuse Report Card to: (1) collect research on such indicators; (2) characterize the statistics compiled by age, ethnic, and gender groups, by regional variations, and by at-risk groups; (3) include estimates of drug use among previously under-surveyed groups; and (4) publish and distribute reports on a quarterly basis. Authorizes appropriations. Subtitle D: Land-Based Drug Interdiction Technology - Requires: (1) the Director of the U.S. Border Patrol to make certain sums available to accelerate the development of new technologies for land-based drug interdiction systems to be deployed along the U.S.-Mexican border to monitor narcotics trafficking activity, and to have such technology available for deployment by June 1, 1993; and (2) the Attorney General to ensure that the development of such technology is included in any comprehensive plan for utilizing existing research and development facilities of specified Federal agencies to carry out their anti-drug missions. Title XII: Appropriations - Provides for a reduction in amounts available for Government travel to cover the cost of any additional outlays resulting from this Act, with exceptions.
Bill· SS. 2800 (102nd)referred
United States · United States Congress · 2 June 1992
Amends the Immigration Act of 1990 to: (1) increase the number of immigrant visas available to nationals of adversely affected foreign states; and (2) extend such admissions category through FY 1996.
Bill· HRH.R. 5275 (102nd)referred
United States · United States Congress · 27 May 1992
Declares a named individual to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.
Law· HRH.R. 5260 (102nd)enacted
United States · United States Congress · 26 May 1992
Unemployment Compensation Amendments of 1992 - Title I: Extension of Emergency Unemployment Compensation Program - Amends the Emergency Unemployment Compensation Act of 1991 (Public Law 102-164, as amended) to extend the emergency unemployment compensation (EUC) program. Changes the EUC program termination date (currently July 4, 1992) to the earliest of: (1) April 1, 1993; (2) the first day of the third month after the first month (after June 1992) for which the applicable unemployment rate is less than six and one-half percent; or (3) the first day of the first month (after June 1992) for which the applicable unemployment rate is less than six percent. Makes the applicable unemployment rate for any month, for such purposes, the average rate (seasonally adjusted) of total unemployment in all States for the most recent three calendar months for which data are published before the beginning of such month. Provides for specified reductions of benefits during periods after June 13, 1992, and after December 31, 1992 (or three months prior to any earlier termination date for the program than April 1, 1993). Provides, therefore, up to : (1) 33 weeks of EUC benefits in certain high-unemployment States and 26 weeks in all other States, respectively, for claimants prior to June 14, 1992; (2) 26 or 20 weeks, respectively, for new claimants on or after such date; and (3) 13 or 10 weeks, respectively, for new claimants on or after January 1, 1993 (or any earlier date for the final three-month phaseout). Provides for up to three months continuation of EUC benefits for certain individuals receiving such benefits for a week during which such termination date occurs. Modifies EUC eligibility requirements to: (1) make a 20-week work requirement inapplicable; (2) provide that an individual is not ineligible by reason of subsequent entitlement to regular benefits; and (3) provide certain transition rules, including a waiver of recovery of certain overpayments and an option to defer rights to certain regular benefits. Provides, under specified conditions, that certain Persian Gulf Crisis reservists may receive an EUC weekly benefit amount equal to that they were receiving under the regular State unemployment compensation program when they were called to active duty. Title II: Modifications to Extended Benefits Program - Amends the Federal-State Extended Unemployment Compensation Act of 1970 to modify trigger provisions for the extended benefits (EB) program. Provides for an EB State "on" indicator for a month if the average rate of total unemployment (seasonally adjusted) for the most recent three months for which data are published before the close of such month is: (1) six percent or more; and (2) 110 percent or more of such average rate for either (or both) of the corresponding three-month periods ending in the two preceding calendar years. (Current law uses the State insured unemployment rate, rather than the State total unemployment rate, in the trigger formula.) Provides for additional weeks of EB program benefits during high unemployment periods (when the trigger period average rate of total unemployment is eight percent or more). Repeals certain special eligibility requirements under the EB program. Increases the amount of Federal reimbursement under the EB program. Makes these amendments to the EB program effective on October 1, 1993, with certain exceptions. Title III: Modifications to Federal Unemployment Tax - Amends Federal Unemployment Tax Act (FUTA) provisions of the Internal Revenue Code (IRC) to modify the Federal unemployment tax rate. Reduces the percentage of Federal taxable wages, which is part of the formula for determining the FUTA rate of an employer, from the current 0.8 (which is currently scheduled to return to 0.6 when a 0.2 surtax expires in 1996) to 0.3 in 1994 through 1996 and 0.25 in 1997 and thereafter; but increases the FUTA taxable wage base in 1994 and thereafter to the average annual covered wage. Amends IRC to require the appropriate State agency to provide to each individual filing a claim for unemployment compensation under State law a written explanation of: (1) the Federal and State taxation of unemployment benefits; and (2) the requirements to make payments of estimated Federal and State income taxes. Amends the Social Security Act (SSA) to allow States to include information on the earned income credit under IRC in certain mailings relating to unemployment compensation, at no cost if such additional information does not increase the postage cost of such mailings. Amends IRC to extend by two years (until January 1, 1995) the current exclusion from coverage under FUTA of agricultural labor performed before such date by an individual who is admitted to the United States to perform such agricultural labor under certain provisions of the Immigration and Nationality Act. Requires the Advisory Council on Unemployment Compensation to report by February 1, 1994, to specified congressional committees on such FUTA exclusion treatment of agricultural labor performed by aliens. Extends by one year the grace period for State repayment of Federal loans to State unemployment funds (before certain penalty taxes on employers take effect in such States with overdue loans), if the State amended its unemployment compensation law during 1992 or 1993 to increase estimated contributions requirements by at least 25 percent. Title IV: Modification to Regular State Unemployment Compensation Programs - Amends the Internal Revenue Code (IRC) to provide for treatment of short-time compensation programs which provide partial unemployment benefits to individuals whose workweeks have been reduced by at least ten percent. Allows State laws to provide for unemployment compensation funds to be withdrawn for the payment of such short-time compensation under a plan approved by the Secretary of Labor. Directs the Secretary of Labor to assist States in establishing and implementing short-time compensation programs by: (1) developing model legislative language and proposing appropriate revisions; and (2) providing technical assistance and guidance. Requires the Secretary to report to the Congress on implementation of these short-time compensation program provisions. Requires each employer covered under a State unemployment compensation law to: (1) post statements (prescribed by the State agency) regarding benefit rights and other matters in places readily accessible to employees; and (2) furnish to each terminated employee written statements (provided by the State agency) regarding claims for compensation. Title V: Financing Provisions - Amends the Internal Revenue Code (IRC) to extend by two years, through December 31, 1997, a phase out of personal exemptions for certain high income taxpayers. Amends IRC to disallow an income tax deduction for remuneration for services in excess of $1,000,000 per employee per year to certain covered employees or former employees who are or had been officers of the taxpayer (and not including any employee-owners of personal service corporations). Aggregates remuneration from certain related employers for purposes of such $1,000,000. (Makes such amendment retroactive to cover amounts paid or accrued on or after January 1, 1992, but waives estimated tax provisions with respect to underpayments created or increased by such amendment.) Amends the Social Security Act to provide for transfer of revenues from income taxes on unemployment benefits to the Unemployment Trust Fund. Bases such transfers on estimates of benefit payments. Sets forth a transition rule requiring the Secretary of the Treasury, by the end of FY 1992, to transfer from the general fund of the Treasury to the Unemployment Trust Fund, for credit to the extended unemployment compensation account, an amount equal to that which would have been appropriated to the Unemployment Trust Fund for months beginning on or before enactment of this Act if such transfer amendments had been in effect for all months after December 31, 1990. Revises provisions for Federal unemployment accounts. Modifies provisions for the extended unemployment compensation account with respect to transfers and increases the ceiling on such account. Reduces the ceiling on the Federal unemployment account. Provides for borrowing among the employment security administration account, the Federal unemployment account, and the extended unemployment compensation account. Amends specified Federal law relating to civil service employment to provide that if any Federal agency does not deposit a required amount in the Federal Employees Compensation Account for unemployment benefits within 30 days after notification by the Secretary of Labor, such Secretary shall notify the Secretary of the Treasury of such failure and that Secretary shall transfer such amount to such Account from amounts otherwise appropriated to such Federal agency. Extends, to December 31, 1994, the deadline for a report on a study of the allocation of funds among States for the administration of unemployment compensation programs (such report is required under the Emergency Unemployment Compensation Act of 1991). Title VI: Budgetary Treatment - Provides that any amount of new budget authority, outlays, or receipts resulting from this Act shall not be considered for any purpose under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) (BBEDCA). Exempts EUC payments under the Emergency Unemployment Compensation Act of 1991 from sequestration orders under BBEDCA.
Bill· SS. 2777 (102nd)referred
United States · United States Congress · 21 May 1992
Freedom Exchange Act - Title I: Educational Exchange Program - Requires the Director of the U.S. Information Agency (the Director) to carry out an educational exchange program with the independent states of the former Soviet Union and the Baltic States by awarding grants to eligible organizations for: (1) specified types of exchanges of secondary school, college, and graduate students; (2) paired-university visits and interchanges of professors and educators; and (3) a program of internship for nationals of such foreign states in small businesses in the United States. Authorizes appropriations. Requires such grants program to be carried out: (1) in FY 1993 by the Director; and (2) in FY 1994 through 1997 by the Educational Exchange Endowment, a private, nonprofit corporation (to be established). Requires such grants to be awarded on a competitive basis to private nonprofit organizations which have experience in exchange programs and demonstrate a capacity to carry out such programs in the independent states of the former Soviet Union or in the Baltic States. Sets forth administrative requirements for the Educational Exchange Endowment. Title II: Immigration of Highly Skilled Nationals of the Former Soviet Union and the Baltic States - Authorizes the special admission into the United States of up to 20,000 scientists or engineers of the former Soviet Union or Baltic States who have expertise in weapons of mass destruction as employment-based immigrants under the Immigration and Nationality Act. (Waives the U.S. job offer requirement and classifies such aliens as having exceptional ability.) Terminates this program five years after enactment of this title.
Bill· HRH.R. 5255 (102nd)referred
United States · United States Congress · 21 May 1992
Nullifies any prohibitions against the transfer of government information about aliens to the Immigration and Naturalization Service.
Bill· HRH.R. 5253 (102nd)referred
United States · United States Congress · 21 May 1992
Balanced Budget Implementation Act of 1992 - Title I: Repeal of Budget Agreement Enforcement Provisions - Repeals the budget agreement enforcement provisions of the Congressional Budget and Impoundment Control Act of 1974. Title II: Emergency Powers to Eliminate Deficits in Excess of Maximum Deficit Amount - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for enforcement of deficit reduction to balance the Federal budget by the end of FY 1997. Requires enforcement to be implemented through sequestration and revenue surtax (current provisions only require budget enforcement through sequestration). Repeals provisions which govern enforcement of discretionary spending limits and pay-as-you-go through FY 1995. Revises provisions concerning enforcing deficit targets. Requires the President, within 15 calendar days after the Congress adjourns to end a session, to take action to eliminate the excess deficit, in any. Sets forth the maximum deficit amounts allowed for FY 1993 through 1997. Reduces such amounts to zero by FY 1997 plus any amount designated to meet a condition of national economic urgency. Requires 60 percent of the excess deficit in a budget year to be eliminated through across-the-board outlay reductions and 40 percent through a revenue surtax. Provides rules for such sequestration process. Revises the timetable and requirements for deficit reduction reports and presidential orders. Requires within-session deficit reduction reports. Revises the list of exempt programs and activities. Removes the special exemption for social security benefits, railroad retirement benefits, certain veterans programs, payments made for the earned income tax credit, and certain low-income programs. Removes the special exceptions, limitations, and rules with respect to sequestration for: (1) certain automatic spending increases; (2) the guaranteed student loan program; (3) foster care and adoption assistance programs; (4) the Medicare program; (5) community and migrant health centers, Indian health services and facilities, and veterans' medical care; (6) the child support enforcement program; (7) payments and advances for unemployment compensation; (8) the Commodity Credit Corporation; and (9) the jobs portion of Aid to Families with Dependent Children (AFDC). Repeals the provision that requires permanent cancellation of budgetary resources sequestered from any account other than a trust or special fund account. Adds a special rule if the President exempts military personnel from sequestration with respect to further reductions in the appropriate subfunctional category. Repeals provisions concerning: (1) suspension of deficit reduction in the event of low economic growth; (2) the President's flexibility in making deficit reductions among defense programs, projects, and activities; and (3) the special reconciliation process. Sets forth congressional procedures to make available excess budgetary resources whenever the President transmits to the Congress a declaration of national economic urgency. Title III: Tax Surcharge to Reduce Deficit - Amends the Internal Revenue Code to impose a tax surcharge on the income of every taxpayer if the Office of Management and Budget reports to the Congress and the President that a revenue increase is required. Establishes procedures for determining and administering such surcharge. Repeals such surcharge if the Secretary of the Treasury determines that it is not needed. Title IV: Budget Submitted by the President - Requires the President's budget to ensure that the deficit for such fiscal year does not exceed the maximum deficit amount. Requires the submission of a balanced budget for FY 1997 and subsequent fiscal years. Makes such requirements inapplicable during a declaration of national economic urgency or a declaration of war. Title V: Total of President's Budget Shall Represent Spending Ceiling - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to prohibit the Congress from passing legislation which provides budgetary resources in excess of those proposed in the President's budget. Title VI: Fiscal Year 1993 Deficit Reduction Actions - Requires the President to submit to the Congress a revised budget for FY 1993 to achieve the deficit targets set forth under this Act. Requires the Congress, after receipt of the President's budget, to report revised concurrent budget resolutions for FY 1993 to achieve such deficit targets.
Bill· HRH.R. 5173 (102nd)referred
United States · United States Congress · 14 May 1992
Consular Review Act of 1992 - Amends the Immigration and Nationality Act to establish within the Department of State a Board of Visa Appeals to review, and revise if appropriate, consular determinations of alien excludability and visa denial or revocation. Authorizes specified interested parties to act on behalf of an alien seeking Board review.