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Bill· HRH.R. 5300 (103rd)referred

Affordable Health Care Now Act of 1994

United States · United States Congress · 29 November 1994

TABLE OF CONTENTS: Title I: Improved Access to Affordable Health Care Subtitle A: Increased Availability and Continuity of Health Coverage for Individuals and Their Families Subtitle B: Reform of Health Insurance Subtitle C: Preemption Subtitle D: Health Deduction Fairness Subtitle E: Improved Access to Community Health Services Subtitle F: Improved Access to Rural Health Services Subtitle G: Assistance in Enrolling Uninsured Children in Health Insurance Subtitle H: Medicaid Reform Subtitle I: Remedies and Enforcement with Respect to Group Health Plans Subtitle J: Delivery of Health Care Services to Illegal Immigrants Title II: Health Care Cost Containment and Quality Enhancement Subtitle A: Medical Malpractice Liability Reform Subtitle B: Administrative Cost Savings and Fair Health Information Practices Subtitle C: Deduction for Cost of Catastrophic Health Plan; Medical Savings Accounts Subtitle D: Anti-Fraud Subtitle E: Increased Medicare Beneficiary Choice; Additional Medicare Reforms Subtitle F: Health Care Antitrust Improvements Subtitle G: Encouraging Enforcement Activities of Medical Self-Regulatory Entities Subtitle H: Reform of Clinical Laboratory Requirements for Simple Tests Subtitle I: Miscellaneous Provisions Title II: Long-Term Care Subtitle A: Tax Treatment of Long-Term Care Insurance Subtitle B: Establishment of Federal Standards for Long-Term Care Insurance Subtitle C: Protection of Assets Under Medicaid Through Use of Qualified Long-term Care Insurance Subtitle D: Studies Subtitle E: Volunteer Service Credit Demonstration Projects Affordable Health Care Now Act of 1994 - Title I: Improved Access to Affordable Health Care - Subtitle A: Increased Availability and Continuity of Health Coverage for Individuals and Their Families - Part 1: Required Coverage Options for Eligible Employees, Spouses, and Dependents - Requires each employer to make available to each eligible employee a group health plan under which: (1) coverage of each eligible individual with respect to such employee may be elected on an annual basis; (2) coverage is provided for at least the required coverage specified; and (3) employees may elect to have premiums collected through payroll deduction. Does not require employer contributions to the cost of coverage under such a plan. Provides for the exclusion of: (1) employers who have been employers for less than two years or who have no more than two eligible employees or no more than two eligible employees not covered under any group health plan; and (2) family members under specified circumstances. Specifies that a group health plan shall not be treated as failing to meet the requirements of this Act solely because a period of service by an eligible employee of not more than 60 days is required for coverage. Specifies that the required coverage is standard coverage, except that in the case of a small employer that has not contributed during the previous plan year to the cost of coverage for any eligible employee under any group health plan, the required coverage for the plan year is coverage under a MedAccess standard, MedAccess catastrophic, and MedAccess medisave plan. Requires standard coverage to include at least one option, either a fee-for-service option and if available, a point-of-service option and a managed care option. Provides for a five-year transition for existing group health plans. (Sec. 1002) Sets forth provisions regarding: (1) compliance with applicable requirements through multiple employer health arrangements; and (2) coverage options under a State medical health allowance program. Part 2: Portability and Nondiscrimination - Prohibits a group health plan from imposing (and an insurer from requiring an employer from imposing through a waiting period for coverage under a plan or similar requirement) a limitation or exclusion of benefits relating to treatment of a preexisting condition if: (1) the condition relates to a condition that was not diagnosed or treated within three months before the date of coverage under the plan; (2) the limitation or exclusion extends over more than six months after the date of coverage, applies to an individual who, as of the date of birth, was covered under the plan, or relates to pregnancy; or (3) an eligible individual has such coverage at the time the individual first became eligible. Specifies that, in the case of an individual who is eligible for coverage under a plan but for a waiting period imposed by the employer, the individual shall be treated as having been covered under the plan as of the earliest date of the beginning of the waiting period. Provides a one-time amnesty period for pre-existing condition exclusions. (Sec. 1012) Requires each group health plan to waive any period applicable to a preexisting condition for similar benefits with respect to an individual to the extent that the individual, prior to enrollment in such plan, was covered for the condition under any other health plan. (Sec. 1013) Prohibits: (1) a multiemployer plan and an exempted multiple employer health plan from canceling or denying renewal of coverage under such a plan for an employer other than for nonpayment of contributions, fraud or other misrepresentation, noncompliance with plan provisions, or because the plan is ceasing to provide any coverage in a geographic area; (2) an insurer from canceling a health insurance plan or denying renewal of coverage other than as prescribed above; and (3) an insurer who terminates the offering of health insurance plans in an area from offering such a plan to any employer in the area until five years after the date of the termination. Part 3: Standards for Managed Care Arrangements and Essential Community Providers - Sets forth requirements for group health plans and insurers that provide health care coverage through managed care arrangements. Requires such arrangements to assure that covered individuals have reasonably prompt access through the entity's provider network to the benefits package and to centers of excellence. (Sec. 1022) Requires the Secretary of Health and Human Services (Secretary) to establish standards for utilization review programs and periodically review and update such standards to reflect changes in the delivery of health care services. Part 4: Enforcement; Effective Dates; Definitions - Makes provisions of the Employee Retirement Income Security Act of 1974 applicable with respect to enforcement of this Act (by the Department of Labor). Amends the Internal Revenue Code (Code) to impose a tax ($100 per day for each individual involved, subject to specified limitations) on the failure of an insurer to comply with the requirements under part 2, unless the Secretary determines that the State has in effect a regulatory enforcement mechanism that provides adequate sanctions. Subtitle B: Reform of Health Insurance - Part I: Marketplace for Small Business - Requires each insurer that makes available a health insurance plan to a small employer in a State to make available to each small employer in the State a MedAccess standard, MedAccess catastrophic, and MedAccess medisave plan, with exceptions for health maintenance organizations (HMOs) and if a State provides for guaranteed availability (rather than guaranteed issue). Requires each insurer that offers a MedAccess plan to a small employer in a State to accept: (1) every small employer in the State that applies for coverage; and (2) every eligible individual who applies for enrollment on a timely basis. Sets forth provisions regarding: (1) special rules for HMOs; (2) timely enrollment requirements; and (3) enrollment of spouses and dependents. Makes such requirements inapplicable in a State that has provided (in accordance with specified standards) a mechanism under which each insurer offering a health insurance plan to a small employer in the State must participate in a program for assigning high-risk small employer groups (or individuals within such a group) among some or all such insurers, if the insurers comply. (Sec. 1102) Defines "MedAccess coverage" as a health insurance plan that: (1) is designed to provide standard coverage with substantial cost-sharing, only catastrophic coverage, or medisave coverage; (2) includes only essential and medically necessary services; (3) meets applicable requirements relating to guaranteed issue; and (4) meets specifies consumer protection standards. Defines "MedAccess standard coverage," "MedAccess catastrophic coverage," and "MedAccess medisave coverage" to mean a MedAccess plan that provides for at least standard coverage, for only catastrophic coverage, or medisave coverage, respectively. Requests the National Association of Insurance Commissioners (NAIC) to submit to the Secretary a set of rules which is sufficient for determining the actuarial value of coverage offered by a plan. Directs the Secretary to certify such set of rules for use under this subtitle if they meet such requirements or establish such a set of rules. Specifies that a health insurance plan is considered to provide: (1) standard coverage if the benefits are determined, in accordance with certified rules of actuarial equivalence, to have a value that is within five percentage points of an established target actuarial value for standard coverage; (2) catastrophic coverage if benefits are available under the plan for a year only to the extent that expenses for covered services in a year exceed a deductible amount that is consistent with a specified requirement for a catastrophic health plan under the Code, and are determined, in accordance with certified actuarial equivalence rules, to have a value that is within five percentage points of an established target actuarial value for catastrophic coverage; and (3) medisave coverage if such plan consists of a catastrophic health plan within the meaning of the Code and a medical savings account. Requests NAIC to submit to the Secretary target actuarial values for standard and catastrophic coverage. Permits NAIC to submit periodic revisions of, and permits the Secretary to revise, the set of rules of actuarial equivalence and target actuarial values where necessary to take into account changes in the relevant types of health benefits provisions, in deductible levels for catastrophic coverage, or in relevant demographic conditions. (Sec. 1103) Directs the Secretary to request NAIC to develop model regulations that specify standards with respect to requirements: (1) that insurers make available MedAccess plans; (2) of guaranteed availability of MedAccess plans to small employers; (3) relating to limits on premiums and certain consumer protections; and (4) relating to limitation of annual premium increases. Requires the Secretary to review such standards and, if NAIC fails to specify standards meeting such requirements, to promulgate standards. Sets forth provisions regarding: (1) the application of MedAccess standards and consumer protection standards by the States; and (2) the Federal role. (Sec. 1104) Sets forth provisions: (1) regarding limits on premium rate variations, including discounts for employer wellness programs; and (2) requiring an insurer, at the time of offering a health insurance plan to a small employer, to fully disclose rating practices for health insurance plans, including rating practices for different populations and benefit designs. (Sec. 1105) Requires the Secretary of Labor to monitor the prevalence and impact of adverse risk selection in the full insured plans made available to small employers resulting from the decision of small employers to self-insure. (Sec. 1106) Directs the Secretary to: (1) request NAIC to develop models for reinsurance or allocation of risk mechanisms for health insurance plans made available to small employers for whom an insurer is at risk of incurring high costs under the plan; and (2) review such models or specify models. Sets forth provisions regarding implementation of reinsurance or allocation of risk mechanisms by the States and the Federal role. Part : Marketplace for Individuals - Makes the provisions of Part 1 applicable to insurers offering health insurance coverage to individuals and their dependents. Part 3: Voluntary Health Purchasing Arrangements - Provides for the establishment of voluntary health purchasing arrangements. (Sec. 1124) Requires such arrangements to offer enrollment in health insurance coverage only to: (1) all eligible employees employed by small employers in a service area; and (2) all eligible individuals residing in such area. Part 4: Definitions and Miscellaneous Provisions - Provides definitions for purposes of this subtitle. (Sec. 1134) Requires the Secretary to make annual reports to the Congress on the implementation of this subtitle and the need for additional reforms to assure and expand coverage. (Sec. 1135) Authorizes the Director to conduct: (1) research on the impact of this subtitle on the availability of affordable health coverage for employees and dependents in the small employers group health care coverage market and other specified topics; and (2) demonstration projects relating to such topics. Requires the Director to develop: (1) methods for measuring the relative health risks of eligible individuals in terms of the expected costs of providing benefits under health insurance plans and, in particular, MedAccess plans; and (2) a model for equitably distributing health risks among insurers in the small employer health care coverage market. Authorizes appropriations. Subtitle C: Preemption - Part 1: Scope of State Regulation - Makes inapplicable to a group health plan any State or local law requiring coverage of specific benefits, services, or categories of health care, or services of any class or type of provider of health care. (Sec. 1202) Makes inapplicable any State or local law prohibiting two or more employers from obtaining coverage under a multiple employer welfare arrangement under which all coverage: (1) consists of medical care described under specified provisions of the Employee Retirement Income Security Act of 1974 (ERISA); and (2) is fully insured. (Sec. 1203) Preempts, for a five-year period, State law provisions which restrict: (1) reimbursement rates or selective contracting; (2) differential financing incentives; and (3) utilization review methods. Directs the Comptroller General to study benefits and cost effectiveness of use of managed care in health services delivery and to report to the Congress, including recommendations as to whether such preemption should be extended. Part 2: Multiple Employer Health Benefits Protections - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide a limited exemption from certain restrictions on ERISA preemption of State law for health plans maintained by multiple employers subject to certain Federal standards. Relieves such exempted multiple employer health plans of certain restrictions on preemption of State law, and treats them as employee welfare benefit plans. Sets forth exemption procedures, application and eligibility requirements, and additional notice, reporting, and actuarial requirements applicable to exempted multiple employer health plans. Requires multiple employer welfare arrangements providing certain medical care benefits to issue specified disclosures to participating employers. Requires each multiple employer welfare arrangement which is or has been an exempted multiple employer health plan, and under which coverage is not fully insured, to establish certain minimum reserves. Authorizes the Secretary of Labor to permit alternative means of compliance. Sets forth corrective actions, including actions to avoid depletion of reserves and actions in connection with termination of arrangements. Provides for expirations, renewals, suspensions, and revocations of exemptions. Provides for review of actions of the Secretary, including denials of applications and suspensions or revocations of exemptions. Provides for alternative means of distribution of summary plan descriptions. (Sec. 1212) Revises provisions relating to scope of preemption rules, treatment of single employer arrangements, and treatment of certain collectively bargained arrangements. (Sec. 1215) Sets forth special rules for employee leasing health care arrangements, providing that they be treated as multiple employer welfare arrangements. (Sec. 1216) Sets forth enforcement provisions relating to multiple employer welfare arrangements and employee leasing health care arrangements, including enforcement of filing requirements, actions by States in Federal court, criminal penalties for certain willful misrepresentations, cease activities orders, and responsibility for claims procedures. (Sec. 1217) Sets forth solvency requirements for certain self- insured group health plans. (Sec. 1218) Sets forth filing requirements for multiple employer welfare arrangements providing health benefits. (Sec. 1219) Provides for cooperation between Federal and State authorities, including: (1) agreements for State enforcement of ERISA provisions applicable to multiple employer welfare arrangements which are or have been exempted multiple employer health plans; and (2) enforcement and technical assistance to States with respect to issues involving multiple employer welfare arrangements. (Sec. 1220) Sets forth transitional rules. Part 3: Encouragement of Multiple Employer Arrangements Providing Basic Health Benefits - Amends the Internal Revenue Code to eliminate the commonality of interest or geographic location requirement for tax-exempt trust status in the case of determining whether any multiple employer health plan or insured multiple employer health plan is a voluntary employees' beneficiary association meeting certain requirements, if: (1) such plan provides at least standard coverage consistent with specified provisions of this Act (the Affordable Health Care Now Act of 1994); and (2) in the case of such an insured plan, it meets specified ERISA requirements not preempted by this Act. (Sec. 1222) Amends ERISA to direct the Secretary of Labor to prescribe an alternative method for the filing of a single annual report with respect to all employers participating under a multiple employer welfare arrangement under which all coverage consists of medical care and is fully insured. (Sec. 1223) Sets forth provisions for determining compliance with coverage requirements through multiple employer health arrangements. Subtitle D: Health Deduction Fairness - Amends the Internal Revenue Code to provide for: (1) a permanent extension and an increase in the health insurance tax deduction for self-employed individuals; and (2) a deduction of health insurance premiums for certain previously uninsured individuals. Subtitle E: Improved Access to Community Health Services - Part 1: Increased Authorization for Community and Migrant Health Centers - Directs the Secretary to provide for grants to migrant and community health centers to promote primary health care services for underserved individuals. Allows grants to be used to promote the provision of off-site services, to improve birth outcomes in areas with high infant mortality and morbidity, to establish primary care clinics in areas in need, and for recruitment and training costs of necessary providers and operating costs for unreimbursed services. Authorizes appropriations. Directs the Secretary to conduct a study of the impact of such grants on access to health care, birth outcomes, and the use of emergency room services. Part 2: Grants for Projects for Coordinating Delivery of Services - Amends the Public Health Service Act to authorize the Secretary to make grants to public and nonprofit private entities: (1) to carry out demonstration projects to increase access to outpatient primary health services in specified geographic areas (i.e., areas that are rational areas for the delivery of health services, have a population of not more than 500,000 individuals, and have been designated by the Secretary as areas with a shortage of personal health services or that have a significant number of individuals with low incomes or insufficient health care insurance) through coordinating the delivery of services under Federal, State, local, and private programs; and (2) for developing plans to carry out such projects. Authorizes appropriations. Part 3: Community Health Networks - Sets forth qualifications for community health network arrangements. Subtitle F: Improved Access to Rural Health Services - Part 1: Establishment of Rural Emergency Access Care Hospitals Under Medicare - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for: (1) establishment of rural emergency access care hospitals under Medicare; and (2) coverage of and payment for rural emergency access care hospital services under Medicare part B (Supplementary Medical Insurance). Part 2: Rural Medical Emergencies Air Transport - Amends the Public Health Service Act to direct 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 with access to treatments. Sets forth provisions regarding: (1) application and State plan requirements; (2) considerations in awarding grants; (3) State administration and use of grants; (4) the number of grants; and (5) reporting requirements. Authorizes appropriations. Part 3: Emergency Medical Services Amendments - Amends the Public Health Service Act to direct the Secretary to: (1) establish an Office of Emergency Medical Services, headed by a Director; (2) engage in specified emergency medical services activities, including disseminating information obtained in carrying out specified activities to public and private entities, providing technical assistance to State and local agencies, coordinating Department of Health and Human Services (DHHS) activities with those of other Federal agencies; and (3) ensure that such activities are carried out consistent with certain requirements regarding maintaining an adequate number of health professionals with expertise in the provision of services, developing, periodically reviewing, and revising as appropriate guidelines for the provision of such services, appropriately using available technologies, and serving the unique needs of underserved inner-city and rural areas. (Sec. 1522) Authorizes the Secretary to make grants to States for the purpose of improving the availability and quality of emergency medical services through the operation of State offices of emergency medical services, subject to specified matching fund, budgetary, and other requirements. (Sec. 1523) Provides for demonstration projects to establish telecommunications between rural medical facilities and medical facilities with expertise or equipment. Directs the Secretary to ensure that the telecommunications technologies demonstrated include interactive video telecommunications, static video imaging transmitted through the telephone system, and facsimiles transmitted through such system. (Sec. 1524) Authorizes appropriations for: (1) emergency medical services (including for State offices of Emergency Medical Services and for telecommunications demonstrations); and (2) trauma care and certain other activities. Part : Additional Rural Health Care Provisions - Authorizes the Secretary to make grants to public and nonprofit private entities to develop health plans to provide services exclusively in rural and frontier areas. Authorizes appropriations. (Sec. 1532) Authorizes the Secretary to make grants to public and nonprofit private hospitals in medically underserved rural communities, and to public and nonprofit outpatient facilities in such communities, to develop or increase capacity to provide primary health services. (Sec. 1533) Authorizes the Secretary to make grants to such entities to conduct research and carry out demonstration projects to develop innovative approaches to the delivery of health care in rural areas, such as the use of telemedicine and mobile delivery units. (Sec. 1534) Authorizes appropriations for the training of rural health professionals other than physicians. Subtitle G: Assistance in Enrolling Uninsured Children in Health Insurance - Amends title XIX (Medicaid) of the Social Security Act (SSA) to provide for the establishment of State premium subsidy programs to assist eligible needy children with premiums for standard health coverage. Subtitle H: Medicaid Reform - Amends SSA title XIX to: (1) provide for the establishment of State health allowance programs under which the State makes payments to an approved group health plan which provides coverage to eligible individuals as an allowance towards the costs of providing the individual with benefits under the plan; (2) modify Federal requirements to allow States more flexibility in contracting for coordinated care services under Medicaid; (3) make changes regarding the period of certain waivers under Medicaid; and (4) reduce the amount of Federal payment adjustments under Medicaid for disproportionate share hospitals. (Sec. 1713) Eliminates the duplicative pediatric immunization program under Medicare. Subtitle I: Remedies and Enforcement with Respect to Group Health Plans - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to set forth claims procedure special rules for group health plans. Directs the Secretary of Labor to establish a mediation program for disputes involving group health plan claims. Requires the Secretary to maintain a list of individuals with expertise to serve as facilitators under such program, and to propose a facilitator for each mediation subject to one objection by each party. Sets forth provisions for participation of attorneys, initiation of mediation, mediation procedures, time limits, costs, legal effect of participation, and confidentiality and admissibility. Sets forth court remedies for participants and beneficiaries with respect to group health plans. Subtitle J: Delivery of Health Care Services to Illegal Immigrants - Directs the Secretary of Health and Human Services to conduct a study of health care to illegal immigrants, including the effect of illegal immigration on health costs and the shifting of health costs. Requires a report to the Congress, with recommendations on appropriate means of: (1) alleviating health problems peculiar to illegal immigrants; (2) financing health care provided to illegal immigrants; and(3) increasing intergovernmental cooperation and coordination of efforts of the United States and other countries to alleviate such health problems and finance such efforts. Title II: Health Care Cost Containment and Quality Enhancement - Subtitle A: Medical Malpractice Liability Reform - Part 1: General Provisions - Makes this subtitle applicable with respect to any medical malpractice liability claim and to any medical malpractice liability action brought in State or Federal court, except a claim or action for damages arising from a vaccine-related injury or death to the extent that title XXI of the Public Health Service Act applies. Sets forth provisions regarding: (1) preemption of State law; (2) effect on sovereign immunity and choice of law or venue; (3) jurisdiction; and (4) effective dates. Part 2: Medical Malpractice and Product Liability Reform - Prohibits a medical malpractice liability action from being brought in any State court during a calendar year unless the relevant claim has been initially resolved (i.e., a decision has been reached on whether the defendant is liable to the plaintiff for damages and on the amount of damages) under a certified alternative dispute resolution (ADR) system or an alternative Federal system. Prohibits a medical malpractice liability action from being brought in Federal court based on diversity of citizenship during a calendar year unless the relevant claim has been initially resolved under such a system in the State whose law applies. Directs the Attorney General to establish an ADR process for tort claims consisting of medical malpractice liability claims brought against the United States under chapter 171 of the Federal judicial code (U.S. Court of Federal Claims). Prohibits a medical malpractice liability action based on such a claim from being brought in any Federal court unless the claim has been initially resolved under such process. Sets forth procedures for filing actions. (Sec. 2012) Limits to $250,000 the amount of noneconomic damages that may be awarded to a claimant and family members in a medical malpractice liability action. Sets limits on punitive damages and on periodic payments for future losses. Reduces damages by any other payments made to compensate an individual for injuries. (Sec. 2013) Set forth provisions regarding: (1) limits on attorney fees and other costs; (2) joint and several liability (generally, liability may be found only for those damages directly attributable to the person's proportionate share of fault or responsibility for the injury); (3) a statute of limitations of seven years; and (4) a uniform standard for determining negligence (the defendant's conduct at the time of providing the health care services was not reasonable). (Sec. 2017) Specifies that in the case of a medical malpractice liability claim relating to services provided during labor or the delivery of a baby, if the health care professional did not previously treat the injured individual for the pregnancy, the trier of fact may not find that the defendant committed malpractice nor assess damages unless the malpractice is proven by clear and convincing evidence. Part 3: Requirements for State Alternative Dispute Resolution Systems - Lists requirements for State ADR systems, including that such a system: (1) applies to all medical malpractice liability claims under the jurisdiction of the courts of that State; (2) requires that a written opinion resolving the dispute be issued within six months after each party against whom the claim is filed has received notice of the claim; (3) is approved by the State or local governments; (4) provides for the transmittal to the State agency responsible for monitoring or disciplining health care professionals and providers of any findings of malpractice; and (5) provides for the regular transmittal of information on disputes resolved under the system to the Administrator for Health Care Policy and Research in a manner that protects the identity of the parties involved. (Sec. 2032) Directs the Secretary, by October 1 of each year, to certify State ADR systems that meet such requirements. Directs the Secretary to establish an alternative Federal ADR system for the resolution of medical malpractice liability claims in States that do not have in effect a certified ADR system. (Sec. 2033) Directs the Secretary, within five years, to submit to the Congress a report describing and evaluating State ADR systems and the alternative Federal system, including: (1) information on the effect of the ADR systems on health care costs, access to health care, and quality of care provided within the State; and (2) to the extent that such report does not provide information on no-fault systems operated by States as ADR systems, an analysis of the feasibility and desirability of establishing a system for resolving medical malpractice liability claims on a no-fault basis. Part 4: Other Provisions Relating to Medical Malpractice Liability - Authorizes 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 permit their participation in the licensing of such practitioner and to review any health care malpractice action, claims, or allegation, or other information concerning the practice patterns of any such practitioner. Sets forth agreement requirements. (Sec. 2042) Directs the Secretary to study incentives adopted by State and local governments, insurers, medical societies, and other entities to encourage physicians to volunteer to provide health care services in medically underserved areas. (Sec. 2043) Directs each State to require: (1) each health care professional and health care provider to participate in a risk management program to prevent, and provide early warning of, practices which may result in injuries to patients or endanger patient safety; and (2) each provider of health care professional and provider liability insurance in the State to establish risk management programs or sanction programs of risk management for health care professionals and providers provided by other entities, and require each such professional or provider, as a condition of maintaining insurance, to participate in one such program at least once in each three-year period. (Sec. 2044) Directs the Secretary to make grants: (1) for basic research in the prevention of, and compensation for, injuries resulting from health care professional or provider malpractice and for research of the outcomes of health care procedures; (2) to States to assist in improving their ability to license and discipline health care professionals; and (3) to States and local governments, private nonprofit organizations, and health professional schools for educating the general public about the appropriate use of health care, realistic expectations of medical intervention, and the resources and role of health care professional licensing and disciplinary boards in investigating claims of incompetence or health care malpractice, and for developing programs of faculty training and curricula for educating health care professionals in quality assurance, risk management, and medical injury prevention. Authorizes appropriations. Subtitle B: Administrative Cost Savings and Fair Health Information Practices - Part 1: Administrative Cost Savings - Subpart A: Standards for Data Elements and Transactions - Directs the Secretary to adopt standards and modifications to standards that a: (1) consistent with the objective of reducing the costs of providing and paying for health care; and (2) in use and generally accepted, developed, or modified by the standard-setting organizations accredited by the American National Standard Institute. (Sec. 2104) Directs the Secretary to adopt standards: (1) for data elements of health information; and (2) for transmitting information electronically. Subpart B: Requirements With Respect to Certain Transactions and Information - Specifies standard transactions. Subpart C: Miscellaneous Provisions - Requires the Secretary to establish standards with respect to the operation of health information network services. (Sec. 2124) Authorizes the Secretary to make grants for demonstration projects to promote the development and use of electronically integrated community-based clinical information systems and computerized patient medical records. Subpart D: Assistance to the Secretary - Establishes the Health Care Information Advisory Committee to: (1) assist the Secretary in complying with requirements under this Act; (2) be generally responsible for advising the Secretary and the Congress on the status of the health information network; and (3) make recommendations to correct problems in the network and to refine and improve the network. Part 2: Fair Health Information Practices - Subpart A: Duties of Health Information Trustees - Specifies the duties of health information trustees with respect to inspection of protected health information. (Sec. 2142) Provides a procedure to amend protected health information. Subpart B: Use and Disclosure of Protected Health Information - Sets forth general limitations on the use and disclosure of protected health information by health information trustees. (Sec. 2152) Authorizes a health information trustee to disclose protected health information pursuant to a written authorization by the protected individual. (Sec. 2153) Describes the circumstances under which health information trustees may disclose protected health information to: (1) health plans, health care providers, and oversight agencies; (2) next of kin; (3) public health authorities; (4) health research entities; (5) authorities under emergencies; (6) courts or administrative agencies; (6) law enforcement agencies; (7) entities under subpoenas, warrants, and search warrants; and (8) health information service organizations. Subpart C: Access Procedures and Challenge Rights - Prohibits a government authority from obtaining protected health information about a protected individual from a health information trustee through subpoenas, warrants, and search warrants unless there is probable cause that the information is relevant to the law enforcement inquiry. (Sec. 2172) Establishes challenge procedures to such subpoenas. Subpart D: Miscellaneous Provisions - Restricts the information a health information trustee may disclose when a protected individual pays for health care through a payment card or electronic means. (Sec. 2183) Directs the Secretary to develop standards for electronic documents and communications. (Sec. 2184) Provides for the disclosure of protected health information to affiliated persons and agents and attorneys. (Sec. 2187) Requires States to establish a process for the maintenance of certain protected health information. Subpart : Enforcement - Provides for civil actions against health information trustees. (Sec. 2192) Authorizes the Secretary to impose a civil money penalty against such trustees for a demonstrated pattern of failure to comply with this subpart. (Sec. 2193) Requires the Secretary to develop an alternative dispute resolution method for resolving claims for civil actions. (Sec. 2194) Amends the Federal criminal code to impose penalties for violations in disclosing and obtaining protected health information. Subpart F: Amendments to Title 5, United States Code - Requires certain Federal agency heads to promulgate rules protecting health information. Subpart G: Regulations, Research, and Education; Effective Dates; Applicability; and Relationship to Other Laws - Requires the Secretary to prescribe regulations to carry out this part not later than July 1, 1996. (Sec. 2197) Makes this part effective on January 1, 1997, except for certain provisions that take effect upon enactment. Subtitle C: Deduction for Cost of Catastrophic Health Plan; Medical Savings Accounts - Amends the Internal Revenue Code to include under the medical expense deduction the portion of such expense attributable to coverage under a catastrophic health plan. (Sec. 2202) Allows individuals a tax deduction for a percentage of contributions made to a medical care savings account established for the benefit of an eligible individual. Allows such deduction whether or not an individual itemizes deductions. Disallows distributions from such accounts as medical expense deductions. Excludes employer contributions to such accounts from employment taxes. Establishes an excise tax for excess contributions to medical care savings accounts. Subtitle D: Anti-Fraud - Directs the Attorney General to establish an all-payer health care fraud and abuse control program. (Sec. 2302) Authorizes additional appropriations for such program and AG investigations of possible health care fraud. (Sec. 2303) Establishes in the Treasury the Anti-Fraud and Abuse Trust Fund for use in preventing anti-fraud and abuse law violations and repaying Medicaid and other beneficiaries for cost-sharing. (Sec. 2311) Amends SSA title XI and the Federal criminal code to: (1) revise current sanctions to provide for, among other things, mandatory exclusion from Medicare and State health care program participation of individuals or entities convicted of a fraud-related felony in connection with the delivery of a health care item or service, and criminal penalties of fines and imprisonment for health care fraud; and (2) authorize the Secretary of Health and Human Services (Secretary) to issue advisory opinions with regard to specified matters, including matters concerning prohibited remuneration and service inducements. (Sec. 2315) Modifies: (1) current limitations under Medicare (SSA title XVIII) on physician self-referral; and (2) effective date exceptions under the Omnibus Budget Reconciliation Act of 1993 for such referrals made for clinical laboratory services. (Sec. 2316) Directs the Comptroller General to study and report to the Congress on the costs of peer review contracts for Medicare HMOs. (Sec. 2332) Amends SSA title XVIII to require the Secretary to issue advisory opinions relating to prohibited referrals under Medicare. Directs the Secretary to issue regulations establishing systems under SSA titles XI and XVIII for the issuance of advisory opinions. Subtitle E: Increased Medicare Beneficiary Choice; Additional Medicare Reforms - Amends SSA title XVIII and the Omnibus Budget Reconciliation Act of 1990 to make specified changes in HMO and Medicare supplemental policy provisions. Imposes mandates on the Secretary in order to afford Medicare beneficiaries additional avenues for choosing health care coverage, including enrollment in private health insurance plans. (Sec. 2411) Extends current rules for computing Medicare part B (Supplementary Medical Insurance) premiums. (Sec. 2412) Amends the Internal Revenue Code to provide for the imposition of a Medicare part B premium tax for high-income Medicare part B beneficiaries. (Sec. 2413) Directs the Secretary to take such steps as necessary to consolidate administration of Medicare parts A (Hospital Insurance) and B. (Sec. 2414) Makes specified extensions with regard to Medicare as secondary payer, including those concerning data matches. Subtitle F: Health Care Antitrust Improvements - Exempts from all antitrust claims an activity relating to the provision of health care services that is: (1) within a "safe harbor" designated by the Attorney General, except for claims for injunctive relief asserted by the Attorney General or the Chair of the Federal Trade Commission in extraordinary circumstances; and (2) specified in and in compliance with the terms of a certificate of review issued by the Attorney General, where the activity occurs while the certificate is in effect, except for claims for injunctive relief. Sets forth provisions regarding the award of attorney fees and costs of suit to the prevailing party in an action based on a claim involving activity found to be exempt. (Sec. 2502) Directs the Attorney General to develop and designate specified safe harbors relating to the following, as well as to such other categories of activities as the Attorney General may designate (subject to specified requirements): (1) joint purchasing of health care services; (2) small hospital mergers; (3) startup and operation of collaborations between State-licensed providers through partial or full integration; (4) standard setting and enforcement activities by medical self-regulatory entities; (5) health care providers collectively supplying non-price medical information to buyers and consumers; (6) health care provider participation in surveys; (7) health care joint ventures' purchase or use of equipment or provision of advanced tertiary care services; (8) provision of market power screens at appropriate levels below which combinations of providers are too small to pose a realistic antitrust threat; (9) joint purchasing arrangements; and (10) good faith negotiations relating to legitimate collaborative activities. Directs the Attorney General to publish notice in the Federal Register soliciting proposals for additional safe harbors. Authorizes the Attorney General to modify or remove a safe harbor following notice and comment upon a determination that the safe harbor does not meet specified criteria. Sets forth criteria in establishing safe harbors, including: (1) the extent to which a competitive or collaborative activity will accomplish an increase in health care access and quality, the establishment of cost efficiencies, and increased ability of health care facilities to provide services in medically underserved areas or to underserved populations; and (2) whether designation as a safe harbor will result in specified desirable outcomes. (Sec. 2503) Directs the Attorney General to issue certificates of review for providers of health care services and to assist persons in applying for such certificates. Sets forth procedures regarding applications for, renovation of, and review of determinations regarding, such certificates. Limits the disclosure of information. (Sec. 2504) Sets forth provisions regarding notifications providing for a reduction in certain penalties under the antitrust laws for health care cooperative ventures. (Sec. 2505) Directs the Attorney General to periodically review the safe harbors, certificates of review, and notifications. (Sec. 2507) Establishes within the Department of Health and Human Services an Office of Health Care Competition Policy. Subtitle G: Encouraging Enforcement Activities of Medical Self- Regulatory Entities - Part 1: Application of the Clayton Act to Medical Self-Regulatory Entities - Provides that no damages, cost of suit, or attorney fee may be recovered under section 4, 4A, or 4C of the Clayton Act, or under any similar State law, except by a State or the United States, from any medical self-regulatory entity as a result of engaging in standard setting or enforcement activities that are: (1) designed to promote the quality of health care provided to patients; and (2) not conducted for purposes of financial gain. Directs the court to award the cost of such a suit, including a reasonable attorney fee, to a substantially prevailing defendant. Part 2: Consultation by Federal Agencies - Requires any Federal agency engaged in the establishment of medical professional standards to consult with appropriate medical societies or associations, specialty boards, or recognized accrediting agencies, if available, in carrying out medical professional standard setting and guidelines or standards relating to the practice of medicine. Subtitle H: Reform of Clinical Laboratory Requirements for Simple Tests - Amends the Public Health Service Act to exempt clinical laboratories performing only simple examinations and procedures from certificate requirements. (Sec. 2703) Directs the Secretary to use existing appropriations to conduct the study relating to the reliability and quality control procedures of clinical laboratory testing programs and the effect of errors in the testing procedures and results on the diagnosis and treatment of patients. (Sec. 2704) Directs the Secretary to revise the membership of the Clinical Laboratory Improvement Advisory Committee to contain a number of practicing physicians proportionate to the number of physician regulated clinical laboratories. Subtitle I: Miscellaneous Provisions - Requires certain Government agencies to prefund health benefit contributions for their annuitants. (Sec. 2802) Makes aliens ineligible for social security and Medicaid benefits. (Sec. 2803) Limits the eligibility for social security benefits of certain drug and alcohol addicts. Title III: Long-Term Care - Subtitle A: Tax Treatment of Long-Term Care Insurance - Amends the Internal Revenue Code to provide for the treatment of qualified long-term care insurance as accident and health insurance for purposes of insurance company taxation. (Sec. 3002) Excludes from gross income benefits provided under a long-term care insurance contract. Includes in gross income employer-provided coverage for long-term care services. (Sec. 3003) Includes amounts paid for qualified long-term care services as medical expenses for individual itemized deductions. Includes any parent or grandparent as a dependent for purposes of such expenses. Subtitle B: Establishment of Federal Standards for Long-Term Care Insurance - Amends the Public Health Service Act to mandate the establishment of model Federal standards for long-term care insurance. Prohibits the offering of a long-term care insurance policy in a State unless the State has a regulatory program meeting the requirements of this Act or the policy has been certified by the Secretary of Health and Human Services. Authorizes grants to States for demonstration programs to improve enforcement of the standards. Authorizes appropriations. Imposes on agents selling long-term policies a duty of good faith and fair dealing. Prohibits twisting, high pressure tactics, and cold lead advertising. Mandates minimum financial standards, including income and asset criteria, for advising individuals considering the purchase of a long-term policy. Prohibits sales: (1) to an individual eligible for assistance under title XIX (Medicaid) of the Social Security Act; (2) of duplicate service policies; and (3) of policies that reduce, limit, or coordinate benefits on the basis of eligibility for other coverage or benefits. Provides for: (1) criminal and civil penalties; and (2) agent training and certification. Sets forth additional carrier responsibilities relating to refunding of premiums, mailing of policies, providing information on denials of claims, reporting of information, and limiting compensation to agents for the sale or renewal of policies. Prohibits cancellation or nonrenewal of a long-term care policy except for nonpayment of premium or material misrepresentation. Sets forth continuation and conversion rights for group policies, regulating premiums for converted policies. Requires guaranteed issuance to an individual if the individual meets the minimum medical requirements of the policy. Mandates standards regarding upgraded benefits. Limits cancellation for nonpayment by an incapacitated individual. Requires: (1) subject to exceptions, uniform language and definitions, a uniform format, and at least one standard benefit package; and (2) disclosure of certain matters, including an outline of coverage. Mandates recommendations by the National Association of Insurance Commissioners (NAIC) regarding informing consumers on the long-term economic viability of long-term care insurance carriers. Limits certain conditions on benefits. Requires, if benefits are provided for home health care or community-based services, that certain minimum benefits be provided. Prohibits treating cognitive or mental impairments (including Alzheimer's disease and mental illness) differently from other medical conditions. Limits preexisting condition requirements. Requires: (1) each claimant to have a functional assessment by an individual or entity meeting NAIC qualifications and unconnected to the policy issuer; (2) inflation protection, unless rejected in writing by a policyholder; (3) disclosure of certain premium increases; and (4) nonforfeiture benefits. Prohibits a carrier from contesting a policy or claim based on fraud or misrepresentation unless notice is provided within a time period set by NAIC. Establishes the right of a purchaser to return a policy within a specified period. Defines "long-term care insurance policy," excluding: (1) any basic Medicare supplemental policies; (2) other insurance offered primarily to provide specified types of coverage; and (3) certain life insurance policies. Authorizes grants for programs to provide information, counseling, and assistance regarding the procurement of long-term insurance. Authorizes appropriations. Subtitle : Protection of Assets Under Medicaid Through Use of Qualified Long-term Care Insurance - Amends the title XIX of the Social Security Act to require State Medicaid plans to disregard some or all of the individual's assets attributable to coverage under a qualified long-term care insurance contract in determining the individual's eligibility for long-term care services. Subtitle D: Studies - Requires the Comptroller General to study the feasibility of: (1) encouraging health care providers to donate their services to homebound patients; and (2) providing heads of households who care for elderly family members in their home with an income tax credit. (Sec. 3303) Requires the Secretary of Health and Human Services to study and report to the Congress on the feasibility of encouraging or requiring the use of a single designated public or nonprofit agency to coordinate, through case management, the provision of long-term care benefits under current Federal, State, and local programs in a geographic area. Subtitle E: Volunteer Service Credit Demonstration Projects - Amends the Older Americans Act of 1965 to require the Commissioner of the Administration on Aging to establish and operate a volunteer service credit demonstration project in each State.

Resolution· SRESS.Res. 284 (103rd)passed

A resolution increasing the efficiency of the deportation process and the removal of deportable aliens.

United States · United States Congress · 8 October 1994

Expresses the sense of the Senate that: (1) the Attorney General should consider implementing pilot projects to increase the efficiency of the deportation process by assuring alien orientation and representation; and (2) this resolution should not be construed as creating a right of representation at Government expense.

Bill· HRH.R. 5278 (103rd)referred

Jobs and Investment Act of 1994

United States · United States Congress · 7 October 1994

TABLE OF CONTENTS: Title I: Physical Capital Investment Subtitle A: Highways and Mass Transit Subtitle B: Airports Subtitle C: Railroads Subtitle D: Water and Sewage Treatment Facilities Subtitle E: Environmental Restoration Subtitle F: Community Development Assistance Subtitle G: Education Infrastructure Subtitle H: Renewable Energy and Energy Efficiency Title II: Human Capital Investment Subtitle A: Job Training Subtitle B: Education Subtitle C: Head Start Subtitle D: Programs Under Public Health Service Act Title III: Amendments of Internal Revenue Code of 1986 Subtitle A: Reduction in Employee Payroll Taxes; Credit for First-Time Homebuyers Subtitle B: Revenue Increases Title IV: Appropriations Title I: Physical Capital Investment - Subtitle A: Highways and Mass Transit - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to authorize additional appropriations from the Highway Trust Fund (other than the Mass Transit Account) for interstate maintenance, surface transportation, and bridges. (Sec. 1002) Amends the Federal Transit Act to authorize additional appropriations and make available additional funding from the Mass Transit Account for certain formula grants and discretionary grants transit programs. Subtitle B: Airports - Amends the Airport and Airway Improvement Act of 1982 to make available additional amounts for airport improvement program grants (including grants for airport noise compatibility planning). Subtitle C: Railroads - Amends the Department of Transportation Act to increase and extend the authorization of appropriations for local rail freight assistance. Subtitle D: Water and Sewage Treatment Facilities - Amends the Federal Water Pollution Control Act to extend the authorization of appropriations for State water pollution control revolving funds. Subtitle E: Environmental Restoration - Provides funds for environmental restoration at facilities of the Departments of Defense and of Energy. Sets forth various authorizations of appropriations and makes appropriations for such purposes. Subtitle F: Community Development Assistance - Chapter 1: Community Development Block Grants - Authorizes additional appropriations for community development block grants under the Housing and Community Development Act of 1974. Chapter 2: Community Banking and Economic Empowerment Act - Community Banking and Economic Empowerment Act - Directs the Secretary of Housing and Urban Development (HUD) to provide capital, operating, and technical assistance to community development lenders and certain eligible entities in order to: (1) make credit-related services available to low-income persons inadequately served by traditional lending institutions; and (2) promote development and revitalization of low-income neighborhoods. Delineates the purposes for which the Secretary of HUD may provide assistance to community development lenders and to the eligible entities establishing those lenders. Prescribes guidelines for assisted community development lenders, including assistance agreements and auditing procedures. (Sec. 1520) Amends the Community Reinvestment Act to preclude a regulated financial institution from receiving either an "outstanding" or a "satisfactory" rating for meeting community credit needs solely on the basis of its loans or investments in community development lenders. (Sec. 1521) Requires annual reports to the Congress. (Sec. 1524) Authorizes appropriations for: (1) capital and operating assistance for community development lenders; and (2) technical assistance for organizing and operating community development lenders. Subtitle G: Education Infrastructure - Education Infrastructure Act of 1994 - Directs the Secretary of Education to award grants to eligible local educational agencies to meet the National Education Goals through repair, renovation, alteration, and construction of public elementary or secondary school libraries, media centers, or facilities, used for academic or vocational instruction, including certain authorized activities. Authorizes appropriations. (Sec. 1606) Sets forth requirements for: (1) priorities in selection of applications; (2) maintenance of effort, supplementation of non-Federal funds, and general limitations; (3) minority small business participation as project contractors or subcontractors, and payment of wages in accordance with the Davis-Bacon Act; and (4) Federal evaluation. (Sec. 1610) Authorizes the comprehensive regional centers to provide technical assistance to such projects. Subtitle H: Renewable Energy and Energy Efficiency - Authorizes additional appropriations to the Secretary of Energy for renewable energy research, development, and demonstration programs described in specified provisions of the Renewable Energy and Efficiency Technology Competitiveness Act of 1989. (Sec. 1702) Amends the National Energy Conservation Policy Act to increase and extend the authorization of appropriations for the Federal Energy Efficiency Fund and the new technology demonstration program. Title II: Human Capital Investment - Subtitle A: Job Training - Amends the Job Training Partnership Act (JTPA) to establish an allied health professional job training program. Directs the Secretary of Labor to make grants to institutions of higher education to establish job training assistance programs for at-risk youths and long-term welfare recipients to become allied health professionals. Authorizes appropriations. Increases the authorization of appropriations for the following youth job training programs: (1) Youth Fair Chance under JTPA; and (2) Youthbuild under the Homeownership and Opportunity Through HOPE Act. Subtitle B: Education - Extends and increases the authorizations of appropriations for certain programs for educational personnel under the Adult Education Act and the Elementary and Secondary Education Act of 1965. Subtitle C: Head Start - Amends the Head Start Act to extend and increase the authorization of appropriations for Head Start programs. Subtitle D: Programs Under Public Health Service Act - Chapter 1: Funding Initiative for Programs Providing Health Services - Authorizes additional appropriations for the following programs under the Public Health Service Act: (1) community health centers; (2) migrant health centers; (3) health care for the homeless; (4) preventive services regarding tuberculosis, breast and cervical cancer, lead exposure, HIV disease, and prostate cancer; (5) immunization; (6) cancer registries; (7) comprehensive school health education; (8) prevention and control of sexually transmitted diseases, diabetes, and injuries; (9) child day care health and safety; (10) asthma; (11) environmental health, including response to urgent environmental threats to public health and environmental services regarding the health of individuals in the United States in the vicinity of the Mexican border; (12) block grants for community mental health services, prevention and treatment of substance abuse, and preventive health services; and (13) scholarship and loan repayment programs of the National Health Service Corps. Authorizes additional appropriations for the maternal and child health block grant program under the Social Security Act. Chapter 2: Community Health Advisor Program - National Community Health Advisor Act - Directs the Secretary of Health and Human Services, for each State or State-designated entity that submits an appropriate application, to award formula grants for the development and operation of community health advisor (CHA) programs. Requires such States to: (1) operate a clearinghouse to maintain and disseminate information on CHA programs; (2) provide technical assistance for training CHAs; and (3) coordinate all CHA activities carried out by the State under the award. Limits administrative costs to 15 percent of the total award. (Sec. 2314) Provides CHA program objectives and goals. Requires funding agreements for such awards to give priority to developing and operating CHA programs for medically underserved communities (poor rural and inner city areas). (Sec. 2315) Requires a State to provide matching funds of 25 percent of award amounts toward such programs. Requires a CHA program in a State to be carried out in at least one urban area and one rural area. Requires ongoing supervision of CHAs involved in the program. Allows for expenditures under the award for training and continuing education programs. Requires reports from State applicants to the Secretary assessing the effectiveness of CHA programs. (Sec. 2317) Provides for the determination of the amount allotted to each chosen applicant, taking into account the population and poverty level of the area involved. (Sec. 2318) Directs the Secretary to establish guidelines for quality assurance and cost-effectiveness of the CHA programs. (Sec. 2319) Requires evaluations of each such program. (Sec. 2320) Prohibits this chapter from being construed to require the Secretary to modify or terminate the Community Health Representative Program of the Indian Health Service. (Sec. 2322) Authorizes appropriations for the CHA program. Title III: Amendments of Internal Revenue Code of 1986 - Subtitle A: Reduction in Employee Payroll Taxes; Credit for First-Time Homebuyers - Amends the Internal Revenue Code (IRC) to provide a refundable credit for a portion of social security taxes for taxable years 1995 and 1996, equal to 20 percent of the taxpayer's social security taxes for that year, up to a maximum credit of $200, or $400 for a joint return. (Sec. 3002) Allows a nonrefundable personal credit for purchase of a principal residence by a first-time homebuyer. Sets such maximum overall credit at no more than $6,000. Subtitle B: Revenue Increases - Amends the IRC to establish a stock transfer excise tax. (Sec. 3102) Repeals a preferential rate of tax on capital gains. (Sec. 3103) Provides for a carryover basis for certain property acquired from a decedent. Provides for nonrecognition of gain where certain appreciated carryover basis property is used in satisfaction of a pecuniary bequest. Sets forth a procedure for binding determination of initial basis of carryover basis property. Sets forth requirements for information regarding carryover basis property acquired from a decedent. Sets penalties for negligent or fraudulent overstatement of initial basis and for failure to furnish such required information. Makes a $125,000 exclusion available to the spouse of a decedent in certain cases. (Sec. 3104) Allows unused capital loss carryovers to be transferred to an estate. Provides capital gain treatment for inherited art or similar property. Title IV: Appropriations - Appropriates amounts authorized under this Act. (Sec. 4002) Designates the entire amount appropriated under this Act as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985.

Law· HRH.R. 5246 (103rd)enacted

International Narcotics Control Corrections Act of 1994

United States · United States Congress · 7 October 1994

TABLE OF CONTENTS: Title I: International Narcotics Control Title II: NATO Participation Act of 1994 International Narcotics Control Corrections Act of 1994 - Title I: International Narcotics Control - Amends the Foreign Assistance Act of 1961 to redefine a "major illicit drug producing country" as a country in which 1,000 hectares or more of illicit opium poppy or coca is cultivated or harvested annually or 5,000 hectares or more of illicit cannabis is cultivated or harvested annually unless the President determines that such cannabis production does not significantly affect the United States. Provides for advance notification to the appropriate congressional committees of any transfer by the Government to a foreign country, for narcotics control purposes, of property or funds seized or forfeited in connection with narcotics-related activities. Reallocates foreign assistance (currently, security assistance) withheld from countries that fail to take adequate steps to halt illicit drug production or trafficking. Extends certain international narcotics control strategy reporting requirements and annual certification procedures for FY 1993 and 1994 through FY 1995. Makes such requirements and procedures currently applicable after September 30, 1994, effective after September 30, 1995 (the beginning of FY 1996). Repeals specified international narcotics control Acts. Exempts specified narcotics control-related transfers of excess defense articles, foreign military financing, and international military education and training from a prohibition on assistance to foreign law enforcement agencies. Waives all restrictions on assistance (except for countries that are "decertified" under narcotics control certification provisions) with respect to narcotics-related assistance provided during FY 1995 if the President notifies the appropriate congressional committees in advance. Authorizes the President to furnish assistance to any country or international organization during FY 1995 for the prevention and suppression of international criminal activities. Exempts such assistance from the prohibition on assistance to foreign law enforcement agencies. Requires the President to take steps to ensure that the immediate relatives of any individual involved in drug trafficking are not permitted entry into the United States consistent with the Immigration and Nationality Act. Title II: NATO Participation Act of 1994 - NATO Participation Act of 1994 - Authorizes the President to establish a program to assist the transition to full North Atlantic Treaty Organization (NATO) membership of Poland, Hungary, the Czech Republic, Slovakia, and other designated Partnership for Peace countries. Permits the President, in carrying out such program, to provide excess defense articles, international military education and training, and foreign military financing assistance to such countries.

Bill· SS. 2518 (103rd)referred

A bill for the relief of Ang Tsering Sherpa.

United States · United States Congress · 6 October 1994

Declares a named individual to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.

Bill· SS. 2533 (103rd)referred

Immigration Control and Reform Act of 1994

United States · United States Congress · 6 October 1994

TABLE OF CONTENTS: Title I: Legal Immigration Reform Subtitle A: Admission of Legal Immigrants Subtitle B: Admission of Refugees Title II: Illegal Immigration Control Subtitle A: Land Borders Control Subtitle B: Ports of Entry Control Subtitle C: Overseas Airports Control Subtitle D: Alien Smuggling Control Subtitle E: Employer Sanctions Enforcement Subtitle F: Prohibition on Welfare Benefits to Illegal Aliens Subtitle G: State and Local Cooperation in Immigration Enforcement Title III: Exclusion and Deportation Reform Subtitle A: Criminal Aliens Subtitle B: Terrorist Aliens Subtitle C: Enforcement of Deportation Orders Subtitle D: Expedited Asylum Review at Ports of Entry Subtitle E: Asylum Reform Subtitle F: Miscellaneous Provisions Title IV: Effective Date Immigration Control and Reform Act of 1994 - Title I: Legal Immigration Reform - Subtitle A: Admission of Legal Immigrants - Amends the Immigration and Nationality Act (Act) to reduce annual legal immigration ceilings. Subtitle B: Admission of Refugees - Amends the Act to place an annual ceiling on refugee admissions. Title II: Illegal Immigration Control - Subtitle A: Land Borders Control - Directs the Attorney General to: ( 1) place additional physical barriers along the United States-Mexico border; and (2) establish an interior repatriation program. Subtitle B: Ports of Entry Control - Authorizes the Attorney General to require ships arriving at U.S. entry ports to give 24 hours advance notice to the Immigration and Naturalization Service (INS). Subtitle C: Overseas Airports Controls - Directs the Attorney General to determine the feasibility of establishing: (1) specified numbers of preinspection stations at foreign airports identified as last departure points for the greatest numbers of U.S.-arriving passengers; and (2) an air carrier consultant program. (Sec. 222) Provides for airline personnel training in fraudulent document detection. Subtitle D: Alien Smuggling Control - Amends the Act to increase INS forfeiture authority for smuggling or harboring illegal aliens. (Sec. 232) Brings alien smuggling operations under the purview of the Racketeer Influenced and Corrupt Organizations (RICO) provisions. (Sec. 233) Increase penalties for certain alien smuggling offenses. (Sec. 234) Amends Federal law to authorize INS wiretaps for alien smuggling investigations. Subtitle E: Employer Sanctions Enforcement - Amends the Act with respect to employer sanction provisions, including: (1) work eligibility documents; and (2) social security telephone verification. Subtitle F: Prohibition on Welfare Benefits to Illegal Aliens - Prohibits the payment of: (1) direct Federal financial or social insurance benefits (except for emergency medical care) to illegal aliens; (2) unemployment benefits to aliens without employment authorization; or (3) housing benefits to illegal aliens. (Sec. 254) Authorizes appropriations for the automated System for Alien Verification of Eligibility (SAVE). Subtitle G: State and Local Cooperation in Immigration Enforcement - Prohibits Federal assistance to a State or locality that refuses to cooperate with the arrest and deportation of illegal aliens. (Sec. 262) Establishes a uniform vital statistics pilot program for three States with high numbers of undocumented aliens. Authorizes appropriations. Title III: Exclusion and Deportation Reform - Subtitle A: Criminal Aliens - Amends the Act to include aliens on criminal probation or criminal parole among the categories of aliens subject to special registration. (Sec. 302) Expands the definition of "aggravated felony." (Sec. 503) Expedites deportation proceedings for specified criminal aliens. (Sec. 303) Provides for judicial deportation of aliens convicted of an aggravated felony. (Sec. 304) Restricts specified deportation defenses. (Sec. 305) Directs the Secretary of State and the Attorney General to study the use and effectiveness of the Prisoner Transfer Treaty with Mexico to remove convicted aliens from the United States. Subtitle B: Terrorist Aliens - Amends the Act to establish procedures for the removal of alien terrorists, including a special court to hear such cases. (Sec. 312) Makes membership in a terrorist organization a basis for U.S. exclusion. Subtitle C: Enforcement of Deportation Orders - Amends the Act to limit challenges to deportation orders. Subtitle D: Expedited Asylum Review at Ports of Entry - Amends the Act to revise port of entry alien inspection and exclusion provisions. Subtitle E: Asylum Reform - Amends the Act to revise asylum and related judicial review provisions. Subtitle F: Miscellaneous Provisions - Amends the Act to authorize telephonic or electronic deportation hearings. Title IV: Effective Date - Sets forth the effective date for provsions of this Act.

Bill· HRH.R. 5228 (103rd)referred

Bipartisan Health Care Reform Act of 1994

United States · United States Congress · 6 October 1994

TABLE OF CONTENTS: Title I: Assuring Availability and Continuity of Health Coverage Subtitle A: Insurance Reforms Subtitle B: Benefits Subtitle C: Employer Responsibilities Subtitle D: Standards and Certification; Enforcement; Preemption Subtitle E: Multiple Employer Health Benefits Protection and Related Provisions Subtitle F: Definitions; General Provisions Title II: Removal of Financial Barriers to Access Subtitle A: Tax Deductibility for Individuals and Self- Employed Subtitle B: Premiums and Cost-Sharing Subsidy Program for Low-Income Individuals Title III: Medicaid Reforms Subtitle A: Treatment of Acute Care Benefits for AFDC and Non-cash Beneficiaries Subtitle B: Flexibility in Expenditures for Supplemental Benefits for AFDC and Non-cash Beneficiaries Subtitle C: Increased State Flexibility in Contracting for Coordinated Care Subtitle D: Additional Medicaid Reforms Title IV: Access Improvements Subtitle A: Expanding Access in Underserved Areas Subtitle B: Improved Access in Rural Areas Subtitle C: Academic Health Centers Subtitle D: United States-Mexico Border Health Commission Title V: Health Care Quality Enhancement Subtitle A: Quality Assurance Subtitle B: Primary Care Provider Education Title VI: Market Incentives to Containing Costs Subtitle A: Facilitating Establishment of Health Plan Purchasing Organization (HPPOs) Subtitle B: Preemption of State Benefit Mandates and Anti-Managed Care Laws Subtitle C: Malpractice Reform Subtitle D: Administrative Simplification Subtitle E: Fair Health Information Practices Subtitle F: Antitrust Subtitle G: Fraud and Abuse Subtitle H: Billing for Laboratory Services Title VII: Medicare Subtitle A: Increased Beneficiary Choice; Improved Program Efficiency Subtitle B: Savings Title VIII: Incentives to Purchase Long-Term Care Insurance Subtitle A: Establishment of Federal Standards for Long-term Care Insurance Subtitle B: Tax Treatment of Long-term Care Insurance Title IX: Department of Veterans Affairs Title X: Miscellaneous Savings Provisions Subtitle A: Automobile Insurance Coordination Subtitle B: Prefunding Government Health Benefits Contributions Bipartisan Health Care Reform Act of 1994 - Title I: Assuring Availability and Continuity of Health Coverage - Subtitle A: Insurance Reform - Part 1: Guaranteed Access to Health Coverage - Requires carriers that offer health insurance coverage in the individual-small group market in a fair rating area to make available qualified standard coverage and high-deductible coverage to qualifying individuals or small employers. (Sec. 1001) Exempts federally qualified health maintenance organizations (HMOs) and HMOs or managed care organizations recognized by State laws from the requirement to provide high-deductible coverage. Prohibits the offer of high-deductible coverage unless the carrier also makes standard coverage available with identical benefits and the individual or employee demonstrates that they have available assets equal to at least the deductible amount under the high-deductible coverage. Requires carriers to provide for coverage of benefits for items and services furnished throughout the fair rating area. Prohibits carriers from limiting coverage to portions of interstate metropolitan statistical areas (MSAs), requiring them to provide coverage throughout the entire MSA. Requires coverage offers to include a family coverage option. Prohibits carriers from requiring employers under group health plans to impose waiting periods for health coverage or require conditions on health coverage based on an individual's: (1) health status; (2) claims experience; (3) receipt of health care; (4) medical history; (5) receipt of public subsidies; or (6) lack of evidence of insurability. (Sec. 1002) Requires carriers to accept every small employer and qualifying individual that applies for enrollment during the required enrollment period. Provides that in the case of coverage offered by carriers or under group health plans that provide benefits through a managed care arrangement, the carriers or plans: (1) need not establish health care facilities throughout the fair rating area if the facilities are located in a manner that does not discriminate on the basis of health status of individuals residing in proximity to such facilities; and (2) may deny coverage under certain conditions. Permits carriers to deny coverage if they do not have the necessary financial reserves. (Sec. 1003) Prohibits carriers from denying, cancelling, or refusing to renew health coverage except on the basis of nonpayment of premiums or fraud or because they are not providing a particular coverage option in the market. Sets limitations on market exit and re-entry by carriers. Establishes similar conditions for cancellation or denial by multiemployer plans and multiple employer health plans. (Sec. 1004) Prohibits carriers or group health plans from excluding coverage with respect to services provided for preexisting conditions, except as provided by this Act. Provides for exclusion periods of up to six months subject to certain conditions. Makes exclusions inapplicable to pregnancy, newborns, adopted children, and certain individuals enrolled or enrolling during an open enrollment period. (Sec. 1005) Sets forth provisions regarding enrollment periods. Part 2: Provision of Benefits - Establishes: (1) standards for managed care arrangements and requirements and utilization review programs; and (2) requirements for arrangements with essential community providers. (Sec. 1014) Provides for the establishment of medical savings accounts. Makes the account beneficiary the owner of the account and includes distributions not used for qualified medical expenses in the beneficiary's gross income. Sets forth uses and limitations for such accounts. Excludes: (1) employer contributions to any medical savings account of an eligible employee from gross income (to the extent such contributions do not exceed the excess of premiums for standard coverage over the premiums for high-deductible coverage); and (2) health benefit payments made by employers from employment taxes. Part 3: Fair Rating Practices - Provides that the premium rate established by carriers for health insurance coverage in the individual-small group market may not vary except by the following: (1) age; (2) geographic area; (3) family class; (4) benefit design of coverage and by type of coverage option; and (5) permitted expense category. (Sec. 1022) Directs carriers and group health plans to accept and apply premium certificates issued under State premium assistance programs under title XXI of the Social Security Act (as established by this Act). (Sec. 1023) Requires the Secretary of Health and Human Services to request the National Association of Insurance Commissioners (NAIC) to develop a model risk adjustment system under which premiums applicable to coverage in the individual-small group market and coverage under small employer pooling arrangements and multiple employer welfare arrangements that are fully insured would be adjusted to take into account factors to predict the future need and efficient use of services by covered individuals in the market. Incorporates such model into a rule that specifies risk adjustment mechanisms. Requires each State to develop systems that conform with the Federal model. Part 4: Consumer Protections - Requires carriers and group health plans to provide information relating to their performance in providing coverage to specified individuals, including prospective enrollees. (Sec. 1032) Prohibits carriers from varying the commission or other remuneration to a person based on the claims experience or health status of individuals enrolled by or through such person. Subtitle B: Benefits - Sets forth provisions regarding standard coverage, preventive benefits to be covered without any deductible or cost-sharing, and high-deductible coverage. (Sec. 1105) Sets forth conditions under which supplemental benefits may be provided. (Sec. 1106) Requires carriers and group health plans to provide for an option under which children under 26 (without regard to whether they are students or disabled) will be treated as family members. Authorizes additional premiums for such option. (Sec. 1107) Includes coverage provided by Christian Science practitioners or in a Christian Science sanitorium within benefits under standard coverage. Subtitle C: Employer Responsibilities - Requires employers to make available to qualifying employees coverage under a group health plan that meets specified requirements, including: (1) an annual offering of coverage; (2) a choice of coverage and family coverage options; (3) an annual enrollment period; and (4) payroll withholding of premiums. (Sec. 1201) Provides that an employer is not required, subject to provisions regarding an equal contribution rule, to make any contribution to the cost of health coverage. Makes requirements regarding choice of coverage inapplicable if a group health plan is in effect as of July 1, 1994, and the employer makes contributions on behalf of employees under a collective bargaining agreement or similar contract. Excludes from this subtitle's requirements certain new and small employers. (Sec. 1202) Imposes an excise tax for failures of employers to comply with this subtitle. Subtitle D: Standards and Certification; Enforcement; Preemption; General Provisions - Directs the Secretary to request the NAIC to develop model regulations that specify standards with respect to this subtitle for carriers and health insurance coverage. (Sec. 1304) Imposes a tax on carriers that fail to comply with Parts 1 through 4 of Subtitle A and Subtitle B of this title unless a State has in effect a regulatory mechanism that provides sanctions. (Sec. 1305) Prohibits a single employer plan from offering health coverage other than through a carrier unless the plan has at least 100 eligible employees. Subtitle E: Multiple Employer Health Benefits Protections and Related Provisions - Part 1: Multiple Employer Health Benefits Protections - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish certification standards under title I (Protection of Employee Benefit Rights) for multiple employer welfare arrangements (MEWAs) providing health benefits. (Sec. 1401) Treats as employee welfare benefits plans, and exempts from certain restrictions on preemption, a MEWA which provides benefits consisting solely of specified medical care, which is not fully insured, and which applies for and receives a specified certification. Requires certain disclosures to participating employers. Requires certified MEWAs which are not fully insured to maintain excess-stop loss coverage and specified types of reserves. Sets forth corrective actions which such MEWAs' operating committees must take: (1) to avoid depletion of reserves; or (2) in connection with termination of the MEWA. Provides for review of actions by the Secretary of Labor with respect to denials of applications for, or suspensions or revocations of, such certifications. Requires, in cases where coverage is provided under a multiple employer health plan and more than ten percent of the participating employers are small employers, that the arrangement is maintained in the form of a small employer pooling arrangement. Sets forth requirements for such arrangements. (Sec. 1402) Revises ERISA with respect to: (1) a specified exemption from preemption; (2) treatment of single employer arrangements; and (3) treatment of certain collectively bargained arrangements. (Sec. 1405) Sets forth ERISA requirements relating to employee leasing health care arrangements (ELHAs). Provides for treatment of ELHAs as MEWAs, with certain exceptions. Sets forth special rules under which an ELHA may receive a MEWA certification. (Sec. 1408) Allows delegation to a State of some or all of the Secretary's enforcement authority with respect to MEWAs with certifications. Directs the Secretary to provide enforcement and technical assistance to the States with respect to MEWAs. Part 2: Simplifying Filing of Reports for Employers Covered under Multiple Employer Welfare Arrangements Providing Fully Insured Coverage Consisting of Medical Care - Directs the Secretary to prescribe an alternative method for the filing of a single annual report for all participating employers under MEWAs under which all coverage consists of medical care and is fully insured. Subtitle F: Definitions; General Provisions - Part 1: Definitions - Sets forth specified definitions. (Sec. 1905) Makes this title effective for plan years beginning on or after 1997 with respect to group health plans and as of January 1, 1997, with respect to carriers (for coverage other than under a group health plan). Part 2: Report and Recommendations on Health Coverage and Access - Provides that it is an objective of this Act to assure by 2002 that: (1) all eligible individuals in the United States have access to health coverage; and (2) at least 95 percent of such individuals have such coverage. (Sec. 1912) Requires the Secretary of Health and Human Services to report to the Congress on the extent to which eligible individuals have, or have access to, health care coverage. Title II: Removal Of Financial Barriers To Access - Subtitle A: Tax Deductibility for Individuals and Self-Employed - Amends the Internal Revenue Code to: (1) increase on a graduated basis the tax deduction for health insurance costs of self-employed individuals; (2) make the deduction permanent; (3) allow a tax deduction, regardless of whether the taxpayer itemizes other deductions, for health insurance costs of non-self-employed individuals not eligible to participate in any subsidized employer health plan; and (4) subject to taxation certain health benefits provided through cafeteria plans and flexible spending arrangements. Subtitle B: Premium and Cost-Sharing Subsidy Program for Low-Income Individuals - States that the amendments made by this subtitle and title III below provide for a transition from the current Medicaid system to a new system of acute care low-income assistance. (Sec. 2101) Amends the Social Security Act (SSA) to add a new title XXI providing for the establishment of new State programs under which, as a requirement for State participation in Medicaid, certain low-income eligible individuals who are not Medicare beneficiaries, SSI recipients, prison inmates, or unlawful aliens will be eligible for premium and cost-sharing assistance for use in obtaining qualifying coverage of the standard and preventive health benefits discussed above under title I of this Act. Sets forth specific requirements for such programs, allowing waivers in the case of any demonstration project which in the judgment of the Secretary of Health and Human Services is likely to assist in promoting the objectives of new SSA title XXI. Creates in the Treasury the Health Care Assurance Trust Fund to contain the savings resulting from this Act and other specified amounts for use in paying States operating subsidy and supplemental acute care benefits programs. Establishes a mechanism for financing such programs that is designed to be deficit neutral. Prohibits the use of funds appropriated to carry out new SSA title XXI to provide premium or cost-sharing assistance or supplemental acute care benefits under part B added below in connection with any abortion, except in cases where an abortion is necessary to save the life of the mother or where the pregnancy results from rape or incest. Title III: Medicaid Reforms - Subtitle A: Treatment of Acute Care Benefits for AFDC and Non-Cash Beneficiaries - Amends SSA title XIX (Medicaid) to: (1) establish Medicaid rules for benefits for acute medical services for AFDC recipients and non-cash Medicaid beneficiaries; (2) provide for the division of acute medical service benefits into core benefits and supplemental acute care benefits; (3) limit the amount of Federal financial participation for benefits for acute medical services for AFDC recipient and non-cash Medicaid beneficiaries; (4) condition Federal financial participation on State maintenance-of-effort; and (5) provide for the continuation of State Medicaid eligibility categories. Subtitle B: Flexibility in Expenditures for Supplemental Benefits for AFDC and Non-Cash Beneficiaries - Amends new SSA title XXI to require each State to establish a State supplemental acute care benefits program. Subtitle C: Increased State Flexibility in Contracting for Coordinated Care - Amends SSA title XIX to modify Federal requirements to allow States more flexibility in contracting for coordinated care services. Subtitle D: Additional Medicaid Reforms - Amends SSA title XIX to make various specified changes providing for: (1) a reduction in the amount of payment adjustments for disproportionate share hospitals; (2) elimination of the medically needy program for individuals not in an institution; and (3) elimination of the Medicaid pediatric immunization program, and establishment of alternative delivery programs. Title IV: Access Improvements - Subtitle A: Expanding Access in Underserved Areas - Amends SSA title XI to provide for community health authorities demonstration projects for providing access to cost-effective preventive and primary care and related services for various areas and populations, including low-income residents of medically underserved areas or for medically underserved populations. Amends the Public Health Service Act to authorize the Secretary to make grants to migrant and community health centers for the development of health service networks for serving high impact areas, medically underserved areas, or medically underserved populations within the area they serve. Subtitle B: Improved Access in Rural Areas - Part 1: Grants to Encourage Community Rural Health Networks - Directs the Secretary of Health and Human Services to make grants to an eligible State for the development of plans to increase access to health care services for residents of areas in the State designated as chronically underserved areas. Provides for technical assistance for entities establishing or enhancing a community rural health network in an underserved rural area. Provides financial assistance to entities to provide for the development and implementation of community rural health networks. Authorizes appropriations. Part 2: Incentives for Health Professionals to Practice in Rural Areas - Subpart A: National Health Service Corps Program - Amends the Internal Revenue Code to exclude National Health Service Corps Loan Repayments from gross income. (Sec. 4113) Increases the authorization of appropriations for the National Health Service Corps Scholarship and Loan Repayment Programs. Subpart B: Incentives Under Other Programs - Amends title XVIII (Medicare) of the Social Security Act to provide incentives under such Act to physicians in former shortage areas. Directs the Secretary to develop and publish a model law for adoption by States to increase the access of individuals residing in underserved rural areas to health care services by expanding the services which non-physician health care professionals may provide in such areas. Part 3: Assistance for Institutional Providers - Subpart A: Community and Migrant Health Centers - Extends and increases the authorizations of appropriations for migrant health centers and community health centers. Subpart B: Emergency Medical Systems - Revises title XII (Trauma Care) of the Public Health Service Act. Renames such title Emergency Medical and Trauma Care Services. Directs the Secretary to establish the Office of Emergency Medical and Trauma Care Services. Requires the Secretary to: (1) conduct and support research and demonstration projects; (2) foster development of appropriate modern systems of services; (3) assist States; and (4) coordinate and sponsor related activities. Requires that activities meet the unique needs of underserved inner-city and rural areas. (Sec. 4141) Authorizes grants to States to improve the availability and quality of emergency medical services through the operation of State offices of emergency medical services. Authorizes appropriations for emergency medical services. (Sec. 4142) Directs the Secretary to make grants to assist States in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas with access to treatments for injuries resulting from such emergencies. Authorizes appropriations. Subpart C: Assistance to Rural Providers Under Medicare - Amends title XVIII (Medicare) of the Social Security Act to: (1) increase by two the number of States eligible to participate in the essential access community hospital program; and (2) make other revisions concerning such program, including permitting the participation of hospitals in urban areas and the participation of hospitals in States adjoining participating States. Extends, by three years, the deadline for the development of prospective payment systems for both inpatient and outpatient rural primary care hospital services. (Sec. 4152) Defines a rural emergency access care hospital and rural emergency access care hospital services for purposes of title XVIII. Provides for the coverage of such services under part B (Supplementary Medical Insurance) of title XVIII. Subpart D: Demonstration Projects to Encourage Primary Care and Rural-Based Graduate Medical Education - Directs the Secretary to establish and conduct a demonstration project to increase the number and percentage of medical students entering primary care practice. Authorizes appropriations. Part 4: Hospital Affiliated Primary Care Center - Requires the Secretary to make grants and provide technical assistance to community hospitals for the development and operation of primary care services in medically underserved areas. Provides for a plan to allow primary care centers to retain income earned from operation under certain conditions. Authorizes appropriations. Subtitle C: Academic Health Centers - Directs the Secretary to study and report to the Congress on: (1) the feasibility and desirability of making payments to facilities that are not hospitals for the costs of graduate medical education attributable to residents trained at such facilities; and (2) determining the funding needs of health professions schools. Subtitle D: United States-Mexico Border Health Commission - Authorizes the President to conclude an agreement with Mexico to establish a binational commission to be known as the United States-Mexico Border Health Commission. (Sec. 4302) Declares that it should be the duty of the Commission to: (1) conduct a needs assessment in the U.S.-Mexican border area to identify and resolve health problems that affect the general population of the area; and (2) formulate recommendations for a fair method by which the government of one country could reimburse a public or private entity in the other country for the cost of a health care service furnished to a citizen of the first country who is unable to pay for the service. States that the Commission should establish at least two regional border offices in selected locations. Title V: Health Care Quality Enhancement - Subtitle A: Quality Assurance - Directs the Secretary to establish a Health Quality Advisory Council to develop an initial set of quality measures to be used to assess the quality of carriers, group health plans, and multiple employer welfare arrangements. Provides for auditing of such entities to determine compliance with certain quality measure and reporting requirements. Subtitle B: Primary Care Provider Education - Amends the Public Health Service Act to extend through FY 1999 authorized funding for training for certain health service providers. Title VI: Market Incentives to Containing Costs - Subtitle A: Facilitating Establishment of Health Plan Purchasing Organization (HPPOs) - Part 1: Health Plan Purchasing Organizations - Authorizes the establishment of health plan purchasing organizations (HPPOs) in accordance with this part. (Sec. 6002) Requires HPPOs to enter into agreements with carriers that desire to make health coverage available through HPPOs. (Sec. 6004) Requires HPPOs to offer enrollment for coverage for carriers. Authorizes HPPOs to impose administrative fees for enrollment. (Sec. 6006) Requires States to: (1) review the access of residents who are not employees of large employers or Medicare beneficiaries to obtain standard health insurance coverage through an HPPO; and (2) take actions to ensure that public or private entities provide access to residents who are unable to obtain such coverage. Part 2: Encouragement of Multiple Employer Arrangements Providing Basic Health Benefits - Amends the Internal Revenue Code to eliminate the commonality of interest or geographic location requirement for tax exempt trust status for certified multiple employer health plans, fully-insured multiple employer welfare arrangements, and other specified plans described by ERISA. Part 3: Tax Exemption for High Risk Pools - Provides tax-exempt status to corporations or similar legal entities created by States or political subdivisions to establish risk pools to provide health insurance coverage to persons unable to obtain such insurance because of health conditions. Subtitle B: Preemption of State Benefit Mandates and Anti-Managed Care Laws - Preempts State laws that: (1) mandate health insurance benefits; (2) restrict managed care arrangements and utilization review programs; and (3) prohibit two or more employers from obtaining coverage that is fully-insured under multiple employer health plans. (Sec. 6105) Prohibits States from enforcing standards for health insurance coverage that differ from those established under title I of this Act. (Sec. 6106) Directs the Comptroller General to study and report to the Congress on the benefits and cost effectiveness of the use of managed care in the delivery of health care services. Subtitle C: Malpractice Reform - Part 1: Uniform Standards for Malpractice Claims - Makes this part applicable to any medical malpractice liability action brought in a Federal or State court and to any medical malpractice claim subject to an alternative dispute resolution (ADR) system that is initiated on or after January 1, 1996. (Sec. 6202) Prohibits a medical malpractice liability action from being brought in any State court during a calendar year unless the relevant claim has been initially resolved (i.e., a decision has been reached on whether the defendant is liable to the plaintiff for damages and on the amount of damages) under a certified ADR system or an alternative Federal system. Prohibits a medical malpractice liability action from being brought in Federal court based on diversity of citizenship during a calendar year unless the relevant claim has been initially resolved under such a system in the State whose law applies. Directs the Attorney General to establish an ADR process for tort claims consisting of medical malpractice liability claims brought against the United States. Prohibits a medical malpractice liability action based on such a claim from being brought in any Federal court unless the claim has been initially resolved under such process. Sets forth procedures for filing actions. (Sec. 6203) Authorizes States to develop specialty clinical practice guidelines to be certified by the Secretary. (Sec. 6204) Limits to $250,000 the amount of noneconomic damages that may be awarded to a claimant and family members in a medical malpractice liability action. (Sec. 6206) Sets forth provisions regarding: (1) limits on attorney fees and other costs; and (2) statutes of limitations. (Sec. 6208) Specifies that in the case of a medical malpractice claim relating to services provided during labor or the delivery of a baby, if the health care professional or provider did not previously treat the claimant for the pregnancy, the trier of fact may not find that the defendant committed malpractice nor assess damages unless the malpractice is proven by clear and convincing evidence. (Sec. 6210) Provides that this part preempts State law, except for State law that imposes greater restrictions than those provided in this part. Part 2: Requirements for State Alternative Dispute Resolution Systems (ADR) - Lists requirements for State ADR systems, including that such a system: (1) applies to all medical malpractice liability claims under the jurisdiction of the courts of that State; (2) requires that a written opinion resolving the dispute be issued within six months after each party against whom the claim is filed has received notice of the claim; (3) is approved by the State or local governments; (4) provides for the transmittal to the State agency responsible for monitoring or disciplining health care professionals and providers of any findings of malpractice; and (5) provides for the regular transmittal of information on disputes resolved under the system to the Administrator for Health Care Policy and Research in a manner that protects the identity of the parties involved. (Sec. 6222) Directs the Secretary to certify State ADR systems that meet such requirements on an annual basis. Requires the Secretary to establish an alternative Federal ADR system for the resolution of medical malpractice liability claims in States that do not have in effect a certified ADR system. (Sec. 6223) Directs the Secretary to submit to the Congress a report describing and evaluating State ADR systems and the alternative Federal system. Part 3: Definitions - Sets forth definitions for this subtitle. Subtitle D: Administrative Simplification - Part 1: Standards for Data Elements and Transactions - Directs the Secretary to adopt standards for: (1) the electronic transmission of health information data; and (2) information transactions. Part 2: Requirements with Respect to Certain Transactions and Information - Lists transactions to be considered as standard transactions with respect to plan sponsors and HPPOs. (Sec. 6322) Requires certified health information security organizations to make available to Federal or State agencies, pursuant to a cost-type contract, any non-identifiable health information that is held by the service, consists of data elements that are subject to a standard under part 1, and is requested by such an agency to fulfill a requirement under this Act. (Sec. 6323) Directs the Secretary to establish a procedure under which a plan sponsor or health provider that does not have the ability to transmit standard data elements and does not have access to a certified health information network may comply with this part. Part 3: Miscellaneous Provisions - Requires the Secretary to establish standards and a certification procedure for health information network services. (Sec. 6333) Provides that this subtitle supersedes State law. Prohibits the enforcement of any State law that requires medical or health plan records to be maintained or transmitted in written rather than electronic form, except as provided by the Secretary. (Sec. 6334) Authorizes the Secretary to make grants for demonstration projects to promote the development and use of electronically integrated community-based clinical information systems and computerized patient medical records. Part 4: Assistance to the Secretary - Establishes the Health Care Information Advisory Committee to: (1) provide assistance to the Secretary in complying with the requirements imposed on the Secretary under this subtitle and subtitle E; (2) be responsible for advising the Secretary and the Congress on the status of the health information network; and (3) make recommendations to correct any problems that may occur in the network's implementation and operations and to refine and improve the network. Subtitle E: Fair Health Information Practices - Part 1: Duties of Health Information Trustees - Sets forth rights of individuals with respect to inspection of protected health information maintained by a health information trustee (specified entities, including health care providers, health benefit plan sponsors, and public health authorities). Makes exceptions to inspection rights if: (1) the information relates to mental health treatment notes or persons other than the protected individual; (2) the inspection could be expected to threaten an individual's life or personal safety; (3) the information could lead to the identification of a confidential source; (4) the information is used solely for administrative purposes or is duplicative; or (5) the information is compiled principally in anticipation of a legal proceeding. (Sec. 6402) Sets forth conditions under which a trustee must correct or amend information at the request of a protected individual. (Sec. 6404) Provides for: (1) recordkeeping with respect to health information disclosures; and (2) safeguards to ensure confidentiality and protection of information. Part 2: Use and Disclosure of Protected Health Information - Permits a health information trustee to use protected health information only for a purpose that is compatible with and related to the purpose for which the information was collected or received or for which the trustee is authorized to disclose under this subtitle. (Sec. 6411) Limits the use or disclosure of protected health information by a health information trustee to the minimum amount of information necessary. (Sec. 6412) Authorizes a health information trustee to disclose protected health information pursuant to an authorization executed by the individual who is the subject of the information if specified requirements are met. (Sec. 6413) Authorizes the disclosure of protected health information, subject to specified restrictions: (1) in connection with treatment and payment; or (2) for use in an action against or investigation of an individual relating to receipt of or payment for health care. (Sec. 6414) Sets forth provisions regarding the disclosure of protected health information to next of kin and others. (Sec. 6415) Establishes requirements with respect to the reporting of protected health information: (1) to a public health authority; (2) for a health research project; (3) in emergency circumstances; (4) for judicial and administrative purposes; (5) to a law enforcement agency; (6) pursuant to subpoena or warrant; and (7) to a health information service organization. Part 3: Access Procedures and Challenge Rights - Sets forth access procedures and challenge rights with respect to attempts to obtain protected health information. Part 4: Miscellaneous Provisions - Provides that if a protected individual pays a health information trustee for health care by presenting a debit, credit, or other payment card or by other electronic means, the trustee may only disclose protected health information as is necessary for the processing of the payment transaction. (Sec. 6442) Sets forth conditions under which protected health information may be released to persons outside the United States. (Sec. 6443) Directs the Secretary to establish standards with respect to the creation, transmission, receipt, and maintenance, in electronic and magnetic form, of documents required or authorized under this subtitle. (Sec. 6444) Sets forth duties of affiliated persons to whom health information trustees are authorized to provide protected health information. (Sec. 6445) Sets forth the rights of persons acting as agents or attorneys of protected individuals or on behalf of minors. Part 5: Enforcement - Authorizes persons whose rights under this subtitle have been knowingly or negligently violated to maintain civil actions. Sets forth penalty provisions. (Sec. 6453) Directs the Secretary to develop alternative dispute resolution methods for use by individuals, health information trustees, and others in resolving claims made in civil actions. (Sec. 6454) Amends the Federal criminal code to provide penalties for offenses related to protected health information. Part 6: Amendments to Title 5, United States Code - Requires Federal agencies that are health information trustees to promulgate rules to exempt systems of records within such agencies, to the extent that such systems contain protected health information, from certain provisions regarding access and other requirements with respect to an individual's records. Part 7: Regulations, Research, and Education; Effective Dates; Applicability; and Relationship to Other Laws - Directs the Secretary to prescribe regulations to carry out this subtitle. (Sec. 6471) Authorizes the Secretary to sponsor: (1) research relating to the privacy and security of protected health information; (2) the development of consent forms governing the disclosure of such information; and (3) the development of technology to implement standards regarding such information. Directs the Secretary to establish education and awareness programs to: (1) foster security practices by health information trustees; (2) train personnel of health information trustees respecting their duties with respect to such information; and (3) inform individuals and employers who purchase health care respecting their rights with respect to such information. (Sec. 6474) Prohibits States from enforcing any law that is inconsistent with certain requirements of this subtitle or imposes additional requirements with respect to health information trustees. Subtitle F: Antitrust - Directs the Attorney General to: (1) provide for the development of guidelines on the application of antitrust laws to the activities of health plans; and (2) establish a review process under which a health plan may request the Department of Justice's opinion on the plan's conformity with the Federal antitrust laws. (Sec. 6502) Requires the Attorney General to issue a certificate of public advantage to each eligible health care collaborative activity that complies with this section's requirements. Provides that such activity shall not be liable under the antitrust laws for conduct described in the certificate if such conduct occurs while the certificate is in effect. Directs the Attorney General to issue such a certificate if: (1) the benefits that are likely to result from the activity outweigh the reduction in competition that is likely to result; and (2) such reduction is necessary to obtain such benefits. Sets forth activity eligibility requirements. (Sec. 6503) Directs the Attorney General to report annually to the Congress as part of the annual budget oversight proceedings concerning the Antitrust Division of the Department of Justice. Requires the report to enable the Congress to determine how enforcement of antitrust laws is affecting the formation of efficient, cost-saving joint ventures and if the certificate of public advantage procedure has resulted in undesirable reduction in competition in the health care marketplace. Subtitle G: Fraud and Abuse - Directs the Attorney General to establish a program to: (1) coordinate Federal, State, and local law enforcement programs to control fraud and abuse with respect to the delivery of and payment for health care in the United States; (2) conduct investigations, audits, evaluations, and inspections relating to the delivery of and payment for health care in the United States; and (3) facilitate the enforcement of certain SSA title XI mandatory exclusion and other provisions applicable to health care fraud and abuse. Requires the Attorney General in carrying out such program to provide for coordination with law enforcement agencies, State Medicaid Fraud Control Units, State licensing agencies, as well as with third party insurers. (Sec. 6602) Authorizes additional appropriations for the Attorney General to investigate allegations of health care fraud and otherwise carry out the program established above. (Sec. 6603) Creates in the Treasury the Anti-Fraud and Abuse Trust Fund consisting of Federal health anti-fraud and abuse penalties for use in: (1) carrying out the program above; (2) supporting educational activities to prevent the occurrence of violations of anti-fraud and abuse laws; and (3) repaying beneficiaries for cost- sharing. (Sec. 6611) Amends SSA title XI to revise current sanctions for health care fraud and abuse, among other changes, providing for: (1) mandatory exclusion from participation in Medicare and State health care programs of any individuals convicted of a felony relating to fraud or the unlawful manufacture, distribution, prescription, or dispensing of a controlled substance; and (2) establishment of a minimum period of exclusion for certain individuals and entities subject to permissive exclusion from Medicare and State health care programs. (Sec. 6615) Amends SSA title XVIII to modify the limitations on physician self-referral. (Sec. 6616) Directs the Comptroller General to study and report to the Congress on the costs incurred by eligible organizations with risk-sharing contracts of complying with the requirement of entering into a written agreement with an entity providing peer review services with respect to services provided by the organization. (Sec. 6621) Amends the Federal criminal code to provide for: (1) penalties for health care fraud, including making it a felony; (2) rewards for information leading to prosecution relating to health care fraud; and (3) broadened application of mail fraud statute provisions. (Sec. 6631) Amends SSA titles XI and XVIII to authorize the issuance of advisory opinions by the Secretary according to specified guidelines. (Sec. 6641) Requires each State to establish and maintain a State agency to act as a Health Care Fraud and Abuse Control Unit for: (1) investigating and prosecuting violations under any Federally-funded or mandated health care program relating to fraud under State laws; (2) reviewing complaints of abuse or neglect involving patients of facilities receiving Federal payments and, where appropriate, investigate and prosecute such complaints; and (3) providing for the collection, or referral for collection, of overpayments made under any such program and found by the Unit. Subtitle H: Billing for Laboratory Services - Amends the Public Health Service Act to make it unlawful for any person who furnishes ancillary health services to present a bill or demand for payment to any person other than the patient receiving such services, with specified exceptions. Exempts ancillary health services for which payment may be made under Medicare. (Sec. 6701) Defines "ancillary health services" as clinical laboratory services, diagnostic x-rays and other diagnostic tests, durable medical equipment, and physical therapy services. Sets forth conditions under which a person who furnishes ancillary health services may present a bill or demand for payment to specified entities other than the patient. Imposes civil penalties for repeated and knowing demands for payment in violation of this subtitle. Provides for other sanctions for such violations, including the suspension of laboratory certifications and exclusion from participation in Medicare programs. Title VII: Medicare - Subtitle A: Increased Beneficiary Choice; Improved Program Efficiency - Amends SSA title XVIII to revise provisions for payments to health maintenance organizations (HMOs) to: (1) provide for the use of metropolitan statistical areas to determine adjusted average per capita cost; (2) require the Secretary to develop additional specified model packages of health benefits providing coverage for catastrophic illness, prescription drugs, and preventive services which an HMO may provide at its option; and (3) make various specified changes in HMO membership requirements, including changes in associated waiver provisions, and enrollment periods. (Sec. 7002) Amends the Omnibus Budget Reconciliation Act of 1990 to permit Medicare supplemental policies in all States. Modifies Medicare supplemental policy provisions. (Sec. 7003) Includes notice of available HMOs and carriers offering Medicare supplemental policies in the annual notice of Medicare benefits mailed to Medicare beneficiaries. (Sec. 7004) Directs the Secretary to: (1) develop and submit to the Congress a proposal for legislation which provides for the voluntary enrollment of Medicare beneficiaries in private health insurance plans; (2) provide for a monthly payment to a qualified private health insurance plan on behalf of enrolled Medicare beneficiaries who choose to enroll in such a plan (with the enrollee paying any difference between the monthly premium charged under the plan and the amount paid for under Medicare for the enrollee's class, while maintaining budget-neutrality); and (3) take such steps as may be necessary to consolidate the administration of Medicare parts A (Hospital Insurance) and B (Supplementary Medical Insurance). (Sec. 7003) Includes notice of an individual's rights under State law with regard to the formulation of advance directives in the annual notice of Medicare benefits mailed to Medicare beneficiaries. Subtitle B: Savings - Amends Medicare provisions relating to Medicare part A to provide for reductions in: (1) the update for payments for inpatient hospital services; and (2) payments for capital-related costs for inpatient hospital services. (Sec. 7111) Amends Medicare part B provisions on payment for physicians' services to provide for: (1) use of cumulative performance standards; (2) treatment of default update; (3) use of real GDP to adjust for volume and intensity; (4) repeal of restriction on maximum reduction under conversion factor update adjustment provisions; and (5) reduction in the conversion factor for the physician fee schedule for 1995. (Sec. 7112) Provides for the imposition of coinsurance on laboratory services. (Sec. 7113) Amends the Internal Revenue Code to provide for an increase in the Medicare part B premiums for high-income individuals. (Sec. 7114) Amends Medicare to provide for: (1) the extension of the 25 percent part B premium; (2) a reduction in hospital outpatient services and home health services through the establishment of a prospective payment system; and (3) various specified changes with regard to Medicare as secondary payer. Title VIII: Incentives to Purchase Long-Term Care Insurance - Subtitle A: Establishment of Federal Standards for Long-Term Care Insurance - Amends SSA to provide for model standards incorporating specified requirements for sales practices, benefits, and other matters that long-term care insurance policies must meet. Establishes civil monetary penalties for violations. Requires the National Association of Insurance Commissioners to issue guidelines for endorsements of long-term care insurance policies, or that permit such policies to be offered for sale through the organization or association. Subtitle B: Tax Treatment of Long-Term Care Insurance - Amends the Internal Revenue Code to provide for the treatment of long-term care insurance contracts as accident or health insurance contracts generally, with qualified long-term services treated as medical care, among other changes with regard to long-term care insurance. Subtitle C: Studies - Requires the Comptroller General to conduct a study on the feasibility of: (1) encouraging health care providers to donate their services to homebound patients; and (2) providing heads of households who care for elderly family members in their homes with a tax credit. (Sec. 8203) Directs the Secretary to conduct a study and report to the Congress on: (1) case management of current long-term care benefits; and (2) subacute care. Title IX: Department of Veterans Affairs - Authorizes each veteran residing in the United States, certain surviving spouses and children of such veterans (also living in the United States) who are not otherwise eligible for medical care under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS), and family members thereof to be enrolled with a Department of Veterans Affairs (VA) health care plan. Requires the payment of appropriate premiums, deductibles, copayments, or coinsurance with respect to such family members. Continues the eligibility of family members after the death of the veteran originally enrolled. Directs the Secretary of Veterans Affairs (Secretary, for purposes of this title) to establish enrollment ceilings to limit the number of eligible individuals enrolling for such coverage. Requires conformity of such plans with health plan requirements set forth in this Act and inclusion of all the items and services in the standard coverage under this Act. Directs the Secretary to continue to provide to veterans authorized VA care and services which are not included in the standard coverage provided under this Act. Provides for the continuation in the VA of specialized disabled veteran treatment and rehabilitative needs and facilities and requires a report on such continuation from the Secretary to specified congressional committees. Allows such plans to offer supplemental health benefits and cost-sharing policies consistent with this Act. Provides a limitation with regard to veterans who elect not to enroll to obtain such coverage. Prohibits the imposition of a cost-share charge of any kind upon a veteran for the treatment of a service-connected disability that requires specialized treatment by the VA. Prohibits funds appropriated to carry out this title from being used to provide abortions except when necessary to save the life of the mother or when the pregnancy is the result of rape or incest. Prohibits the imposition of cost-sharing charges of any kind upon veterans who are disabled to a degree of ten percent or more, veterans released from service due to a service-connected disability, veterans receiving disability compensation from the VA, former prisoners of war, veterans of the Mexican border period or World War I, and veterans unable to defray the costs of such care. Directs the Secretary to establish rates for premiums and other applicable charges with respect to all other enrollees. Empowers the Secretary to recover from third parties the cost of providing such care and services if such care and services would have been required to be provided by such third party. Establishes in the Treasury the Department of Veterans Affairs Health Coverage Fund to be used for VA health plan payments and services. Preserves existing health care benefits for facilities not offering qualified health coverage under this Act. Authorizes the Secretary to organize VA health plans and facilities as plans and facilities offering qualified health coverage under this Act. Requires any health insurance program provided for Federal employees to include as an option enrollment to obtain VA coverage. Requires the Secretary to take appropriate steps to ensure the financial solvency and stability of the VA coverage and of the contractors and subcontractors providing services as part of such coverage. Preempts certain State action with respect to standards and requirements of such coverage. Requires VA health care facilities to serve as providers to individuals residing in a State that operates as a single payer system, with appropriate reimbursement. Authorizes the head official offering VA health coverage or the director of a VA health care facility to enter into agreements with health care plans, insurers, health care providers, and other entities to furnish or obtain any health-care resource. Provides certain other administrative and personnel flexibility to the Secretary in providing or obtaining such services. Directs the Secretary of the Treasury to: (1) credit to a special fund specified amounts for FY 1995 and 1996 to be used for providing VA health coverage under this Act; and (2) report to the Congress on the operation of the VA health care system with respect to national health care reform as set forth under this Act. Authorizes the Secretary to apply for and accept grants and other forms of assistance to meet the needs of special populations. (Sec. 9003) Makes veterans enrolled with a VA plan under this title eligible for nursing home care, outpatient care, and care provided to obviate the need for hospital admission. (Sec. 9004) Makes any herbicide-exposed veteran eligible for hospital and nursing home care for any disease for which the National Academy of Sciences has determined: (1) that there is a positive association between disease occurrence and herbicide exposure; (2) that there is evidence suggesting such an association, though the evidence is limited; or (3) that available studies are insufficient to permit a conclusion about the presence or absence of such an association. Limits the authorized length of such care for eligible veterans. (Sec. 9005) Extends the authority to provide priority outpatient health care to veterans for exposure to environmental hazards until October 1, 1998, for any disability which becomes manifest before October 1, 1996. (Sec. 9006) Directs the Secretary to report to the Congress on the desirability and feasibility of waiving any requirement for cost-sharing under a VA health plan in the case of medical care provided to a family member of a Persian Gulf War veteran for any disease or disability which may be related to such service. (Sec. 9007) Directs the Secretary, during FY 1995 through 1997, to carry out and report to specified congressional committees on a study of the effect of telemedicine on the delivery of VA health care services. (Sec. 9008) Directs the Secretary of Health and Human Services to develop and submit to the Congress a proposal for legislation which provides for obtaining VA health coverage for Medicare beneficiaries who are veterans. (Sec. 9009) Directs the Secretary to carry out a pilot program to reduce waiting times for patients seeking health-care services in VA outpatient clinics and the traveling distance to such clinics by providing for operation of approximately 20 new outpatient clinics around two VA medical centers. Authorizes appropriations for FY 1998 through 2004. Title X: Miscellaneous Savings Provisions - Subtitle A: Automobile Insurance Coordination - Requires individuals enrolled in a health plan to receive automobile insurance medical services exclusively through the health plan. Makes such services subject to all quality, cost containment, and anti-fraud and abuse provisions that apply generally to medical services provided by or through health plans. (Sec. 10002) Permits an individual and an automobile insurance carrier to agree that treatment for bodily injury sustained in an automobile accident shall be provided by other than the health plan through which such individual is enrolled. Authorizes States to require such carriers to make direct payment to health care providers for automobile insurance medical services that are covered by Medicare or Medicaid and an automobile insurance contract that provides for direct payment of medical services regardless of fault. (Sec. 10003) Requires carriers liable for payment for automobile insurance medical services to make payment to health plans to the extent of obligations under the contract. Grants federally funded health care plans first priority to receive payment pursuant to any obligation under an automobile insurance policy covering such medical services. (Sec. 10004) Directs States to establish systems for prompt payment for automobile insurance medical services by such carriers to health plans, including mechanisms for resolution of disputes. Requires sanctions to be prescribed for failures to comply with this subtitle's requirements. (Sec. 10005) Requires the Secretary of Health and Human Services to provide for allotments to States for administrative expenses in carrying out this subtitle. Subtitle B: Prefunding Government Health Benefits Contributions - Directs each Federal agency within the executive branch whose receipts and disbursements are not generally included in the totals of the Government budget submitted by the President, effective FY 1994 (or February 1, 1995, in the case of the agency with the greatest number of employees), to prepay the Government contributions which will be required in connection with providing health-benefits coverage for annuitants of such agency.

Bill· HRH.R. 5177 (103rd)referred

To authorize the Secretary of State to deny passports to noncustodial parents subject to State arrest warrants in cases of nonpayment of child support.

United States · United States Congress · 5 October 1994

Authorizes the Secretary of State to refuse, revoke, restrict, or limit a passport in cases where the applicant or passport holder is a noncustodial parent who is the subject of an outstanding State warrant of arrest for nonpayment of child support where the amount in controversy is not less than $10,000.

Bill· HRH.R. 5175 (103rd)referred

Denial of Passports to Noncustodial Parents in Cases of Nonpayment of Child Support

United States · United States Congress · 4 October 1994

Denial of Passports to Noncustodial Parents in Cases of Nonpayment of Child Support - Authorizes the Secretary of State to refuse, revoke, restrict, or limit a passport if the Secretary determines or is informed by competent authority that the applicant or passport holder is a noncustodial parent who is the subject of an outstanding State arrest warrant for nonpayment of child support, where the amount in controversy is not less than $10,000.

Bill· HRH.R. 5160 (103rd)referred

For the relief of Oscar Salas-Velazquez.

United States · United States Congress · 3 October 1994

Prohibits the Attorney General from disapproving a named individual's petition for classification as an immediate relative, or application for adjustment of status to that of an alien lawfully admitted for permanent residence, on the grounds that his marriage to a named individual was entered into in order to evade U.S. immigration laws.

Bill· HRH.R. 5157 (103rd)referred

Emergency Immigration Parole Correction Act of 1994

United States · United States Congress · 3 October 1994

Emergency Immigration Parole Correction Act of 1994 - Amends the Immigration and Nationality Act to prohibit parole status from being granted: (1) on the basis of immigrant, familial, or refugee status; or (2) to aliens detained by U.S. authorities. Prohibits the adjustment to permanent residence status of Cuban and Haitian public interest parolees.

Bill· HRH.R. 5148 (103rd)referred

To authorize certain elements of the Yakima River Basin Water Enhancement Project, and for other purposes.

United States · United States Congress · 30 September 1994

Directs the Secretary of the Interior to establish and administer a Yakima River Basin Water Conservation Program. Authorizes the Secretary to make grants to eligible entities to carry out this Act. Prohibits conserved water resulting from the expenditure of Federal funds from being used to expand irrigation in the basin, except on the Yakama Indian Reservation. Directs the Secretary to establish the Yakima River Basin Conservation Advisory Group. Requires entities to submit water conservation plans to the Secretary for approval in order to participate in the conservation program. Authorizes appropriations. Provides for the implementation by the Yakama Indian Nation of: (1) an irrigation demonstration project on the Yakama Indian Reservation that shall provide for the construction of distribution and on-farm irrigation facilities to use water savings resulting from system improvements to the Wapato Irrigation Project; and (2) a Toppenish Creek corridor enhancement project to demonstrate integration of management of agricultural, fish, wildlife, and cultural resources to meet tribal objectives. Authorizes appropriations. Details the instream flows the Secretary is required to provide through the Yakima Project Superintendent, requiring flow increases (obtained through voluntary sale and leasing of water or water rights or conservation measures) to facilitate anadromous fish migration. Directs the Secretary to report to the Congress on whether the water supply available for irrigation is adequate to sustain the agricultural economy of the Yakima River basin. Authorizes appropriations for: (1) modifying the radial gates at Cle Elum Dam to provide additional storage capacity in Lake Cle Elum; (2) providing for shoreline protection of the Lake; (3) constructing juvenile fish passage facilities at the Dam; (4) operation and maintenance responsibilities of the Federal Government for the Dam; and (5) environmental mitigation. Provides for the enhancement of water supplies for Yakima River Basin tributaries for fish and wildlife and irrigation purposes. Requires a study to determine the measures to be implemented to enhance water supplies for such purposes on Taneum Creek. Authorizes appropriations for such enhancement and for the Taneum Creek study. Authorizes appropriations to provide for electrification to enhance instream flows by eliminating the need to divert water to operate the hydraulic turbines which pump water to the Kennewick Irrigation District. Requires the Secretary to ensure that the irrigation water supply for the District shall not be affected by conservation, electrification, or subordination pursuant to this Act and any conservation measures shall be replaced by water developed through subordination or electrification. Authorizes appropriations to augment Kachess Reservoir stored water supplies from flows of Cabin and Silver Creeks which are excess to system demands. Requires the stored water supply resulting from the construction of facilities under this section to be used to: (1) enhance the water supply of the Kittitas Reclamation District and the Roza Irrigation District in years of proration; and (2) facilitate reservoir operations in the Easton Dam to Keechelus Dam reach of the Yakima River for the propagation of anadromous fish. Authorizes appropriations for the modification of the discharge facilities of Kachess Dam to improve reservoir operations for anadromous fish enhancement. Directs the Secretary to develop an interim operating plan for providing a general framework within which the Yakima Project Superintendent operates the Yakima Project. Authorizes appropriations. Authorizes appropriations for environmental compliance activities.

Bill· SS. 2480 (103rd)referred

A bill to amend the Immigration and Nationality Act to add provisions relating to the treatment of criminal aliens under the immigration laws of the United States, and for other purposes.

United States · United States Congress · 29 September 1994

Amends the Immigration and Nationality Act to expand the definition of "aggravated felony." Provides for the expedited deportation of aliens convicted of aggravated felonies. Authorizes U.S. district courts, upon the Attorney General's request, to issue a deportation order at such an alien's sentencing. Restricts certain deportation defenses. Directs the Attorney General to operate a criminal tracking center. Extends the visa waiver pilot program and creates a probationary status under such program.

Bill· HRH.R. 5119 (103rd)referred

Health Innovation Partnership Act of 1994

United States · United States Congress · 28 September 1994

TABLE OF CONTENTS: Title I: Health Insurance Reform Title II: State Innovation Subtitle A: State Waiver Authority Subtitle B: Existing State Laws Title III: Public Health and Rural and Underserved Access Improvement Title IV: Medical Research Title V: Revenue Provisions Subtitle A: Financing Provisions Subtitle B: Health Care Reform Trust Fund Health Innovation Partnership Act of 1994 - Title I: Health Insurance Reform - Directs the Secretary of Health and Human Services to request the National Association of Insurance Commissioners (NAIC) to develop standards for health insurance plans with respect to: (1) the renewability and portability of coverage; (2) guaranteed issue with respect to all health insurance coverage products; (3) the establishment of an adjusted community rating system with adjustment factors limited to age; (4) solvency; (5) stop-loss standards for self-funded health insurance plans and multi-employer welfare arrangements and association plans; (6) the identification of minimum employer size for self- funding and the interrelationship between self-funding and the community-rated pool of enrollees; and (7) other appropriate areas. (Sec. 1001) Requires the Secretary to develop such standards if the NAIC fails to do so. (Sec. 1002) Revises provisions regarding Medicare supplemental policies. Title II: State Innovation - Subtitle A: State Waiver Authority - Includes within the objectives of the waiver programs approved under this title: (1) achieving the goals of increased health coverage and access; (2) containing the annual rate of growth in health care expenditures; (3) ensuring that patients receive high-quality, appropriate health care; and (4) testing alternative reforms. (Sec. 2001) Authorizes States to apply to the Secretary for alternative State health program waivers or limited State health care waivers. Directs the Secretary to establish a State Health Reform Advisory Board to monitor the status and progress achieved under waivers and to promote information exchange between States and the Federal Government. Requires the Board to make recommendations to the Secretary with respect to minimizing the negative effect of State waivers on national employer groups, provider organizations, and insurers because of differing State requirements under waivers. Permits the Secretary to revoke any waiver of Federal law granted under this subtitle and to terminate any alternative State health program for good cause. Authorizes grants to States for carrying out alternative State health programs. Grants priority to programs that have the greatest opportunity to succeed in providing expanded coverage and in providing children and youth with access to health care. Earmarks funds for such grants from the Health Care Reform Trust Fund. Subtitle B: Existing State Laws - Continues certain existing waivers to Federal law for States and grants specified waivers from requirements of the Employee Retirement Income Security Act of 1974 with respect to health care laws of Hawaii and Oregon. Title III: Public Health and Rural and Underserved Access Improvement - Public Health and Rural and Underserved Access Improvement Act of 1994 - Amends the Public Health Service Act to authorize appropriations for grants to States for core functions of public health programs. Includes within such core functions: (1) data collection and analytical activities related to population-based status and outcomes monitoring; (2) activities to reduce environmental risk and to assure the safety of housing, schools, workplaces, day-care centers, and food and water; (3) investigation, control, and public- awareness activities regarding adverse health conditions; (4) public information and education programs to reduce health risks; (5) public health laboratory services that screen for diseases and conditions; (6) training and education in the field of public health; and (7) leadership, policy development, and administration activities. (Sec. 3002) Authorizes appropriations for grants to States for evaluating the extent to which clinical preventive services, health promotion and unintentional injury prevention activities, and interpersonal and community violence prevention activities achieve health care cost reductions and health status improvement. Directs the Secretary to issue practice guidelines that are based on the results of such evaluations. Authorizes appropriations for: (1) scholarships and loan repayment programs for individuals attending schools of public health; (2) grants to expand the capacity of certain educational institutions with public health programs; (3) grants to expand public health training programs in States lacking adequate programs; (4) area health education centers and health education training centers; (5) activities regarding centers for the prevention and treatment of poisoning and control of poisons; (6) certain school-related health services; (7) scholarships and loan repayment programs for school nurses; (8) grants to migrant and community health centers; (9) the National Health Service Corps; (10) satellite clinics to provide primary health care; and (11) community health advisor programs. Title IV: Medical Research - Establishes a National Fund for Health Research in the Treasury. (Sec. 4002) Amends the Internal Revenue Code to designate overpayments of tax or cash contributions to be paid over to the National Fund for Health Research. Title V: Revenue Provisions - Subtitle A: Financing Provisions - Increases the excise tax on the following tobacco and tobacco-related products: (1) cigarettes; (2) cigars; (3) cigarette papers and tubes; and (4) smokeless and pipe tobacco. (Sec. 5001) Imposes a tax on tobacco products and cigarette papers and tubes manufactured or imported into Puerto Rico. Provides a floor stocks tax on tobacco products and cigarette papers and tubes manufactured in or imported into the United States or Puerto Rico which are removed before any tax-increase date and held on such date for sale. Bars a tax on cigarettes held for retail sale on any tax-increase date by any vending machine. Provides a tax credit against floor stocks taxes. Establishes conditions under which articles in foreign trade zones shall be subject to such taxes. (Sec. 5003) Imposes a tax on roll-your-own tobacco manufactured in or imported into the United States. Subtitle B: Health Care Reform Trust Fund - Establishes the Health Care Reform Trust Fund in the Treasury and provides for the deposit into such Fund of amounts received from taxes on tobacco products.

Bill· SS. 2452 (103rd)open

Health Innovation Partnership Act of 1994

United States · United States Congress · 22 September 1994

TABLE OF CONTENTS: Title I: Health Insurance Reform Title II: State Innovation Subtitle A: State Waiver Authority Subtitle B: Existing State Laws Title III: Public Health and Rural and Underserved Access Improvement Title IV: Medical Research Title V: Revenue Provisions Subtitle A: Financing Provisions Subtitle B: Health Care Reform Trust Fund Health Innovation Partnership Act of 1994 - Title I: Health Insurance Reform - Directs the Secretary of Health and Human Services to request the National Association of Insurance Commissioners (NAIC) to develop standards for health insurance plans with respect to: (1) the renewability and portability of coverage; (2) guaranteed issue with respect to all health insurance coverage products; (3) the establishment of an adjusted community rating system with adjustment factors limited to age; (4) solvency; (5) stop-loss standards for self-funded health insurance plans and multi-employer welfare arrangements and association plans; (6) the identification of minimum employer size for self-funding and the interrelationship between self-funding and the community-rated pool of enrollees; and (7) other appropriate areas. (Sec. 1001) Requires the Secretary to develop such standards if the NAIC fails to do so. (Sec. 1002) Revises provisions regarding Medicare supplemental policies. Title II: State Innovation - Subtitle A: State Waiver Authority - Includes within the objectives of the waiver programs approved under this title: (1) achieving the goals of increased health coverage and access; (2) containing the annual rate of growth in health care expenditures; (3) ensuring that patients receive high-quality, appropriate health care; and (4) testing alternative reforms. (Sec. 2001) Authorizes States to apply to the Secretary for alternative State health program waivers or limited State health care waivers. Directs the Secretary to establish a State Health Reform Advisory Board to monitor the status and progress achieved under waivers and to promote information exchange between States and the Federal Government. Requires the Board to make recommendations to the Secretary with respect to minimizing the negative effect of State waivers on national employer groups, provider organizations, and insurers because of differing State requirements under waivers. Permits the Secretary to revoke any waiver of Federal law granted under this subtitle and to terminate any alternative State health program for good cause. Authorizes grants to States for carrying out alternative State health programs. Grants priority to programs that have the greatest opportunity to succeed in providing expanded coverage and in providing children and youth with access to health care. Earmarks funds for such grants from the Health Care Reform Trust Fund. Subtitle B: Existing State Laws - Continues certain existing waivers to Federal law for States and grants specified waivers from requirements of the Employee Retirement Income Security Act of 1974 with respect to health care laws of Hawaii, Oregon, Minnesota, Washington, and Connecticut. Title III: Public Health and Rural and Underserved Access Improvement - Public Health and Rural and Underserved Access Improvement Act of 1994 - Amends the Public Health Service Act to authorize appropriations for grants to States for core functions of public health programs. Includes within such core functions: (1) data collection and analytical activities related to population-based status and outcomes monitoring; (2) activities to reduce environmental risk and to assure the safety of housing, schools, workplaces, day-care centers, and food and water; (3) investigation, control, and public-awareness activities regarding adverse health conditions; (4) public information and education programs to reduce health risks; (5) public health laboratory services that screen for diseases and conditions; (6) training and education in the field of public health; and (7) leadership, policy development, and administration activities. (Sec. 3002) Authorizes appropriations for grants to States for evaluating the extent to which clinical preventive services, health promotion and unintentional injury prevention activities, and interpersonal and community violence prevention activities achieve health care cost reductions and health status improvement. Directs the Secretary to issue practice guidelines that are based on the results of such evaluations. Authorizes appropriations for: (1) scholarships and loan repayment programs for individuals attending schools of public health; (2) grants to expand the capacity of certain educational institutions with public health programs; (3) grants to expand public health training programs in States lacking adequate programs; (4) area health education centers and health education training centers; (5) activities regarding centers for the prevention and treatment of poisoning and control of poisons; (6) certain school-related health services; (7) grants to migrant and community health centers; (8) the National Health Service Corps; (9) satellite clinics to provide primary health care; and (10) community health advisor programs. Title IV: Medical Research - Establishes a National Fund for Health Research in the Treasury. (Sec. 4002) Amends the Internal Revenue Code to designate overpayments of tax or cash contributions to be paid over to the National Fund for Health Research. Title V: Revenue Provisions - Subtitle A: Financing Provisions - Increases the excise tax on the following tobacco and tobacco-related products: (1) cigarettes; (2) cigars; (3) cigarette papers and tubes; and (4) smokeless and pipe tobacco. (Sec. 5001) Imposes a tax on tobacco products and cigarette papers and tubes manufactured or imported into Puerto Rico. Provides a floor stocks tax on tobacco products and cigarette papers and tubes manufactured in or imported into the United States or Puerto Rico which are removed before any tax-increase date and held on such date for sale. Bars a tax on cigarettes held for retail sale on any tax-increase date by any vending machine. Provides a tax credit against floor stocks taxes. Establishes conditions under which articles in foreign trade zones shall be subject to such taxes. (Sec. 5003) Imposes a tax on roll-your-own tobacco manufactured in or imported into the United States. Subtitle B: Health Care Reform Trust Fund - Establishes the Health Care Reform Trust Fund in the Treasury and provides for the deposit into such Fund of amounts received from taxes on tobacco products.

Bill· SS. 2446 (103rd)referred

A bill for the relief of Pyonghui Gonion Arrington.

United States · United States Congress · 21 September 1994

Authorizes the granting of a visa and admission to the United States for permanent residence pursuant to the Immigration and Nationality Act to a named individual.

Bill· SS. 2448 (103rd)referred

Immigration Moratorium Act of 1994

United States · United States Congress · 21 September 1994

Immigration Moratorium Act of 1994 - Imposes a five-year immigration moratorium, with exceptions for refugees, certain priority and skilled workers, and immediate family members.

Bill· SS. 2431 (103rd)referred

Crime Control Improvement Act of 1994

United States · United States Congress · 13 September 1994

Crime Control Improvement Act of 1994 - Amends the Violent Crime Control and Law Enforcement Act of 1994 (the Act) to eliminate the Model Intensive Grant Program, the Local Partnership Grant Program, the Local Crime Prevention Block Grant Program, the Family and Community Endeavor Schools Program, the Community-Based Justice Grant Program, the Urban Recreation Program, the At-Risk Youth Program, the Police Recruitment Program, the National Community Economic Partnership Program, the Community Schools Program, the Ounce of Prevention Program, the Gang Resistance Education and Training Program, the Drug Courts Program, and the Family Unity Demonstration Project. Revises the Act to authorize the Attorney General to make grants to construct, expand, modify, operate, or improve conventional prisons (currently, correctional facilities). Repeals provisions regarding the transfer of unused funds. Increases Federal mandatory minimum sentences for using or carrying a firearm during and in relation to a crime of violence or drug trafficking crime, employing minors in drug trafficking, and selling illegal drugs to minors. Bars the court from placing on probation or suspending the sentence of any person convicted of such offenses. Amends the Immigration and Nationality Act to expand the definition of "aggravated felony." Authorizes the Attorney General to issue a final order of deportation against any alien who was not lawfully admitted for permanent residence, or who had permanent resident status on a conditional basis, whom the Attorney General determines to be deportable under provisions relating to conviction of an aggravated felony. Limits judicial review of such determinations. Provides for deportation of permanent resident aliens under specified circumstances. Grants a U.S. district court jurisdiction to enter a judicial order of deportation at the time of sentencing against an alien whose criminal conviction causes such alien to be deportable if requested prior to sentencing by the U.S. Attorney. Restricts defenses to deportation. Enhances penalties for failing to depart or reentering after a final order of deportation. Limits collateral attacks on deportation orders. Directs the Attorney General to operate a criminal alien tracking center. Authorizes appropriations. Revises provisions of the Act pertaining to the non-application of mandatory minimum sentences in certain cases involving nonviolent drug offenses. Expresses the sense of the Congress that all grants authorized under the Act and not required to be distributed according to a formula prescribed by law shall be distributed in a fair and equitable manner that ensures that rural States receive a fair and proportional share of the funds.

Bill· HRH.R. 5030 (103rd)open

International Narcotics Control Corrections Act of 1994

United States · United States Congress · 13 September 1994

International Narcotics Control Corrections Act of 1994 - Amends the Foreign Assistance Act of 1961 to redefine a "major illicit drug producing country" as a country in which 1,000 hectares or more of illicit opium poppy or coca is cultivated or harvested annually or 5,000 hectares or more of illicit cannabis is cultivated or harvested annually unless the President determines that such cannabis production does not significantly affect the United States. Provides for advance notification to the appropriate congressional committees of any transfer by the Government to a foreign country, for narcotics control purposes, of property or funds seized or forfeited in connection with narcotics-related activities. Reallocates foreign assistance (currently, security assistance) withheld from countries that fail to take adequate steps to halt illicit drug production or trafficking. Extends certain international narcotics control strategy reporting requirements and annual certification procedures for FY 1993 and 1994 through FY 1995. Makes such requirements and procedures currently applicable after September 30, 1994, effective after September 30, 1995 (the beginning of FY 1996). Repeals specified international narcotics control Acts. Exempts specified narcotics control-related transfers of excess defense articles, foreign military financing, and international military education and training from a prohibition on assistance to foreign law enforcement agencies. Waives all restrictions on assistance (except for countries that are "decertified" under narcotics control certification provisions) with respect to narcotics-related assistance provided during FY 1995 if the President notifies the appropriate congressional committees in advance. Authorizes the President to furnish assistance to any country or international organization during FY 1995 for the prevention and suppression of international criminal activities. Exempts such assistance from the prohibition on assistance to foreign law enforcement agencies. Requires the President to take steps to ensure that the immediate relatives of any individual involved in drug trafficking are not permitted entry into the United States consistent with the Immigration and Nationality Act.

Law· HRH.R. 5034 (103rd)enacted

To make certain technical amendments relating to the State Department Basic Authorities Act of 1956, the United States Information and Educational Exchange Act of 1948, and other provisions of law.

United States · United States Congress · 13 September 1994

Makes technical corrections to the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995. Amends the Foreign Service Act of 1980 to exclude certain U.S. citizens hired at posts abroad who are not family members of U.S. Government employees from coverage under Foreign Service grievance provisions. Prohibits the sale or lease of defense articles or services by the U.S. Government to any country or international organization that is known to have sent letters to U.S. firms requesting compliance with, or soliciting information regarding compliance with, the secondary or tertiary (currently, primary or secondary) Arab League boycott unless the President certifies to the appropriate congressional committees that the country or organization does not currently maintain such a policy or practice. Amends the Immigration and Nationality Act to extend the pilot visa waiver program through FY 1995. Authorizes the Secretary of State to expend a specified amount from the Department of State's Diplomatic and Consular Programs appropriation for the purchase of real property for use by the Department of State for its Miami Regional Center. Establishes principles for Voice of America broadcasts. Amend the United States Information and Educational Exchange Act of 1948 to extend a provision which authorizes the U.S. Information Agency (USIA) to transfer funds between accounts during the second fiscal year of an appropriation cycle. Requires that significant consideration be given to foreign language competence in the evaluation, assignment, and promotion of Foreign Service officers of the Department of State, Agency for International Development, and USIA. Authorizes the USIA Director to administer au pair programs through FY 1995. Permits funds derived from the sale of real property assets of Radio Free Europe/Radio Liberty in Munich, Germany, to be expended to meet one-time costs associated with the consolidation of U.S. Government broadcasting activities.

Bill· SS. 2421 (103rd)referred

A bill for the relief of Rose-Marie Barbeau-Quinn.

United States · United States Congress · 25 August 1994

Considers a named individual to have been lawfully admitted to the United States for permanent residence pursuant to the Immigration and Nationality Act.

Bill· HRH.R. 5008 (103rd)referred

Back-To-Basics Crime Control Act of 1994

United States · United States Congress · 21 August 1994

TABLE OF CONTENTS: Title I: Grants for Correctional Facilities Title II: State and Local Law Enforcement Grants Title III: Protection Against Sexually Violent Predators Title IV: Eliminating Excessive and Redundant Appeals Title V: Reform of 'Exclusionary Rule' Title VI: Truth-In-Sentencing Title VII: Prison Work Required; Luxuries Abolished Title VIII: Improving Border Controls Title IX: Enhanced Gun Penalties Title X: Violent Crime Reduction Trust Fund Title XI: Mandatory Life Imprisonment for Persons Convicted of Certain Felonies Back-To-Basics Crime Control Act of 1994 - Title I: Grants for Correctional Facilities - Directs the Attorney General to make grants to States to construct, expand, and improve prisons and jails. Authorizes specified sums to each State without conditions imposed by the Federal Government, except requirements to comply with this title and to use such funds exclusively for the construction of prisons and jails. Authorizes appropriations. Sets forth formulas for the distribution of funds in FY 1995 and in FY 1996 through 1999 based on violent crimes reported by the States to the Federal Bureau of Investigation (FBI). (Sec. 102) Specifies that 25 percent of total funds appropriated under this title shall be allocated to each eligible State according to a formula which takes into account the percentage change in the time to be served by persons convicted of violent crimes. Directs that States which have achieved a truth in sentencing standard of violent criminals serving 85 percent of prison time assessed receive the incentive funds, subject to specified requirements. Title II: State and Local Law Enforcement Grants - Requires the Attorney General to make grants to States to increase the number of law enforcement officers in service. Authorizes specified funds, without conditions imposed by the Federal Government (except that the funds be used exclusively to increase the number of law enforcement officers in service). Requires States to allocate 80 percent of their grants to local government for use by local law enforcement, as nearly as possible in proportion to the populations served by such local law enforcement agencies (LEAs). Title III: Protection Against Sexually Violent Predators - Directs the Attorney General to: (1) establish guidelines for State programs to require a sexually violent predator to register a current address with a designated State LEA upon being released from prison or being placed on parole or supervised release; and (2) approve each State program that complies with the guidelines. Makes States that do not implement and maintain such programs ineligible to receive ten percent of the funds that would otherwise be allocated to the State in drug control and system improvement grants under the Omnibus Crime Control and Safe Streets Act of 1968. Requires: (1) the determination that a person is, or is no longer, a sexually violent predator to be made by the sentencing court after receiving a report by a board of experts on sexual offenses; and (2) each State to establish a board composed of experts in the field of the behavior and treatment of sexual offenders. Sets forth provisions regarding: (1) notification regarding the duty of an offender to register and to provide any new address to a designated State LEA and of a State prison official to obtain specified information; (2) the transfer of information to the State LEA and to the FBI; (3) quarterly verification of the released offender's address; (4) penalties for failing to register and keep the registration current; (5) termination of the obligation to register; (6) community notification concerning a predator required to register; and (7) immunity for good faith conduct by LEAs, their employees, and State officials. Title IV: Eliminating Excessive and Redundant Appeals - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Establishes a two-year statute of limitations for Federal prisoners filing for collateral relief. (Sec. 406) Sets forth special habeas corpus procedures in capital cases brought by prisoners in State custody who are subject to a capital sentence. Makes such procedures contingent upon: (1) a State establishing by rule of its court of last resort or by statute a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post convictions and sentences have been upheld on direct appeal to such court or have otherwise become final; and (2) such rule or statute providing standards of competency for the appointment of counsel. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this title. Details conditions which will cause such stay to expire. Prohibits a Federal court from entering a stay of execution or granting relief in a capital case unless specified conditions are met. Sets forth lime limits for determining petitions. Authorizes the State or Government to enforce such time limits by applying to the court of appeals or the Supreme Court for a writ of mandamus. Title V: Reform of 'Exclusionary Rule' - Amends the Federal criminal code to prohibit the exclusion of evidence obtained as a result of a search or seizure, in a proceeding in a court of the United States, on the grounds that the search or seizure was in violation of the Fourth Amendment of the Constitution if it was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with such amendment. Makes the fact that evidence was obtained pursuant to and within the scope of a warrant prima facie evidence of the existence of such circumstances. Prohibits the exclusion of evidence, in a proceeding in a U.S. court, on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority. Title VI: Truth in Sentencing - Amends the Federal criminal code to permit the Bureau of Prisons to add, in its discretion, additional time to a prisoner's sentence of up to 15 percent of the prisoner's term for unsatisfactory behavior. Prohibits a sentence from being reduced for satisfactory behavior to a term less than the original sentence nominally imposed. Title VII: Prison Work Required; Luxuries Abolished - Directs the Attorney General to implement and enforce regulations which: (1) mandate prison work for all able-bodied inmates in Federal penal and correctional institutions; and (2) prohibit the Government provision in inmates' cells of television, radio, telephone, stereo, or similar amenities. (Sec. 702) Amends the Higher Education Act of 1965 to prohibit awards of Pell grants to prisoners in Federal or State penal institutions. Title VIII: Improving Border Controls - Authorizes appropriations. Authorizes and directs the Attorney General to use such funds to permit the commander of the Border Patrol to increase by at least 6,000 the number of border patrol agent positions above the number of such positions as July 1, 1994. (Sec. 802) Amends the Immigration and Nationality Act to provide for expedited deportation and exclusion of criminal aliens. Prohibits reentry of an alien into the United States during the minimum period of confinement to which the alien was sentenced. Authorizes the Attorney General to prescribe special regulations for the registration and fingerprinting of aliens on criminal probation or parole. Expands the definitions of "aggravated felony." (Sec. 805) Sets forth deportation procedures for certain criminal aliens who are not permanent residents. Grants a U.S. district court jurisdiction to enter a judicial order of deportation at the time of sentencing against an alien whose criminal conviction causes such alien to be deportable under provisions relating to conviction of an aggravated felony if requested prior to sentencing by the U.S. Attorney. (Sec. 807) Restricts defenses to deportation for certain criminal aliens. Enhances penalties for failing to depart or reentering after a final order of deportation. (Sec. 810) Authorizes appropriations for a criminal alien information system. Title IX: Enhanced Gun Penalties - Amends the Federal criminal code to enhance penalties imposed upon persons convicted of using or carrying a firearm during and in relation to the commission of a felony. (Sec. 902) Sets a mandatory minimum sentence for unlawful possession of a firearm by a convicted felon, fugitive from justice, addict or unlawful user of a controlled substance, or transferor or receiver of a stolen firearm. (Sec. 903) Increases the general penalty for violation of Federal firearms laws. Title X: Violent Crime Reduction Trust Fund - Establishes a Violent Crime Reduction Trust Fund as a separate account in the Treasury into which shall be transferred savings realized from implementation of provisions of the Federal Workforce Restructuring Act of 1994. Sets forth provisions regarding: (1) transfers into, and appropriations from, the Fund; (2) annual reporting requirements on the status of the Fund; and (3) allocation of sums in the Fund. Extends authorizations of appropriations for fiscal years for which the full amount authorized is not appropriated. Title XI: Mandatory Life Imprisonment for Persons Convicted of Certain Felonies - Amends the Federal criminal code to provide for mandatory life imprisonment for persons convicted in Federal court of a serious violent felony if: (1) the person has been convicted (and the conviction has become final) on separate prior occasions in a Federal or State court of two or more serious violent felonies, or one or more serious violent felonies and one or more serious drug offenses; and (2) each serious violent felony or serious drug offense used as a basis for sentencing under this title, other than the first, was committed after the defendant's conviction of the preceding serious violent felony or serious drug offense. Sets forth provisions regarding: (1) persons subject to the criminal jurisdiction of an Indian tribal government; and (2) resentencing upon the overturning of a prior conviction. (Sec. 1102) Prohibits the court from reducing the sentence of a defendant unless specified conditions are met, including that defendant is at least age 70, has served at least 30 years in prison for the offense or offenses for which the defendant is currently imprisoned, and a determination has been made by the Director of the Bureau of Prisons that the defendant is not a danger to the safety of any other person or the community.

Bill· HRH.R. 4983 (103rd)referred

Welfare to Self-Sufficiency Act of 1994

United States · United States Congress · 17 August 1994

TABLE OF CONTENTS: Title I: Family Investment Program and Other Welfare Reform Title II: Improvements in the Collection of Child Support Title III: Welfare Restrictions for Aliens Welfare to Self-Sufficiency Act of 1994 - Title I: Family Investment Program and Other Welfare Reform - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act (SSA) to require State AFDC plans in States without a waiver from the Secretary of Health and Human Services (Secretary) to provide for a program in which the State agency negotiates an agreement with each family on AFDC outlining the steps non-exempt family members must take. Includes among such steps participation in education or job training programs, or in substance abuse treatment or parenting programs, in order to obtain self-sufficiency within a certain period. Requires supplemental services, such as transportation and child care, when necessary for achieving such goal, as well as support and case management when adapting such agreement for changing family circumstances. Requires the State agency to offer such families enrollment in a limited benefit plan under which benefits are suspended after six months, and in which families failing to comply with the agreement are automatically enrolled. (Sec. 101) Requires the Secretaries of Health and Human Services, of Labor, and of Education to ensure appropriate coordination in the planning, development, and operation of the family investment program above and other specified programs, including the JOBS program under SSA title IV part F (Job Opportunities and Basic Skills Training Program) in order to improve departmental services and reduce program overlap and administrative costs. (Sec. 102) Makes numerous miscellaneous amendments to SSA title IV part A. Provides States with various specified options for moving AFDC recipients towards self-sufficiency, including options for: (1) increasing asset limits and disregards for work expenses, earned income, and automobiles; (2) disregarding interest income and certain earned income of new employees and dependent children as well as certain income and resources related to microenterprise and other employment and self-sufficiency initiatives; and (3) requiring certain unemployed parents to participate in job search and training activities. Eliminates the earned income disregard time limitation and various work-related requirements with regard to unemployed parent households. Provides for the inclusion of microenterprise training and activities in the JOBS program, and makes various specified changes with regard to program job searches, work assignments, and grievance procedures. (Sec. 106) Requires pregnant AFDC recipients to participate in the JOBS program. Changes payment formulae for the JOBS program and child care. Increases the JOBS program's authorization. (Sec. 109) Extends transitional child care benefits and the disregards for earned income and child care to non-recipient stepparents. Provides for timely preventive health care for children of AFDC recipients. (Sec. 110) Directs the Secretary to establish wage supplementation demonstration projects for certain AFDC-eligible individuals to provide an incentive to work. Title II: Improvements in the Collection of Child Support - Amends SSA title IV part D (Child Support and Establishment of Paternity) and the Internal Revenue Code to provide for the establishment of a system under which the Internal Revenue Service (IRS) would collect child support via wage withholding and estimated tax payments and disperse it as appropriate. Requires the entire amount of child support owed to be paid to the IRS by the end of the applicable tax year along with the individual's tax return. Subjects delinquent individuals to generally the same penalties applicable to back taxes. (Sec. 203) Gives States the option of periodically making available for publication the identity of individuals at least three months behind in child support payments. Title III: Welfare Restrictions for Aliens - Declares that no AFDC, Medicaid, food stamp, supplemental security income, or Federal unemployment compensation benefits shall be available to an unlawful alien, except pursuant to the Immigration and Nationality Act. (Sec. 301) Requires that any lawful alien receiving any such benefits for 12 months be reported to the Immigration and Naturalization Service (INS) and be treated as a public charge. Requires attribution of a sponsor's or spouse's income and resources to a family preference alien as unearned income and resources until such alien achieves U.S. citizenship. (Sec. 302) Requires State AFDC agencies to provide information on illegal aliens to the INS.

Bill· SS. 2396 (103rd)open

Affordable Health Care Now Act of 1994

United States · United States Congress · 16 August 1994

TABLE OF CONTENTS: Title I: Improved Access to Affordable Health Care Subtitle A: Increased Availability and Continuity of Health Coverage for Individuals and Their Families Subtitle B: Reform of Health Insurance Subtitle C: Preemption Subtitle D: Health Deduction Fairness Subtitle E: Improved Access to Community Health Services Subtitle F: Improved Access to Rural Health Services Subtitle G: Assistance in Enrolling Uninsured Children in Health Insurance Subtitle H: Medicaid Reform Subtitle I: Remedies and Enforcement with Respect to Group Health Plans Subtitle J: Delivery of Health Care Services to Illegal Immigrants Title II: Health Care Cost Containment and Quality Enhancement Subtitle A: Medical Malpractice Liability Reform Subtitle B: Administrative Cost Savings and Fair Health Information Practices Subtitle C: Deduction for Cost of Catastrophic Health Plan; Medical Savings Accounts Subtitle D: Anti-Fraud Subtitle E: Increased Medicare Beneficiary Choice; Additional Medicare Reforms Subtitle F: Health Care Antitrust Improvements Subtitle G: Encouraging Enforcement Activities of Medical Self-Regulatory Entities Subtitle H: Reform of Clinical Laboratory Requirements for Simple Tests Subtitle I: Miscellaneous Provisions Title III: Long-Term Care Subtitle A: Tax Treatment of Long-Term Care Insurance Subtitle B: Establishment of Federal Standards for Long-Term Care Insurance Subtitle C: Protection of Assets Under Medicaid Through Use of Qualified Long-term Care Insurance Subtitle D: Studies Subtitle E: Volunteer Service Credit Demonstration Projects Affordable Health Care Now Act of 1994 - Title I: Improved Access to Affordable Health Care - Subtitle A: Increased Availability and Continuity of Health Coverage for Individuals and Their Families - Part 1: Required Coverage Options for Eligible Employees, Spouses, and Dependents - Requires each employer to make available to each eligible employee a group health plan under which: (1) coverage of each eligible individual with respect to such employee may be elected on an annual basis; (2) coverage is provided for at least the required coverage specified; and (3) employees may elect to have premiums collected through payroll deduction. Does not require employer contributions to the cost of coverage under such a plan. Provides for the exclusion of: (1) employers who have been employers for less than two years or who have no more than two eligible employees or no more than two eligible employees not covered under any group health plan; and (2) family members under specified circumstances. Specifies that a group health plan shall not be treated as failing to meet the requirements of this Act solely because a period of service by an eligible employee of not more than 60 days is required for coverage. Specifies that the required coverage is standard coverage, except that in the case of a small employer that has not contributed during the previous plan year to the cost of coverage for any eligible employee under any group health plan, the required coverage for the plan year is coverage under a MedAccess standard, MedAccess catastrophic, and MedAccess medisave plan. Requires standard coverage to include at least one option, either a fee-for-service option and if available, a point-of-service option and a managed care option. Provides for a five-year transition for existing group health plans. Part 2: Portability and Nondiscrimination - Prohibits a group health plan from imposing (and an insurer from requiring an employer from imposing through a waiting period for coverage under a plan or similar requirement) a limitation or exclusion of benefits relating to treatment of a preexisting condition if: (1) the condition relates to a condition that was not diagnosed or treated within three months before the date of coverage under the plan; (2) the limitation or exclusion extends over more than six months after the date of coverage, applies to an individual who, as of the date of birth, was covered under the plan, or relates to pregnancy; or (3) an eligible individual has such coverage at the time the individual first became eligible. Specifies that, in the case of an individual who is eligible for coverage under a plan but for a waiting period imposed by the employer, the individual shall be treated as having been covered under the plan as of the earliest date of the beginning of the waiting period. Provides a one-time amnesty period for pre-existing condition exclusions. (Sec. 1012) Requires each group health plan to waive any period applicable to a preexisting condition for similar benefits with respect to an individual to the extent that the individual, prior to enrollment in such plan, was covered for the condition under any other health plan. (Sec. 1013) Prohibits: (1) a multiemployer plan and an exempted multiple employer health plan from canceling or denying renewal of coverage under such a plan for an employer other than for nonpayment of contributions, fraud or other misrepresentation, noncompliance with plan provisions, or because the plan is ceasing to provide any coverage in a geographic area; (2) an insurer from canceling a health insurance plan or denying renewal of coverage other than as prescribed above; and (3) an insurer who terminates the offering of health insurance plans in an area from offering such a plan to any employer in the area until five years after the date of the termination. Part 3: Standards for Managed Care Arrangements and Essential Community Providers - Sets forth requirements for group health plans and insurers that provide health care coverage through managed care arrangements. Requires such arrangements to assure that covered individuals have reasonably prompt access through the entity's provider network to the benefits package and to centers of excellence. (Sec. 1022) Requires the Secretary of Health and Human Services (Secretary) to establish standards for utilization review programs and periodically review and update such standards to reflect changes in the delivery of health care services. Part 4: Enforcement; Effective Dates; Definitions - Makes provisions of the Employee Retirement Income Security Act of 1974 applicable with respect to enforcement of this Act (by the Department of Labor). Amends the Internal Revenue Code (Code) to impose a tax ($100 per day for each individual involved, subject to specified limitations) on the failure of an insurer to comply with the requirements under part 2, unless the Secretary determines that the State has in effect a regulatory enforcement mechanism that provides adequate sanctions. Subtitle B: Reform of Health Insurance - Part I: Marketplace for Small Business - Requires each insurer that makes available a health insurance plan to a small employer in a State to make available to each small employer in the State a MedAccess standard, MedAccess catastrophic, and MedAccess medisave plan, with exceptions for health maintenance organizations (HMOs) and if a State provides for guaranteed availability (rather than guaranteed issue). Requires each insurer that offers a MedAccess plan to a small employer in a State to accept: (1) every small employer in the State that applies for coverage; and (2) every eligible individual who applies for enrollment on a timely basis. Sets forth provisions regarding: (1) special rules for HMOs; (2) timely enrollment requirements; and (3) enrollment of spouses and dependents. Makes such requirements inapplicable in a State that has provided (in accordance with specified standards) a mechanism under which each insurer offering a health insurance plan to a small employer in the State must participate in a program for assigning high-risk small employer groups (or individuals within such a group) among some or all such insurers, if the insurers comply. (Sec. 1102) Defines "MedAccess coverage" as a health insurance plan that: (1) is designed to provide standard coverage with substantial cost-sharing, only catastrophic coverage, or medisave coverage; (2) includes only essential and medically necessary services; (3) meets applicable requirements relating to guaranteed issue; and (4) meets specifies consumer protection standards. Defines "MedAccess standard coverage," "MedAccess catastrophic coverage," and "MedAccess medisave coverage" to mean a MedAccess plan that provides for at least standard coverage, for only catastrophic coverage, or medisave coverage, respectively. Requests the National Association of Insurance Commissioners (NAIC) to submit to the Secretary a set of rules which is sufficient for determining the actuarial value of coverage offered by a plan. Directs the Secretary to certify such set of rules for use under this subtitle if they meet such requirements or establish such a set of rules. Specifies that a health insurance plan is considered to provide: (1) standard coverage if the benefits are determined, in accordance with certified rules of actuarial equivalence, to have a value that is within five percentage points of an established target actuarial value for standard coverage; (2) catastrophic coverage if benefits are available under the plan for a year only to the extent that expenses for covered services in a year exceed a deductible amount that is consistent with a specified requirement for a catastrophic health plan under the Code, and are determined, in accordance with certified actuarial equivalence rules, to have a value that is within five percentage points of an established target actuarial value for catastrophic coverage; and (3) medisave coverage if such plan consists of a catastrophic health plan within the meaning of the Code and a medical savings account. Requests NAIC to submit to the Secretary target actuarial values for standard and catastrophic coverage. Permits NAIC to submit periodic revisions of, and permits the Secretary to revise, the set of rules of actuarial equivalence and target actuarial values where necessary to take into account changes in the relevant types of health benefits provisions, in deductible levels for catastrophic coverage, or in relevant demographic conditions. (Sec. 1103) Directs the Secretary to request NAIC to develop model regulations that specify standards with respect to requirements: (1) that insurers make available MedAccess plans; (2) of guaranteed availability of MedAccess plans to small employers; (3) relating to limits on premiums and certain consumer protections; and (4) relating to limitation of annual premium increases. Requires the Secretary to review such standards and, if NAIC fails to specify standards meeting such requirements, to promulgate standards. Sets forth provisions regarding: (1) the application of MedAccess standards and consumer protection standards by the States; and (2) the Federal role. (Sec. 1104) Sets forth provisions: (1) regarding limits on premium rate variations, including discounts for employer wellness programs; and (2) requiring an insurer, at the time of offering a health insurance plan to a small employer, to fully disclose rating practices for health insurance plans, including rating practices for different populations and benefit designs. (Sec. 1105) Requires the Secretary of Labor to monitor the prevalence and impact of adverse risk selection in the full insured plans made available to small employers resulting from the decision of small employers to self-insure. (Sec. 1106) Directs the Secretary to: (1) request NAIC to develop models for reinsurance or allocation of risk mechanisms for health insurance plans made available to small employers for whom an insurer is at risk of incurring high costs under the plan; and (2) review such models or specify models. Sets forth provisions regarding implementation of reinsurance or allocation of risk mechanisms by the States and the Federal role. Part 2: Marketplace for Individuals - Makes the provisions of Part 1 applicable to insurers offering health insurance coverage to individuals and their dependents. Part 3: Voluntary Health Purchasing Arrangements - Provides for the establishment of voluntary health purchasing arrangements. (Sec. 1124) Requires such arrangements to offer enrollment in health insurance coverage only to: (1) all eligible employees employed by small employers in a service area; and (2) all eligible individuals residing in such area. Part 4: Definitions and Miscellaneous Provisions - Provides definitions for purposes of this subtitle. (Sec. 1134) Requires the Secretary to make annual reports to the Congress on the implementation of this subtitle and the need for additional reforms to assure and expand coverage. (Sec. 1135) Authorizes the Director to conduct: (1) research on the impact of this subtitle on the availability of affordable health coverage for employees and dependents in the small employers group health care coverage market and other specified topics; and (2) demonstration projects relating to such topics. Requires the Director to develop: (1) methods for measuring the relative health risks of eligible individuals in terms of the expected costs of providing benefits under health insurance plans and, in particular, MedAccess plans; and (2) a model for equitably distributing health risks among insurers in the small employer health care coverage market. Authorizes appropriations. Subtitle C: Preemption - Part 1: Scope of State Regulation - Makes inapplicable to a group health plan any State or local law requiring coverage of specific benefits, services, or categories of health care, or services of any class or type of provider of health care. (Sec. 1202) Makes inapplicable any State or local law prohibiting two or more employers from obtaining coverage under a multiple employer welfare arrangement under which all coverage: (1) consists of medical care described under specified provisions of the Employee Retirement Income Security Act of 1974 (ERISA); and (2) is fully insured. (Sec. 1203) Preempts, for a five-year period, State law provisions which restrict: (1) reimbursement rates or selective contracting; (2) differential financing incentives; and (3) utilization review methods. Directs the Comptroller General to study benefits and cost effectiveness of use of managed care in health services delivery and to report to the Congress, including recommendations as to whether such preemption should be extended. Part 2: Multiple Employer Health Benefits Protections - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide a limited exemption from certain restrictions on ERISA preemption of State law for health plans maintained by multiple employers subject to certain Federal standards. Relieves such exempted multiple employer health plans of certain restrictions on preemption of State law, and treats them as employee welfare benefit plans. Sets forth exemption procedures, application and eligibility requirements, and additional notice, reporting, and actuarial requirements applicable to exempted multiple employer health plans. Requires multiple employer welfare arrangements providing certain medical care benefits to issue specified disclosures to participating employers. Requires each multiple employer welfare arrangement which is or has been an exempted multiple employer health plan, and under which coverage is not fully insured, to establish certain minimum reserves. Authorizes the Secretary of Labor to permit alternative means of compliance. Sets forth corrective actions, including actions to avoid depletion of reserves and actions in connection with termination of arrangements. Provides for expirations, renewals, suspensions, and revocations of exemptions. Provides for review of actions of the Secretary, including denials of applications and suspensions or revocations of exemptions. Provides for alternative means of distribution of summary plan descriptions. (Sec. 1212) Revises provisions relating to scope of preemption rules, treatment of single employer arrangements, and treatment of certain collectively bargained arrangements. (Sec. 1215) Sets forth special rules for employee leasing healthcare arrangements, providing that they be treated as multiple employer welfare arrangements. (Sec. 1216) Sets forth enforcement provisions relating to multiple employer welfare arrangements and employee leasing healthcare arrangements, including enforcement of filing requirements, actions by States in Federal court, criminal penalties for certain willful misrepresentations, cease activities orders, and responsibility for claims procedures. (Sec. 1217) Sets forth solvency requirements for certain self- insured group health plans. (Sec. 1218) Sets forth filing requirements for multiple employer welfare arrangements providing health benefits. (Sec. 1219) Provides for cooperation between Federal and State authorities, including: (1) agreements for State enforcement of ERISA provisions applicable to multiple employer welfare arrangements which are or have been exempted multiple employer health plans; and (2) enforcement and technical assistance to States with respect to issues involving multiple employer welfare arrangements. (Sec. 1220) Sets forth transitional rules. Part 3: Encouragement of Multiple Employer Arrangements Providing Basic Health Benefits - Amends the Internal Revenue Code to eliminate the commonality of interest or geographic location requirement for tax-exempt trust status in the case of determining whether any multiple employer health plan or insured multiple employer health plan is a voluntary employees' beneficiary association meeting certain requirements, if: (1) such plan provides at least standard coverage consistent with specified provisions of this Act (the Affordable Health Care Now Act of 1994); and (2) in the case of such an insured plan, it meets specified ERISA requirements not preempted by this Act. (Sec. 1222) Amends ERISA to direct the Secretary of Labor to prescribe an alternative method for the filing of a single annual report with respect to all employers participating under a multiple employer welfare arrangement under which all coverage consists of medical care and is fully insured. (Sec. 1223) Sets forth provisions for determining compliance with coverage requirements through multiple employer health arrangements. Subtitle D: Health Deduction Fairness - Amends the Internal Revenue Code to provide for: (1) a permanent extension and an increase in the health insurance tax deduction for self-employed individuals; and (2) a deduction of health insurance premiums for certain previously uninsured individuals. Subtitle E: Improved Access to Community Health Services - Part 1: Increased Authorization for Community and Migrant Health Centers - Directs the Secretary to provide for grants to migrant and community health centers to promote primary health care services for underserved individuals. Allows grants to be used to promote the provision of off-site services, to improve birth outcomes in areas with high infant mortality and morbidity, to establish primary care clinics in areas in need, and for recruitment and training costs of necessary providers and operating costs for unreimbursed services. Authorizes appropriations. Directs the Secretary to conduct a study of the impact of such grants on access to health care, birth outcomes, and the use of emergency room services. Part 2: Grants for Projects for Coordinating Delivery of Services - Amends the Public Health Service Act to authorize the Secretary to make grants to public and nonprofit private entities: (1) to carry out demonstration projects to increase access to outpatient primary health services in specified geographic areas (i.e., areas that are rational areas for the delivery of health services, have a population of not more than 500,000 individuals, and have been designated by the Secretary as areas with a shortage of personal health services or that have a significant number of individuals with low incomes or insufficient health care insurance) through coordinating the delivery of services under Federal, State, local, and private programs; and (2) for developing plans to carry out such projects. Authorizes appropriations. Part 3: Community Health Networks - Sets forth qualifications for community health network arrangements. Subtitle F: Improved Access to Rural Health Services - Part 1: Establishment of Rural Emergency Access Care Hospitals Under Medicare - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for: (1) establishment of rural emergency access care hospitals under Medicare; and (2) coverage of and payment for rural emergency access care hospital services under Medicare part B (Supplementary Medical Insurance). Part 2: Rural Medical Emergencies Air Transport - Amends the Public Health Service Act to direct 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 with access to treatments. Sets forth provisions regarding: (1) application and State plan requirements; (2) considerations in awarding grants; (3) State administration and use of grants; (4) the number of grants; and (5) reporting requirements. Authorizes appropriations. Part 3: Emergency Medical Services Amendments - Amends the Public Health Service Act to direct the Secretary to: (1) establish an Office of Emergency Medical Services, headed by a Director; (2) engage in specified emergency medical services activities, including disseminating information obtained in carrying out specified activities to public and private entities, providing technical assistance to State and local agencies, coordinating Department of Health and Human Services (DHHS) activities with those of other Federal agencies; and (3) ensure that such activities are carried out consistent with certain requirements regarding maintaining an adequate number of health professionals with expertise in the provision of services, developing, periodically reviewing, and revising as appropriate guidelines for the provision of such services, appropriately using available technologies, and serving the unique needs of underserved inner-city and rural areas. (Sec. 1522) Authorizes the Secretary to make grants to States for the purpose of improving the availability and quality of emergency medical services through the operation of State offices of emergency medical services, subject to specified matching fund, budgetary, and other requirements. (Sec. 1523) Provides for demonstration projects to establish telecommunications between rural medical facilities and medical facilities with expertise or equipment. Directs the Secretary to ensure that the telecommunications technologies demonstrated include interactive video telecommunications, static video imaging transmitted through the telephone system, and facsimiles transmitted through such system. (Sec. 1524) Authorizes appropriations for: (1) emergency medical services (including for State offices of Emergency Medical Services and for telecommunications demonstrations); and (2) trauma care and certain other activities. Part 4: Additional Rural Health Care Provisions - Authorizes the Secretary to make grants to public and nonprofit private entities to develop health plans to provide services exclusively in rural and frontier areas. Authorizes appropriations. (Sec. 1532) Authorizes the Secretary to make grants to public and nonprofit private hospitals in medically underserved rural communities, and to public and nonprofit outpatient facilities in such communities, to develop or increase capacity to provide primary health services. (Sec. 1533) Authorizes the Secretary to make grants to such entities to conduct research and carry out demonstration projects to develop innovative approaches to the delivery of health care in rural areas, such as the use of telemedicine and mobile delivery units. (Sec. 1534) Authorizes appropriations for the training of rural health professionals other than physicians. Subtitle G: Assistance in Enrolling Uninsured Children in Health Insurance - Amends title XIX (Medicaid) of the Social Security Act (SSA) to provide for the establishment of State premium subsidy programs to assist eligible needy children with premiums for standard health coverage. Subtitle H: Medicaid Reform - Amends SSA title XIX to: (1) provide for the establishment of State health allowance programs under which the State makes payments to an approved group health plan which provides coverage to eligible individuals as an allowance towards the costs of providing the individual with benefits under the plan; (2) modify Federal requirements to allow States more flexibility in contracting for coordinated care services under Medicaid; (3) make changes regarding the period of certain waivers under Medicaid; and (4) reduce the amount of Federal payment adjustments under Medicaid for disproportionate share hospitals. (Sec. 1713) Eliminates the duplicative pediatric immunization program under Medicare. Subtitle I: Remedies and Enforcement with Respect to Group Health Plans - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to set forth claims procedure special rules for group health plans. Directs the Secretary of Labor to establish a mediation program for disputes involving group health plan claims. Requires the Secretary to maintain a list of individuals with expertise to serve as facilitators under such program, and to propose a facilitator for each mediation subject to one objection by each party. Sets forth provisions for participation of attorneys, initiation of mediation, mediation procedures, time limits, costs, legal effect of participation, and confidentiality and admissibility. Sets forth court remedies for participants and beneficiaries with respect to group health plans. Subtitle J: Delivery of Health Care Services to Illegal Immigrants - Directs the Secretary of Health and Human Services to conduct a study of health care to illegal immigrants, including the effect of illegal immigration on health costs and the shifting of health costs. Requires a report to the Congress, with recommendations on appropriate means of: (1) alleviating health problems peculiar to illegal immigrants; (2) financing health care provided to illegal immigrants; and(3) increasing intergovernmental cooperation and coordination of efforts of the United States and other countries to alleviate such health problems and finance such efforts. Title II: Health Care Cost Containment and Quality Enhancement - Subtitle A: Medical Malpractice Liability Reform - Part 1: General Provisions - Makes this subtitle applicable with respect to any medical malpractice liability claim and to any medical malpractice liability action brought in State or Federal court, except a claim or action for damages arising from a vaccine-related injury or death to the extent that title XXI of the Public Health Service Act applies. Sets forth provisions regarding: (1) preemption of State law; (2) effect on sovereign immunity and choice of law or venue; (3) jurisdiction; and (4) effective dates. Part 2: Medical Malpractice and Product Liability Reform - Prohibits a medical malpractice liability action from being brought in any State court during a calendar year unless the relevant claim has been initially resolved (i.e., a decision has been reached on whether the defendant is liable to the plaintiff for damages and on the amount of damages) under a certified alternative dispute resolution (ADR) system or an alternative Federal system. Prohibits a medical malpractice liability action from being brought in Federal court based on diversity of citizenship during a calendar year unless the relevant claim has been initially resolved under such a system in the State whose law applies. Directs the Attorney General to establish an ADR process for tort claims consisting of medical malpractice liability claims brought against the United States under chapter 171 of the Federal judicial code (U.S. Court of Federal Claims). Prohibits a medical malpractice liability action based on such a claim from being brought in any Federal court unless the claim has been initially resolved under such process. Sets forth procedures for filing actions. (Sec. 2012) Limits to $250,000 the amount of noneconomic damages that may be awarded to a claimant and family members in a medical malpractice liability action. Sets limits on punitive damages and on periodic payments for future losses. Reduces damages by any other payments made to compensate an individual for injuries. (Sec. 2013) Set forth provisions regarding: (1) limits on attorney fees and other costs; (2) joint and several liability (generally, liability may be found only for those damages directly attributable to the person's proportionate share of fault or responsibility for the injury); (3) a statute of limitations of seven years; and (4) a uniform standard for determining negligence (the defendant's conduct at the time of providing the health care services was not reasonable). (Sec. 2017) Specifies that in the case of a medical malpractice liability claim relating to services provided during labor or the delivery of a baby, if the health care professional did not previously treat the injured individual for the pregnancy, the trier of fact may not find that the defendant committed malpractice nor assess damages unless the malpractice is proven by clear and convincing evidence. Part 3: Requirements for State Alternative Dispute Resolution Systems - Lists requirements for State ADR systems, including that such a system: (1) applies to all medical malpractice liability claims under the jurisdiction of the courts of that State; (2) requires that a written opinion resolving the dispute be issued within six months after each party against whom the claim is filed has received notice of the claim; (3) is approved by the State or local governments; (4) provides for the transmittal to the State agency responsible for monitoring or disciplining health care professionals and providers of any findings of malpractice; and (5) provides for the regular transmittal of information on disputes resolved under the system to the Administrator for Health Care Policy and Research in a manner that protects the identity of the parties involved. (Sec. 2032) Directs the Secretary, by October 1 of each year, to certify State ADR systems that meet such requirements. Directs the Secretary to establish an alternative Federal ADR system for the resolution of medical malpractice liability claims in States that do not have in effect a certified ADR system. (Sec. 2033) Directs the Secretary, within five years, to submit to the Congress a report describing and evaluating State ADR systems and the alternative Federal system, including: (1) information on the effect of the ADR systems on health care costs, access to health care, and quality of care provided within the State; and (2) to the extent that such report does not provide information on no-fault systems operated by States as ADR systems, an analysis of the feasibility and desirability of establishing a system for resolving medical malpractice liability claims on a no-fault basis. Part 4: Other Provisions Relating to Medical Malpractice Liability - Authorizes 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 permit their participation in the licensing of such practitioner and to review any health care malpractice action, claims, or allegation, or other information concerning the practice patterns of any such practitioner. Sets forth agreement requirements. (Sec. 2042) Directs the Secretary to study incentives adopted by State and local governments, insurers, medical societies, and other entities to encourage physicians to volunteer to provide health care services in medically underserved areas. (Sec. 2043) Directs each State to require: (1) each health care professional and health care provider to participate in a risk management program to prevent, and provide early warning of, practices which may result in injuries to patients or endanger patient safety; and (2) each provider of health care professional and provider liability insurance in the State to establish risk management programs or sanction programs of risk management for health care professionals and providers provided by other entities, and require each such professional or provider, as a condition of maintaining insurance, to participate in one such program at least once in each three-year period. (Sec. 2044) Directs the Secretary to make grants: (1) for basic research in the prevention of, and compensation for, injuries resulting from health care professional or provider malpractice and for research of the outcomes of health care procedures; (2) to States to assist in improving their ability to license and discipline health care professionals; and (3) to States and local governments, private nonprofit organizations, and health professional schools for educating the general public about the appropriate use of health care, realistic expectations of medical intervention, and the resources and role of health care professional licensing and disciplinary boards in investigating claims of incompetence or health care malpractice, and for developing programs of faculty training and curricula for educating health care professionals in quality assurance, risk management, and medical injury prevention. Authorizes appropriations. Subtitle B: Administrative Cost Savings and Fair Health Information Practices - Part 1: Administrative Cost Savings - Subpart A: Standards for Data Elements and Transactions - Directs the Secretary to adopt standards and modifications to standards that are: (1) consistent with the objective of reducing the costs of providing and paying for health care; and (2) in use and generally accepted, developed, or modified by the standard-setting organizations accredited by the American National Standard Institute. (Sec. 2104) Directs the Secretary to adopt standards: (1) for data elements of health information; and (2) for transmitting information electronically. Subpart B: Requirements With Respect to Certain Transactions and Information - Specifies standard transactions. Subpart C: Miscellaneous Provisions - Requires the Secretary to establish standards with respect to the operation of health information network services. (Sec. 2124) Authorizes the Secretary to make grants for demonstration projects to promote the development and use of electronically integrated community-based clinical information systems and computerized patient medical records. Subpart D: Assistance to the Secretary - Establishes the Health Care Information Advisory Committee to: (1) assist the Secretary in complying with requirements under this Act; (2) be generally responsible for advising the Secretary and the Congress on the status of the health information network; and (3) make recommendations to correct problems in the network and to refine and improve the network. Part 2: Fair Health Information Practices - Subpart A: Duties of Health Information Trustees - Specifies the duties of health information trustees with respect to inspection of protected health information. (Sec. 2142) Provides a procedure to amend protected health information. Subpart B: Use and Disclosure of Protected Health Information - Sets forth general limitations on the use and disclosure of protected health information by health information trustees. (Sec. 2152) Authorizes a health information trustee to disclose protected health information pursuant to a written authorization by the protected individual. (Sec. 2153) Describes the circumstances under which health information trustees may disclose protected health information to: (1) health plans, health care providers, and oversight agencies; (2) next of kin; (3) public health authorities; (4) health research entities; (5) authorities under emergencies; (6) courts or administrative agencies; (6) law enforcement agencies; (7) entities under subpoenas, warrants, and search warrants; and (8) health information service organizations. Subpart C: Access Procedures and Challenge Rights - Prohibits a government authority from obtaining protected health information about a protected individual from a health information trustee through subpoenas, warrants, and search warrants unless there is probable cause that the information is relevant to the law enforcement inquiry. (Sec. 2172) Establishes challenge procedures to such subpoenas. Subpart D: Miscellaneous Provisions - Restricts the information a health information trustee may disclose when a protected individual pays for health care through a payment card or electronic means. (Sec. 2183) Directs the Secretary to develop standards for electronic documents and communications. (Sec. 2184) Provides for the disclosure of protected health information to affiliated persons and agents and attorneys. (Sec. 2187) Requires States to establish a process for the maintenance of certain protected health information. Subpart E: Enforcement - Provides for civil actions against health information trustees. (Sec. 2192) Authorizes the Secretary to impose a civil money penalty against such trustees for a demonstrated pattern of failure to comply with this subpart. (Sec. 2193) Requires the Secretary to develop an alternative dispute resolution method for resolving claims for civil actions. (Sec. 2194) Amends the Federal criminal code to impose penalties for violations in disclosing and obtaining protected health information. Subpart F: Amendments to Title 5, United States Code - Requires certain Federal agency heads to promulgate rules protecting health information. Subpart G: Regulations, Research, and Education; Effective Dates; Applicability; and Relationship to Other Laws - Requires the Secretary to prescribe regulations to carry out this part not later than July 1, 1996. (Sec. 2197) Makes this part effective on January 1, 1997, except for certain provisions that take effect upon enactment. Subtitle C: Deduction for Cost of Catastrophic Health Plan; Medical Savings Accounts - Amends the Internal Revenue Code to include under the medical expense deduction the portion of such expense attributable to coverage under a catastrophic health plan. (Sec. 2202) Allows individuals a tax deduction for a percentage of contributions made to a medical care savings account established for the benefit of an eligible individual. Allows such deduction whether or not an individual itemizes deductions. Disallows distributions from such accounts as medical expense deductions. Excludes employer contributions to such accounts from employment taxes. Establishes an excise tax for excess contributions to medical care savings accounts. Subtitle D: Anti-Fraud - Directs the Attorney General to establish an all-payer health care fraud and abuse control program. (Sec. 2302) Authorizes additional appropriations for such program and AG investigations of possible health care fraud. (Sec. 2303) Establishes in the Treasury the Anti-Fraud and Abuse Trust Fund for use in preventing anti-fraud and abuse law violations and repaying Medicaid and other beneficiaries for cost-sharing. (Sec. 2311) Amends SSA title XI and the Federal criminal code to: (1) revise current sanctions to provide for, among other things, mandatory exclusion from Medicare and State health care program participation of individuals or entities convicted of a fraud-related felony in connection with the delivery of a health care item or service, and criminal penalties of fines and imprisonment for health care fraud; and (2) authorize the Secretary of Health and Human Services (Secretary) to issue advisory opinions with regard to specified matters, including matters concerning prohibited remuneration and service inducements. (Sec. 2315) Modifies: (1) current limitations under Medicare (SSA title XVIII) on physician self-referral; and (2) effective date exceptions under the Omnibus Budget Reconciliation Act of 1993 for such referrals made for clinical laboratory services. (Sec. 2316) Directs the Comptroller General to study and report to the Congress on the costs of peer review contracts for Medicare HMOs. (Sec. 2332) Amends SSA title XVIII to require the Secretary to issue advisory opinions relating to prohibited referrals under Medicare. Directs the Secretary to issue regulations establishing systems under SSA titles XI and XVIII for the issuance of advisory opinions. Subtitle E: Increased Medicare Beneficiary Choice; Additional Medicare Reforms - Amends SSA title XVIII and the Omnibus Budget Reconciliation Act of 1990 to make specified changes in HMO and Medicare supplemental policy provisions. Imposes mandates on the Secretary in order to afford Medicare beneficiaries additional avenues for choosing health care coverage, including enrollment in private health insurance plans. (Sec. 2411) Extends current rules for computing Medicare part B (Supplementary Medical Insurance) premiums. (Sec. 2412) Amends the Internal Revenue Code to provide for the imposition of a Medicare part B premium tax for high-income Medicare part B beneficiaries. (Sec. 2413) Directs the Secretary to take such steps as necessary to consolidate administration of Medicare parts A (Hospital Insurance) and B. (Sec. 2414) Makes specified extensions with regard to Medicare as secondary payer, including those concerning data matches. Subtitle F: Health Care Antitrust Improvements - Exempts from all antitrust claims an activity relating to the provision of health care services that is: (1) within a "safe harbor" designated by the Attorney General, except for claims for injunctive relief asserted by the Attorney General or the Chair of the Federal Trade Commission in extraordinary circumstances; and (2) specified in and in compliance with the terms of a certificate of review issued by the Attorney General, where the activity occurs while the certificate is in effect, except for claims for injunctive relief. Sets forth provisions regarding the award of attorney fees and costs of suit to the prevailing party in an action based on a claim involving activity found to be exempt. (Sec. 2502) Directs the Attorney General to develop and designate specified safe harbors relating to the following, as well as to such other categories of activities as the Attorney General may designate (subject to specified requirements): (1) joint purchasing of health care services; (2) small hospital mergers; (3) startup and operation of collaborations between State-licensed providers through partial or full integration; (4) standard setting and enforcement activities by medical self-regulatory entities; (5) health care providers collectively supplying non-price medical information to buyers and consumers; (6) health care provider participation in surveys; (7) health care joint ventures' purchase or use of equipment or provision of advanced tertiary care services; (8) provision of market power screens at appropriate levels below which combinations of providers are too small to pose a realistic antitrust threat; (9) joint purchasing arrangements; and (10) good faith negotiations relating to legitimate collaborative activities. Directs the Attorney General to publish notice in the Federal Register soliciting proposals for additional safe harbors. Authorizes the Attorney General to modify or remove a safe harbor following notice and comment upon a determination that the safe harbor does not meet specified criteria. Sets forth criteria in establishing safe harbors, including: (1) the extent to which a competitive or collaborative activity will accomplish an increase in health care access and quality, the establishment of cost efficiencies, and increased ability of health care facilities to provide services in medically underserved areas or to underserved populations; and (2) whether designation as a safe harbor will result in specified desirable outcomes. (Sec. 2503) Directs the Attorney General to issue certificates of review for providers of health care services and to assist persons in applying for such certificates. Sets forth procedures regarding applications for, renovation of, and review of determinations regarding, such certificates. Limits the disclosure of information. (Sec. 2504) Sets forth provisions regarding notifications providing for a reduction in certain penalties under the antitrust laws for health care cooperative ventures. (Sec. 2505) Directs the Attorney General to periodically review the safe harbors, certificates of review, and notifications. (Sec. 2507) Establishes within the Department of Health and Human Services an Office of Health Care Competition Policy. Subtitle G: Encouraging Enforcement Activities of Medical Self- Regulatory Entities - Part 1: Application of the Clayton Act to Medical Self-Regulatory Entities - Provides that no damages, cost of suit, or attorney fee may be recovered under section 4, 4A, or 4C of the Clayton Act, or under any similar State law, except by a State or the United States, from any medical self-regulatory entity as a result of engaging in standard setting or enforcement activities that are: (1) designed to promote the quality of health care provided to patients; and (2) not conducted for purposes of financial gain. Directs the court to award the cost of such a suit, including a reasonable attorney fee, to a substantially prevailing defendant. Part 2: Consultation by Federal Agencies - Requires any Federal agency engaged in the establishment of medical professional standards to consult with appropriate medical societies or associations, specialty boards, or recognized accrediting agencies, if available, in carrying out medical professional standard setting and guidelines or standards relating to the practice of medicine. Subtitle H: Reform of Clinical Laboratory Requirements for Simple Tests - Amends the Public Health Service Act to exempt clinical laboratories performing only simple examinations and procedures from certificate requirements. (Sec. 2703) Directs the Secretary to use existing appropriations to conduct the study relating to the reliability and quality control procedures of clinical laboratory testing programs and the effect of errors in the testing procedures and results on the diagnosis and treatment of patients. (Sec. 2704) Directs the Secretary to revise the membership of the Clinical Laboratory Improvement Advisory Committee to contain a number of practicing physicians proportionate to the number of physician regulated clinical laboratories. Subtitle I: Miscellaneous Provisions - Requires certain Government agencies to refund health benefit contributions for their annuitants. (Sec. 2802) Makes aliens ineligible for social security and Medicaid benefits. (Sec. 2803) Limits the eligibility for social security benefits of certain drug and alcohol addicts. Title III: Long-Term Care - Subtitle A: Tax Treatment of Long-Term Care Insurance - Amends the Internal Revenue Code to provide for the treatment of qualified long-term care insurance as accident and health insurance for purposes of insurance company taxation. (Sec. 3002) Excludes from gross income benefits provided under a long-term care insurance contract. Includes in gross income employer-provided coverage for long-term care services. (Sec. 3003) Includes amounts paid for qualified long-term care services as medical expenses for individual itemized deductions. Includes any parent or grandparent as a dependent for purposes of such expenses. Subtitle B: Establishment of Federal Standards for Long-Term Care Insurance - Amends the Public Health Service Act to mandate the establishment of model Federal standards for long-term care insurance. Prohibits the offering of a long-term care insurance policy in a State unless the State has a regulatory program meeting the requirements of this Act or the policy has been certified by the Secretary of Health and Human Services. Authorizes grants to States for demonstration programs to improve enforcement of the standards. Authorizes appropriations. Imposes on agents selling long-term policies a duty of good faith and fair dealing. Prohibits twisting, high pressure tactics, and cold lead advertising. Mandates minimum financial standards, including income and asset criteria, for advising individuals considering the purchase of a long-term policy. Prohibits sales: (1) to an individual eligible for assistance under title XIX (Medicaid) of the Social Security Act; (2) of duplicate service policies; and (3) of policies that reduce, limit, or coordinate benefits on the basis of eligibility for other coverage or benefits. Provides for: (1) criminal and civil penalties; and (2) agent training and certification. Sets forth additional carrier responsibilities relating to refunding of premiums, mailing of policies, providing information on denials of claims, reporting of information, and limiting compensation to agents for the sale or renewal of policies. Prohibits cancellation or nonrenewal of a long-term care policy except for nonpayment of premium or material misrepresentation. Sets forth continuation and conversion rights for group policies, regulating premiums for converted policies. Requires guaranteed issuance to an individual if the individual meets the minimum medical requirements of the policy. Mandates standards regarding upgraded benefits. Limits cancellation for nonpayment by an incapacitated individual. Requires: (1) subject to exceptions, uniform language and definitions, a uniform format, and at least one standard benefit package; and (2) disclosure of certain matters, including an outline of coverage. Mandates recommendations by the National Association of Insurance Commissioners (NAIC) regarding informing consumers on the long-term economic viability of long-term care insurance carriers. Limits certain conditions on benefits. Requires, if benefits are provided for home health care or community-based services, that certain minimum benefits be provided. Prohibits treating cognitive or mental impairments (including Alzheimer's disease and mental illness) differently from other medical conditions. Limits preexisting condition requirements. Requires: (1) each claimant to have a functional assessment by an individual or entity meeting NAIC qualifications and unconnected to the policy issuer; (2) inflation protection, unless rejected in writing by a policyholder; (3) disclosure of certain premium increases; and (4) nonforfeiture benefits. Prohibits a carrier from contesting a policy or claim based on fraud or misrepresentation unless notice is provided within a time period set by NAIC. Establishes the right of a purchaser to return a policy within a specified period. Defines "long-term care insurance policy," excluding: (1) any basic Medicare supplemental policies; (2) other insurance offered primarily to provide specified types of coverage; and (3) certain life insurance policies. Authorizes grants for programs to provide information, counseling, and assistance regarding the procurement of long-term insurance. Authorizes appropriations. Subtitle C: Protection of Assets Under Medicaid Through Use of Qualified Long-term Care Insurance - Amends the title XIX of the Social Security Act to require State Medicaid plans to disregard some or all of the individual's assets attributable to coverage under a qualified long-term care insurance contract in determining the individual's eligibility for long-term care services. Subtitle D: Studies - Requires the Comptroller General to study the feasibility of: (1) encouraging health care providers to donate their services to homebound patients; and (2) providing heads of households who care for elderly family members in their home with an income tax credit. (Sec. 3303) Requires the Secretary of Health and Human Services to study and report to the Congress on the feasibility of encouraging or requiring the use of a single designated public or nonprofit agency to coordinate, through case management, the provision of long-term care benefits under current Federal, State, and local programs in a geographic area. Subtitle E: Volunteer Service Credit Demonstration Projects - Amends the Older Americans Act of 1965 to require the Commissioner of the Administration on Aging to establish and operate a volunteer service credit demonstration project in each State.

Bill· SS. 2398 (103rd)referred

Illinois Land Conservation Act of 1994

United States · United States Congress · 16 August 1994

Illinois Land Conservation Act of 1994 - Ratifies the proposals identified by the land use plan which was developed by the Joliet Arsenal Citizen Planning Commission and approved on April 8, 1994. Transfers to the Secretary of Agriculture, without reimbursement, portions of the Joliet Army Ammunition Plant in Illinois (Arsenal) to constitute the Midewin National Tallgrass Prairie (MNTP) established by this Act. Declares that this Act does not change the responsibilities or liabilities of persons under applicable environmental laws except that the Secretary shall not be liable or responsible for contamination resulting from or related to the condition of the property existing before such transfer, such as migration of hazardous substances, pollutants, contaminants, or petroleum products or their derivatives disposed during the Department of the Army activities. Makes the Secretary of the Army responsible for the upkeep and maintenance of all fences, guardhouses, and other security facilities and personnel costs on all portions of the Arsenal that have not been transferred to the Secretary. Authorizes the Secretaries and the Administrator to individually and collectively enter into cooperative agreements and memoranda of understanding among each other and with other affected Federal, State, and local governments, private organizations, and corporations to implement this Act and to carry out the purposes for which the MNTP is established. Transfers jurisdiction to the Secretary over those portions of the Arsenal property identified for transfer within six months of enactment of this Act. Requires the Secretary of the Army to retain jurisdiction, authority, control over real property at the Arsenal to be used for environmental cleanup purposes. (Sec. 3) Requires the Secretary of the Army, with respect to the real property at the Arsenal, to remain liable for and to continue to carry out: (1) all response actions required under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) and other applicable provisions of law at or related to the property; and (2) all actions required under any other applicable law to remediate petroleum products or their derivatives. Prohibits such liabilities and responsibilities from being transferred to the Secretary. Makes the Secretary responsible and liable only to the extent of any other contamination affirmatively introduced into the environment at the Arsenal by the Secretary or the Department of Agriculture. Requires any Federal department or agency that had or has operations at the Arsenal resulting in the release or threatened release of hazardous substances, pollutants, or contaminants to pay the cost of related response actions or related actions under other statutes to remediate petroleum products of ther derivatives. (Sec. 4) Requires the MNTP to be managed for National Forest purposes. Prohibits new construction of any highway, public road, or any part of the interstate system through or across any portion of the MNTP. Permits: (1) construction and maintenance of roads for use within the MNTP; and (2) granting of authorizations for utility rights-of-way under applicable Federal law or such access as is necessary (including access by the Secretary of the Arny for purposes of restoration and cleanup as provided in this Act). Sets forth provisions relating to MNTP agricultural leases, special land use authorizations, and admission, occupancy, and use fees with the exception of persons possessing a valid Golden Eagle Passport or Golden Age Passport. Establishes the MNTP Restoration Fund for restoration and administration of the MNTP. (Sec. 5) Designates specified areas of real property at the Arsenal for industrial development, a national veterans cemetery, and a country landfill. Requires: (1) the Secretary of the Army, within six months of satisfying all cleanup and other CERCLA requirements, to offer the Secretary the transer of specified areas, without reimbursement, to be added to the MNTP, subject to the terms, conditions, and limitations on liability contained in this Act; and (2) if the Secretary declines such offer, the property to be disposed of as surplus property. Declares that: (1) nothing in this Act shall be construed to restrict or lessen the degree of cleanup required to be carried out under applicable law at the property designated for disposal; and (2) such disposal shall be in compliance with specified provisions of CERCLA and other applicable laws.

Bill· HRH.R. 4946 (103rd)referred

Illinois Land Conservation Act of 1994

United States · United States Congress · 12 August 1994

Illinois Land Conservation Act of 1994 - Ratifies the proposals identified by the land use plan which was developed by the Joliet Arsenal Citizen Planning Commission and approved on April 8, 1994. Transfers to the Secretary of Agriculture, without reimbursement, portions of the Joliet Army Ammunition Plant in Illinois (Arsenal) to constitute the Midewin National Tallgrass Prairie (MNTP) established by this Act. Declares that this Act does not change the responsibilities or liabilities of persons under applicable environmental laws except that the Secretary shall not be liable or responsible for contamination resulting from or related to the condition of the property existing before such transfer, such as migration of hazardous substances, pollutants, contaminants, or petroleum products or their derivatives disposed during the Department of the Army activities. Makes the Secretary of the Army responsible for the upkeep and maintenance of all fences, guardhouses, and other security facilities and personnel costs on all portions of the Arsenal that have not been transferred to the Secretary. Authorizes the Secretaries and the Administrator to individually and collectively enter into cooperative agreements and memoranda of understanding among each other and with other affected Federal, State, and local governments, private organizations, and corporations to implement this Act and to carry out the purposes for which the MNTP is established. Transfers jurisdiction to the Secretary over those portions of the Arsenal property identified for transfer within six months of enactment of this Act. Requires the Secretary of the Army to retain jurisdiction, authority, control over real property at the Arsenal to be used for environmental cleanup purposes. (Sec. 3) Requires the Secretary of the Army, with respect to the real property at the Arsenal, to remain liable for and to continue to carry out: (1) all response actions required under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) and other applicable provisions of law at or related to the property; and (2) all actions required under any other applicable law to remediate petroleum products or their derivatives. Prohibits such liabilities and responsibilities from being transferred to the Secretary. Makes the Secretary responsible and liable only to the extent of any other contamination affirmatively introduced into the environment at the Arsenal by the Secretary or the Department of Agriculture. Requires any Federal department or agency that had or has operations at the Arsenal resulting in the release or threatened release of hazardous substances, pollutants, or contaminants to pay the cost of related response actions or related actions under other statutes to remediate petroleum products of ther derivatives. (Sec. 4) Requires the MNTP to be managed for National Forest purposes. Prohibits new construction of any highway, public road, or any part of the interstate system through or across any portion of the MNTP. Permits: (1) construction and maintenance of roads for use within the MNTP; and (2) granting of authorizations for utility rights-of-way under applicable Federal law or such access as is necessary (including access by the Secretary of the Arny for purposes of restoration and cleanup as provided in this Act). Sets forth provisions relating to MNTP agricultural leases, special land use authorizations, and admission, occupancy, and use fees with the exception of persons possessing a valid Golden Eagle Passport or Golden Age Passport. Establishes the MNTP Restoration Fund for restoration and administration of the MNTP. (Sec. 5) Designates specified areas of real property at the Arsenal for industrial development, a national veterans cemetery, and a country landfill. Requires: (1) the Secretary of the Army, within six months of satisfying all cleanup and other CERCLA requirements, to offer the Secretary the transer of specified areas, without reimbursement, to be added to the MNTP, subject to the terms, conditions, and limitations on liability contained in this Act; and (2) if the Secretary declines such offer, the property to be disposed of as surplus property. Declares that: (1) nothing in this Act shall be construed to restrict or lessen the degree of cleanup required to be carried out under applicable law at the property designated for disposal; and (2) such disposal shall be in compliance with specified provisions of CERCLA and other applicable laws.

Bill· HRH.R. 4934 (103rd)referred

Immigration Reduction Act of 1994

United States · United States Congress · 10 August 1994

TABLE OF CONTENTS: Title I: Immigrants and Refugees Title II: Border Control Title III: Interior Enforcement Title IV: Document Reform Title V: State and Local Responsibilities Title VI: Public Benefits Abuse Title VII: Strengthening Citizenship Title VIII: Immigration and Naturalization Service Immigration Reduction Act of 1994 - Title I: Immigrants and Refugees - Amends the Immigration and Nationality Act to revise immigration levels with respect to: (1) the worldwide level of backlogged family-sponsored immigrants; and (2) allocations for priority-worker immigrants. (Sec. 102) Limits the number of refugees who may be admitted to the United States for special humanitarian concerns. (Sec. 103) Authorizes the granting of asylum to aliens who will be threatened in their country based upon race, religion, nationality, or political opinion. Prohibits such persons from receiving any preference or priority or from being discriminated against in the granting or termination of asylum based on race, sex, religion, or nationality. (Sec. 104) Repeals the authority to grant temporary protected status to aliens. Prohibits an alien who is excludable or deportable from remaining in the United States or engaging in employment in the United States. (Sec. 105) Prohibits the Attorney General from paroling into the United States groups or classes of aliens. Prohibits such aliens from being authorized to work in the United States. Limits the number of such parolees. Title II: Border Control - Increases the number of full-time border patrol personnel in the Immigration and Naturalization Service (INS). Authorizes appropriations for FY 1995 through 1999. (Sec. 202) Imposes a land border and port of entry user fee on persons entering the United States. Title III: Interior Enforcement - Increases the number of full-time investigative personnel in INS. (Sec. 302) Restores the authority of immigration officers and employees to conduct searches without warrants. (Sec. 303) Authorizes the Secretary of Defense to make available to the Attorney General defense facilities suitable for the detention of aliens. (Sec. 304) Grants the United States Court of Appeals for the Federal Circuit exclusive jurisdiction over immigration cases. (Sec. 305) Imposes a penalty on aliens for unlawful presence in the United States. Authorizes the seizure of certain property of deportable aliens. (Sec. 308) Requires the Attorney General to inform an alien who is departing voluntarily of the date and time such departure must be accomplished. Title IV: Document Reform - Revises provisions concerning the examination of work eligibility documents of aliens, including social security cards and identification cards issued by INS. (Sec. 402) Requires the Secretary of Health and Human Services to modify the Social Security data base to provide for an electronic verification system of information on aliens. (Sec. 403) Directs the Secretary to establish a national electronic network linking the vital statistics records of State agencies. (Sec. 404) Requires aliens who have not lawfully immigrated to the United States to be employed to obtain a visa for nonimmigrant status that explicitly contemplates employment. Title V: State and Local Responsibilities - Makes a State or local government or agency that does not cooperate with Federal immigration authorities ineligible for any Federal funds or assistance relating to law enforcement, education, public health, transportation, or public works. (Sec. 502) Requires State law enforcement agencies to notify the appropriate INS district office of alien arrests. (Sec. 503) Requires confidentiality of immigration-related communications. (Sec. 504) Authorizes the Attorney General to deputize state law enforcement officers to assist Federal officers in the apprehension of aliens in violation of immigration laws. Title VI: Public Benefits Abuse - Prohibits the payment of: (1) direct Federal financial or social insurance benefits to illegal aliens; or (2) unemployment benefits to aliens without employment authorization. (Sec. 603) Revises the requirements for immigrant sponsors with respect to their financial responsibilities. Title VII: Strengthening Citizenship - Prohibits automatic citizenship to persons born in the United States of parents who are not citizens. (Sec. 702) Restricts the voting privilege to citizens of the United States. (Sec. 703) Increases from 50 years to 60 years the age for which elderly aliens are exempt from English language requirements for naturalization. Declares that the commission of a fraud upon the INS shall be conclusive evidence that an alien lacks good moral character for purposes of naturalization requirements. (Sec. 704) Authorizes a State to commence a civil suit against the head of a Federal agency for immigration law violations. Title VIII: Immigration and Naturalization Service - Establishes INS as an agency of the Federal government outside of the Department of Justice.

Bill· SS. 2346 (103rd)open

Public Health Improvement Act of 1994

United States · United States Congress · 1 August 1994

Public Health Improvement Act of 1994 - Title I: Programs Under Public Health Improvement Trust Fund - Subtitle A: Programs of Public Health Service Act - Amends the Public Health Service Act to establish a new title regarding public health programs. Establishes the Public Health Improvement Trust Fund to carry out public health programs. Directs the Secretary of Health and Human Services (Secretary) to establish the National Public Health Advisory Commission for advice on carrying out this title and on other Federal policies regarding public health. Authorizes appropriations from the Fund for FY 1995 through 2002 for the activities of the Commission. Authorizes appropriations from the Fund for FY 1995 through 2002 for formula grants to States for core functions of public health programs. Declares the purpose of such grants to provide improvements in the health status of the public through attaining the Healthy People 2000 Objectives. Authorizes appropriations from the Fund for FY 1995 through 2000 for grants to eligible entities for comprehensive evaluations of disease prevention and health promotion programs. Authorizes appropriations from the Fund for FY 1995 through 2002 for: (1) scholarship and loan repayment programs regarding service in approved public health positions; (2) grants to relevant institutions to expand educational capacities; and (3) grants to States lacking public health training programs. Authorizes appropriations from the Fund for FY 1995 through 1997 for grants to public and nonprofit private entities for regional poison control centers. Authorizes appropriations from the Fund for FY 1996 through 2002 for grants to eligible entities for the development and operation of school health service sites. Authorizes the Secretary to make loans and loan guarantees regarding such projects. Authorizes appropriations from the Fund for FY 1995 through 2002 for a scholarship program and loan repayment program for school nurses. Authorizes appropriations from the Fund for FY 1995 through 2000 for: (1) grants to migrant health centers and community health centers; and (2) grants to public or private health care providers for the development of qualified community health plans and qualified community practice networks. Authorizes the Secretary to make and guarantee loans for the capital costs of developing qualified community health groups. Authorizes appropriations from the Fund for FY 1996 through 2000 for grants with relevant entities for enabling services, such as transportation, community and patient outreach, patient education, and translation services. Authorizes appropriations from the Fund for FY 1995 through 2000 for: (1) the National Health Service Corps program and to increase the participation of nurses in scholarship and loan repayment programs; (2) grants to States to assist outpatient health centers (satellite clinics) that are providers of comprehensive health services; and (3) formula grants for the development and operation of community health advisor programs to assist States in attaining the Healthy People 2000 Objectives. Authorizes appropriations from the Fund for FY 1995 through 2000 for formula grants to States for service activities with respect to mental health and substance abuse. Authorizes the Secretary to make loans to entities for the capital costs incurred in the development of non-acute, residential treatment centers and community-based ambulatory clinics. Subtitle B: Comprehensive School Health Education - Authorizes appropriations from the Fund for FY 1995 through 2000 for planning and implementation grants for State education agencies and local educational agencies for programs of comprehensive school health education.

Bill· HRH.R. 4861 (103rd)referred

Employment Enhancement Reform Act

United States · United States Congress · 29 July 1994

TABLE OF CONTENTS: Title I: Consolidation of Federal Employment Assistance Programs Subtitle A: Block Grants to States Subtitle B: Consolidation and Repeal of Certain Federal Employment Assistance Programs Title II: Notice of Availability of Earned Income Credit Title III: Repeal of Temporary Futa Surtax Employment Enhancement Reform Act - Title I: Consolidation of Federal Employment Assistance Programs - Subtitle A: Block Grants to States - Establishes a block grant program to prepare individuals for employment by increasing their occupational and educational skills. Authorizes the Secretary of Labor to make such grants, for up to five-year periods subject to annual approval and availability of appropriations, to States to provide employment assistance to eligible individuals. Reserves funds for grants to Indian tribes and migrant and seasonal farm worker organizations. (Sec. 103) Allocates such grants to States on the basis of relative numbers of: (1) unemployed in areas of substantial unemployment; (2) excess unemployed; and (3) economically disadvantaged adults. (Sec. 104) Sets forth requirements for applications, use of grants, and conduct of State programs. Requires State programs to provide employment assistance to the following types of eligible individuals: (1) economically disadvantaged and 14 years or older; (2) certain types of dislocated workers; (3) individuals with disabilities; (4) Armed Forces members being separated under other than adverse conditions; (5) unemployed veterans; and (6) displaced homemakers. Requires States to: (1) profile and evaluate individuals to determine the employment assistance services to be provided; (2) notify individuals of other sources of supportive services; (3) provide appropriate employment assistance, within specified limits; (4) monitor rates of individuals successfully obtaining employment after separation from the program, according to specified criteria; and (5) establish one-stop-shop centers throughout the State for program information and profiling and evaluation. Authorizes certain discretionary activities under State programs. (Sec. 107) Directs the Secretary to make biennial determinations of State success in placing individuals in employment. Authorizes reduction or termination of payments when a State has not been successful, and reinstatement or increase of payments when a State implements appropriate modifications of its program. (Sec. 110) Authorizes appropriations. Subtitle B: Consolidation and Repeal of Certain Federal Employment Assistance Programs - Chapter 1: Consolidation of Programs - Amends the Stewart B. McKinney Homeless Assistance Act to eliminate community mental health services demonstration projects for homeless individuals who are chronically mentally ill. (Sec. 112) Amends the Rehabilitation Act of 1973 to add requirements for State collaborative programs of supported employment services for individuals with the most severe disabilities, special recreation activities and services, and projects with industry. Repeals other provisions for special project grants for supported employment programs, special recreational programs, projects with industry, and supported employment services for individuals with severe disabilities. Chapter 2: Repeal of Programs - Repeals Higher Education Act of 1965 provisions for special programs for students whose families are engaged in migrant and seasonal farmwork. (Sec. 122) Repeals: (1) the disabled veterans outreach program and the local veterans employment representative program under Federal law relating to veterans; and (2) the homeless veterans reintegration project under the Stewart B. McKinney Homeless Assistance Act. (Sec. 123) Repeals: (1) the Foster Grandparent and Senior Companion programs under the Domestic Volunteer Service Act; (2) employment and training program provisions under the Food Stamp Act of 1977 (but allowing college students who are parents responsible for care of a dependent child under age 6 to be eligible for the food stamp program); and (3) the older American community service employment program under the Older Americans Act of 1965. (Sec. 124) Repeals the Job Training Partnership Act, except those provisions relating to the Job Corps. Authorizes appropriations for the Job Corps. (Sec. 125) Repeals the Appalachian vocational and other educational facilities and operations program under the Appalachian Regional Development Act of 1965. (Sec. 126) Repeals certain provisions relating to rules for computing the targeted job credit under the Internal Revenue Code. (Sec. 127) Repeals the JOBS (job opportunities and basic skills training) program provisions for recipients of AFDC (aid to families with dependent children) under the Social Security Act. (Sec. 128) Repeals: (1) the Service Members Occupational Conversion and Training Act of 1992; (2) the Adult Education Act; (3) the Carl D. Perkins Vocational and Applied Technology Education Act; (4) the National Literacy Act of 1991; and (5) and the Indian Employment, Training and Related Services Demonstration Act of 1992. (Sec. 133) Repeals special programs relating to adult education for Indians, under the Indian Education Act of 1988. (Sec. 134) Repeals special Social Security Act provisions relating to Indian tribes and JOBS training programs. (Sec. 135) Repeals provisions for for the VISTA Literacy Corps under the Domestic Volunteer Service Act of 1973. (Sec. 136) Repeals: (1) the Wagner-Peyser Act (employment agencies); (2) the adult education for the homeless grants program and the job training for the homeless demonstration grants program under the Stewart B. McKinney Homeless Assistance Act; (3) the trade adjustment assistance for workers program under the Trade Act of 1974; (4) FY 1993 and 1994 authorizations of appropriations for certain grants, as well as certain technical assistance conditions, under the Homeownership and Opportunity through HOPE Act; and (5) the State legalization impact-assistance grants program under the Immigration Reform and Control Act of 1986. Subtitle C: Effective Dates - Sets forth effective dates. Title II: Notice of Availability of Earned Income Credit - Amends the Social Security Act and the Food Stamp Act of 1977 to require that notice of availability of the earned income tax credit be provided to applicants for and former recipients of AFDC, Medicaid, or food stamps. (Sec. 202) Amends the Omnibus Budget Reconciliation Act of 1990 to require printing of a notice of the availability of the earned income tax credit and the dependent care tax credit on W-4 forms for employee withholding exemptions. Title III: Repeal of Temporary FUTA Surtax - Repeals the temporary FUTA (Federal Unemployment Tax Act) surtax under the Internal Revenue Code.

Bill· HRH.R. 4848 (103rd)referred

People's Protection Crime Control Act of 1994

United States · United States Congress · 28 July 1994

TABLE OF CONTENTS: Title I: Public Safety and Policing Subtitle A: Cops on the Beat Subtitle B: Safe Schools Subtitle C: Criminal Street Gangs; Crimes Against Children; Parental Accountability Subtitle D: Punishment of Serious Juvenile Offenders Title II: State Prison Construction Grants Title III: Elimination of Delays in Carrying Out Sentences Subtitle A: Post Conviction Petitions: General Habeas Corpus Reform Subtitle B: Special Procedures for Collateral Proceeding in Capital Cases Subtitle C: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases Title IV: Two Strikes, You're Out Title V: Taking Prisoners Off the Streets Subtitle A: Expanding Prison Capacity Subtitle B: Restriction on Court Jurisdiction Subtitle C: Limitation of Prisoners' Rights Subtitle D: Prison Governance Title VI: Victims Rights Subtitle A: Generally Subtitle B: Admissibility of Evidence Subtitle C: Good Faith Exemption to the Exclusionary Rule Title VII: Protection of Women Subtitle A: Spouse Abuse and Stalking Subtitle B: Victims of Sexual Violence Subtitle C: Punishment of Sex Offenders Subtitle D: Rural Domestic Violence and Child Abuse Enforcement Title VIII: Criminal Aliens and Alien Smuggling Subtitle A: Deportation of Criminal Aliens Subtitle B: Prevention and Punishment of Alien Smuggling Title IX: Instant Check, Rural Drug Task Forces, and Enhanced Drug Penalties Subtitle A: Instant Check System for Handgun Purchases Subtitle B: Drug Trafficking in Rural Areas Subtitle C: Miscellaneous Title X: Miscellaneous Title XI: Penalties for Harassment or Obstruction of Lawful Hunting Title XII: Violent Crime Reduction Trust Fund People's Protection Crime Control Act of 1994 - Title I: Public Safety and Policing - Subtitle A: Cops on the Beat - Public Safety Partnership and Community Policing Act of 1994 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to authorize the Attorney General to make grants to units of State and local government, and to other public and private entities, to increase police presence, expand and improve cooperative efforts between law enforcement agencies (LEAs) and members of the community to address crime and disorder problems, and otherwise enhance public safety. Permits such grants to be used for programs, projects, and other activities to rehire law enforcement officers who have been laid off as a result of State and local budget reductions and to hire new, additional career law enforcement officers and former members of the armed forces as career law enforcement officers, for deployment in community-oriented policing. Sets forth provisions regarding: (1) additional authorized grant projects involving police and community interaction; (2) preferential consideration for certain grants; (3) technical assistance; (4) matching funds; (5) fund allocation; (6) the termination of grants for hiring officers; (7) application requirements; (8) review of applications by a designated State office; (9) grant renewal; (10) limits on use of funds; (11) performance evaluation; (12) revocation or suspension of funding; and (13) access by the Attorney General and Comptroller General to documents. Authorizes appropriations. Subtitle B: Safe Schools - Amends the Controlled Substances Act (CSA) to increase penalties for drug trafficking in or near schools. (Sec. 112) Authorizes: (1) a school district to elect to qualify as a Federal safe school district by decision of a local educational agency or by referendum of the voters in a school district served by such an agency; and (2) the Attorney General to make grants to local educational agencies or LEAs of Federal safe school districts to pay for enhanced school security measures. (Sec. 113) Increases penalties for violation of the Gun-Free School Zones Act. Subtitle C: Criminal Street Gangs; Crime Against Children; Parental Accountability - Amends the Federal criminal code to prohibit: (1) committing specified "predicate gang crimes" (including murder, assault, kidnapping, arson, and retaliating against a witness, victim, or informant) with intent to promote or further the activities of a criminal street gang or for the purpose of gaining entrance to, or maintaining or increasing position in, a gang; (2) participating in, or inducing any individual to participate in, a gang; (3) employing or inducing any individual to commit a predicate gang crime with such intent; or (4) using any communication facility in causing or facilitating the commission of such a crime with such intent. Sets penalties for violations. Authorizes the Attorney General and the Secretary of the Treasury to investigate such offenses. Directs the U.S. Sentencing Commission to amend the sentencing guidelines to increase the base offense level for any felony committed for the purpose of gaining entrance into, or maintaining or increasing position in, a gang. (Sec. 122) Amends: (1) the Federal criminal code to set penalties for drive-by shootings; (2) the Omnibus Act to include among drug control and system improvement grant funding objectives law enforcement and prevention programs relating to gangs or to youth who are involved or at risk of being involved in gangs; and (3) the CSA to increase penalties for drug trafficking in or near public housing. (Sec. 125) Amends the Federal criminal code to require the parent or legal guardians of a juvenile charged with any violation of Federal law to attend all court proceedings involving the juvenile (attendance provision), with exceptions. Makes the parents or legal guardians of a juvenile who has been convicted of a criminal offense under any Federal law liable to the United States for a civil penalty of not more than $10,000, with exceptions. Authorizes the court to decline to enforce the attendance provision if it would cause undue hardship or to impose such penalty if the court determines that the parents or legal guardians exercised reasonable care, supervision, and control of the juvenile and counseled the juvenile that criminal activity is unacceptable. Sets forth provisions regarding the amount of civil penalties. Permits a parent or legal guardian ordered to pay the penalty to petition the court to perform community service or attend and successfully complete parenting classes in lieu of such penalty. (Sec. 126) Provides for imposition of the death penalty for murder during the sexual exploitation of children. (Sec. 127) Increases penalties for sex offenses against victims below age 16. (Sec. 128) Sets penalties for international trafficking in child pornography. (Sec. 129) Requires: (1) the Attorney General to establish guidelines for State legislation that prohibits the production, distribution, receipt, or possession of materials depicting a person under age 18 engaging in sexually explicit conduct and that provides for a maximum imprisonment of at least one year and for the forfeiture of assets used in, or gained from, such offenses; and (2) each State to enact and maintain legislation complying with such guidelines in order to receive assistance under provisions of the Victims of Crime Act and the Child Abuse Prevention and Treatment Act. (Sec. 130) Provides for national registration of convicted child abusers. Requires the Attorney General to establish guidelines for State registration programs. Authorizes a State to permit qualified entities to obtain from an authorized State agency a nationwide background check on a provider. (Sec. 131) Increases penalties for: (1) assaults against children; (2) using minors in drug trafficking; (3) drug distribution to minors; and (4) using a minor in the commission of a Federal offense. (Sec. 132) Amends the CSA to set penalties for physical trainers or advisers who attempt to persuade or induce a person to possess or use anabolic steroids. (Sec. 133) Directs the Sentencing Commission to: (1) amend the sentencing guidelines to increase by at least four levels the base offense level for sexual abuse offenses; and (2) review the appropriateness and adequacy of existing offense characteristics and adjustments applicable to such offenses. (Sec. 134) Provides for interstate enforcement of child support orders. (Sec. 135) Amends the Social Security Act to require that procedures by which information regarding the amount of overdue child support owed by an absent parent residing in the State be made available to any consumer reporting agency (currently, at the request of such agency). Repeals a provision authorizing the State to impose a fee for furnishing the information. (Sec. 136) Makes certain crimes involving the use of persons below age 18 predicates to an offense under the Racketeer Influenced and Corrupt Organizations Act (RICO). (Sec. 139) Makes it a Federal offense to remove a child from, or to retain a child outside, the United States to obstruct the lawful exercise of parental rights. (Sec. 140) Authorizes appropriations to carry out State court programs regarding international parental child abduction. Subtitle D: Punishment of Serious Juvenile Offenders - Makes serious juvenile drug offenses Armed Career Criminal Act predicates. (Sec. 152) Provides for the prosecution as adults of violent juvenile offenders. (Sec. 153) Requires that juveniles found guilty of certain offenses be fingerprinted and photographed, with such fingerprints and photographs sent to the Federal Bureau of Investigation (FBI), Identification Division. Directs the court to transmit to such division information concerning the adjudication. Title II: State Prison Construction Grants - Authorizes the Attorney General to provide grants to States to build, expand, or operate space in correctional facilities in order to increase prison bed capacity. (Sec. 202) Sets forth formulas for the distribution of Federal funds in FY 1995 through 1999 based on the number of violent crimes reported by the States to the FBI. Allocates 25 percent of the total amount of funds appropriated under this title in each of FY 1996 through 1999 to States which make specified changes to State laws and regulations, such as inclusion of: (1) truth in sentencing laws which require persons convicted of violent crimes to serve not less than 85 percent of the sentence imposed; (2) mandatory prison sentences for persons convicted of the most serious violent crimes; (3) pretrial detention for those whose release can be shown to pose a danger to any other person or the community; and (4) the requirement that a juvenile who was age 13 or older on the date of the commission of a violent felony be prosecuted as an adult. (Sec. 203) Authorizes appropriations, subject to specified limitations. Title III: Elimination of Delays in Carrying Out Sentences - Subtitle A: Post Conviction Petitions: General Habeas Corpus Reform - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. (Sec. 302) Vests authority to issue certificates of probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. (Sec. 304) Permits the denial of a habeas corpus petition on the merits notwithstanding the failure of the applicant to exhaust State court remedies. (Sec. 305) Imposes a one-year period of limitation for filing for collateral relief by Federal prisoners. Subtitle B: Special Procedures for Collateral Proceedings in Capital Cases - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases, including provisions governing: (1) appointment of counsel; (2) stays of execution; (3) filing of a habeas corpus petition; (4) State unitary review procedures applicability; and (5) time limits for determining such a petition or a motion to correct a sentence. Subtitle C: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases - Amends the Omnibus Act to require the Director of the Bureau of Justice Assistance to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases. Title IV: Two Strikes, You're Out - Directs the court, in the case of a conviction for a Federal violent felony, to sentence the defendant to prison for life if the defendant has previously been convicted of one or more other violent felonies (and if a death results, subjects the defendant to the death penalty). Title V: Taking Prisoners Off the Streets - Subtitle A: Expanding Prison Capacity - Amends the Davis-Bacon Act to make provisions concerning the rate of wages for laborers and mechanics inapplicable to prison construction. Subtitle B: Restriction on Court Jurisdiction - Amends the Federal judicial code to deny the district court, in any action challenging the constitutionality of conditions of confinement in any correctional institution housing persons accused or convicted of a crime or juveniles adjudicated delinquent, jurisdiction to: (1) impose a ceiling on the population of any correctional institution or to require any adjustment of the release dates of inmates; or (2) prohibit the use of tents or prefabricated structures for housing inmates. Prohibits any consent decree in any such action from providing relief greater than the minimum required to bring the conditions of confinement into substantial compliance with the Constitution. Provides for modification of orders or decrees. Subtitle C: Limitation of Prisoners' Rights - Amends the Civil Rights of Institutionalized Persons Act to prohibit an adult who is convicted of a crime and confined in any correctional facility from bringing a civil action for deprivation of rights until available plain, speedy, and effective administrative remedies are exhausted. Specifies that such exhaustion of remedies may not be required unless the Attorney General has certified, or the court has determined, that such remedies are in substantial compliance with specified minimum acceptable standards (as under current law) or are otherwise fair and effective. Applies such standard to review and certification procedures under the Act. Directs the court, on its own motion or on motion of a party, to dismiss specified actions brought by an adult convicted of a crime and confined in any correctional facility if the court is satisfied that the action: (1) fails to state a claim upon which relief can be granted; or (2) is frivolous or malicious. Repeals a provision of such Act requiring that the minimum standards provide for an advisory role for employees and inmates of a correctional facility in the formulation, implementation, and operation of the system for resolution of inmate grievances. (Sec. 515) Amends the Federal judicial code to require the court to dismiss a case in a forma pauperis proceeding if the allegation of poverty is untrue or if the action fails to state a claim upon which relief may be granted or is frivolous or malicious, even if partial filing fees have been imposed by the court. Requires a prisoner in a correctional institution to include in a filed affidavit a statement of all assets such prisoner possesses. Directs the court to ask the correctional institution for information relating to the extent of the prisoner's assets and to require full or partial payment of filing fees according to the prisoner's ability to pay. Subtitle D: Prison Governance - Amends the Federal criminal code to authorize corporal punishment for the discipline of Federal prisoners convicted of crime who commit serious infractions of prison policy or rules regarding inmate behavior. (Sec. 522) Requires the Director of the Bureau of Prisons to develop and implement a Federal prison housing plan that provides three levels of prisoner housing quality, amenities, and privileges, as incentive awards directly related to the degree of prison-related work in which each inmate voluntarily participates. Title VI: Victims Rights - Subtitle A: Generally - Amends the Federal criminal code to require the Bureau of Prisons to provide 30 days' notice before the release of a prisoner to: (1) the judge, jury, attorneys, victims, and victims' family members in the case in which the prisoner was convicted; and (2) the local authorities in the place of conviction. (Sec. 602) Directs (current law authorizes) the court, when sentencing a defendant convicted of an offense under the Federal criminal code or under specified provisions of the Federal Aviation Act of 1958, to order that the defendant make restitution to any victim of the offense. Authorizes the court to further order restitution of any person who was harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant related to the offense. Directs the court to order restitution of the full amount of the victim's losses without consideration of: (1) the economic circumstances of the offender; or (2) the victim's compensation with respect to a loss from insurance or any other source. Sets forth provisions regarding: (1) the manner of and schedule for restitution; (2) circumstances in which there is more than one offender or more than one victim; (3) the effect of compensation from insurance or other sources; (4) setoffs; (5) compliance with a restitution order as a condition of probation, parole, or other form of release; (6) enforcement of a restitution order; and (7) procedures for issuing an order of restitution. (Sec. 603) Revises Federal Rule of Criminal Procedure: (1) 24(b) to entitle each side to six peremptory challenges (currently, six for the Government and ten for the defendant or defendants jointly); and (2) 32 to provide for a victim's right of allocution in sentencing for a crime of violence or sexual abuse. (Sec. 605) Sets penalties for retaliatory killings of witnesses, victims, and informants. Subtitle B: Admissibility of Evidence - Amends the Federal Rules of Evidence (FRE) to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. (Sec. 612) Revises FRE 412 (sex offense cases; relevance of victim's past behavior) to: (1) expand the scope of the rape shield law and to require that an order admitting evidence of a victim's past sexual behavior explain the finding of relevance and the basis of a finding that the probative value of the evidence outweighs the danger of unfair prejudice; and (2) make inadmissible evidence to show invitation or provocation by a victim in sexual abuse cases. Subtitle C: Good Faith Exemption to the Exclusionary Rule - Specifies that evidence shall not be excluded on the ground that a search or seizure was in violation of the Fourth Amendment to the Constitution if carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the Fourth Amendment. Makes the fact that evidence was obtained pursuant to and within the scope of a warrant prima facie evidence of the existence of such circumstances. Specifies that evidence shall not be excluded in a proceeding in a court of the United States on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless exclusion is expressly authorized by statute or by rule prescribed by the Supreme Court pursuant to statutory authority. Title VII: Protection of Women - Subtitle A: Spouse Abuse and Stalking - Amends the Federal criminal code to: (1) set penalties for interstate travel to commit spouse abuse or to violate a protective order; and (2) provide for full faith and credit of protective orders among the States. Subtitle B: Victims of Sexual Violence - Establishes a civil remedy for victims of sexual violence. (Sec. 712) Authorizes the restitution of victims of sex offenses. (Sec. 713) Provides for pretrial detention in sex offense cases. Subtitle C: Punishment of Sex Offenders - Provides for imposition of the death penalty for persons engaging in sexual abuse resulting in death. (Sec. 722) Increases penalties for recidivist sex offenses. (Sec. 723) Directs the Sentencing Commission to amend the sentencing guidelines to increase the base offense level for sex offenses. (Sec. 724) Provides for testing for human immunodeficiency virus for persons charged in sex offense cases and the disclosure of the test results to the victim. Directs the Sentencing Commission to amend existing guidelines for sentences for sex offenses where the offender knew or had reason to know that he was infected with such virus, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission of the virus to the victim. Subtitle D: Rural Domestic Violence and Child Abuse Enforcement - Authorizes the Attorney General to make grants to State and local governments and other public or private entities of rural States to: (1) implement, expand, and establish cooperative efforts and projects between law enforcement officers, prosecutors, victim advocacy groups, and other related parties to investigate and prosecute incidents of domestic violence and child abuse; (2) provide treatment and counseling to victims of domestic violence and child abuse; and (3) work in cooperation with the community to develop education and prevention strategies directed toward such issues. Authorizes appropriations. Title VIII: Criminal Aliens and Alien Smuggling - Subtitle A: Deportation of Criminal Aliens - Amends the Immigration and Nationality Act (INA) to permit an alien sentenced to imprisonment to be deported prior to the termination of such imprisonment if the Immigration and Naturalization Service (INS) petitions the appropriate court or other authority to release the alien into INS custody for execution of a deportation order. Prohibits the deportation until all direct appeals of the conviction have been exhausted. (Sec. 802) Authorizes the registration of aliens on criminal probation or criminal parole within the United States. (Sec. 803) Expands the definition of "aggravated felony" to include illicit trafficking in explosive materials and a crime of violence for which the term of imprisonment is at least five years. (Sec. 804) Amends the INA to authorize the Attorney General to issue a final order of deportation without an administrative hearing or administrative review for any alien who was not lawfully admitted for permanent residence, or who had permanent resident status on a conditional basis, and whom the Attorney General determines is deportable and has been convicted of an aggravated felony. Limits judicial review of such determinations. Provides that an alien convicted of an aggravated felony shall be conclusively presumed to be deportable. (Sec. 805) Grants a U.S. district court jurisdiction to enter a judicial order of deportation at the time of sentencing against an alien convicted of an aggravated felony, if such order has been requested prior to sentencing by the U.S. Attorney. (Sec. 806) Restricts defenses to exclusion and deportation for certain aliens convicted of aggravated felonies. (Sec. 807) Enhances penalties for failing to depart or for reentering after a final order of deportation. Limits collateral attacks on deportation orders. (Sec. 809) Authorizes appropriations for a criminal alien information system. Subtitle B: Prevention and Punishment of Alien Smuggling - Authorizes appropriations for Border Patrol agents and investigators. (Sec. 813) Includes alien smuggling as a predicate to an offense under RICO. (Sec. 814) Increases penalties for: (1) employers who knowingly employ smuggled aliens; and (2) bringing in and harboring certain aliens. (Sec. 816) Subjects any property which facilitates or which has been used for smuggling or harboring illegal aliens to forfeiture. (Sec. 817) Directs the Attorney General to enter into a contract which provides for compensation to a State or political subdivision with respect to the incarceration of an undocumented criminal alien who has been convicted of a felony. Specifies the method for determining compensation. Title IX: Instant Check, Rural Drug Task Forces, and Enhanced Drug Penalties - Subtitle A: Instant Check System for Handgun Purchases - Requires each State to establish and maintain an instant criminal check system for handgun purchases. Sets forth: (1) prohibitions on uses of such information; and (2) identification procedure requirements for licensed importers, manufacturers, and dealers once a State system becomes operational and specified notice requirements are met. Sets penalties for noncompliance. (Sec. 904) Requires each State to establish a system accessible by telephone that any licensee, law enforcement officer, or court may contact for criminal history information. (Sec. 905) Provides for the correction of erroneous system information as well as a private course of action after all administrative remedies are exhausted and records are not corrected. (Sec. 906) Directs the Attorney General to expedite: (1) the incorporation of the remaining State criminal history records into the Federal criminal records systems maintained by the FBI; and (2) the development of hardware and software systems to link State criminal history check systems into the National Crime Information Center. (Sec. 907) Sets forth provisions regarding: (1) access to State criminal records; and (2) funding for improvements in State records systems. (Sec. 910) Authorizes appropriations. Subtitle B: Drug Trafficking in Rural Areas - Amends the Omnibus Act to authorize appropriations and increase the base allocation for rural drug enforcement assistance. (Sec. 912) Directs the Attorney General to establish a Rural Crime and Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. Specifies that assets seized as a result of investigations initiated by such a task force shall be used primarily to enhance the operations of the task force and its participating State and local LEAs. (Sec. 913) Authorizes the Attorney General to cross-designate up to 100 law enforcement officers with jurisdiction to enforce CSA provisions on non-Federal lands and the Federal criminal code to the extent necessary to effect the purposes of this Act. Directs the Attorney General to ensure that each of the task forces are adequately staffed with investigators. (Sec. 914) Requires the Director of the Federal Law Enforcement Training Center to develop a specialized course for training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes. Authorizes appropriations and the hiring of additional Drug Enforcement Administration agents. Subtitle C: Miscellaneous - Enhances penalties for drug trafficking in prisons. (Sec. 922) Amends the CSA and the Controlled Substances Import and Export Act to reduce the amount of cocaine involved in an offense which is necessary to trigger specified penalties. Subjects a person convicted for the possession of a mixture or substance which contains cocaine (currently, cocaine base) to specified penalties. Directs the Sentencing Commission to promulgate necessary amendments to conform the sentencing guidelines to the amendments made by this section. Title X: Miscellaneous - Amends the Higher Education Act of 1965 to prohibit the award of Pell grants to any individual incarcerated in a Federal or State penal institution. (Sec. 1002) Makes a person who is incarcerated in a Federal or State penal institution ineligible for any professional or commercial license provided by any agency or authority of the United States. (Sec. 1003) Amends the Social Security Act to make certain limitations on, and requirements regarding, the payment of Old Age, Survivors, and Disability Insurance Benefits to prisoners applicable to individuals convicted of any criminal offense (currently, a felony). (Sec. 1004) Sets limitations on the use of veterans' educational assistance by prisoners. Makes such limits inapplicable with respect to any period during which a person is participating in a work-release program or is residing in a halfway house. Title XI: Penalties for Harassment or Obstruction of Lawful Hunting - Recreational Hunting Safety and Preservation Act of 1994 - Makes it unlawful to intentionally obstruct a lawful hunt on Federal lands. (Sec. 1105) Establishes: (1) civil penalties for such violations; (2) procedures for individual and Government agent complaints; and (3) permitted uses of collected penalty money. (Sec. 1106) Authorizes injunctive relief. Permits an affected individual or sportsman's organization to bring a civil action to recover actual and punitive damages and attorney's fees. (Sec. 1107) Specifies that: (1) this title is not intended to preempt a State law or local ordinance that provides for civil or criminal penalties for a person who obstructs or otherwise interferes with a lawful hunt; and (2) the bringing of an action pursuant to this title shall not prevent an independent action against a person under a State law or local ordinance. Title XII: Violent Crime Reduction Trust Fund - Directs the President, through the Office of Management and Budget (OMB), to ensure that the number of full-time equivalent positions in all Federal agencies does not exceed specified limits during FY 1994 through 1998. (Sec. 1203) Establishes within the Treasury a Violent Crime Reduction Trust Fund. Requires specified amounts saved from the reduction in Federal positions to be deposited in the Fund. (Sec. 1204) Requires the Director of OMB to reduce certain discretionary spending limits set forth in the Congressional Budget Act for FY 1994 through 1998 as specified.

Bill· HRH.R. 4841 (103rd)referred

Public Health Improvement Act of 1994

United States · United States Congress · 27 July 1994

TABLE OF CONTENTS: Title I: Programs Under Public Health Improvement Trust Fund Subtitle A: Programs of Public Health Service Act Subtitle B: Comprehensive School Health Education Title II: Amendments to Internal Revenue Code of 1986 Public Health Improvement Act of 1994 - Title I: Programs Under Public Health Improvement Trust Fund - Subtitle A: Programs of Public Health Service Act - Amends the Public Health Service Act to establish a new title regarding public health programs. Establishes the Public Health Improvement Trust Fund to carry out public health programs. Appropriates to such Fund revenues received by the disallowed deduction for certain advertising expenses for tobacco products or alcoholic beverages. Directs the Secretary of Health and Human Services (Secretary) to establish the National Public Health Advisory Commission for advice on carrying out this title and on other Federal policies regarding public health. Authorizes appropriations from the Fund for FY 1995 through 2002 for the activities of the Commission. Authorizes appropriations from the Fund for FY 1995 through 2002 for formula grants to States for core functions of public health programs. Declares the purpose of such grants to provide improvements in the health status of the public through attaining the Healthy People 2000 Objectives. Authorizes appropriations from the Fund for FY 1995 through 2000 for grants to eligible entities for comprehensive evaluations of disease prevention and health promotion programs. Authorizes appropriations from the Fund for FY 1995 through 2002 for: (1) scholarship loan repayment programs regarding service in approved public health positions; (2) grants to relevant institutions to expand educational capacities; and (3) grants to States lacking public health training programs. Authorizes appropriations from the Fund for FY 1995 through 1997 for grants to public and nonprofit private entities for regional poison control centers. Authorizes appropriations from the Fund for FY 1996 through 2002 for grants to eligible entities for the development and operation of school health service sites. Authorizes the Secretary to make loans and loan guarantees regarding such projects. Authorizes appropriations from the Fund for FY 1995 through 2002 for a scholarship program and loan repayment program for school nurses. Authorizes appropriations from the Fund for FY 1995 through 2000 for: (1) grants to migrant health centers and community health centers; and (2) grants to public or private health care providers for the development of qualified community health plans and qualified community practice networks. Authorizes the Secretary to make and guarantee loans for the capital costs of developing qualified community health groups. Authorizes appropriations from the Fund for FY 1996 through 2000 for grants with relevant entities for enabling services such as transporation, community and patient outreach, patient education, and translation services. Authorizes appropriations from the Fund for FY 1995 through 2000 for: (1) the National Health Service Corps program and to increase the participation of nurses in scholarship and loan repayment programs; (2) grants to States to assist outpatient health centers (satellite clinics) that are providers of comprehensive health services; and (3) formula grants for the development and operation of community health advisor programs to assist States in attaining the Health People 2000 Objectives. Authorizes appropriations from the Fund for FY 1995 through 2000 for formula grants to States for service activities with respect to mental health and substance abuse. Authorizes the Secretary to make loans to entities for the capital costs incurred in the development of non-acute, residential treatment centers and community-based ambulatory clinics. Subtitle B: Comprehensive School Health Education - Authorizes appropriations from the Fund for FY 1995 through 2000 for planning and implementation grants for State education agencies and local educational agencies for programs of comprehensive school health education. Title II: Amendments to Internal Revenue Code of 1986 - Amends the Internal Revenue Code to disallow the deduction for advertising expenses for tobacco products or alcoholic beverages.

Bill· HRH.R. 4844 (103rd)referred

For the relief of Gulnur Akbal Walmsley.

United States · United States Congress · 27 July 1994

Classifies a named individual as an immediate relative for purposes of approval of a relative visa petition filed under the Immigration and Nationality Act.

Bill· SS. 2307 (103rd)referred

To make technical corrections to the Foreign Relations Authorization Act for Fiscal Years 1994 and 1995 (P.L. 103-236).

United States · United States Congress · 21 July 1994

Makes technical corrections to the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995. Amends the Foreign Service Act of 1980 to exclude certain U.S. citizens hired at posts abroad who are not family members of U.S. Government employees from coverage under Foreign Service grievance provisions. Prohibits the sale or lease of defense articles or services by the U.S. Government to any country or international organization that is known to have sent letters to U.S. firms requesting compliance with, or soliciting information regarding compliance with, the secondary or tertiary (currently, primary or secondary) Arab League boycott unless the President certifies to the appropriate congressional committees that the country or organization does not currently maintain such a policy or practice. Amends the Immigration and Nationality Act to extend the pilot visa waiver program through FY 1995. Authorizes the Secretary of State to transfer a specified amount from the Department of State's Diplomatic and Consular Programs appropriation to appropriations available to the General Services Administration for the purchase of real property for use by the Department of State for its Miami Regional Center. Revives provisions of the United States Information and Educational Exchange Act of 1948 regarding Voice of America.

Bill· SS. 2296 (103rd)open

Health Security Act

United States · United States Congress · 19 July 1994

TABLE OF CONTENTS: Title I: Health Care Security Subtitle A: Universal Coverage and Individual Responsibility Subtitle B: Benefits Subtitle C: State Responsibilities Subtitle D: Consumer Purchasing Cooperatives Subtitle E: Employer Purchasers Subtitle F: Health Plans Subtitle G: Federal Responsibilities Subtitle H: Miscellaneous Employer Responsibilities Subtitle I: General Definitions; Miscellaneous Provisions Title II: Long-Term Care Title III: Public Health Initiatives Subtitle A: Workforce Priorities Under Federal Payments Subtitle B: Academic Health Centers Subtitle C: Health Research Initiatives Subtitle D: Core Functions of Public Health Programs; National Initiatives Regarding Preventive Health Subtitle E: Health Services for Medically Underserved Populations Subtitle F: Mental Health; Substance Abuse Subtitle G: Comprehensive School Health Education; School-Related Health Services Subtitle H: Public Health Service Initiative Subtitle I: Additional Provisions Regarding Public Health Subtitle J: Occupational Safety and Health Subtitle K: Full Funding for WIC Subtitle L: Border Health Improvement Title V (sic): Quality and Consumer Protection Subtitle A: Quality Management and Improvement Subtitle B: Information Systems, Privacy, and Administrative Simplification Subtitle C: Remedies and Enforcement Subtitle D: Medical Malpractice Subtitle E: Expanded Efforts to Combat Health Care Fraud and Abuse Subtitle F: Repeal of Exemption Title VI: Premium Caps; Premium-Based Financing; and Plan Payments Subtitle A: Premium Caps Subtitle B: Premium-Related Financings Subtitle C: Payments to Health Plans and Miscellaneous Provisions Title VIII (sic): Health and Health-Related Programs of the Federal Government Subtitle E (sic): Amendments to the Employee Retirement Income Security Act of 1974 Title IX: Aggregate Government Payments Subtitle B (sic): Aggregate Federal Payments to Participating State Subtitle C: Borrowing Authority to Cover Cash-Flow Shortfalls Title X: Workers Compensation Medical Services Title XI: Transitional Insurance Reform Health Security Act - Title I: Health Care Security - Subtitle A: Universal Coverage and Individual Responsibility - Entitles each eligible individual to: (1) the benefit provided under subtitle B through the applicable health plan in which the individual is enrolled; and (2) a health security card to be issued by the alliance or other entity that offers the applicable health plan in which the individual is enrolled. Entitles a Medicare-eligible individual to benefits under Medicare instead of the provisions of this Act. (Sec. 1002) Requires each eligible individual to enroll in an applicable health plan and pay any required premium. Prohibits disenrollment of an eligible individual until the individual is either enrolled in another plan or becomes Medicare-eligible. (Sec. 1003) States that nothing in this Act shall be construed as prohibiting: (1) an individual from purchasing any health services; (2) an individual from purchasing supplemental insurance; (3) an individual who is not an eligible individual from purchasing health insurance; or (4) employers from providing additional coverage. (Sec. 1004) Prescribes principles applicable to all health plans, including: (1) nondiscrimination based on medical history, pre- existing medical conditions, or genetic predisposition to medical conditions; (2) open enrollment periods; and (3) the provision of services as defined in the benefits package. (Sec. 1005) States that a community-rated health plan is the applicable plan for a family, unless a family member is eligible for an experienced-rated health plan. (Sec. 1006) Prohibits an ineligible alien from enrolling in a health plan under this Act. Subtitle B: Benefits - Includes the following terms and services in the comprehensive benefit package: (1) hospital services; (2) services of health professionals; (3) emergency and ambulatory medical and surgical services; (4) clinical preventive services; (5) mental illness and substance abuse services; (6) family planning services and services for pregnant women; (7) hospice care; (8) home health care; (9) extended care services; (10) ambulance services; (11) outpatient laboratory, radiology, and diagnostic services; (12) outpatient prescription drugs and biologicals; (13) outpatient rehabilitation services; (14) durable medical equipment and prosthetic and orthotic devices; (15) vision care; (16) hearing aids for children; (17) dental care; (18) investigational treatments; and (19) optional services. (Sec. 1131) Requires each health plan to offer to its enrollees only one of the following cost sharing schedules: (1) lower cost sharing; (2) higher cost sharing; or (3) combination cost sharing. Provides that the annual maximum out-of-pocket expenses for an individual in any of the plans shall be $2500 and for a family the annual maximum shall be $3000. (Sec. 1141) Excludes the following items and services: (1) an item or service that is not medically necessary or appropriate; (2) an item or service that the National Health Board may determine is not medically necessary or appropriate; (3) custodial care, except hospice care; (4) surgery performed solely for cosmetic purposes, unless required to correct a congenital anomaly or performed to correct a part of the body altered by either disease or accident; (5) hearing aids; (6) eyeglasses and contact lenses for individuals at least 18 years of age; (7) in vitro fertilization; (8) sex change surgery and related services; (9) private duty nursing; (10) personal comfort items, except in the case of hospice care; and (11) any dental procedures involving orthodontic care, inlays, gold or platinum fillings, bridges, crowns, pin-post retention, dental implants, surgical periodontal procedures, or the preparation of the mouth for the fitting or continued use of dentures, except as specified. (Sec. 1151) Gives the National Health Board the authority to promulgate such regulations or establish such guidelines as necessary to assure uniformity in the application of the comprehensive benefit package across all health plans. Permits the Board to expand the benefit package. (Sec. 1162) Permits a health professional or facility to refuse to provide a benefit if the professional or facility objects on the basis of a religious belief or moral conviction. (Sec. 1163) Requires facilities to promptly report incorrect test results to the provider who ordered the test. Subtitle C: State Responsibilities - Requires a State, in order to be approved as a participating State, to submit a document describing the State's health care system. (Sec. 1201) Sets forth general responsibilities for participating States. (Sec. 1207) Requires the establishment of a National Center of Consumer Advocacy to provide technical assistance, adequate training, and support to States and Offices of Consumer Advocacy in each State. (Sec. 1209) Requires a State to designate an agency to coordinate the delivery of medical and social services to children with special health care needs. (Sec. 1221) Permits a State, with the Board's approval, to operate a single-payer system if specified requirements are met. (Sec. 1281) Provides for reductions in cost sharing for certain low-income families enrolled in community-rated health plans. Subtitle D: Consumer Purchasing Cooperatives - Requires a State to certify consumer purchasing cooperatives to: (1) enter into agreements with health plans; (2) enter into agreements with community-rated employers; (3) enroll eligible individuals in health plans; (4) make payments to health plans on behalf of community-rated employers and eligible individuals; (5) provide for coordination with other cooperatives; (6) provide information on health plans; and (7) carry out other functions as provided in this title. (Sec. 1321) Provides for the Federal Employees Health Benefits Program (FEHBP) to serve as a consumer purchasing cooperative in each health care coverage area designated by a State. Subtitle E: Employer Purchasers - Sets forth the responsibilities of employer purchasers of health plans. (Sec. 1411) Directs the Secretary of Labor to develop and publish standards applicable to employer sponsored plans offered by large group purchasers. Subtitle F: Health Plans - Sets forth requirements for the certification of health plans by a State. (Sec. 1531) Sets forth requirements relating to essential community providers. Subtitle G: Federal Responsibilities - Establishes the National Health Board in the Executive Branch. (Sec. 1603) Sets forth the general duties and responsibilities of the Board, including an annual report to the President and the Congress. (Sec. 1611) Requires the Board to approve a State health care system if the system meets the applicable requirements of this Act. Prohibits approval of a State health care system prior to 1996. (Sec. 1621) Provides for the Federal assumption of responsibilities in the absence of a State system. (Sec. 1641) Directs the Board to develop a risk adjustment and reinsurance methodology. Sets forth guidelines for developing such methodology. (Sec. 1651) Directs the Board to establish minimum capital requirements for community-rated health plans. (Sec. 1660) Requires the Board to establish a national annual open enrollment period. (Sec. 1671) Sets forth the responsibilities of the Secretary of Health and Human Services. Directs the Secretary to administer and implement all provisions of this Act, except those duties delegated to the Board, any other executive agency, or to any State. (Sec. 1672) Directs the Secretary to undertake an interdisciplinary medical technology impact study to assess the overall effect on patient outcomes of medical technologies used in treating a list of target diseases and conditions. (Sec. 1681) Provides for the certification of essential community providers. Sets forth the categories of providers automatically certified. (Sec. 1687) Directs the Secretary to perform responsibilities with respect to the development of workplace wellness programs. (Sec. 1691) Sets forth the responsibilities of the Secretary of Labor in administering provisions of this Act and related Acts. (Sec. 1695) Provides for collective bargaining dispute resolution for the transition period to a restructured health care delivery system. Subtitle H: Miscellaneous Employer Responsibilities - Sets forth employer responsibilities including: (1) auditing of records; (2) prohibitions on discrimination based on family status; (3) evasion of obligations; (4) prohibitions on self-funding of cost sharing benefits; and (5) obligations to retirees. Subtitle I: General Definitions; Miscellaneous Provisions - Sets forth the definitions and rules used in this Act. (Sec. 1911) Grants the National Health Board, the Secretary of Health and Human Services, and the Secretary of Labor authority to issue regulations as necessary to permit the timely implementation of this Act. (Sec. 1917) Expresses the sense of the Senate Committee on Labor and Human Resources that when the Health Security Act is enacted it should include specified sources of financing not within the jurisdiction of the Committee. Expresses the sense of such Committee that when health reform legislation is enacted it should include the permanent extension of the research and development tax credit. (Sec. 1918) Expresses the sense of such Committee that provisions encouraging the establishment of medical savings accounts be included in any health reform bill passed by the Senate, in conjunction with a comprehensive benefit package described in subtitle B of this title. Title II: Long-Term Care - Establishes requirements for State programs for home and community-based services to individuals with disabilities. Requires a State to consult with individuals and groups of individuals with disabilities when developing the plan in order to have the plan approved. (Sec. 2103) Defines individuals with disabilities to mean any individual within one or more of the following four categories: (1) individuals requiring help with the activities of daily living; (2) individuals with severe cognitive or mental impairment; (3) individuals with severe or profound mental retardation; and (4) severely disabled children. (Sec. 2107) Directs the Secretary to establish an advisory group to advise on all aspects of such State programs. (Sec. 2111) Provides financial assistance to States to assist in developing and implementing, or expanding and enhancing, a family- centered, culturally competent, community-centered, comprehensive statewide system of extended services and benefits for children with special health care needs. (Sec. 2201) Long-Term Care Insurance Improvement and Accountability Act - Amends the Public Health Service Act to mandate the establishment of model Federal standards for long-term care insurance. (Sec. 2301) Life Care Act - Amends the Public Health Service Act to establish a voluntary long-term care insurance program for individuals 35 years of age and over to cover the nursing home stays of such individuals. (Sec. 2303) Expresses the sense of the Senate Committee on Labor and Human Services concerning the success of PACE (Program of All- inclusive Care for the Elderly) in providing integrated service delivery. Title III: Public Health Initiatives - Subtitle A: Workforce Priorities Under Federal Payments - Establishes within the Department of Health and Human Services the National Council on Graduate Medical Education. Directs the National Council to designate for each academic year the number of individuals nationwide who are authorized to be enrolled in each specified approved physician training program for each medical specialty. (Sec. 3031) Makes funds available for: (1) qualified entities for the operation of approved physician training programs; (2) eligible medical schools for the direct costs of academic programs; and (3) qualified academic health centers or teaching hospitals. (Sec. 3071) Directs the Secretary to carry out a program with respect to graduate nurse training programs that is equivalent to the program for approved physician training programs. Establishes a National Council on Graduate Nurse Education. (Sec. 3081) Authorizes appropriations to the Secretary of Health and Human Services for the following programs: (1) primary care physician and physician assistant training; (2) training of underrepresented minorities and disadvantaged persons; (3) expanding rural health career opportunities and retention efforts; and (4) nurse training. Directs the Secretary to establish a National Advisory Board on Health Care Workforce Development to make recommendations on health care worker matters. Amends the Public Health Service Act to authorize appropriations for grants to improve the training of health care workers in assisting the needs of mentally retarded individuals and others with developmental disabilities. (Sec. 3082) Authorizes appropriations to the Secretary of Labor for a retraining program, a demonstration program for advanced career positions, and a workforce adjustment program. Subtitle B: Academic Health Centers - Authorizes appropriations for grants for: (1) rural information and referral systems; and (2) community- and provider-based health plans to provide services of eligible centers to residents of rural or urban communities. Subtitle C: Health Research Initiatives - Amends the Public Health Service Act to ensure that the National Institutes of Health conducts and supports biomedical and behavioral research on promoting health and preventing diseases, disorders, and other health conditions. Provides for health services research. Authorizes appropriations for such research. Subtitle D: Core Functions of Public Health Programs; National Initiatives Regarding Preventive Health - Authorizes appropriations for the core functions of public health programs and national initiatives regarding health promotion and disease prevention. Subtitle E: Health Services for Medically Underserved Populations - Authorizes appropriations for: (1) grants and contracts for the development of qualified community health plans and networks; (2) loans and grants for the capital costs of developing qualified community health groups; and (3) grants and contracts for enabling and supplemental services. (Sec. 3471) Authorizes appropriations for: (1) the National Health Service Corps; and (2) such amounts as are necessary to ensure that a specified percentage of participants in the Scholarship Program or the Loan Repayment Program of the Corps are nurses. (Sec. 3481) Entitles a hospital with a low-income utilization rate to specified payments. (Sec. 3491) Expresses the sense of the Senate Committee on Labor and Human Resources on the appropriate recognition of the success of community and migrant health centers. Subtitle F: Mental Health; Substance Abuse - Authorizes appropriations for grants to States for the development and operation of comprehensive managed mental health and substance abuse programs that are integrated with the health delivery system established under this Act. Subtitle G: Comprehensive School Health Education; School- Related Health Services - Authorizes appropriations for: (1) the development and implementation of comprehensive age appropriate health education programs in public schools for children and youth kindergarten through grade 12; and (2) increase access to preventive and primary health care services for children and youth through school-based or school-linked health service sites. Subtitle H: Public Health Service Initiative - Specifies the initiatives under this Act to be funded through funds not otherwise appropriated. Subtitle I: Additional Provisions Regarding Public Health - Requires the Secretary to reserve allocated appropriations for curriculum development and implementation regarding domestic violence and women's health needs. Subtitle J: Occupational Safety and Health - Directs the Secretary of Health and Human Services and the Secretary of Labor to work together to develop and implement a comprehensive program to expand and coordinate initiatives to prevent occupational injuries and illnesses. Subtitle K: Full Funding for WIC - Amends the Child Nutrition Act of 1966 to authorize appropriations for the special supplemental food program. Subtitle L: Border Health Improvement - Authorizes the President to conclude an agreement with Mexico to establish a binational commission to be known as the United States-Mexico Border Health Commission. Title V (sic): Quality and Consumer Protection - Subtitle A: Quality Management and Improvement - Requires the National Health Board to establish and oversee a performance-based program of quality management and improvement designed to enhance the quality, appropriateness, and effectiveness of health care services and access to such services which will be called the National Quality Council. (Sec. 5002) Specifies the duties of such Council. Subtitle B: Information Systems, Privacy, and Administrative Simplification - Directs the National Health Board to develop standards under which health care providers and health plans collect information for a national health care data network. (Sec. 5135) Authorizes the Board to make grants for demonstration projects to promote the development and use of electronically integrated community-based clinical information systems and computerized patient medical records. (Sec. 5160) Health Care Privacy Protection Act - Amends Federal criminal law to prescribe penalties for the wrongful disclosure of protected health information and the misuse of health security cards. (Sec. 5163) Provides limitations on the disclosure of protected health information. (Sec. 5195) Requires the Board to publish standard benefit forms. Subtitle C: Remedies and Enforcement - Sets forth provisions with respect to the review of benefit determinations for enrolled individuals, including provisions: (1) regulating the time limits for notice of disposition of a claim; (2) governing a plan's duty to review claim denials; (3) concerning urgent requests for preauthorization; and (4) concerning other time limits with respect to time limits and notice. (Sec. 5202) Requires each State to establish a complaint review office to permit aggrieved individuals to file complaints. (Sec. 5205) Provides for a Federal Health Plan Review Board to review the decisions of complaint review office hearing officers. (Sec. 5206) Sets monetary penalties for a plan which unreasonably denies or delays payment or provision of benefits. (Sec. 5211) Directs each State to establish and maintain an Early Resolution Program in each complaint review office. Requires a program to include: (1) forums for mediation of disputes; and (2) other forums of alternative dispute resolution as may be prescribed. (Sec. 5231) Sets forth additional remedies and enforcement provisions. Subtitle D: Medical Malpractice - Requires States to adopt an alternative dispute resolution system mechanism under which the parties must participate prior to the commencement of a medical malpractice action. Subtitle E: Expanded Efforts to Combat Health Care Fraud and Abuse - Requires the Secretary of Health and Human Services and the Attorney General to establish a joint program for health care fraud and abuse control. (Sec. 5421) Amends Federal criminal law to impose penalties for health care fraud, theft or embezzlement in connection with health care, false statements relating to health care matters, and bribery and graft relating to health care. Subtitle F: Repeal of Exemption - Amends specified Acts to repeal the exemption for health insurance. Title VI: Premium Caps; Premium-Based Financing; and Plan Payments - Subtitle A: Premium Caps - Sets forth provisions which provide for the computation of factors that limit the growth of premiums for the comprehensive benefit package in community-rated health plans. (Sec. 6002) Directs the Board to determine: (1) a national per capita baseline premium target; and (2) the health care coverage area per capita premium target. (Sec. 6006) Directs the chair of the Board to establish an advisory commission on regional variations in health expenditures. Requires the commission to examine methods of eliminating variation in health care coverage area per capita premium targets due to variation in practice patterns. (Sec. 6011) Subjects each noncomplying community-rated health plan for a year to a reduction in plan payment as specified, in order to assure that payments to community-rated health plans are consistent. (Sec. 6021) Directs the Board to develop a methodology for calculating an annual per capita expenditure equivalent for amounts paid for coverage for the comprehensive benefit package within a large group purchaser. (Sec. 6031) Sets forth special rules for a single-payer State. (Sec. 6041) Directs the Secretary to establish a program to monitor prices and expenditures in the U.S. health care system. Subtitle B: Premium-Related Financings - Makes each family enrolled in a community-rated health plan or an experienced-rated health plan in a class of family enrollment responsible for payment of the family share of premium. Provides for income-related discounts and specified credits. (Sec. 6116) Exempts certain employers from coverage obligations. (Sec. 6121) Specifies premium payments for community-rated employers, including premium discounts. (Sec. 6131) Specifies premium payments for large group purchasers. Subtitle C: Payments to Health Plans and Miscellaneous Provisions - Makes States responsible for assisting health plans and cooperatives in the collection of premium payments. Sets forth other duties and responsibilities of States and health plans with respect to payments and other administrative matters. Title VIII (sic): Health and Health-Related Programs of the Federal Government - Subtitle E (sic): Amendments to the Employee Retirement Income Security Act of 1974 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to define group health plan. (Sec. 8402) Sets limitations on coverage of group health plans under title I (Protection of Employee Benefit Rights) of ERISA. Authorizes the Secretary of Labor to provide special rules for group health plan reporting and disclosure. Makes provisions relating to interference with protected rights and coercive interference applicable to enrollees in large group purchaser health plans. (Sec. 8403) Revises certain continuation coverage requirements (from COBRA - the Consolidated Omnibus Budget Reconciliation Act) under ERISA with respect to group health plans. Repeals ERISA provisions for continuation coverage under group health plans upon full implementation of universal coverage under this Act. Amends the Public Health Service Act with respect to period of coverage under a qualified health plan. Repeals such coverage provisions upon full implementation of universal coverage under this Act. (Sec. 8404) Ends certain ERISA provisions' applicability with respect to: (1) cases of adoption, to the extent otherwise provided in regulations of the National Health Board under this Act; and (2) coverage of pediatric vaccines under group health plans, upon the plan's becoming a large group purchaser health plan under this Act. (Sec. 8405) Requires group health plans covered by specified ERISA provisions to comply with the requirements of this Act for health plan claims procedures. (Sec. 8406) Exempts the Hawaii Prepaid Health care Act from certain ERISA preemption provisions, under specified conditions. Title IX: Aggregate Government Payments - Subtitle B (sic): Aggregate Federal Payments to Participating State - Directs the Secretary of Health and Human Services (HHS) to pay a capped Federal entitlement payment amount to each participating State in each calendar quarter. Sets forth formulas and rules for capped entitlement payments. Subtitle C: Borrowing Authority to Cover Cash-Flow Shortfalls - Directs the Secretary of HHS to make available loans to States to cover any period of temporary cash-flow shortfall attributable to an estimation discrepancy, an administrative error, or relative timing during the year in which amounts are received and payments are required to be made. (Sec. 9201) Requires each State to provide that any surplus of funds resulting from an estimation discrepancy, up to a reasonable amount specified by the Secretary of HHS, shall be held in a State contingency fund for any future shortfalls from such a discrepancy. Title X: Workers Compensation Medical Services - Makes specified provisions under this Act (HSA) relating to use of standard forms and health care information applicable to a health plan or health care provider's provision of workers compensation medical services. Requires plans and providers that render such services to: (1) provide relevant health care information necessary to assist the worker in the safe and timely return to work; and (2) comply with legal duties and reporting requirements under State workers compensation laws and other Federal and State laws, including those regarding reporting of occupational injuries and diseases. Directs the Secretary of Labor to promulgate rules to clarify such plan and provider information responsibilities. (Sec. 10001) Requires health plans to provide care in disputed workers compensation cases, until an adjudicated determination is made that the claim is compensable as workers compensation. Requires the workers compensation carrier (or the self-insured employer) to reimburse the health plan and the worker if such determination is made. (Sec. 10002) Directs the Secretaries of HHS and Labor to conduct demonstration projects in one or more States with respect to treatment of work-related injuries and illnesses. Requires project development of: (1) protocols for treatment of work-related conditions; and (2) model methods of workers compensation carriers capitated payment on a per case basis to health plans for treatment of specified work-related injuries and illnesses. (Sec. 10003) Establishes a Commission on Workers Compensation Medical Services. Directs the Commission to study the relationship of workers compensation medical services to the new health system under this Act in terms of impact on the cost of such services, access to appropriate care for injured workers, and quality of medical care and its impact on functional and vocational outcomes for injured workers, considering specified issues. Requires the Commission's final report to the President and specified congressional committees to include a recommendation as to whether a transfer of financial responsibility for some or all medical benefits to health plans should be effected, along with a detailed implementation plan if such transfer is recommended. Title XI: Transitional Insurance Reform - Sets forth transitional provisions concerning: (1) enforcement; (2) preservation of current coverage; (3) restrictions on premium increases during transition; (4)portability requirements; (5) restrictions limiting benefit reductions; and (6) the establishment of the National Transitional Health Insurance Risk Pool.

Bill· SS. 2281 (103rd)open

Housing Choice and Community Investment Act of 1994

United States · United States Congress · 13 July 1994

TABLE OF CONTENTS: Title I: Assistance for the Homeless Title II: Public and Indian Housing Subtitle A: Enhanced Flexibility for Public Housing Agencies Subtitle B: Severely Distressed Public Housing Program Subtitle C: Anti-Crime Initiatives Subtitle D: Authorizations and Extensions Subtitle E: Applicability Subtitle F: Termination of Certain Assisted Housing Programs Subtitle G: Midnight Basketball League Training and Partnership Subtitle H: Miscellaneous Provisions Title III: Homeownership Subtitle A: Expanded Single Family Homeownership Opportunities Subtitle B: Miscellaneous Provisions Subtitle C: Authorizations Title IV: Section 8 Rental Assistance Title V: Home Investment Partnerships Title VI: Multifamily and Supportive Housing Subtitle A: Preservation Subtitle B: Renewal of Expiring Section 8 Contracts Subtitle C: Other Section 8 Program Amendments Subtitle D: Supportive Housing Subtitle E: Miscellaneous Provisions Title VII: Community and Economic Development Title VIII: Nonjudicial Foreclosure of Defaulted Single Family Mortgages Title IX: Rural Housing Title X: Regulatory and Miscellaneous Programs Housing Choice and Community Investment Act of 1994 - Title I: Assistance for the Homeless - Stewart B. McKinney Homeless Housing Assistance Reorganization Act of 1994 - Replaces specified homeless assistance programs with a program of grants for comprehensive assistance for homeless individuals and families. Authorizes appropriations. Title II: Public and Indian Housing - Subtitle A: Enhanced Flexibility for Public Housing Agencies - Amends the United States Housing Act of 1937 to authorize the Secretary of Housing and Urban Development to make public housing direct loans. Authorizes appropriations. (Sec. 202) Authorizes the use of modernization funds for replacement housing. (Sec. 205) Amends the Housing and Urban-Rural Recovery Act of 1983 to permit homeless families with children to use early childhood development program services. Authorizes appropriations. (Sec. 206) Authorizes an entrepreneurial public housing agency (PHA) and resident management corporation (RMC) demonstration program. (Sec. 209) Amends the United States Housing Act of 1937 to authorize the sale of public housing to nonprofit organizations to facilitate resident homeownership. Subtitle B: Severely Distressed Public Housing Program - Amends the United States Housing Act of 1937 to revise the severely distressed housing program, including grant level increases. Subtitle C: Anti-Crime Initiatives - Amends the Public and Assisted Housing Drug Elimination Act of 1990 to establish a community partnerships against crime program of grants to PHAs and owners of federally assisted low-income housing, entitled the Community Partnerships Against Crime Act of 1994. Authorizes appropriations. (Sec. 223) Directs law enforcement entities to make criminal records available to requesting PHAs for screening and eviction purposes. Subtitle D: Authorizations and Extensions - Amends the United States Housing Act of 1937 to increase budget authority for specified public and Indian housing programs. (Sec. 232) Authorizes appropriations for: (1) public housing operating subsidies; (2) the family self-sufficiency program; (3) family investment and economic opportunity centers; (4) the resident management and tenant opportunity program; and (5) the Indian housing loan guarantee program. Subtitle E: Applicability - Applies specified public housing provisions to Indian housing. Subtitle F: Termination of Certain Assisted Housing Programs - Terminates specified public and Indian housing programs. Subtitle G: Midnight Basketball League Training and Partnership - Midnight Basketball League Training and Partnership Act - Amends the Cranston-Gonzalez National Affordable Housing Act to provide grants for midnight basketball league training and partnership programs. Authorizes appropriations. Subtitle H: Miscellaneous Provisions - Provides for the deregulation of public housing agencies. Title III: Homeownership - Subtitle A: Expanded Single Family Homeownership Opportunities - Amends the National Housing Act to revise: (1) single family mortgage limits; and (2) refinancing procedures for qualifying Department of Housing and Urban Development (HUD)-held mortgages. (Sec. 303) Authorizes innovative affordable housing demonstration programs through the use of alternative financing instruments. Authorizes appropriations. (Sec. 304) Establishes a single family risk-sharing mortgage insurance program. Subtitle B: Miscellaneous Provisions - Amends the Cranston-Gonzalez National Affordable Housing Act to revise the national homeownership fund demonstration and to cite such provisions as the " National Homeownership Fund Demonstration Act". Authorizes appropriations. (Sec. 313) Amends the Housing and Community Development Act of 1992 to expand the energy efficient mortgages pilot program. Subtitle C: Authorizations - Amends the Federal National Mortgage Association Charter Act to authorize an aggregate amount of guaranteed loan principal under the mortgage-backed security program. (Sec. 322) Amends the National Housing Act to authorize an aggregate amount of Federal Housing Administration (FHA) mortgage insurance. (Sec. 323) Amends the Cranston-Gonzalez National Affordable Housing Act to authorize appropriations for the HOPE programs. (Sec. 324) Amends the National Housing Act to extend the home equity conversion mortgage program. Title IV: Section 8 Rental Assistance - Amends the United States Housing Act of 1937 to merge the section 8 public housing certificate and voucher programs into a single revised certificate program. (Sec. 403) Increases budget authority for family unification assistance. Title V: Home Investment Partnerships - Amends the Cranston-Gonzalez National Affordable Housing Act to authorize HOME program loan guarantees. Authorizes appropriations. Title VI: Multifamily and Supportive Housing - Subtitle A: Preservation - Amends the Housing and Community Development Act of 1987 to authorize appropriations for low-income housing preservation. Subtitle B: Renewal of Expiring Section 8 Contracts - Amends the United States Housing Act of 1937 to authorize the Secretary to enter into new section 8 construction and rehabilitation contracts. (Sec. 614) Directs the Secretary to provide assistance to tenants in units with expiring contracts. Authorizes appropriations for activities under this subtitle. Subtitle C: Other Section 8 Program Amendments - Amends the United States Housing Act of 1937 to provide incentives for multifamily mortgage refinancing. (Sec. 633) Authorizes civil penalties for violation of section 8 housing assistance payment contracts. Subtitle D: Supportive Housing - Authorizes appropriations for supportive housing service coordinators. (Sec. 643) Amends the Housing and Community Development Act of 1992 to authorize appropriations for: (1) supportive housing for the elderly; and (2) supportive housing for persons with disabilities. (Sec. 645) Amends the Cranston-Gonzalez National Affordable Housing Act to authorize appropriations for persons with AIDS. Subtitle E: Miscellaneous Provisions - Amends the Housing and Community Development Amendments of 1978 to authorize appropriations for the flexible subsidy program. (Sec. 653) Extends the multifamily mortgage credit demonstration program. (Sec. 655) Amends the National Housing Act to authorize civil penalties against general partners and certain managing agents of multifamily housing projects. (Sec. 658) Authorizes appropriations for the general insurance fund and the special risk insurance fund. (Sec. 659) Increases FHA mortgage insurance limits for multifamily housing in high cost areas. Title VII: Community and Economic Development - Amends the Housing and Community Development Act of 1974 to authorize the Secretary to make grants to stimulate economic development in specified investment areas (LIFT program). Authorizes appropriations. (Sec. 702) Authorizes, and authorizes appropriations for, a colonias assistance program. (Sec. 703) Amends the Cranston-Gonzalez National Affordable Housing Act to extend the colonias community development block grant (CDBG) set-aside. (Sec. 704) Amends the Housing and Community Development Act of 1974 to authorize CDBG appropriations. (Sec. 707) Amends the HUD Demonstration Act of 1993 to authorize appropriations for the community viability fund. (Sec. 708) Amends the Housing and Community Development Act of 1992 to authorize appropriations for: (1) the community investment corporation demonstration program; and (2) the national cities in schools program. (Sec. 710) Authorizes appropriations for water and wastewater projects for cities with special needs (defined to include minority communities with special needs). (Sec. 711) Amends the Housing and Community Development Act of 1974 to temporarily prohibit recapture or reduction of UDAG funds. Title VIII: Nonjudicial Foreclosure of Defaulted Single Family Mortgages - Single Family Mortgage Foreclosure Act of 1994 - Authorizes the Secretary to foreclose defaulted single family mortgages. Title IX: Rural Housing - Amends the Housing Act of 1949 to authorize appropriations for specified rural housing and related programs. (Sec. 902) States that Indian tribes and entities are eligible for rural housing assistance. (Sec. 903) Authorizes the Secretary of Agriculture to establish a Treasury escrow fund for rural housing loan payments. (Sec. 905) Extends set-aside authority for targeted rural areas and colonias (and increases colonia set-sides). (Sec. 906) Amends the rural housing for the elderly or handicapped program to: (1) reduce maximum loan periods; and (2) extend nonprofit entity set-asides. (Sec. 907) Permits migrant farmworker project rental assistance to be used for operating expenses. (Sec. 908) Makes manufactured home parks eligible for building site loans for cooperatives. (Sec. 911) Directs the Secretary of Agriculture to establish a rural housing capacity demonstration program for Native Americans and Alaskan Natives. Title X: Regulatory and Miscellaneous Programs - Amends the Residential Lead-Based Paint Hazard Reduction Act of 1992 to authorize appropriations, including specified set-asides, for lead-based paint reduction activities. (Sec. 1005) Amends the Housing and Urban Development Act of 1970 to authorize appropriations for HUD research and development. (Sec. 1007) Amends the Housing and Community Development Act of 1987 to authorize appropriations for the fair housing initiatives program. (Sec. 1008) Amends the Home Mortgage Disclosure Act of 1975 to authorize civil money penalties for reporting violations by nonsupervised lending institutions. (Sec. 1009) Amends the Cranston-Gonzalez National Affordable Housing Act to authorize appropriations for the Youthbuild program. (Sec. 1010) Amends the Neighborhood Reinvestment Corporation Act to authorize appropriations for the Neighborhood Reinvestment Corporation. (Sec. 1011) Amends the Department of Housing and Urban Development Act to authorize appropriations for HUD salaries and expenses. (Sec. 1013) Amends the National Housing Act to authorize civil money penalties for improper participation in the origination of title I (housing renovation and modernization) loans. (Sec. 1014) Cancels specified public facilities loan indebtedness of Lockport Township, Illinois. (Sec. 1015) Establishes the National Commission on the Future of the Federal Housing Administration. Sets aside Commission funding. Terminates the Commission 12 months after appointment of all its members.

Bill· HRH.R. 4690 (103rd)open

Rural Health Care Improvement Act of 1994

United States · United States Congress · 30 June 1994

TABLE OF CONTENTS: Title I: Grants to Encourage Establishment of Community Rural Health Networks Title II: Incentives For Health Professionals to Practice in Rural Areas Subtitle A: National Health Service Corps Program Subtitle B: Incentives Under Other Programs Title III: Assistance for Institutional Providers Subtitle A: Emergency Medical Systems Subtitle B: Assistance to Rural Providers Under Medicare Subtitle D: Demonstration Projects to Encourage Primary Care and Rural-Based Graduate Medical Education Title IV: Hospital Antitrust Fairness Rural Health Care Improvement Act of 1994 - Title I: Grant to Encourage Establishment of Community Rural Health Networks - Directs the Secretary of Health and Human Services to make grants to an eligible State for the development of plans to increase access to health care services for residents of areas in the State designated as chronically underserved areas. Provides for technical assistance for entities establishing or enhancing a community rural health network in an underserved rural area. Provides financial assistance to entities to provide for the development and implementation of community rural health networks. Authorizes appropriations. Title II: Incentives for Health Professionals to Practice in Rural Areas - Subtitle A: National Health Service Corps Program - Amends the Internal Revenue Code to exclude National Health Service Corps Loan Repayments from gross income. (Sec. 202) Amends the Public Health Service Act to take into consideration, when designating an area as a health professional shortage area, the number of individuals in the area paying through Medicare or Medicaid, the number of individuals who are uninsured, and the number of physicians who will accept additional Medicare and Medicaid patients. (Sec. 203) Increases the authorization of appropriations for the National Health Service Corps Scholarship and Loan Repayment Programs. Subtitle B: Incentives Under Other Programs - Amends title XVIII (Medicare) of the Social Security Act and the Higher Education Act of 1965 to provide incentives under those Acts to physicians informer shortage areas and to primary care physicians, in addition to those provided in Subtitle A. Directs the Secretary to develop and publish a model law for adoption by States to increase the access of individuals residing in underserved rural areas to health care services by expanding the services which non-physician health care professionals may provide in such areas. Title III: Assistance for Institutional Providers - Subtitle A: Community and Migrant Health Centers - Extends and increases the authorizations of appropriations for migrant health centers and community health centers. Subtitle A: Emergency Medical Systems - Revises title XII (Trauma Care) of the Public Health Service Act. Renames such title Emergency Health Services. Directs the Secretary to establish the Office of Emergency Medical Services to: conduct and support research and demonstration projects; (2) foster development of appropriate modern systems of services; (3) assist States; and (4) coordinate and sponsor related activities. Requires that activities meet the unique needs of underserved innercity and rural areas. Authorizes grants to States in order to improve the availability and quality of emergency medical services through the operation of State offices of emergency medical services. Authorizes appropriations for emergency medical services and trauma care. (Sec. 312) Directs the Secretary to make grants to assist States in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas with access to treatments for injuries resulting from such emergencies. Authorizes appropriations. Subtitle B: Assistance to Rural Providers Under Medicare - Amends title XVIII (Medicare) of the Social Security Act to: (1) increase by two the number of States eligible to participate in the essential access community hospital program; and (2) make other revisions concerning such program, including permitting the participation of hospitals in urban areas and the participation of hospitals in States adjoining participating States. Extends, by three years, the deadline for the development of prospective payment systems for both inpatient and outpatient rural primary care hospital services. (Sec. 331) Defines a rural emergency access care hospital and rural emergency access care hospital services for purposes of title XVIII. Provides for the coverage of such services under part B (Supplementary Medical Insurance) of title XVIII. Subtitle D: Demonstration Projects to Encourage Primary Care and Rural-Based Graduate Medical Education - Directs the Secretary to establish and conduct a demonstration project to increase the number and percentage of medical students entering nonprimary care practice. Authorizes appropriations. Title IV: Hospital Antitrust Fairness - Exempts the merger or attempted merger of hospitals from the application of the antitrust laws; if specified conditions are met, including that: (1)a hospital be located outside of a city or in a city of less than 150,000; and (2) consumer costs would not increase and access would not be reduced if there was a merger.

Bill· HRH.R. 4707 (103rd)open

To amend the Immigration and Nationality Act to make permanent the visa waiver program and to authorize, under certain conditions, the designation of certain member states of the European Union as visa waiver program countries.

United States · United States Congress · 30 June 1994

Amends the Immigration and Nationality Act to: (1) make the visa waiver program permanent; and (2) authorize the designation of a qualifying European Union nation as a visa waiver program country.

Bill· HRH.R. 4657 (103rd)referred

To eliminate certain welfare benefits with respect to fugitive felons and probation and parole violators, and to facilitate sharing of information with police officers.

United States · United States Congress · 27 June 1994

Amends title XIX (Medicaid), part A (Aid to Families with Dependent Children) (AFDC) of title IV, and title XVI (Supplemental Security Income for the Aged, Blind, and Disabled) (SSI) of the Social Security Act (SSA), as well as the Food Stamp Act of 1977 and the United States Housing Act of 1937 to eliminate specified benefits with respect to fugitive felons and probation and parole violators. Provides for exchange of information concerning such individuals with Federal, State, and local law enforcement agencies. Amends the same SSA titles and Acts to require the appropriate agencies to furnish the Immigration and Naturalization Service with the names and addresses of, and other identifying information on, any individual known to be an illegal alien. Amends AFDC provisions to require termination of benefits for dependent children absent from the home for specified periods of time, with allowance for good cause exceptions.

Bill· SS. 2237 (103rd)referred

Alien Smuggling Act of 1994

United States · United States Congress · 23 June 1994

Alien Smuggling Act of 1994 - Amends the Immigration and Nationality Act to increase criminal penalties for alien smuggling.

Law· HRH.R. 4603 (103rd)enacted

Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1995

United States · United States Congress · 21 June 1994

TABLE OF CONTENTS: Title I: Department of Justice and Related Agencies Title II: Department of Commerce Title III: The Judiciary Title IV: Related Agencies Title V: Department of State and Related Agencies Title VI: General Provisions Title VII: Fiscal Year 1994 Supplemental Appropriations Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1995 - Title I: Department of Justice and Related Agencies - Department of Justice and Related Agencies Appropriations Act, 1995 - Makes FY 1995 appropriations to the Department of Justice. (Sec. 103) Prohibits the use of funds to require any person to perform, or facilitate the performance of, any abortion. Makes appropriations for the following related agencies for FY 1995: (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 - Makes FY 1995 appropriations to the Department of Commerce and related agencies. Title III: The Judiciary - Judiciary Appropriations Act, 1995 - Appropriates FY 1995 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; and (7) the U.S. Sentencing Commission. Title IV: Related Agencies - Appropriates FY 1995 funds for: (1) the Maritime Administration of the Department of Transportation; (2) the Commission on Immigration Reform; (3) the Commission on Security and Cooperation in Europe; (4) the Competitiveness Policy Council; (5) the Marine Mammal Commission; (6) the Martin Luther King, Jr. Federal Holiday Commission; (7) the Office of the United States Trade Representative; (8) the Small Business Administration; and (9) the Legal Services Corporation. Title V: Department of State and Related Agencies - Department of State and Related Agencies Appropriations Act, 1995 - Appropriates FY 1995 funds for the Department of State. Appropriates FY 1995 funds for: (1) the Arms Control and Disarmament Agency; (2) the Commission for the Preservation of America's Heritage Abroad; (3) the International Trade Commission; (4) the Japan-United States Friendship Commission; and (5) the United States Information Agency. Title VI: General Provisions - Sets forth limitations and prohibitions on the use of funds appropriated by this Act. (Sec. 606) Prohibits the use of funds for the construction, repair, overhaul, conversion, or modernization of vessels for the National Oceanic and Atmospheric Administration (NOAA) in shipyards located outside of the United States. Prohibits such activities on aircraft for NOAA in facilities located outside the United States and Canada. Title VII: Fiscal Year 1994 Supplemental Appropriations - Makes emergency supplemental appropriations to the Small Business Administration and the Department of Transportation. Makes supplemental appropriations to the Department of State.

Bill· SS. 2211 (103rd)open

Omnibus National Defense Authorization Act for Fiscal Year 1995

United States · United States Congress · 20 June 1994

TABLE OF CONTENTS: Division A: Department of Defense Authorizations Title I: Procurement Subtitle A: Authorization of Appropriations Subtitle B: Army Programs Subtitle C: Navy Programs Subtitle D: Air Force Programs Subtitle E: Other Matters Title II: Research, Development, Test, and Evaluation Subtitle A: Authorization of Appropriations Subtitle B: Program Requirements, Restrictions, and Limitations Subtitle C: Missile Defense Programs Subtitle D: Defense Conversion, Reinvestment, and Transition Assistance Matters Subtitle E: Other Matters Title III: Operation and Maintenance Subtitle A: Authorization of Appropriations Subtitle B: Defense Business Operations Fund Subtitle C: Environmental Matters Subtitle D: Matters Relating to Department of Defense Civilian Employees Subtitle E: Other Matters Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: Military Training Student Loads Subtitle D: Authorization of Appropriations Subtitle E: Other Matters Title V: Military Personnel Policy Subtitle A: Officer Personnel Policy Subtitle B: Reserve Component Matters Subtitle C: Other Matters Title VI: Compensation and Other Personnel Benefits Subtitle A: Pay and Allowances Subtitle B: Bonuses and Special and Incentive Pays Subtitle C: Travel and Transportation Allowances Subtitle D: Retired Pay and Survivor Benefits Subtitle E: Defense Conversion, Reinvestment, and Transition Assistance Matters Subtitle F: Other Matters Title VII: Health Care Provisions Title VIII: Acquisition Policy, Acquisition Management, and Related Matters Subtitle A: Use of Merit Based Selection Procedures Subtitle B: Acquisition Assistance Programs Subtitle C: Other Matters Title IX: Department of Defense Organization and Management Subtitle A: Secretarial Matters Subtitle B: Commission on Roles and Missions of the Armed Forces Subtitle C: Other Matters Title X: General Provisions Subtitle A: Financial Matters Subtitle B: Matters Relating to Allies and Other Nations Subtitle C: Nonproliferation and Counterproliferation of Weapon Systems and Related Systems Subtitle D: Peace Operations Subtitle E: Reporting Requirements Subtitle F: Acceptance of Prerelease Services of Nonviolent Offenders Subtitle G: Other Matters Division B: Military Construction Authorization Title XXI(sic): Army Title XXII: Navy Title XXIII: Air Force Title XXIV: Defense Agencies Title XXV: North Atlantic Treaty Organization Infrastructure Title XXVI: Guard and Reserve Forces Facilities Title XXVII: Expiration of Authorizations Title XXVIII: General Provisions Subtitle A: Military Construction Program and Military Family Housing Changes Subtitle B: Base Closure Matters Subtitle C: Land Transactions Generally Subtitle D: Changes to Existing Land Transaction Authority Subtitle E: Other Matters Division C: Department of Energy National Security Authorizations and Other Authorizations Title XXXI(sic): Department of Energy National Security Programs Subtitle A: National Security Programs Authorizations Subtitle B: Recurring General Provisions Subtitle C: Program Authorizations, Restrictions, and Limitations Subtitle D: Other Matters Title XXXII: Defense Nuclear Facilities Safety Board Authorization Title XXXIII: National Defense Stockpile Title XXXIV: Civil Defense Title XXXV: Panama Canal Commission Division D: Federal Acquisition Streamlining Title XLI(sic): Contract Formation Subtitle A: Competition Statutes Subtitle B: Truth in Negotiations Subtitle C: Research and Development Subtitle D: Procurement Protests Subtitle E: Definitions and Other Matters Title XLII: Contract Administration Subtitle A: Contract Payment Subtitle B: Cost Principles Subtitle C: Audit and Access to Records Subtitle D: Cost Accounting Standards Subtitle E: Administration of Contract Provisions Relating to Price, Delivery, and Product Quality Subtitle F: Claims and Disputes Title XLIII: Service Specific and Major Systems Statutes Subtitle A: Major Systems Statutes Subtitle B: Testing Statutes Subtitle C: Service Specific Laws Subtitle D: Department of Defense Commercial and Industrial Activities Subtitle E-Fuel- and Energy-Related Laws Subtitle F: Fiscal Statutes Subtitle G: Miscellaneous Title XLIV: Simplified Acquisition Threshold and Socioeconomic, Small Business, and Miscellaneous Laws Subtitle A: Simplified Acquisition Threshold Subtitle B: Socioeconomic and Small Business Laws Subtitle C: Miscellaneous Acquisition Laws Title XLV: Acquisition Management Subtitle A: Armed Services Acquisitions Subtitle B: Civil Agency Acquisitions Subtitle C: Miscellaneous Title XLVI: Standards of Conduct Subtitle A: Ethics Provisions Subtitle B: Additional Amendments Subtitle C: Whistleblower Protection Title XLVII: Defense Trade and Cooperation Title XLVIII: Commercial Items Title XLIX: Miscellaneous Provisions Title L: Effective Dates and Implementation Title LI: Waiver of the Application of the Prevailing Wage-Setting Requirements to Volunteers Omnibus National Defense Authorization Act for Fiscal Year 1995 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1995 for procurement for the Army, Navy and Marine Corps, and Air Force. Authorizes appropriations for FY 1995 for: (1) defense-wide procurement; (2) the National Guard and reserve components of the armed forces; and (3) the chemical demilitarization program. Authorizes the Department of Defense (DOD) to obligate and expend specified prior-year authorized but unobligated defense research and development (R&D) funds for such program. Subtitle B: Army Programs - Authorizes the Secretary of the Army to enter into multiyear procurement contracts for procurement of the M1A2 Abrams tank upgrades. (Sec. 112) Directs the Secretary of the Army to transfer one M1A1 common tank to the Marine Corps Reserve by a conditional date. (Sec. 113) Allows certain funds available to the Army to be used for a replacement surveillance system for the OV-1 aircraft deployed in Korea. (Sec. 114) Earmarks Army procurement funds authorized under this Act for the procurement of specified small arms. Authorizes the Secretary of the Army to enter into multiyear contracts during FY 1995 for the Army's acquisition of small arms weapons. Directs the Secretaries of the military departments to jointly develop a master plan for meeting the immediate and future military needs for small arms. Earmarks funds for the objective Crew-Served Weapons System and for improvements to existing small arms weapons. Subtitle C: Navy Programs - Transfers $1.2 billion from the National Defense Sealift Fund for the CVN-76 nuclear aircraft carrier program. Subtitle D: Air Force Programs - Authorizes the Secretary of the Air Force to enter into supplemental agreements relating to the settlement of claims under the C-17 aircraft program, requiring certain settlement conditions. Requires a 30-day congressional notification period. Subtitle E: Other Matters - Earmarks $150 million in Air Force procurement funds authorized under this Act for the preservation of the B-2 bomber industrial base. Prohibits any such funds from being used to purchase B-2 parts not previously acquired or planned. Exempts such funds from certain limitations on total program costs. (Sec. 142) Earmarks funds authorized under this Act for the procurement of electric and hybrid vehicles for military uses and the commercialization of such vehicles for nonmilitary uses. Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1995 for the armed forces for research, development, test, and evaluation (RDTE). Authorizes appropriations for the Director, Test and Evaluation and the Director, Operational Test and Evaluation. Earmarks specified RDTE funds for: (1) basic research and exploratory development projects; and (2) the Strategic Environmental Research and Development Program. Subtitle B: Program Requirements, Restrictions, and Limitations - Directs the Secretary of Defense (Secretary) to continue the demonstration and validation of kinetic energy antisatellite technologies under the tactical antisatellite technologies program. (Sec. 212) Directs the Secretary to transfer: (1) from the Secretary of the Air Force to the Secretary of the Navy, before October 1, 1995, responsibility for management and funding for the MILSTAR communications satellite program; and (2) to the National Aeronautics and Space Administration (NASA) the unobligated balance of funds appropriated to DOD for single-stage to orbit rocket R&D. (Sec. 214) Limits the use of funds appropriated under this Act in connection with: (1) the dismantling of intercontinental ballistic missiles (ICBMs); and (2) seismic monitoring research of nuclear explosions. (Sec. 216) Provides specified requirements before funds appropriated under this Act may be used to procure work from a federally funded R&D center. Reduces by $52.65 million the total amount authorized for RDTE under this title. Subtitle C: Missile Defense Program - Requires reviews of the compliance with Antiballistic Missile Treaty requirements of the Brilliant Eyes and Navy Upper Tier ballistic missile defense systems. (Sec. 222) Amends the Missile Defense Act of 1991 to repeal provisions concerning: (1) the exclusive program elements for the Ballistic Missile Defense program; (2) R&D for such elements; and (3) Strategic Defense Initiative funding. (Sec. 223) Prohibits the obligation of Ballistic Missile Defense Organization program funds until the Secretary submits a report required under the National Defense Authorization Act for Fiscal year 1994. Subtitle D: Defense Conversion, Reinvestment, and Transition Assistance Matters - Earmarks and allocates R&D funds authorized under this Act for the defense reinvestment program. Allows such funds to be utilized for related FY 1994 projects. (Sec. 232) Directs the Secretary, with respect to specified technology reinvestment programs, to consider a partnership proposal submitted by a small business without regard to the ability of the small business to immediately meet its share of anticipated partnership costs. Allows such firms 120 days to meet such financial requirements. Requires the Secretary, in establishing or providing financial support of partnerships and cooperative arrangements under defense technology reinvestment projects, to ensure that the principal economic benefits of such partnerships or arrangements accrue to the U.S. economy. (Sec. 234) Directs the Secretary to conduct a program to promote cooperation between DOD laboratories and industry on R&D of dual-use (military and civilian) technologies in order to further certain national security objectives. Outlines program requirements. Directs the Secretary of the Navy to conduct a similar program for cooperation between the Navy and industry on the R&D of such technologies. Provides funding for such programs. Subtitle E: Other Matters - Authorizes the Secretary to enter into cooperative R&D projects with NATO organizations. (Currently, such cooperative projects are permitted only with major U.S. allies.) (Sec. 242) Directs the Secretary to continue the Defense Women's Health Research Program. Requires all military departments to participate in Program activities. Adds to authorized Program activities. Requires an implementation plan and provides funding. (Sec. 243) Amends the National Defense Authorization Act for Fiscal Years 1988 and 1989 to require an annual report to the Congress from the Semiconductor Technology Council. (Sec. 244) Directs the Secretary of the Navy to report to the Congress on the oceanographic survey and R&D requirements needed to support Navy operations in littoral regions. (Sec. 245) Earmarks funds for completion of certain upgrades at the Los Alamos National Laboratory, New Mexico. (Sec. 246) Authorizes the Secretary to waive certain live-fire testing requirements for the F-22 aircraft program. Requires a certification to the Congress if such testing is determined to be unreasonably expensive and impractical. Provides funds for alternative live-fire testing. (Sec. 247) Earmarks funds for the University Research Initiative Support Program. (Sec. 248) Directs the Secretary to establish a Manufacturing Science and Technology Program to further certain national security objectives. Requires competitive procedures. Provides funding. (Sec. 249) Directs the Secretary to carry out a Defense Experimental Program to Stimulate Competitive Research as part of the DOD university research programs. Specifies program objectives and provides for the designation of eligible States. Requires coordination with similar Federal programs. Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1995 for operation and maintenance for the armed forces (including its reserve and National Guard components), defense-wide activities, defense medical programs, the National Board for the Promotion of Rifle Practice, the Defense Inspector General, drug interdiction and counter-drug activities, defense, the Court of Military Appeals, environmental restoration, defense, humanitarian assistance, former Soviet Union threat reduction, international peacekeeping and peace enforcement activities, and support for the 1996 Summer Olympics. Authorizes appropriations for DOD working capital funds. (Sec. 303) Authorizes appropriations for operations of the armed forces retirement homes. Obligates specified funds for operation and maintenance for FY 1995 from the National Security Education Trust Fund and from the National Defense Stockpile Transaction Fund. (Sec. 306) Authorizes the Secretary to provide logistical support and personnel services in connection with the 1995 Special Olympics World Games in New Haven, Connecticut. Authorizes appropriations. Subtitle B: Defense Business Operations Fund - Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to make permanent the authority of the Secretary to use the Defense Business Operations Fund (Fund) to manage the working capital funds as well as industrial, commercial, and support-type activities. (Sec. 312) Directs the Secretary to report to the Senate and House Armed Services Committees (defense committees) on implementation of the Fund's Improvement Plan of September 1993. Requires the Comptroller General to monitor and evaluate the progress of such implementation and to report to the defense committees. (Sec. 313) Limits to $1.5 million the FY 1995 obligations against funds in the capital asset subaccount of the Fund. Limits the FY 1995 obligations against the supply management divisions of the Fund, with a waiver by the Secretary for combat readiness purposes. Subtitle C: Environmental Matters - Prohibits the use of FY 1995 DOD funds for the purchase of surety bonds or other guarantees of financial responsibility in guaranteeing the performance of any direct function of DOD. (Sec. 322) Extends through FY 1995 the prohibition on the use of DOD environmental restoration funds for the payment of fines or penalties assessed against DOD. (Sec. 323) Allows any federally recognized Indian tribe to participate in DOD environmental restoration programs. Subtitle D: Matters Relating to Department of Defense Civilian Employees - Extends certain military personnel transition assistance authorities. (Sec. 332) Extends permanently the China Lake personnel demonstration project at China Lake, California. Authorizes the Secretary to carry out such projects at designated DOD science and technology reinvention laboratories. (Sec. 333) Provides limitations on severance pay to certain DOD civilian employees transferring to employment positions in defense nonappropriated fund instrumentalities. Provides credit, for retirement purposes, for certain service performed in such instrumentalities between January 1, 1966, and December 31, 1986. (Sec. 335) Provides travel, transportation, and relocation allowances for DOD employees transferring to the U.S. Postal Service. (Sec. 336) Includes foreign nationals employed by a foreign government for the benefit of DOD among the foreign nationals for whom separation pay is authorized. (Sec. 337) Expands DOD's authority to accept and utilize voluntary services, with certain requirements and limitations. Allows the Secretary to reimburse a person for incidental expenses incurred in providing such services. Subtitle E: Other Matters - Requires the Secretary to ensure that the current performance by DOD of a depot-level maintenance workload having a value of $3 million or more is not changed to performance by contractor or another depot-level maintenance activity of DOD unless the change is made using: (1) maintenance-based selection procedures among all DOD depot-level maintenance activities; or (2) competitive procedures among private and public sector entities. (Sec. 342) Authorizes the Secretary of the Air Force to: (1) provide funds for the national headquarters of the Civil Air Patrol; and (2) authorize the Patrol to employ retired Air Force personnel in administration and liaison officer positions. (Sec. 343) Increases from 50 cents to two dollars the amount authorized to be deducted monthly from the pay of military personnel and used in support of armed forces retirement homes. Modifies the fee paid by residents of such homes. Directs the Chairman of the Armed Forces Retirement Home Board to study and report to the defense committees on alternatives for modernization of the facilities at the U.S. Soldiers' and Airmen's Home. (Sec. 344) Amends the National Defense Authorization Act for Fiscal Year 1993 to include medical transportation as one of the benefits under the National Guard pilot program. (Sec. 345) Authorizes the Secretary of the Army, after obtaining advanced budget authority, to carry out a loan guarantee program to encourage commercial firms to use ammunition manufacturing facilities pursuant to provisions of the Armament Retooling and Manufacturing Support Act of 1992. Provides for program administration, loan limits, and reporting requirements. Extends the authority for such alternative use through FY 1996. (Sec. 346) Authorizes the Secretary of Defense, upon determining that appropriate educational programs are not available through a local educational agency for dependents of military and civilian DOD personnel residing at a military installation in the United States, to provide for the elementary and secondary education of such dependents. Provides eligibility for such education to dependents of other Federal employees residing on a military installation at any time during the school year. Requires the Secretary to establish a school board for each DOD elementary and secondary school so established. Provides for school administration, staffing, and compensation. Requires the Secretary to provide specified substantive rights, protections, and procedural safeguards for dependents participating in the educational programs. Earmarks certain funds authorized under this Act for assistance to local educational agencies that benefit dependents of military and civilian DOD personnel. (Sec. 348) Allows proceeds from operation of the naval academy laundry to be used for its operating expenses. (Sec. 349) Repeals the annual limit on the amount of funds authorized to be expended by the Defense Inspector General for emergency and extraordinary expenses. (Sec. 350) Amends the National Defense Authorization Act for Fiscal Year 1993 to extend through FY 1996 the authority for a program to commemorate World War II. (Sec. 351) Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1995 the authority for aviation depots and naval shipyards to engage in defense-related production and services. (Sec. 352) Provides for the transfer of certain excess DOD property to educational institutions and training schools. Provides for the surplus treatment of property so loaned before September 30, 1993. (Sec. 353) Amends the National Defense Authorization Act for Fiscal Year 1994 to repeal a provision requiring the conversion of naval ships' stores from an activity funded by direct appropriations to one funded by nonappropriated fund instrumentalities. (Sec. 354) Authorizes the Secretary to carry out a humanitarian program providing for instruction, education, training, and advising of personnel of other nations in procedures for detecting and clearing landmines. Provides funding. (Sec. 355) Earmarks funds authorized under this Act for obtaining emergency communications services for military personnel (and their dependents) from the American National Red Cross. (Sec. 356) Allows no more than three foreign-built vessels to be purchased for the Marine Corps maritime prepositioning ship program with funds in the National Defense Sealift Fund. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Authorizes the FY 1995 end strengths for active duty military personnel. (Sec. 402) Extends through FY 1997 the authority for the temporary variation in end strength limitations for Marine Corps majors and lieutenant colonels. (sec. 403) Allows an authorized strength of 68 general officers on active duty in the Marine Corps after FY 1995. (Sec. 404) Excludes certain commanders or deputy commanders of combatant or allied commands from the limitation on the number of officers serving on active duty. (Sec. 405) Excludes, upon certain conditions, the next Superintendent of the U.S. Naval Academy from the number of senior admirals authorized to be serving on active duty. Subtitle B: Reserve Forces - Authorizes the FY 1995 end strengths for reserve and National Guard personnel. Allows the Secretary to increase such end strengths by up to two percent. Provides for certain end strength adjustments for members of the Selected Reserve. Sets forth the end strength for members of the reserve serving on active duty in support of the reserve. Subtitle C: Military Training Student Loads - Provides the authorized average military training student loads for FY 1995. Subtitle D: Authorization of Appropriations - Authorizes $70.79 billion to DOD for FY 1995 for military personnel. Subtitle E: Other Matters - Amends the National Defense Authorization Act for Fiscal Year 1993 to repeal a provision requiring a specified reduction in recruiting personnel. Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Allows certain officers to serve on successive military selection boards. (Sec. 502) Excepts certain warrant officers from mandatory consideration by promotion selection boards. States that a warrant officer shall be considered to have accepted a higher appointment on the date of the appointment, unless the officer expressly declines. Precludes a new oath of office for promoted warrant officers who have served continuously since taking their oath of office. (Sec. 503) Provides for either enlistment or retirement of Navy and Marine Corps limited duty officers who have twice failed in selection for promotion. (Sec. 504) Revises the educational requirements for appointments in reserve grades above first lieutenant or lieutenant junior grade. Provides an exception to the baccalaureate degree requirement for Native Alaskans serving as Scout officers in a reserve unit. Subtitle B: Reserve Component Matters - Directs the Secretary to review, and report to the defense committees on, the opportunities for ordering individual reservists to active duty with their consent. (Sec. 512) Extends from 90 to 180 days the authorized period of active duty service for Selected Reserve forces mobilized for reasons other than war or national emergency. Requires a report. (Sec. 513) Repeals obsolete Federal provisions relating to the transfer of regular enlisted personnel to reserve components. Subtitle C: Other Matters - Directs the Secretary of the Army to review two dismissals from the U.S. Military Academy in 1874 and 1882, respectively, in order to determine whether racial prejudice or other improper factors tainted the original proceedings. Requires a correction of records or the presidential issuance of a posthumous commission as Army officers for such personnel if the dismissals were found to have been an error or injustice. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives a required military pay raise in conformity with increases in the General Schedule of the Federal Government and provides for a 2.6 percent increase, effective on January 1, 1995, in the rates of basic pay, basic allowance for subsistence, and basic allowance for quarters. Subtitle B: Bonuses and Special and Incentive Pays - Extends through FY 1996 the authority for certain bonuses and special and incentive pay for reserve personnel. Extends through FY 1998 certain bonuses and special pay for nurse officer candidates, registered nurses, and nurse anesthetists (increasing the special pay for the latter). Extends the authority for the payment of certain other bonuses and special pay. Subtitle C: Travel and Transportation Allowances - Transfers from the Secretary of the Army to the Secretary of Defense responsibility for the preparation of transportation mileage tables (used for travel allowance determination purposes). Subtitle D: Retired Pay and Survivor Benefits - Revises a provision concerning the calculation of retired pay for officers retiring in a grade lower than the grade held at retirement. (Sec. 632) Provides for the crediting of certain reserve service performed by enlisted personnel in the computation of retired military pay, using a special formula. (Sec. 633) Amends the Federal criminal code to provide forfeiture of military annuities or retired pay for members convicted of espionage. Subtitle E: Defense Conversion, Reinvestment, and Transition Assistance Matters - Provides, for personnel retired under the special temporary retirement authority, eligibility for Servicemen's Group Life Insurance coverage. Requires payment of appropriate premiums. (Sec. 642) Amends the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 to provide an annual payment for at least one but no more than five years to members retired under the National Guard and reserve transition initiative. (Currently, a five-year payment is required.) Adds provisions concerning the computation of the annual payment and its coordination with retired pay. (Sec. 643) Increases the eligibility and application periods for former military personnel wishing to enter a DOD program for assistance in obtaining certification and employment as teachers or teachers' aides. (Sec. 644) Revises Federal provisions concerning the authority of the Secretary to assist separated members to obtain employment with law enforcement agencies to: (1) include within such employment work with Indian tribes in which law enforcement functions are performed; (2) increase eligibility for such assistance to any member or former member who is separated during the six-year period beginning October 1, 1993, under honorable conditions; (3) provide preferences for involuntarily separated personnel or those having an occupational specialty, training, or experience related to law enforcement; (4) require the Attorney General (currently the Secretary) to administer the program and distribute grant funds; (5) limit individual grants to $50,000; (6) limit program administrative expenses to ten percent; and (7) require sufficient appropriated funds before a former member may be selected to participate in the program. (Sec. 645) Amends the National and Community Service Act of 1990 to prohibit certain retired pay reductions in the case of a former member being paid as a member of the cadre of the Civilian Community Corps. Subtitle F: Other Matters - Provides eligibility for retirement, placement on the temporary disability retired list, or separation for officer candidates granted excess leave due to a physical disability. (Sec. 652) Allows members of the Selected Reserve in good standing to use morale, welfare, and recreation facilities on the same basis as active duty personnel. Provides the same privilege for: (1) retirees under the age of 60; (2) members of the Ready Reserve not in the Selected Reserve; and (3) dependents of members of the Selected Reserve. (Sec. 653) Authorizes the Secretary to carry out a program to provide special supplemental food benefits to military personnel on duty at stations outside the United States, as well as eligible civilians serving with, employed by, or accompanying such personnel. (Sec. 654) Authorizes the military Secretary concerned, the Judge Advocate General of a military department, or the Chief Counsel of the Coast Guard to reimburse a member of the armed forces in an amount up to $100,000 for losses of household effects caused by hostile action during a move necessitated by a change of permanent duty station. Allows such reimbursement only to the extent that the loss is not covered by applicable insurance. Applies such coverage with respect to losses incurred after June 30, 1990. Title VII: Health Care Provisions - Revises the definition of dependents, for purposes of eligibility for health care benefits under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS), to include an unmarried person placed in the home of a member or former member of the armed forces in anticipation of legal adoption. (Sec. 702) Authorizes the Secretary to establish basic dental benefit plans for spouses and children who accompany military personnel on permanent assignments outside the United States. (Sec. 703) Provides conditions under which medical and dental care shall be authorized for abused dependents of military personnel who are convicted for such abuse by court-martial or civil court. (Sec. 704) Provides for the coordination of CHAMPUS benefits with those provided under title XVIII (Medicare) of the Social Security Act. (Sec. 705) Provides reimbursement to CHAMPUS health care providers for the cost of obtaining a professional license when such license is required by the local government involved. (Sec. 706) Directs the Secretary to develop, carry out, and report on a demonstration program to evaluate the feasibility and desirability of furnishing chiropractic care through the medical facilities of the armed forces. Requires the Secretary to establish an oversight advisory committee for assistance in the development and conduct of the demonstration program. (Sec. 707) Amends the National Defense Authorization Act for Fiscal Year 1993 to state that the annual CHAMPUS health survey required under such Act shall not be treated as a "collection of information" as such term is used in Federal provisions concerning information policy. (Sec. 708) Amends the Social Security Act to establish a Medicare special enrollment period for certain military retirees and their dependents when their military treatment facility has closed. Provides for: (1) coverage periods for such enrollments; and (2) DOD payment on behalf of such enrollees of the Medicare Part B late enrollment penalty. (Sec. 709) Amends the National Defense Authorization Act for Fiscal Year 1993 to allow individuals who obtained pharmaceuticals at a closed military health care facility to participate in a DOD program providing for the sale by mail of pharmaceuticals to eligible military personnel and their dependents. Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Use of Merit Based Selection Procedures - Expresses as congressional policy that any program, project, or technology identified in legislation should be procured through merit-based selection procedures. Prohibits DOD from being required to award a new contract or grant to a specific non-Government entity unless strict conditions are met. Requires congressional notification of attempted exceptions to such prohibition. (Sec. 802) Extends permanently an annual reporting requirement on the use of competitive procedures for awarding certain contracts to colleges and universities. Subtitle B: Acquisition Assistance Programs - Earmarks specified funds authorized under this Act for the defense procurement technical assistance programs. Earmarks other funds authorized under this Act for: (1) the pilot Mentor-Protege Program; and (2) infrastructure assistance for historically Black colleges and other minority institutions. (Sec. 814) Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to extend through FY 1998 a test program for the negotiation of comprehensive small business subcontracting plans. (Sec. 815) Prohibits the expenditure of funds authorized by this Act for specified acquisition activities until the Secretary takes action with respect to: (1) issuing regulations with respect to small business subcontracting set asides and bid proposals; and (2) DOD policy regarding the Mentor-Protege Program. Subtitle C: Other Matters - Prohibits the use of funds for specified acquisition activities pending submission to the Congress by the Secretary of a national technology and industrial base periodic defense capability assessment and a periodic defense capability plan. (Sec. 822) Directs the President to take certain required industrial mobilization actions through the head of any military department (currently, through the Secretary). (Sec. 823) Amends the National Defense Authorization Act for Fiscal Year 1993 to extend permanently the authority for DOD to share equitably the costs of claims under international armaments cooperative programs. (Sec. 824) Specifies factors to be considered by the Secretary when determining whether application of certain provisions of the Buy American Act is inconsistent with the public interest. Title IX: Department of Defense Organization and Management - Subtitle A: Secretarial Matters - Establishes the 11th position of Assistant Secretary of Defense. Places the General Counsel of each of the military departments third in the order of succession to the Secretaries of such departments. Subtitle B: Commission on Roles and Missions of the Armed Forces - Amends the National Defense Authorization Act for Fiscal Year 1994 to require the Commission on Roles and Missions of the Armed Forces to review the role of the National Guard and other reserve components. Directs the Secretary, upon request, to make available to the Commission the services of one or more federally funded R&D centers covered by DOD sponsoring agreements. Subtitle C: Other Matters - Requires (current law authorizes) the inclusion within the membership of the Reserve Forces Policy Board of an officer of the regular Marine Corps and a regular military officer serving in a position on the Joint Staff. (Sec. 922) Prohibits the closure of the Uniformed Services University of the Health Sciences. Expresses the sense of the Congress that the Secretary should budget for the ongoing operation of the University. (Sec. 923) Authorizes the Secretary to provide joint duty credit for certain duty performed during military operations in support of unified, combined, or United Nations military operations. Title X: General Provisions - Subtitle A: Financial Matters - Authorizes the Secretary, in the national interest, to transfer amounts of authorizations made available to DOD in Division A for FY 1995 between any such authorizations for that fiscal year. Limits to $2 billion the total amount authorized for such transfers. Requires notification to the Congress of any transfers so made. (Sec. 1002) Authorizes emergency supplemental appropriations for FY 1994 for costs of ongoing U.S. operations in Somalia, Bosnia, Southwest Asia, and Haiti. Allocates such funds among military personnel, operation and maintenance, and procurement. (Sec. 1003) Changes the date for submission of the DOD future-years mission budget from the same time as submission of the defense budget each year to 60 days after such date. Subtitle B: Matters Relating to Allies and Other Nations - Amends the: (1) National Defense Authorization Act for Fiscal Year 1993 to repeal a limitation on overseas U.S. end strengths; and (2) National Defense Authorization Act, 1985, to revise the end strengths of U.S. military personnel assigned to permanent duty ashore in European member nations of NATO. (Sec. 1013) Earmarks funds authorized under this Act for cooperative threat reduction with states of the former Soviet Union under the Cooperative Threat Reduction Act of 1993. Extends certain semiannual reporting requirements under such Act. (Sec. 1014) Expresses congressional findings concerning defense cooperation between the United States and Israel. Encourages the President to ensure that any conventional defense system or technology offered for release to NATO allies should be simultaneously offered to Israel. Urges the President to make available to Israel advanced U.S. technology necessary for continued progress in U.S.-Israel R&D of theater missile defenses. (Sec. 1015) Authorizes the Secretary to conduct military-to-military contacts and comparable activities designed to encourage a democratic orientation of defense establishments and military forces of other countries. Provides funding. (Sec. 1016) Authorizes the President to conduct disaster relief activities outside the United States to respond to manmade or natural disasters when necessary to prevent the loss of lives. Requires a report to the Congress within 48 hours after commencement of such activities. Provides funding. Subtitle C: Nonproliferation and Counterproliferation of Weapon Systems and Related Systems - Amends the National Defense Authorization Act for Fiscal Year 1993 to: (1) extend through FY 1995 the authority for certain nuclear nonproliferation activities under such Act; (2) add to the purposes of such Act the prevention of biological, chemical, and missile proliferation; and (3) define FY 1995 funding sources for such activities. (Sec. 1022) Amends the National Defense Authorization Act for Fiscal Year 1994 to: (1) redesignate the Nonproliferation Program Review Committee as the Counterproliferation Program Review Committee; (2) designate the Secretary of Energy as the Vice Chairman of the Committee; (3) add to Committee purposes the coordination and funding of DOE related programs and R&D; (4) repeal various provisions concerning purposes, duties, and budget recommendations of the Committee; and (5) terminate the Committee after September 30, 1996. (Sec. 1023) Directs the Secretary to submit annual reports to the appropriate congressional committees on findings of the above Committee. (Sec. 1024) Earmarks funds authorized under this Act for: (1) counterproliferation activities; and (2) education in support of such activities. (Sec. 1025) Prohibits DOD travel funds from being expended for travel by the Assistant Secretary for International Security Policy until the Secretary submits certain reports and certifications required under prior law concerning the proliferation of foreign military satellites. Subtitle D: Peace Operations - Directs the Secretary to submit to the defense committees two reports on U.S. proposals for improving United Nations (UN) management of peace operations. (Sec. 1032) Expresses the sense of the Congress concerning support for international peacekeeping and peace enforcement activities. Authorizes the Secretary to: (1) pay the U.S. fair share of such activities in which U.S. combat forces participate; and (2) furnish assistance, on a reimbursable basis, in support of such activities. Requires 15 days' advance notice to designated congressional committees before the Secretary may take either action, with certain determinations to be included in such notice. Directs the President to require reimbursement from the UN or another source for the use of U.S. armed forces in support of such activities or for the provision of assistance. Allows the waiver of such reimbursement in exceptional circumstances. Establishes the Contributions for International Peacekeeping and Peace Enforcement Activities Fund for paying assessments for UN operations under the program. Prohibits the payment of such assessments when U.S. combat forces are not involved. Authorizes appropriations for FY 1995 for the Fund. Subtitle E: Reporting Requirements - Expresses congressional findings, and requires a report from the Secretary to the defense committees, with respect to the status of the offensive biological warfare program in the Russian Federation and other independent states of the former Soviet Union. (Sec. 1042) Specifies reporting requirements which are not to be considered terminated under the National Defense Authorization Act for Fiscal Year 1994. Subtitle F: Acceptance of Pre-release Services of Nonviolent Offenders - Authorizes the Secretary of a military department to accept specified services from nonviolent offenders incarcerated in a correctional facility of a State or local government. Provides: (1) conditions for acceptance of such services; and (2) specific limits on payments to State or local governments for the costs incurred in the provision of such services. Prohibits compensating any offender for services provided. (Sec. 1052) Amends the National Defense Authorization Act for Fiscal Year 1994 to add provisions which assure U.S. indemnification in connection with provision by the Secretary of prerelease employment training to nonviolent offenders incarcerated in State penal systems. (Sec. 1053) Authorizes the Secretary of the Army to conduct a demonstration project to test the feasibility of using Army facilities to provide employment training to nonviolent offenders in a State penal system prior to their release from incarceration. Subtitle G: Other Matters - Redesignates: (1) the U.S. Court of Military Appeals as the U.S. Court of Appeals for the Armed Services; and (2) the Court of Military Review as the Court of Military Criminal Appeals. (Sec. 1062) Directs the Secretary to designate a DOD official to serve as a single point of contact for immediate family members of any unaccounted-for Korean conflict or Cold War prisoner of war (POW) or missing in action (MIA). Outlines appropriate functions for such official. (Sec. 1063) Authorizes members and units of the National Guard to provide assistance to specified youth and charitable organizations if such assistance does not hamper the performance of duty, is not otherwise commercially available, and will enhance the Guard's military skills while not resulting in a significant increase in training costs. Provides authorized services and eligible organizations. (Sec. 1064) Prohibits any person, except with the written consent of the Secretary, from knowingly using the words "Defense Mapping Agency" or its initials, seal, or other imitations in connection with any merchandise. Prohibits any person from bringing an action against the United States on the basis of the content of a navigational aid prepared by such Agency. (Sec. 1065) Authorizes the Secretary of the Navy to transfer to Brazil specified naval vessels on a lease basis. Waives the requirement of a congressional notification. Requires transfer costs to be borne by Brazil. Terminates such transfer authority two years after enactment of this Act, but allows for the renewal of leases entered into during such period. (Sec. 1066) Directs the Secretary of the Army to transfer to the Marine Corps any Army M1A1 tanks that become excess to the requirements of the regular Army, up to the amount needed to satisfy the Marine Corps requirement for tanks. (Sec. 1067) Prohibits any funds available to DOD from being expended to merge defense telecommunications systems with any civil telecommunications system until the Secretary reports certain information to the congressional committees and 30 days have elapsed. Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 1995 - Title XXI(sic): Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary, using specified amounts, to construct or acquire military family housing units, to carry out architectural planning and design activities, and to improve existing military family housing units. Authorizes appropriations to the Army for fiscal years after 1994 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized in this title. Amends the Military Construction Authorization Act for Fiscal Year 1992 to: (1) reduce the amount authorized for military construction projects at Fort Hunter Liggett, California; and (2) increase by a corresponding amount the sum authorized for such projects at Fort Stewart, Georgia. Title XXII: Navy - Provides, with respect to the Navy, authorizations paralleling those provided for the Army under title XXI. Allows certain prior-year funds to be expended for a construction project at the Naval Supply Center, Pensacola, Florida. Directs the Secretaries of Transportation and the Navy to enter into an agreement providing for the relocation of the activities and functions of the Pascagoula Coast Guard Station to the Pascagoula Naval Station, Mississippi. Authorizes the Secretary of the Navy to carry out construction design activities for the Mayport Naval Station, Florida. Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under title XXI. Amends the Military Construction Authorization Act for Fiscal Year 1994 to: (1) increase the amount authorized for a military construction project at Tyndall Air Force Base, Florida; and (2) increase the number of family housing units authorized to be constructed there. Title XXIV: Defense Agencies - Authorizes the Secretary of Defense to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to: (1) improve existing military family housing units; and (2) carry out energy conservation projects. Authorizes appropriations for fiscal years after 1994 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized in this title. Terminates authority to carry out a military construction project at the Fitzsimmons Army Medical Center, Colorado. Earmarks funds authorized under this Act for certain community impact assistance with regard to the Naval Weapons Station, Charleston, South Carolina. Title XXV: North Atlantic Treaty Organization Infrastructure - Authorizes the Secretary to make contributions to the NATO Infrastructure Program and authorizes appropriations for fiscal years after 1994 for such contributions. Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1994 for the Guard and reserve forces for acquisition, architectural planning and design activities, and construction of facilities. Amends prior year military construction authorization Acts to increase the amount authorized for certain National Guard and reserve projects for which funds have been appropriated. Title XXVII: Expiration of Authorizations - Terminates all authorizations contained in titles XXI through XXVI on October 1, 1997, or the date of enactment of an Act authorizing funds for military construction for FY 1998, whichever is later. Extends certain prior year military construction projects. Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Amends the Demonstration Cities and Metropolitan Development Act of 1966 to authorize the Secretary to pay closing costs to eligible persons under the homeowners assistance program. Subtitle B: Base Closure Matters - Amends the Defense Base Closure and Realignment Act of 1990 to prohibit the Secretary or the Defense Base Closure and Realignment Commission, in considering military installations for closure or realignment, from taking into account any advance conversion planning undertaken by an affected community with respect to the anticipated closure or realignment of an installation. Makes clarifying and technical amendments to the above Act as well as the Defense Authorization Amendments and Base Closure and Realignment Act. Subtitle C: Land Transactions Generally - Directs the Secretary of the Interior to transfer to the Air Force certain lands contiguous to the Holloman Air Force Base, New Mexico, to be used in connection with a wastewater treatment facility. Provides for: (1) cattle grazing rights; (2) transfer compliance with environmental laws; (3) responsibility for the cleanup of hazardous substances; (4) mining and other rights-of-way; and (5) permitted public access to the lands transferred. (Sec. 2822) Authorizes the Secretary of the Navy to enter into an agreement with the Oxnard Harbor District, Port Hueneme, California, for the joint use by the Secretary and the District of U.S. Navy Wharf Number 3, upon which is located the Naval Construction Battalion Center of Port Hueneme. (Sec. 2823) Authorizes the Secretary of the Navy to lease to the YMCA of San Diego County, California, certain lands at the Naval Radio Receiving Facility, Imperial Beach, Coronado, California, to be operated and maintained as a summer youth residence camp. (Sec. 2824) Authorizes the Secretary of the Navy to release the U.S. reversionary interest to certain parcels of land in York County and James City County, Virginia, as well as in Newport News, Virginia. (Sec. 2825) Directs the Secretary of the Army to transfer administrative jurisdiction of specified real property at Fort Devens, Massachusetts, to the Secretary of the Interior for inclusion in the Oxbow National Wildlife Refuge. (Sec. 2826) Authorizes the Secretary of the Army to convey to the Hall County, Nebraska, Board of Supervisors all U.S. rights and interest to the Cornhusker Army Ammunition Plant in Hall County. (Sec. 2827) Directs the Administrator of General Services to transfer or convey to appropriate State or local governments or nonprofit organizations various current military installations or facilities, if determined appropriate and in the public interest after consultation with the Secretary. Subtitle D: Changes to Existing Land Transaction Authority - Makes various modifications with respect to current land transaction authority for: (1) the land conveyance at Fort A.P. Hill, Virginia; (2) the conveyance of an electric distribution system at Fort Dix, New Jersey; (3) the land conveyance at Fort Knox, Kentucky; and (4) the preservation as a nature preserve of the Calverton Pine Barrens at the Naval Weapons Industrial Reserve Plant, New York. Subtitle E: Other Matters - Allows the Secretary of a military department to authorize a nonappropriated fund instrumentality to contract for construction of a shopping mall or similar facility for a commissary store and one or more nonappropriated fund instrumentality activities. (Sec. 2843) Waives certain prior congressional reporting requirements for certain real property transactions in the event of war or national emergency. Requires reports in such cases within 30 days after action is taken. (Sec. 2844) Directs the Secretary of the Army to report to the Congress on the use of Army operation and maintenance funds for environmental restoration at the Cornhusker Army Ammunition Plant, Hall County, Nebraska. (Sec. 2845) Directs the Secretary of Defense to carry out, and report to the Congress on, a DOD Laboratory Revitalization Demonstration Program, allowing the Secretary to carry out minor military construction projects to improve laboratories covered by the Program. (Sec. 2846) Amends the Military Construction Authorization Act for Fiscal Year 1991 to: (1) waive a prior congressional notification requirement with respect to settlements with foreign countries for the release to such a country of improvements made at U.S. military installations, if such improvements have a value of $10 million or less; and (2) require the Secretary to report annually to the defense committees on such proposed agreements. Division C: Department of Energy National Security and Other Authorizations - Title XXXI(sic): Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - Authorizes appropriations to the Department of Energy (DOE) for FY 1995 for operating expenses, plant projects, and capital equipment necessary in carrying out the following activities for national security programs: (1) weapons activities; (2) environmental restoration and waste management; (3) nuclear materials support and other defense programs; and (4) defense nuclear waste disposal. Reduces the total amount authorized to be appropriated in this Subtitle by a specified amount for use of FY 1994 balances. Subtitle B: Recurring General Provisions - Prohibits the use of funds appropriated pursuant to this title for: (1) the cost of a program exceeding 105 percent of the program authorization or $10 million more than the amount authorized, whichever is the lesser; or (2) programs which have not been presented to, or requested of, the Congress, unless the Secretary of Energy (Secretary, for purposes of this title) transmits to specified congressional committees a full statement of the action proposed and 30 days have expired. (Sec. 3122) Places certain funding limits (requiring congressional reports when amounts exceed such limits) for general plant and construction projects of DOE. Provides fund transfer authority. (Sec. 3125) Authorizes the Secretary to carry out advance planning and construction design services in connection with proposed construction projects not exceeding $3 million, requiring certain congressional notification for projects exceeding $600,000. Requires planning and design funds to be specifically authorized by law when their estimated cost exceeds $3 million. (Sec. 3126) Directs the Secretary, with exceptions, to complete a conceptual design for a construction project in support of a DOE national security program before submitting to the Congress a funding request for such project. (Sec. 3127) Authorizes the use of DOE funds for planning, design, and construction activities for any DOE national security program that must proceed expeditiously in order to protect public health and safety, meet the needs of national defense, or protect property. Requires the Secretary to report to the defense committees when funds are so used. Makes funds for management and support activities and for general plant projects under this Subtitle available for all DOE national security programs. Subtitle C: Program Authorizations, Restrictions, and Limitations - Directs the Secretary, as part of the stockpile stewardship program, to conduct a stockpile stewardship recruitment and training program at the Sandia, Lawrence Livermore, and Los Alamos national laboratories. Allows such program to support research for military or dual-use programs related to nuclear weapons stockpile stewardship. Earmarks funds from this title for such program. Directs the Secretary, as part of the program, to establish for such laboratories a retiree corps of retired scientists with expertise in R&D of nuclear weapons. Requires a report to the defense committees. (Sec. 3132) Earmarks funds authorized under this title for the defense inertial confinement fusion program. (Sec. 3133) Authorizes the Secretary to pay to the Hazardous Substance Superfund specified stipulated civil penalties assessed against the Fernald Environmental Management Project, Ohio, and the Portsmouth Gaseous Diffusion Plant, Ohio. (Sec. 3134) Authorizes the Secretary to reimburse four Colorado cities a specified amount for the cost of implementing water management programs. (Sec. 3135) Allows obligation of no more than 20 percent of the DOE funds authorized for limited and special access programs until the Secretary submits to the defense committees certain reports concerning such programs required under the Atomic Energy Act of 1954. Allows obligation of no more than 90 percent of the DOE funds authorized for national security programs until the Secretary submits to such committees a five-year budget plan required under prior law. (Sec. 3136) Earmarks specified funds authorized under this title for: (1) worker protection programs at nuclear weapons facilities; (2) the Scholarship and Fellowship Program for Environmental Restoration and Waste Management; (3) a hazardous materials management and emergency response training program at the Hanford Nuclear Reservation, Washington; (4) certain programs for persons at such plant who may have been exposed to radiation released from such plant; and (5) solar energy development activities at the Nevada Test Site. Subtitle D: Other Matters - Directs the Secretary to prescribe accounting procedures concerning the use of DOE national security program funds. (Sec. 3152) Directs the Joint Nuclear Weapons Council to coordinate and approve DOE activities concerning the study, development, and production of nuclear warheads. (Sec. 3153) Directs the Secretary to report to the Congress on the feasibility of conducting specified disarmament and demilitarization activities, nuclear weapon simulator technology development programs, the stockpile stewardship program, and experiments related to the nonproliferation of nuclear weapons at the Nevada Test Site. (Sec. 3154) Requires the Defense Nuclear Agency, as of October 1, 1995, to undertake responsibility for the production of tritium to meet the U.S. tritium requirements after 2008. (Sec. 3155) Amends the Department of Energy Organization Act to establish within DOE an Office of Fissile Materials Disposition. (Sec. 3156) Amends the National Defense Authorization Act, Fiscal Year 1989, to extend through FY 1997 the authority of the Secretary to loan personnel and facilities for the Idaho National Engineering Laboratory. (Sec. 3157) Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to eliminate the requirement of a five-year plan for DOE defense nuclear facilities. (Sec. 3158) Amends the Department of Energy Organization Act to authorize the Secretary to appoint up to 350 additional individuals in the scientific, engineering, professional, and administrative fields, without regard to civil service laws, in order to perform environmental restoration and waste management functions. Title XXXII: Defense Nuclear Facilities Safety Board Authorization - Authorizes appropriations for FY 1995 for the Defense Nuclear Facilities Safety Board. Title XXXIII: National Defense Stockpile - Authorizes the President to dispose of excess and obsolete materials contained in the National Defense Stockpile (NDS). Authorizes the NDS Manager, during FY 1995, to obligate a specified amount from the National Defense Stockpile Transaction Fund for authorized Fund uses. (Sec. 3303) Amends the National Defense Authorization Act for Fiscal Year 1993 to repeal a provision requiring the President to appoint an advisory committee to make recommendations concerning the operation and modernization of the NDS. (Sec. 3304) Amends the Strategic and Critical Materials Stock Piling Act to require the prevention of technological obsolescence in the rotation of NDS materials. Title XXXIV: Civil Defense - Authorizes appropriations for FY 1995 for carrying out the Federal Civil Defense Act of 1950. Title XXXV: Panama Canal Commission - Panama Canal Commission Authorization Act for Fiscal Year 1995 - Authorizes the Panama Canal Commission to make such expenditures as necessary for the operation, maintenance, and improvement of the Panama Canal for FY 1995, with specified limitations. Authorizes up to 43 passenger motor vehicles to be purchased for transporting Commission personnel across the Isthmus of Panama. Requires expenditures authorized under this title to be in accordance with the Panama Canal Treaties of 1977 and any law implementing those treaties. (Sec. 3504) Amends the Panama Canal Act of 1979 to authorize the use of Commission funds to defray the costs of education obtained in the United States (currently, only in the Republic of Panama) for Commission employees who are U.S. citizens. (Sec. 3505) Amends the Immigration and Nationality Act to provide special immigrant status for Panamanian nationals (and their dependents) who continue to be employed by the United States in an area of the former Canal Zone. Division D: Federal Acquisition Streamlining - Federal Acquisition Streamlining Act of 1994 - Title XLI (sic): Contract Formation - Subtitle A: Competition Statutes - Part 1: Armed Services Acquisitions - Amends the Competition in Contracting Act of 1984 (CICA) and other Federal procurement law with respect to subject agency (National Aeronautics and Space Administration, Coast Guard, Department of Defense (DOD), and respective military departments) procurement to revise: (1) competition requirements, with changes prohibiting purchase or contract class considerations by subject agencies in determining whether the exclusion of a particular source of covered items from competition in procurements to establish alternative sources of supply will result in reduced costs and increased competition or be in the interest of national defense; and (2) solicitation requirements, with changes requiring the head of a subject agency to include cost or price as a factor to be considered in evaluating competitive proposals and disclose certain information to offerors on the importance of other evaluation factors in relation to cost and price. (Sec. 41003) Revises certain qualifying circumstances for award of contracts between $100,000 and $1 million under noncompetitive procedures. (Sec. 41004) Repeals: (1) expiring authority for the Secretary of Defense (Secretary) to enter into master agreements and issue task orders and adds new authority for the head of a subject agency to enter into task and delivery order contracts for advisory and assistance services; and (2) requirements for prior determination with respect to cost or incentive type contract use and for annual reports by DOD advocates for competition. (Sec. 41005) Authorizes an agency head to use noncompetitive procedures when necessary to procure expert services for use in any actual or reasonably foreseeable litigation or dispute involving the Federal Government. (Sec. 41012) Relocates provisions concerning evaluation of purchase options and consolidates others for encouragement of competition and cost savings. (Sec. 41013) Requires: (1) notice to all offerors not awarded a contract as soon as practicable after the contract award; (2) debriefings providing certain basic information on the award to unsuccessful offerors, if requested within three days after a competitive award; and (3) the head of the procuring activity, upon the request of an offeror, to establish, in protests to the Comptroller General (CG), a protest file affording the offeror reasonable access. (Sec. 41016) Authorizes the head of a subject agency to take certain actions, such as issuing a new solicitation or terminating the contract, if, in connection with a protest, a solicitation, proposed award, or award does not comply with the law. (Sec. 41017) Authorizes an agency head to use specified two-phase selection procedures for contracting for property or services acquisition when three or more offers will be received for the contract, substantial design work must be performed before an offeror can develop a price or cost proposal for it, and the offerors will incur a substantial amount of expenses in preparing the offers. Part II: Civilian Agency Acquisitions - Amends the Federal Property and Administrative Services Act of 1949 (FPASA) to make changes similar to those above with respect to civilian agencies. (Sec. 41056) Specifies conditions for the use of noncompetitive procedures in the case of a follow-on lease for continued occupancy of particular space in real property leased by a Federal agency. (Sec. 41072) Specifies conditions under which agency heads may enter into multiyear contracts for property or services acquisition. (Sec. 41073) Authorizes agency heads to contract for severable services for periods beginning in one fiscal year and ending in the next, so long as the contract period (regardless of any option to extend) does not exceed one year. (Sec. 41074) Requires revision of the Federal Acquisition Regulation (FAR) with respect to Economy Act purchases of goods and services by a Federal agency under contracts entered into or administered by another agency. Part III: Acquisitions Generally - Amends the Office of Federal Procurement Policy Act (OFPPA) to require the Administrator of the Office of Federal Procurement Policy to prescribe guidance for Federal agency consideration of the past contract performance of offerors in awarding contracts. (Sec. 41092) Repeals congressional reporting requirements on executive agency contract competition. Subtitle B: Truth in Negotiations - Part I: Armed Services Acquisitions - Amends provisions commonly referred to as the Truth in Negotiations Act (TINA) to revise cost or pricing data requirements to: (1) repeal the sunset date for the requirement that offerors submit cost or pricing data for prime contracts above the $500,000 threshold (thus making it permanent); and (2) make changes in exceptions to data submission requirements. Sets forth a formula for annual adjustments to threshold amounts. (Sec. 41103) Requires a written determination to be made by the head of the subject agency before requiring the submission of cost or pricing data in cases where the acquisition is below the TINA threshold or one of the TINA exceptions applies. (Sec. 41104) Creates a new exception to the submission requirement for commercial item cost or pricing data that applies where competion is not practicable and the contracting officer obtains adequate data for evaluating the reasonableness of the contract price. (Sec. 41106) Provides for: (1) regulations concerning the types of information that must be submitted for the contracting officer to consider in determining price reasonableness when cost or pricing data are not required because the acquisition is not expected to exceed the $500,000 threshold; and (2) consistent time references with respect to when an agreement on the price of a prime contract is effective for purposes related to contract price reductions because of defective data. (Sec. 41109) Defines "subcontract" to include transfers of commercial items within a company to tie in with the new definition of commercial item under OFPPA added by title VIII of this Act. Part II: Civilian Agency Aquisitions - Amends FPASA to replace requirements governing submission of cost or pricing data and commercial pricing for supplies with requirements nearly identical to those under TINA (and the changes made above by this subtitle to TINA) governing submission of such data. Subtitle C: Research and Development - Revises research and development (R&D) authority of DOD and the military departments, repealing specified R&D milestone requirements with respect to certain defense research activities. (Sec. 41201) Consolidates the R&D authority of DOD and the military departments and repeals redundant and obsolete research authority. (Sec. 41202) Repeals specified R & D milestone requirements for certain defense research activities. Subtitle D: Procurement Protests - Part I: Protests to the Comptroller General - Modifies CICA's procurement protest system, with various changes: (1) adding a new definition of "protest"; (2) establishing new time frames for certain actions by the CG and others with respect to protests; (3) allowing the CG, in protests, to recommend agency payment of interested party consultant and expert witness fees, in addition to attorneys' fees currently required; (4) requiring subject agencies to pay recommended amounts, limited (except with respect to small businesses) to appropriate rates under the Equal Access to Justice Act, or else report to the CG the reasons for failing to make such payment;(5) directing the CG to report to the Congress on agency implementation of CG recommendations; and (6) authorizing the CG to prescribe procedures for time frame calculations and electronic filings and dissemination under the system. Part II: Protests in the Federal Courts - Amends CICA and the Federal judicial code (FJC) to give the U.S. Court of Federal Claims (Court) jurisdiction over protests. Part III: Protests in Procurements of Automatic Data Processing - Amends FPASA to: (1) authorize the Administrator of the General Services Administration (GSA) to revoke a delegation of procurement authority after a contract is awarded when the award is connected with a violation of law; (2) require GSA's board of contract appeals (board) to review, upon an interested party's request, any decision by a contracting officer alleged to have violated the law or the conditions of a delegated authority; and (3) change the time frames for final board decisions on protests and hearings for suspending procurement authority. (Sec. 41334) Authorizes dismissal of protests brought in bad faith and board ordered payment of additional specified administrative fees, as limited above under part I, to prevailing parties. (Sec. 41336) Requires public disclosure of any settlement agreement providing for dismissal of a protest and involving an expenditure of appropriated funds. Requires agencies to make settlement payments from the judgment fund. (Sec. 41337) Makes changes conforming to those above under part II with regard to Federal court jurisdiction over protests. (Sec. 41338) Requires the board to adopt and issue appropriate rules and procedures for time frame calculations, electronic filings and disseminations, and sanctions for frivolous or bad faith protests or willful abuses of the board's process. (Sec. 41339) Adds to FPASA the new definition of "protest" added above under part I, as well as a definition of "prevailing party." Subtitle E: Definitions and Other Matters - Part I: Armed Services Acquisitions - Revises subject agency procurement law: (1) definitions, adding new terms such as "commercial item," "nondevelopmental item," and "simplified acquisition threshold" with cross references to the Office of Federal Procurement Policy Act (OFPPA); and (2) provisions on decisions, while retaining requirements on the form and retention of findings. (Sec. 41402) Consolidates provisions on delegation of procurement functions by the head of a subject agency. (Sec. 41404) Makes technical changes with respect to the limitation on undefinitized contractual actions by subject agencies. (Sec. 41405) Repeals DOD provisions on: (1) production special tooling and production special test equipment; and (2) independent price determination in certain contract solicitations. (Sec. 41406) Gives the Secretary of Defense authority to prescribe regulations on contract bids for a military department. Part II: Civilian Agency Acquisitions - Adds the new terms specified under part I above to FPASA's definitions with cross references to OFPPA. (Sec. 41452) Makes changes parallel to those above concerning procurement function delegation and decisions for civilian agencies. (Sec. 41454) Authorizes the Administrator of General Services (GSA Administrator) to provide for the use of Federal supply schedules or other contracts upon request by State or local governments, the District of Columbia, the Commonweath of Puerto Rico, or Indian tribal governments. Denies such entities any authorization to order existing stock or investory from Federal supply depots. Authorizes the GSA Administrator to provide specified procurement, warehousing, and related service, upon request, to any qualified nonprofit agency for the blind or other severely handicapped that is to provide a commodity or service to the Federal Government under the Javits-Wagner-O'Day Act. Title XLII: Contract Administration - Subtitle A: Contract Payment - Part I: Armed Services Acquisitions - Reorganizes contract financing provisions for subject agencies, consolidating and eliminating those with regard to certain navy contracts which are redundant and obsolete, adding specific policy for contract financing and performance-based payments, and revising conditions for progress payments. (Sec. 42002) Repeals DOD vouchering requirements. Part II: Civilian Agency Acquisitions - Makes similar organizational changes with respect to contract financing for executive agencies, adding provisions mirroring those for the military departments which concern action in case of fraud. Subtitle B: Cost Principles - Part I: Armed Services Acquisitions - Amends provisions on allowable contractor costs to: (1) repeal the mandate for the CG's evaluation of DOD's implementation of allowable cost of defense contract requirements; and (2) raise the threshold for coverage under such provisions to $500,000. (Sec. 42102) Eliminates profit controls on defense contracts during periods of national emergencies. Part II: Civilian Agency Acquisitions - Amends FPASA to replace provisions for executive agencies on allowable contractor costs with provisions nearly identical to those for DOD amended in part I above (and the changes made by such amendments). Part III - Acquisitions Generally - Repeals OFPPA provisions on Government contractor travel expenses. (Sec. 42192) Requires the Federal Acquisition Regulatory Council to amend the cost principle in the FAR to declare that costs made specified unallowable under it are not allowable under any other cost principle. Subtitle C: Audit and Access to Records - Part I: Armed Services Acquisitions - Consolidates and revises authority for subject agency examination of contractor records. Part II: Civilian Agency Acquisitions - Relocates and revises provisions under FPASA for executive agency examination of contractor records, replacing them with provisions nearly identical to those in part I above for subject agencies. Subtitle D: Cost Accounting Standards - Amends OFPPA to exempt from cost accounting standards any firm fixed-price contract or subcontract for commercial items excepted from specified requirements to provide cost of pricing data. (Sec. 42302) Repeals an obsolete deadline under OFPPA for procedures governing actions of the Cost Accounting Standards Board, while retaining provisions authorizing their issuance. Subtitle E: Administration of Contract Provisions Relating to Price, Delivery, and Product Quality - Part I: Armed Services Acquisitions - Repeals special qualification requirements for contractors on aircraft and ship spare parts contracts. (Sec. 42402) Specifies certain guidelines and procedures for inclusion in DOD regulations on contractor guarantees with regard to weapon systems. Part II: Acquisition Generally - Reorganizes the Anti-Assignment Act, making technical changes and expanding authority to prohibit setoffs against assignees. (Sec. 42452) Amends Federal law to repeal requirements for contract deposit with the General Accounting Office. Subtitle F: Claims and Disputes - Part I: Armed Services Acquisitions - Prohibits payment upon request of any equitable adjustment to contract terms or of specified relief that exceeds the Simplified Acquisition Threshold unless the authorized person on behalf of the contractor certifies the request is in good faith and the supporting data, to the certifier's knowledge and belief, are accurate and complete. (Sec. 42501) Restricts future payment under law of subject agency contract claims. (Sec. 42502) Increases the period of submission of certain shipbuilding claims. Part II: Acquisitions Generally - Amends FJC to revise provisions regarding Federal court jurisdiction over contract disputes. Grants exclusive Federal jurisdiction to the United States Court of Federal Claims over any civil action or claim against the United States relating in any manner to a contract to which the Contract Disputes Act of 1978 applies. (Sec. 42552) Amends the Contract Disputes Act of 1978 to: (1) require contractor and Government claims (except claims by the Government against a contractor based on a contractor claim involving fraud) to be submitted for resolution within six years after the event giving rise to the claim; (2) raise thresholds for contracting officer certifications, decisions, and notifications; (3) raise the maximum amount for the small claims and accelerated procedures; (4) reduce the period for filing claim actions in Claims Court; (5) extend alternative dispute resolution authority; and (6) authorize district courts to request a board of contract appeals to provide the court with an advisory opinion on the matters of contract interpretation at issue. (Sec. 42554) Requires the FAR to include certain requirements for expedited resolution of contract administration complaints received from small business concerns. Title XLIII: Service Specific and Major System Statutes- Subtitle A: Major Systems Statutes - Modifies requirements with regard to major defense acquisition programs for: (1) independent cost and manpower estimates; and (2) program baseline descriptions and deviation reporting. (Sec. 3003) Repeals the mandate for competitive prototyping and alternative sources in major programs. Subtitle B: Testing Statutes - Declares that the Director of Operational Test and Evaluation (OTE Director) shall report directly to the Secretary of Defense. (Sec. 43012) Makes the OTE Director responsible for DOD's live fire testing activities. (Sec. 43013) Requires the OTE Director to submit to the Congress an unclassified as well as any classified version of the annual OTE report. Subtitle C: Service Specific Laws - Amends Federal law to allow the DOD Secretary to accept the gratuitous services of an officer of a reserve component (other than of the Air or Army National Guard) in consultation upon matters relating to the armed forces. (Sec. 43022) Authorizes the DOD Secretary and the secretaries of the military departments, in specified circumstances, to rent samples, drawings, and manufacturing or other information to others. (Sec. 43023) Authorizes the Secretary of the Air Force to contract for the use of military installations, for specified purposes, by Civil Reserve Air Fleet contractors. (Sec. 43024) Authorizes the international exchange of scientific personnel. (Sec. 43025) Repeals the Authority of the Secretary of the Navy to make expenditures from any naval appropriation for scientific investigations and research. (Sec. 43026) Repeals: (1) a specified prohibition with respect to the assignment of naval vessel conversion, alteration, and repair projects; and (2) the requirement for construction of naval vessels on the Pacific Coast. (Sec. 43029) Revises requirements with respect to naval salvage facilities. Subtitle D: Department of Defense Commercial and Industrial Activities - Repeals requirements on DOD for accounting procedures for contracted advisory and assistance services. (Sec. 43051) Codifies requirements for a separate consulting service category in the national budget. Subtitle E: Fuel- and Energy-Related Laws - Revises authority for storage, handling, and distribution of liquid fuels or natural gas. Subtitle F: Fiscal Statutes - Gives DOD the authority to designate disbursing officers within DOD. Subtitle G: Miscellaneous - Amends obligation of funds provisions on production, warehousing, and distribution of supplies, removing certain restricitons. (Sec. 43082) Repeals certain requirements regarding product evaluation and activities. (Sec. 43083) Codifies limitations on subject agency vessel, aircraft, and vehicle leases, with modifications. (Sec. 43084) Denies application to U.S.-manufactured soft drinks of the DOD Secretary's authority to provide for noncompetitive procurement of supplies and services from exchange stores outside the United States. (Sec. 43085) Amends Federal law to repeal a preference for procurement of recycled toner cartridges. Title XLIV: Simplified Acquisition Threshold and Socioeconomic, Small Business, and Miscellaneous Laws - Subtitle A: Simplified Acquisition Threshold - Part I: Establishment of Threshold - Amends OFPPA to establish a new simplified acquisition threshold (SAT) of $100,000, replacing the current small purchase threshold, for use also under the Small Business Act (SBA). Part II: Simplification of Procedures - Requires simplified procedures under the FAR for acquisitions under SAT. (Sec. 44013) Requires SAT to provide for certain fast payment procedures and for disbursement of payment through electronic fund transfer, whenever circumstances permit. (Sec. 44014) Amends OFPPA and SBA to: (1) provide for continuation of existing notice thresholds for procurements over $25,000 (except that the requirement to allow 30 days for bid and proposal submission would apply only to contracts or orders in excess of SAT); and (2) prescribe additional contents for notices with respect to contracts between $25,000 and $100,000. (Sec. 44015) Authorizes the Administrator for Federal Procurement Policy to develop and implement a Federal Government-wide architecture or design for electronic commerce having specified capabilities, including interoperability among users. Part III: Applicability of Laws to Acquisitions Not in Excess of Simplified Acquisition Threshold - Amends OFPP to authorize FAR to waive the applicability of future-enacted procurement laws on a class basis for contracts below SAT, unless the provision expressly prohibits such waiver. (Sec. 44022) Exempts: (1) subject agency contracts below SAT from contingent fees certifications, prohibitions on limiting subcontractor direct sales and doing business with certain subcontractors, the prohibition against persons convicted of defense-contract related felonies, and requirements for audits, supplier and supply source identification; (2) civilian agency contracts below SAT from similar requirements; (3) prime contracts below SAT from procedural and other requirements of the Anti-Kickback Act of 1986; and (4) contracts below SAT from provisions commonly referred to as the Miller Act (MA), the Contract Work Hours and Safety Standards Act, the Drug-Free Workplace Act of 1988. Requires FAR to provide alternatives to payment bonds as payment protections for suppliers of labor and materials on certain contracts under MA. Part IV: Conforming Amendments - Makes certain conforming amendments with respect to armed services and civilian agency acquisitions. Part V: Revision of Regulations - Requires the Federal Acquisition Regulatory Council to review FAR to identify and amend, as appropriate, regulations applicable to acquisitions below SAT. (Sec. 44081) Requires agency heads to take similar action with respect to applicable supplemental regulations, policies, and procedures. Subtitle B: Socioeconomic and Small Business Laws - Repeals: (1) obsolete reporting requirements under the Trade Agreements Act of 1979 pertaining to procurement of products produced in labor surplus areas; and (2) the Walsh-Healey Act (WHA), other than for certain definitional purposes. Repeals redundant requirements under FPASA regarding DBA and WHA applicability. (Sec. 44102) Amends SBA to repeal specified priorities for the award of Federal contracts and subcontracts to small businesses based on their relation to labor surplus areas. (Sec. 44103) Allows agency heads to: (1) restrict competition for certain non-defense contracts to small business concerns owned and controlled by socially and economically disadvantaged individuals; and (2) use a price evaluation preference of up to ten percent when evaluating an offer from such a concern as the result of an unrestricted solicitation. (Sec. 44104) Sets a Government-wide goal for participation by small business concerns owned and controlled by women at not less than five percent of the total value of all prime contract and subcontract awards for each fiscal year. (Sec. 44105) Directs the Administrator for the Federal Procurement Policy to conduct, and report to specified congressional committees on, a comprehensive review of Federal laws to identify and catalogue all provisions defining small business concerns owned and controlled by women, minority individuals, and socially and economically disadvantaged individuals. Requires the Administrator, on the basis of such review, to develop uniform definitions for such small business concerns for purposes of authorizing their participation as prime contractors or subcontractors in certain federally awarded or funded contracts. Subtitle C: Miscellaneous Acquisition Laws - (Sec. 44151) Prohibits the use of appropriated funds to assist DOD contractors in preparing any material, report, list, or analysis on the economic effect of certain acquisition programs in particular States or congressional districts. (Sec. 44152) States that it is the policy of Congress that no legislation should be enacted that requires subject and civilian agency procurements to be made from a specified non-Federal source, unless the law identifies the non-Federal source involved and states that the procurement is required in contravention of such policy. Title XLV: Acquisition Management - Subtitle A: Armed Services Acquisitions - Amends Federal law to declare that it is the policy of Congress that: (1) DOD should achieve, on average, 90 percent of the cost and schedule goals established for its R&D and acquisition programs without reducing the performance or capabilities of the items being acquired; and (2) the average period necessary or converting an emerging technology into initial operational capability for DOD should not exceed eight years. (Sec. 45001) Directs the DOD Secretary to: (1) approve or define the cost, performance, and schedule goals for major DOD defense acquisition programs; (2) identify and consider whether there is a continuing need for programs that are significantly behind schedule, over budget, or not in compliance with performance or capability requirements; and (3) review the incentives and personnel actions available for encouraging excellence in the defense acquisition workforce, and provide an advanced system of such incentives. (Sec. 45002) Directs the DOD Secretary to define in regulations a simplified acquisition program cycle that is results-oriented. (Sec. 45003) Amends the National Defense Authorization Act for Fiscal Year 1994 to authorize the DOD Secretary to designate specified defense acquisition programs for participation in a certain defense acquisition pilot program. Specifies actions the Secretary is to take in implementing the pilot program. Subtitle B: Civilian Agency Acquisitions - Amends FPASA set the policy of Congress with respect to 90 percent achievement of cost and schedule goals by civilian agency heads. Requires such agency heads to establish cost, performance, and schedule goals for major acquisition programs of their agencies. (Sec. 45051) Requires the Administrator for Federal Procurement Policy to review the incentives and personnel actions available for encouraging excellence in the Federal acquisition workforce, and provide an advanced system of such incentives. (Sec. 45052) Requires the Administrator for Federal Procurement policy to develop a results-oriented acquisition process for agency implementation in property and services acquisitions. Subtitle C: Miscellaneous - Amends OFPPA to establish an executive branch awards program to recognize and promote exceptional contract performance by Federal contractors. (Sec. 45092) Amends Federal law with respect to military department authority to acquire certain items to: (1) repeal the authority to acquire designs, processes, and manufacturing data; (2) add authority to acquire technical data and computer software; and (3) authorize acquisition of releases for unauthorized use of such data or software. Title XLVI: Standards of Conduct - Subtitle A: Ethics Provisions Revises OFPPA procurement integrity recusal, certification, training, and revolving door ban provisions, and adds rules of construction, harmonizes gratuities provisions with Government-wide ethics provisions, and makes changes in definitions under OFPPA's procurement integrity provisions. (Sec. 46002) Amends Federal criminal code financial interest provisions to cover persons who aid or abet violations. (Sec. 46003) Repeals several superseded and obsolete procurement ethics laws, including conflict of interest provisions in the Department of Energy Organization Act. Subtitle B: Additional Amendments - Amends OFPPA to prohibit the use of consultants to conduct evaluations or analyses of any aspect of an acquisition proposal if qualified Federal employees are available for the job. (Sec. 46051) Requires the FAR Council to review Federal regulations on use of advisory and assistance services and provide Federal agencies with appropriate guidance for determining whether expertise is available before contracting for such services to conduct acquisitions. (Sec. 46052) Repeals obsolete requirements for studies and a report on the extent of competition in the award of subcontracts by Federal prime contractors. (Sec. 46054) Doubles the waiting period required before significant changes proposed for acquisition regulations take effect, unless there are compelling circumstances for an earlier effective date. Subtitle C: Whistleblower Protection - Amends Federal law to specify the actions the DOD Secretary may take against a defense contractor for subjecting a whistleblower to a prohibited reprisal, including filing an action for enforcement in U.S. district court of any related order. (Sec. 46102) Amends OFPPA to prohibit agency contractor reprisals against a contractor employee for disclosure to a Member of Congress or an authorized Federal official of information relating to a substantial violation of law involving an agency contract. Provides for investigation of reprisal complaints and specifies actions an agency head may take against a contractor for subjecting a whistleblower to a prohibited reprisal, including filing an action for enforcement in U.S. district court of any related order. Title XLVII: Defense Trade and Cooperation - Repeals obsolete and redundant Buy American Act (BAA) provisions, and provisions under the Trade Agreements Act of 1970 relating to studies of BAA waivers. (Sec. 47002) Amends DOD provisions concerning defense memoranda of understanding and related agreements to replace references to such terms with International Cooperative Agreements and to expand the authorized scope of such agreements to cover logistics support. (Sec. 47003) Provides for limited waiver of restrictions on accrued reimbursable liabilities and credits for contingency operations. Authorizes the Secretary to furnish or receive communications support and related supplies on a reciprocal basis for a period not to exceed 90 days: (1) in order to meet emerging operational requirements; or (2) incident to a joint military exercise with the allied country. Title XLVIII: Commercial Items - Amends OFPPA to add new definitions of "commercial item," "nondevelopmental item," "component," and "commercial component." (Sec. 48002) Creates a preference for executive agency acquisition of commercial and other nondevelopmental items. Repeals DOD provisions creating a preference for the acquisition of nondevelopmental items. (Sec. 48003) Requires FAR to include: (1) uniform contract clauses for commercial item and component contracts; (2) requirements pertaining to market acceptance and the use of warranties, firm, fixed price contracts for commercial items, and past performance of items and sources as a factor in awarding contracts; and (3) provisions to permit reliance on existing quality assurance systems for commercial items. Terminates specified DOD authorities with respect to acquisition of commercial and nondevelopmental items. (Sec. 48004) Authorizes waiver on a class basis in FAR of the applicability of future enacted procurement laws to contracts and subcontracts for the acquisition of commercial items. (Sec. 48005) Provides for exemptions from requirements similar to those above under part III of subtitle A of title IV of this Act with respect to subject and civilian agency contracts for commercial items, and from requirements under the Federal Aviation Act of 1958, Federal Water Pollution Control Act, Clean Air Act, and OFPPA's procurement integrity certification provisions. (Sec. 48006) Amends OFPPA to authorize greater flexibility in setting deadlines for the submission of offers in contracts for the purchase of commercial items. (Sec. 48007) Establishes in the Office of Federal Procurement Policy the Advocate for Acquisition of Commercial and Nondevelopmental Items (replacing the current Advocate for the Acquisition of Commercial Products) for monitoring agency compliance with preference requirements and other duties regarding the acquisition of commercial and other nondevelopmental items. Gives agency competition advocates the added responsibility of promoting the acquisition of commercial and other nondevelopmental items. (Sec. 48009) Requires a CG review of Federal market research use for a report to the Congress. Title XLIX: Miscellaneous Provisions - Directs the CG to review and report to Congress on the independence of the legal services being provided to Inspectors General under the Inspector General Act of 1978. (Sec. 49002) Directs the GSA Administrator to issue guidelines to ensure that, to realize cost savings to the maximum extent practicable, agencies promote, encourage and facilitate the use of frequent traveler programs offered by airlines, hotels and car rental vendors by Federal employees who engage in official air travel. (Sec. 49003) Requires Federal agencies to resolve or take corrective action on all Office of Inspector General audit report findings within at most six months after their issuance, or, in the case of audits by non-Federal auditors, within six months after the Federal Government receives the report. (Sec. 49004) Requires the issuance of regulations mandating government-wide effect for provisions for the debarment, suspension, or other exclusion of a participant in a procurement activity under FAR, or in certain nonprocurement activities. Prohibits any Federal agency from allowing a party to participate in any procurement or nonprocurement activity if another agency has debarred, suspended, or otherwise excluded that party from such participation. Title L: Effective Dates and Implementation - Provides that the amendments made by this Act are effective upon enactment, except as otherwise provided. (Sec. 50002) Sets a schedule for publication in the Federal Register of proposed changes to FAR and such other proposed regulations (or changes to existing regulations) as may be necessary to implement this division. (Sec. 50003) Requires the CG to report to specified congressional committees on compliance with such the requirements of this title for issuance and implementation of regulations. (Sec. 50004) Requires modification of the Federal Procurement Data System to collect specified data from contracts exceeding SAT. Title LI: Waiver of the Application of the Prevailing Wage-Setting Requirements to Volunteers - Community Improvement Volunteer Act of 1994 - Waives application of Davis-Bacon Act prevailing wage-setting requirements to certain volunteers who: (1) perform a service on a federally-assisted public works or public construction project for a public or private entity for civic, charitable, or humanitarian reasons, without promise or expectation, or receipt of compensation other than specified expenses, reasonable benefits, or a nominal fee not tied to productivity; and (2) provide their services freely and without pressure or coercion, direct or implied, from an employer. (Sec. 51003) Declares that: (1) the contribution of service may not be for the benefit of any contractor otherwise performing or seeking to perform work on the same project; and (2) the volunteer may not be otherwise employed at any time under the federally assisted or insured contract or subcontract involved for construction with respect to the project for which the individual is volunteering. Prohibits the Secretary of Labor from approving any expense, benefit, or fee that has the effect of undermining labor standards by creating downward pressure on prevailing wages in the local construction industry.

Bill· SS. 2197 (103rd)referred

Illegal Immigration Control and Enforcement Act of 1994

United States · United States Congress · 15 June 1994

TABLE OF CONTENTS: Title I: Illegal Immigration Control and Enforcement Title II: Illegal Immigration Incentive Reduction Title III: Enhanced Smuggling Control and Penalties Title IV: Admissions and Document Fraud Control Title V: Asylum Reform Title VI: Border Crossing User Fee Illegal Immigration Control and Enforcement Act of 1994 - Title I: Illegal Immigration Control and Enforcement - Part A: Expanded Border Patrol, Support, Training, and Resources - Provides for: (1) increased Border Patrol personnel levels; (2) deployment in areas of high-illegal entry; (3) bilingual hiring preference; (4) improved training; and (5) technology and equipment transfer to the Department of Justice. Part B: Expanded Border Inspection Personnel, Support, and Facilities - Provides for: (1) increased border inspection personnel levels; (2) deployment in areas of high-illegal entry; and (3) improved border crossing infrastructure. Part C: Detention and Deportation - Amends the Immigration and Nationality Act (Act) to revise penalties for failure to depart, or reentry, after a final deportation order. (Sec. 134) Establishes a San Diego sector pilot program to test the effectiveness of interior repatriation in deterring multiple illegal entries by aliens into the United States. Part D: Enhanced Criminal Alien Deportation and Transfer - Amends the Act to expand the definition of "aggravated felony." (Sec. 142) Expedites deportation proceedings for non-immigrant aliens convicted of an aggravated felony. (Sec. 143) Provides for judicial deportation of an alien convicted of an aggravated felony. (Sec. 144) Restricts certain deportation defenses. (Sec. 146) Authorizes the Secretary of State with the Attorney General to negotiate agreements with foreign countries for home-country incarceration of aliens subject to U.S. deportation. Authorizes appropriations. Title II: Illegal Immigration Incentive Reduction - Part A: Public Benefits Control - Prohibits direct Federal assistance or benefits (with specified exceptions) and unemployment benefits to unlawful aliens (as defined by this Act). (Sec. 214) Authorizes States and localities to limit general public assistance to aliens or classes of aliens. Part B: Employer Sanctions Support - Authorizes the hiring of additional INS investigators and staff to enforce employer sanctions. Part C: Enhanced Wage and Hour Laws - Authorizes additional Department of Labor hiring to enforce employer wage and hour law sanctions. (Sec. 232) Authorizes the hiring of additional Assistant United States Attorneys to help preclude illegal immigration. Part D: Authorization Verification - Requires the Attorney General and the Secretary of Health and Human Services to develop and implement a counterfeit-resistant system to verify work and public assistance eligibility. Title III: Enhanced Smuggling Control and Penalties - Amends the Act to increase alien smuggling penalties, including death penalty provisions for an alien-smuggling related death. (Sec. 302) Amends Federal criminal law to establish death penalty procedures related to alien smuggling. (Sec. 304) Brings alien smuggling operations under the purview of the Racketeer Influenced and Corrupt Organizations (RICO) provisions. (Sec. 305) Amends the Act to expand INS forfeiture authority for smuggling or harboring illegal aliens. (Sec. 306) Amends Federal criminal law to authorize INS wiretaps for alien smuggling investigations. Title IV: Admissions and Document Fraud Control - Part A: Port of Entry Inspections - Amends the Act to create grounds for exclusion of an alien who uses: (1) a fraudulent document to enter the United States, or to board a common carrier for such purpose; or (2) 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 the alien had a credible fear of persecution. (Sec. 412) 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. Part B: Enhanced Penalties - Increases document fraud penalties. (Sec. 422) Establishes criminal penalties for failure to disclose one's role as the preparer of fraudulent documents. Title V: Asylum Reform - Establishes civil and criminal penalties for frivolous asylum applications. (Sec. 502) Authorizes the Attorney General to limit an asylee's U.S. work authorization. (Sec. 503) Provides temporary personnel and acquisition resources to help reduce the asylum backlog. Title VI: Border Crossing User Fee - Amends the Act to impose a $1 land border and port of entry user fee. Requires such fees' deposit in the Land Border and Port of Entry User Fee Account. Authorizes appropriations for activities under this Act.

Law· SS. 2182 (103rd)enacted

National Defense Authorization Act for Fiscal Year 1995

United States · United States Congress · 14 June 1994

TABLE OF CONTENTS: Division A: Department of Defense Authorizations Title I: Procurement Title II: Research, Development, Test, and Evaluation Title III: Operation and Maintenance Title IV: Military Personnel Authorizations Title V: Military Personnel Policy Title VI: Compensation and Other Personnel Benefits Title VII: Health Care Provisions Title VIII: Acquisition Policy, Acquisition Management, and Related Matters Title IX: Department of Defense Organization and Management Title X: General Provisions Division B: Military Construction Authorizations Title XXI: Army Title XXII: Navy Title XXIII: Air Force Title XXIV: Defense Agencies Title XXV: North Atlantic Treaty Organization Infrastructure Title XXVI: Guard and Reserve Forces Facilities Title XXVII: Expiration of Authorizations Title XXVIII: General Provisions Division C: Department of Energy National Security Authorizations and Other Authorizations Title XXXI: Department of Energy National Security Programs Title XXXII: Defense Nuclear Facilities Safety Board Authorization Title XXXIII: National Defense Stockpile Title XXXIV: Civil Defense Title XXXV: Panama Canal Commission National Defense Authorization Act for Fiscal Year 1995 - Limits the total amount authorized to be appropriated for FY 1995 under provisions of this Act to $263.13 billion. Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1995 for procurement for the Army, Navy and Marine Corps, and Air Force. Authorizes appropriations for FY 1995 for: (1) defense-wide procurement; (2) the National Guard and reserve components of the armed forces; and (3) the chemical demilitarization program. Authorizes the Department of Defense (DOD) to obligate and expend specified prior-year authorized but unobligated defense research and development (R&D) funds for such program. Subtitle B: Army Programs - Authorizes the Secretary of the Army to enter into multiyear procurement contracts for procurement of the M1A2 Abrams tank upgrades. (Sec. 112) Directs the Secretary of the Army to transfer one M1A1 common tank to the Marine Corps Reserve by a conditional date. (Sec. 113) Allows certain funds available to the Army to be used for a replacement surveillance system for the OV-1 aircraft deployed in Korea. (Sec. 114) Earmarks Army procurement funds authorized under this Act for the procurement of specified small arms. Authorizes the Secretary of the Army to enter into multiyear contracts during FY 1995 for the Army's acquisition of small arms weapons. Directs the Secretaries of the military departments to jointly develop a master plan for meeting the immediate and future military needs for small arms. Earmarks funds for the objective Crew-Served Weapons System and for improvements to existing small arms weapons. Subtitle C: Navy Programs - Transfers $1.2 billion from the National Defense Sealift Fund for the CVN-76 nuclear aircraft carrier program. Subtitle D: Air Force Programs - Authorizes the Secretary of the Air Force to enter into supplemental agreements relating to the settlement of claims under the C-17 aircraft program, requiring certain settlement conditions. Requires a 30-day congressional notification period. Subtitle E: Other Matters - Earmarks $150 million in Air Force procurement funds authorized under this Act for the preservation of the B-2 bomber industrial base. Prohibits any such funds from being used to purchase B-2 parts not previously acquired or planned. Exempts such funds from certain limitations on total program costs. (Sec. 142) Earmarks funds authorized under this Act for the procurement of electric and hybrid vehicles for military uses and the commercialization of such vehicles for nonmilitary uses. Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1995 for the armed forces for research, development, test, and evaluation (RDTE). Authorizes appropriations for the Director, Test and Evaluation and the Director, Operational Test and Evaluation. Earmarks specified RDTE funds for: (1) basic research and exploratory development projects; and (2) the Strategic Environmental Research and Development Program. Subtitle B: Program Requirements, Restrictions, and Limitations - Directs the Secretary of Defense (Secretary) to continue the demonstration and validation of kinetic energy antisatellite technologies under the tactical antisatellite technologies program. (Sec. 212) Directs the Secretary to transfer: (1) from the Secretary of the Air Force to the Secretary of the Navy, before October 1, 1995, responsibility for management and funding for the MILSTAR communications satellite program; and (2) to the National Aeronautics and Space Administration (NASA) the unobligated balance of funds appropriated to DOD for single-stage to orbit rocket R&D. (Sec. 214) Limits the use of funds appropriated under this Act in connection with: (1) the dismantling of intercontinental ballistic missiles (ICBMs); and (2) seismic monitoring research of nuclear explosions. (Sec. 216) Provides specified requirements before funds appropriated under this Act may be used to procure work from a federally funded R&D center. Reduces by $52.65 million the total amount authorized for RDTE under this title. Subtitle C: Missile Defense Programs - Requires reviews of the compliance with Antiballistic Missile Treaty requirements of the Brilliant Eyes and Navy Upper Tier ballistic missile defense systems. (Sec. 222) Amends the Missile Defense Act of 1991 to repeal provisions concerning: (1) the exclusive program elements for the Ballistic Missile Defense program; (2) R&D for such elements; and (3) Strategic Defense Initiative funding. (Sec. 223) Prohibits the obligation of Ballistic Missile Defense Organization program funds until the Secretary submits a report required under the National Defense Authorization Act for Fiscal Year 1994. Subtitle D: Defense Conversion, Reinvestment, and Transition Assistance Matters - Earmarks and allocates R&D funds authorized under this Act for the defense reinvestment program. Allows such funds to be utilized for related FY 1994 projects. (Sec. 232) Directs the Secretary, with respect to specified technology reinvestment programs, to consider a partnership proposal submitted by a small business without regard to the ability of the small business to immediately meet its share of anticipated partnership costs. Allows such firms 120 days to meet such financial requirements. Requires the Secretary, in establishing or providing financial support of partnerships and cooperative arrangements under defense technology reinvestment projects, to ensure that the principal economic benefits of such partnerships or arrangements accrue to the U.S. economy. (Sec. 234) Directs the Secretary to conduct a program to promote cooperation between DOD laboratories and industry on R&D of dual-use (military and civilian) technologies in order to further certain national security objectives. Outlines program requirements. Directs the Secretary of the Navy to conduct a similar program for cooperation between the Navy and industry on the R&D of such technologies. Provides funding for such programs. Subtitle E: Other Matters - Authorizes the Secretary to enter into cooperative R&D projects with NATO organizations. (Currently, such cooperative projects are permitted only with major U.S. allies.) (Sec. 242) Directs the Secretary to continue the Defense Women's Health Research Program. Requires all military departments to participate in Program activities. Adds to authorized Program activities. Requires an implementation plan and provides funding. (Sec. 243) Amends the National Defense Authorization Act for Fiscal Years 1988 and 1989 to require an annual report to the Congress from the Semiconductor Technology Council. (Sec. 244) Directs the Secretary of the Navy to report to the Congress on the oceanographic survey and R&D requirements needed to support Navy operations in littoral regions. (Sec. 245) Earmarks funds for completion of certain upgrades at the Los Alamos National Laboratory, New Mexico. (Sec. 246) Authorizes the Secretary to waive certain live-fire testing requirements for the F-22 aircraft program. Requires a certification to the Congress if such testing is determined to be unreasonably expensive and impractical. Provides funds for alternative live-fire testing. (Sec. 247) Earmarks funds for the University Research Initiative Support Program. (Sec. 248) Directs the Secretary to establish a Manufacturing Science and Technology Program to further certain national security objectives. Requires competitive procedures. Provides funding. (Sec. 249) Directs the Secretary to carry out a Defense Experimental Program to Stimulate Competitive Research as part of the DOD university research programs. Specifies program objectives and provides for the designation of eligible States. Requires coordination with similar Federal programs. Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1995 for operation and maintenance for the armed forces (including its reserve and National Guard components), defense-wide activities, defense medical programs, the National Board for the Promotion of Rifle Practice, the Defense Inspector General, drug interdiction and counter-drug activities, defense, the Court of Military Appeals, environmental restoration, defense, humanitarian assistance, former Soviet Union threat reduction, international peacekeeping and peace enforcement activities, and support for the 1996 Summer Olympics. Authorizes appropriations for DOD working capital funds. (Sec. 303) Authorizes appropriations for operations of the armed forces retirement homes. Obligates specified funds for operation and maintenance for FY 1995 from the National Security Education Trust Fund and from the National Defense Stockpile Transaction Fund. (Sec. 306) Authorizes the Secretary to provide logistical support and personnel services in connection with the 1995 Special Olympics World Games in New Haven, Connecticut. Authorizes appropriations. Subtitle B: Defense Business Operations Fund - Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to make permanent the authority of the Secretary to use the Defense Business Operations Fund (Fund) to manage the working capital funds as well as industrial, commercial, and support-type activities. (Sec. 312) Directs the Secretary to report to the Senate and House Armed Services Committees (defense committees) on implementation of the Fund's Improvement Plan of September 1993. Requires the Comptroller General to monitor and evaluate the progress of such implementation and to report to the defense committees. (Sec. 313) Limits to $1.5 million the FY 1995 obligations against funds in the capital asset subaccount of the Fund. Limits the FY 1995 obligations against the supply management divisions of the Fund, with a waiver by the Secretary for combat readiness purposes. Subtitle C: Environmental Matters - Prohibits the use of FY 1995 DOD funds for the purchase of surety bonds or other guarantees of financial responsibility in guaranteeing the performance of any direct function of DOD. (Sec. 322) Extends through FY 1995 the prohibition on the use of DOD environmental restoration funds for the payment of fines or penalties assessed against DOD. (Sec. 323) Allows any federally recognized Indian tribe to participate in DOD environmental restoration programs. Subtitle D: Matters Relating to Department of Defense Civilian Employees - Extends certain military personnel transition assistance authorities. (Sec. 332) Extends permanently the China Lake personnel demonstration project at China Lake, California. Authorizes the Secretary to carry out such projects at designated DOD science and technology reinvention laboratories. (Sec. 333) Provides limitation on severance pay to certain DOD civilian employees transferring to employment positions in defense nonappropriated fund instrumentalities. Provides credit, for retirement purposes, for certain service performed in such instrumentalities between January 1, 1966, and December 31, 1986. (Sec. 335) Provides travel, transportation, and relocation allowances for DOD employees transferring to the U.S. Postal Service. (Sec. 336) Includes foreign nationals employed by a foreign government for the benefit of DOD among the foreign nationals for whom separation pay is authorized. (Sec. 337) Expands DOD's authority to accept and utilize voluntary services, with certain requirements and limitations. Allows the Secretary to reimburse a person for incidental expenses incurred in providing such services. Subtitle E: Other Matters - Requires the Secretary to ensure that the current performance by DOD of a depot-level maintenance workload having a value of $3 million or more is not changed to performance by contractor or another depot-level maintenance activity of DOD unless the change is made using: (1) maintenance-based selection procedures among all DOD depot-level maintenance activities; or (2) competitive procedures among private and public sector entities. (Sec. 342) Authorizes the Secretary of the Air Force to: (1) provide funds for the national headquarters of the Civil Air Patrol; and (2) allow the Patrol to employ retired Air Force personnel in administration and liaison officer positions. (Sec. 343) Increases from 50 cents to two dollars the amount authorized to be deducted monthly from the pay of military personnel and used in support of armed forces retirement homes. Modifies the fee paid by residents of such homes. Directs the Chairman of the Armed Forces Retirement Home Board to study, and report to the defense committees on, alternatives for modernization of the facilities at the U.S. Soldiers' and Airmen's Home. (Sec. 344) Amends the National Defense Authorization Act for Fiscal Year 1993 to include medical transportation as one of the benefits under the National Guard pilot program. (Sec. 345) Authorizes the Secretary of the Army, after obtaining advanced budget authority, to carry out a loan guarantee program to encourage commercial firms to use ammunition manufacturing facilities pursuant to provisions of the Armament Retooling and Manufacturing Support Act of 1992. Provides for program administration, loan limits, and reporting requirements. Extends the authority for such alternative use through FY 1996. (Sec. 346) Authorizes the Secretary of Defense, upon determining that appropriate educational programs are not available through a local educational agency for dependents of military and civilian DOD personnel residing at a military installation in the United States, to provide for the elementary and secondary education of such dependents. Provides eligibility for such education to dependents of other Federal employees residing on a military installation at any time during the school year. Requires the Secretary to establish a school board for each DOD elementary and secondary school so established. Provides for school administration, staffing, and compensation. Requires the Secretary to provide specified substantive rights, protections, and procedural safeguards for dependents participating in the educational programs. Earmarks certain funds authorized under this Act for assistance to local educational agencies that benefit dependents of military and civilian DOD personnel. (Sec. 348) Allows proceeds from operation of the naval academy laundry to be used for its operating expenses. (Sec. 349) Repeals the annual limit on the amount of funds authorized to be expended by the Defense Inspector General for emergency and extraordinary expenses. (Sec. 350) Amends the National Defense Authorization Act for Fiscal Year 1993 to extend through FY 1996 the authority for a program to commemorate World War II. (Sec. 351) Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1995 the authority for aviation depots and naval shipyards to engage in defense-related production and services. (Sec. 352) Provides for the transfer of certain excess DOD property to educational institutions and training schools. Provides for the surplus treatment of property so loaned before September 30, 1993. (Sec. 353) Amends the National Defense Authorization Act for Fiscal Year 1994 to repeal a provision requiring the conversion of naval ships' stores from an activity funded by direct appropriations to one funded by nonappropriated fund instrumentalities. (Sec. 354) Authorizes the Secretary to carry out a humanitarian program providing for instruction, education, training, and advising of personnel of other nations in procedures for detecting and clearing landmines. Provides funding. (Sec. 355) Earmarks funds authorized under this Act for obtaining emergency communications services for military personnel (and their dependents) from the American National Red Cross. (Sec. 356) Allows no more than three foreign-built vessels to be purchased for the Marine Corps maritime prepositioning ship program with funds in the National Defense Sealift Fund. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Authorizes the FY 1995 end strengths for active duty military personnel. (Sec. 402) Extends through FY 1997 the authority for the temporary variation in end strength limitations for Marine Corps majors and lieutenant colonels. (Sec. 403) Allows an authorized strength of 68 general officers on active duty in the Marine Corps after FY 1995. (Sec. 404) Excludes certain commanders or deputy commanders of combatant or allied commands from the limitation on the number of officers serving on active duty. (Sec. 405) Excludes, upon certain conditions, the next Superintendent of the U.S. Naval Academy from the number of senior admirals authorized to be serving on active duty. Subtitle B: Reserve Forces - Authorizes the FY 1995 end strengths for reserve and National Guard personnel. Allows the Secretary to increase such end strengths by up to two percent. Provides for certain end strength adjustments for members of the Selected Reserve. Sets forth the end strength for members of the reserve serving on active duty in support of the reserve. Subtitle C: Military Training Student Loads - Provides the authorized average military training student loads for FY 1995. Subtitle D: Authorization of Appropriations - Authorizes $70.79 billion to DOD for FY 1995 for military personnel. Subtitle E: Other Matters - Amends the National Defense Authorization Act for Fiscal Year 1993 to repeal a provision requiring a specified reduction in recruiting personnel. Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Allows certain officers to serve on successive military selection boards. (Sec. 502) Excepts certain warrant officers from mandatory consideration by promotion selection boards. States that a warrant officer shall be considered to have accepted a higher appointment on the date of the appointment, unless the officer expressly declines. Precludes a new oath of office for promoted warrant officers who have served continuously since taking their original oath of office. (Sec. 503) Provides for either enlistment or retirement of Navy and Marine Corps limited duty officers who have twice failed in selection for promotion. (Sec. 504) Revises the educational requirements for appointments in reserve grades above first lieutenant or lieutenant junior grade. Provides an exception to the baccalaureate degree requirement for Native Alaskans serving as Scout officers in a reserve unit. Subtitle B: Reserve Component Matters - Directs the Secretary to review, and report to the defense committees on, the opportunities for ordering individual reservists to active duty with their consent. (Sec. 512) Extends from 90 to 180 days the authorized period of active duty service for Selected Reserve forces mobilized for reasons other than war or national emergency. Requires a report. (Sec. 513) Repeals obsolete Federal provisions relating to the transfer of regular enlisted personnel to reserve components. Subtitle C: Other Matters - Directs the Secretary of the Army to review two dismissals from the U.S. Military Academy in 1874 and 1882, respectively, in order to determine whether racial prejudice or other improper factors tainted the original proceedings. Requires a correction of records or the presidential issuance of a posthumous commission as Army officers for such personnel if the dismissals were found to have been an error or injustice. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives a required military pay raise in conformity with increases in the General Schedule of the Federal Government and provides for a 2.6 percent increase, effective on January 1, 1995, in the rates of basic pay, basic allowance for subsistence, and basic allowance for quarters. Subtitle B: Bonuses and Special and Incentive Pays - Extends through FY 1996 the authority for certain bonuses and special and incentive pay for reserve personnel. Extends through FY 1998 certain bonuses and special pay for nurse officer candidates, registered nurses, and nurse anesthetists (increasing the special pay for the latter). Extends the authority for the payment of certain other bonuses and special pay. Subtitle C: Travel and Transportation Allowances - Transfers from the Secretary of the Army to the Secretary of Defense responsibility for the preparation of transportation mileage tables (used for travel allowance determination purposes). Subtitle D: Retired Pay and Survivor Benefits - Revises a provision concerning the calculation of retired pay for officers retiring in a grade lower than the grade held at retirement. (Sec. 632) Provides for the crediting of certain reserve service performed by enlisted personnel in the computation of retired military pay, using a special formula. (Sec. 633) Amends the Federal criminal code to provide forfeiture of military annuities or retired pay for members convicted of espionage. Subtitle E: Defense Conversion, Reinvestment, and Transition Assistance Matters - Provides, for personnel retired under the special temporary retirement authority, eligibility for Servicemen's Group Life Insurance coverage. Requires payment of appropriate premiums. (Sec. 642) Amends the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 to provide an annual payment for at least one but no more than five years to members retired under the National Guard and reserve transition initiative. (Currently, a five-year payment is required.) Adds provisions concerning the computation of the annual payment and its coordination with retired pay. (Sec. 643) Increases the eligibility and application periods for former military personnel wishing to enter a DOD program for assistance in obtaining certification and employment as teachers or teachers' aides. (Sec. 644) Revises Federal provisions concerning the authority of the Secretary to assist separated members to obtain employment with law enforcement agencies to: (1) include within such employment work with Indian tribes in which law enforcement functions are performed; (2) increase eligibility for such assistance to any member or former member who is separated during the six-year period beginning October 1, 1993, under honorable conditions; (3) provide preferences for involuntarily separated personnel or those having an occupational specialty, training, or experience related to law enforcement; (4) require the Attorney General (currently the Secretary) to administer the program and distribute grant funds; (5) limit individual grants to $50,000; (6) limit program administrative expenses to ten percent; and (7) require sufficient appropriated funds before a former member may be selected to participate in the program. (Sec. 645) Amends the National and Community Service Act of 1990 to prohibit certain retired pay reductions in the case of a former member being paid as a member of the cadre of the Civilian Community Corps. Subtitle F: Other Matters - Provides eligibility for retirement, placement on the temporary disability retired list, or separation for officer candidates granted excess leave due to a physical disability. (Sec. 652) Allows members of the Selected Reserve in good standing to use morale, welfare, and recreation facilities on the same basis as active duty personnel. Provides the same privilege for: (1) retirees under the age of 60; (2) members of the Ready Reserve not in the Selected Reserve; and (3) dependents of members of the Selected Reserve. (Sec. 653) Authorizes the Secretary to carry out a program to provide special supplemental food benefits to military personnel on duty at stations outside the United States, as well as eligible civilians serving with, employed by, or accompanying such personnel. (Sec. 654) Authorizes the military Secretary concerned, the Judge Advocate General of a military department, or the Chief Counsel of the Coast Guard to reimburse a member of the armed forces in an amount up to $100,000 for losses of household effects caused by hostile action during a move necessitated by a change of permanent duty station. Allows such reimbursement only to the extent that the loss is not covered by applicable insurance. Applies such coverage with respect to losses incurred after June 30, 1990. Title VII: Health Care Provisions - Revises the definition of dependents, for purposes of eligibility for health care benefits under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS), to include an unmarried person placed in the home of a member or former member of the armed forces in anticipation of legal adoption. (Sec. 702) Authorizes the Secretary to establish basic dental benefit plans for spouses and children who accompany military personnel on permanent assignments outside the United States. (Sec. 703) Provides conditions under which medical and dental care shall be authorized for abused dependents of military personnel who are convicted for such abuse by court-martial or civil court. (Sec. 704) Provides for the coordination of CHAMPUS benefits with those provided under title XVIII (Medicare) of the Social Security Act. (Sec. 705) Provides reimbursement to CHAMPUS health care providers for the cost of obtaining a professional license when such license is required by the local government involved. (Sec. 706) Directs the Secretary to develop, carry out, and report on a demonstration program to evaluate the feasibility and desirability of furnishing chiropractic care through the medical facilities of the armed forces. Requires the Secretary to establish an oversight advisory committee for assistance in the development and conduct of the demonstration program. (Sec. 707) Amends the National Defense Authorization Act for Fiscal Year 1993 to state that the annual CHAMPUS health survey required under such Act shall not be treated as a "collection of information" as such term is used in Federal provisions concerning information policy. (Sec. 708) Amends the Social Security Act to establish a Medicare special enrollment period for certain military retirees and their dependents when their military treatment facility has closed. Provides for: (1) coverage periods for such enrollments; and (2) DOD payment on behalf of such enrollees of the Medicare Part B late enrollment penalty. (Sec. 709) Amends the National Defense Authorization Act for Fiscal Year 1993 to allow individuals who obtained pharmaceuticals at a closed military health care facility to participate in a DOD program providing for the sale by mail of pharmaceuticals to eligible military personnel and their dependents. Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Use of Merit Based Selection Procedures - Expresses as congressional policy that any program, project, or technology identified in legislation should be procured through merit-based selection procedures. Prohibits DOD from being required to award a new contract or grant to a specific non-Government entity unless strict conditions are met. Requires congressional notification of attempted exceptions to such prohibition. (Sec. 802) Extends permanently an annual reporting requirement on the use of competitive procedures for awarding certain contracts to colleges and universities. Subtitle B: Acquisition Assistance Programs - Earmarks specified funds authorized under this Act for the defense procurement technical assistance programs. Earmarks other funds authorized under this Act for: (1) the pilot Mentor-Protege Program; and (2) infrastructure assistance for historically Black colleges and other minority institutions. (Sec. 814) Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to extend through FY 1998 a test program for the negotiation of comprehensive small business subcontracting plans. (Sec. 815) Prohibits the expenditure of funds authorized by this Act for specified acquisition activities until the Secretary takes action with respect to: (1) issuing regulations with respect to small business subcontracting set asides and bid proposals; and (2) DOD policy regarding the Mentor-Protege Program. Subtitle C: Other Matters - Prohibits the use of funds for specified acquisition activities pending submission to the Congress by the Secretary of a national technology and industrial base periodic defense capability assessment and a periodic defense capability plan. (Sec. 822) Directs the President to take certain required industrial mobilization actions through the head of any military department (currently, through the Secretary). (Sec. 823) Amends the National Defense Authorization Act for Fiscal Year 1993 to extend permanently the authority for DOD to share equitably the costs of claims under international armaments cooperative programs. (Sec. 824) Specifies factors to be considered by the Secretary when determining whether the application of certain provisions of the Buy American Act is inconsistent with the public interest. Title IX: Department of Defense Organization and Management - Subtitle A: Secretarial Matters - Establishes the 11th position of Assistant Secretary of Defense. Places the General Counsel of each of the military departments third in the order of succession to the Secretaries of such departments. Subtitle B: Commission on Roles and Missions of the Armed Forces - Amends the National Defense Authorization Act for Fiscal Year 1994 to require the Commission on Roles and Missions of the Armed Forces to review the role of the National Guard and other reserve components. Directs the Secretary, upon request, to make available to the Commission the services of one or more federally funded R&D centers covered by DOD sponsoring agreements. Subtitle C: Other Matters - Requires (current law authorizes) the inclusion within the membership of the Reserve Forces Policy Board of an officer of the regular Marine Corps and a regular military officer serving in a position on the Joint Staff. (Sec. 922) Prohibits the closure of the Uniformed Services University of the Health Sciences. Expresses the sense of the Congress that the Secretary should budget for the ongoing operation of the University. (Sec. 923) Authorizes the Secretary to provide joint duty credit for certain duty performed during military operations in support of unified, combined, or United Nations military operations. Title X: General Provisions - Subtitle A: Financial Matters - Authorizes the Secretary, in the national interest, to transfer amounts of authorizations made available to DOD in Division A for FY 1995 between any such authorizations for that fiscal year. Limits to $2 billion the total amount authorized for such transfers. Requires notification to the Congress of any transfers so made. (Sec. 1002) Authorizes emergency supplemental appropriations for FY 1994 for costs of ongoing U.S. operations in Somalia, Bosnia, Southwest Asia, and Haiti. Allocates such funds among military personnel, operation and maintenance, and procurement. (Sec. 1003) Changes the date for submission of the DOD future-years mission budget from the same time as submission of the defense budget each year to 60 days after such date. Subtitle B: Matters Relating to Allies and Other Nations - Amends the: (1) National Defense Authorization Act for Fiscal Year 1993 to repeal a limitation on overseas U.S. end strengths; and (2) National Defense Authorization Act, 1985, to revise the end strengths of U.S. military personnel assigned to permanent duty ashore in European member nations of NATO. (Sec. 1013) Earmarks funds authorized under this Act for cooperative threat reduction with states of the former Soviet Union under the Cooperative Threat Reduction Act of 1993. Extends certain semiannual reporting requirements under such Act. (Sec. 1014) Expresses congressional findings concerning defense cooperation between the United States and Israel. Encourages the President to ensure that any conventional defense system or technology offered for release to NATO allies should be simultaneously offered to Israel. Urges the President to make available to Israel advanced U.S. technology necessary for continued progress in U.S.-Israel R&D of theater missile defenses. (Sec. 1015) Authorizes the Secretary to conduct military-to-military contacts and comparable activities designed to encourage a democratic orientation of defense establishments and military forces of other countries. Provides funding. (Sec. 1016) Authorizes the President to conduct disaster relief activities outside the United States to respond to manmade or natural disasters when necessary to prevent the loss of lives. Requires a report to the Congress within 48 hours after commencement of such activities. Provides funding. Subtitle C: Nonproliferation and Counterproliferation of Weapon Systems and Related Systems - Amends the National Defense Authorization Act for Fiscal Year 1993 to: (1) extend through FY 1995 the authority for certain nuclear nonproliferation activities under such Act; (2) add to the purposes of such Act the prevention of biological, chemical, and missile proliferation; and (3) define FY 1995 funding sources for such activities. (Sec. 1022) Amends the National Defense Authorization Act for Fiscal Year 1994 to: (1) redesignate the Nonproliferation Program Review Committee as the Counterproliferation Program Review Committee; (2) designate the Secretary of Energy as the Vice Chairman of the Committee; (3) add to Committee purposes the coordination and funding of DOE related programs and R&D; (4) repeal various provisions concerning purposes, duties, and budget recommendations of the Committee; and (5) terminate the Committee after September 30, 1996. (Sec. 1023) Directs the Secretary to submit annual reports to the appropriate congressional committees on findings of the above Committee. (Sec. 1024) Earmarks funds authorized under this Act for: (1) counterproliferation activities; and (2) education in support of such activities. (Sec. 1025) Prohibits DOD travel funds from being expended for travel by the Assistant Secretary for International Security Policy until the Secretary submits certain reports and certifications required under prior law concerning the proliferation of foreign military satellites. Subtitle D: Peace Operations - Directs the Secretary to submit to the defense committees two reports on U.S. proposals for improving United Nations (UN) management of peace operations. (Sec. 1032) Expresses the sense of the Congress concerning support for international peacekeeping and peace enforcement activities. Authorizes the Secretary to: (1) pay the U.S. fair share of such activities in which U.S. combat forces participate; and (2) furnish assistance, on a reimbursable basis, in support of such activities. Requires 15 days' advance notice to designated congressional committees before the Secretary may take either action, with certain determinations to be included in such notice. Directs the President to require reimbursement from the UN or another source for the use of U.S. armed forces in support of such activities or for the provision of assistance. Allows the waiver of such reimbursement in exceptional circumstances. Establishes the Contributions for International Peacekeeping and Peace Enforcement Activities Fund for paying assessments for UN operations under the program. Prohibits the payment of such assessments when U.S. combat forces are not involved. Authorizes appropriations for FY 1995 for the Fund. Subtitle E: Reporting Requirements - Expresses congressional findings, and requires a report from the Secretary to the defense committees, with respect to the status of the offensive biological warfare program in the Russian Federation and other independent states of the former Soviet Union. (Sec. 1042) Specifies reporting requirements which are not to be considered terminated under the National Defense Authorization Act for Fiscal Year 1994. Subtitle F: Acceptance of Pre-release Services of Nonviolent Offenders - Authorizes the Secretary of a military department to accept specified services from nonviolent offenders incarcerated in a correctional facility of a State or local government. Provides: (1) conditions for acceptance of such services; and (2) specific limits on payments to State or local governments for the costs incurred in the provision of such services. Prohibits compensating any offender for services provided. (Sec. 1052) Amends the National Defense Authorization Act for Fiscal Year 1994 to add provisions which assure U.S. indemnification in connection with provision by the Secretary of prerelease employment training to nonviolent offenders incarcerated in State penal systems. (Sec. 1053) Authorizes the Secretary of the Army to conduct a demonstration project to test the feasibility of using Army facilities to provide employment training to nonviolent offenders in a State penal system prior to their release from incarceration. Subtitle G: Other Matters - Redesignates: (1) the U.S. Court of Military Appeals as the U.S. Court of Appeals for the Armed Services; and (2) the Court of Military Review as the Court of Military Criminal Appeals. (Sec. 1062) Directs the Secretary to designate a DOD official to serve as a single point of contact for immediate family members of any unaccounted-for Korean conflict or Cold War prisoner of war (POW) or missing in action (MIA). Outlines appropriate functions for such official. (Sec. 1063) Authorizes members and units of the National Guard to provide assistance to specified youth and charitable organizations if such assistance does not hamper the performance of duty, is not otherwise commercially available, and will enhance the Guard's military skills while not resulting in a significant increase in training costs. Provides authorized services and eligible organizations. (Sec. 1064) Prohibits any person, except with the written consent of the Secretary, from knowingly using the words "Defense Mapping Agency" or its initials, seal, or other imitations in connection with any merchandise. Prohibits any person from bringing an action against the United States on the basis of the content of a navigational aid prepared by such Agency. (Sec. 1065) Authorizes the Secretary of the Navy to transfer to Brazil specified naval vessels on a lease basis. Waives the requirement of a congressional notification. Requires transfer costs to be borne by Brazil. Terminates such transfer authority two years after enactment of this Act, but allows for the renewal of leases entered into during such period. (Sec. 1066) Directs the Secretary of the Army to transfer to the Marine Corps any Army M1A1 tanks that become excess to the requirements of the regular Army, up to the amount needed to satisfy the Marine Corps requirement for tanks. (Sec. 1067) Prohibits any funds available to DOD from being expended to merge defense telecommunications systems with any civil telecommunications system until the Secretary reports certain information to the congressional committees and 30 days have elapsed. Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 1995 - Title XXI: Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary, using specified amounts, to construct or acquire military family housing units, to carry out architectural planning and design activities, and to improve existing military family housing units. Authorizes appropriations to the Army for fiscal years after 1994 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized in this title. Amends the Military Construction Authorization Act for Fiscal Year 1992 to: (1) reduce the amount authorized for military construction projects at Fort Hunter Liggett, California; and (2) increase by a corresponding amount the sum authorized for such projects at Fort Stewart, Georgia. Title XXII: Navy - Provides, with respect to the Navy, authorizations paralleling those provided for the Army under title XXI. Allows certain prior-year funds to be expended for a construction project at the Naval Supply Center, Pensacola, Florida. Directs the Secretaries of Transportation and the Navy to enter into an agreement providing for the relocation of the activities and functions of the Pascagoula Coast Guard Station to the Pascagoula Naval Station, Mississippi. Authorizes the Secretary of the Navy to carry out construction design activities for the Mayport Naval Station, Florida. Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under title XXI. Amends the Military Construction Authorization Act for Fiscal Year 1994 to: (1) increase the amount authorized for a military construction project at Tyndall Air Force Base, Florida; and (2) increase the number of family housing units authorized to be constructed there. Title XXIV: Defense Agencies - Authorizes the Secretary of Defense to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to: (1) improve existing military family housing units; and (2) carry out energy conservation projects. Authorizes appropriations for fiscal years after 1994 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized in this title. Terminates authority to carry out a military construction project at the Fitzsimmons Army Medical Center, Colorado. Earmarks funds authorized under this Act for certain community impact assistance with regard to the Naval Weapons Station, Charleston, South Carolina. Title XXV: North Atlantic Treaty Organization Infrastructure - Authorizes the Secretary to make contributions to the NATO Infrastructure Program and authorizes appropriations for fiscal years after 1994 for such contributions. Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1994 for the Guard and reserve forces for acquisition, architectural planning and design activities, and construction of facilities. Amends prior year military construction authorization Acts to increase the amount authorized for certain National Guard and reserve projects for which funds have been appropriated. Title XXVII: Expiration of Authorizations - Terminates all authorizations contained in titles XXI through XXVI on October 1, 1997, or the date of enactment of an Act authorizing funds for military construction for FY 1998, whichever is later. Extends certain prior year military construction projects. Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Amends the Demonstration Cities and Metropolitan Development Act of 1966 to authorize the Secretary to pay closing costs to eligible persons under the homeowners assistance program. Subtitle B: Base Closure Matters - Amends the Defense Base Closure and Realignment Act of 1990 to prohibit the Secretary or the Defense Base Closure and Realignment Commission, in considering military installations for closure or realignment, from taking into account any advance conversion planning undertaken by an affected community with respect to the anticipated closure or realignment of an installation. Makes clarifying and technical amendments to the above Act as well as the Defense Authorization Amendments and Base Closure and Realignment Act. Subtitle C: Land Transactions Generally - Directs the Secretary of the Interior to transfer to the Air Force certain lands contiguous to the Holloman Air Force Base, New Mexico, to be used in connection with a wastewater treatment facility. Provides for: (1) cattle grazing rights; (2) transfer compliance with environmental laws; (3) responsibility for the cleanup of hazardous substances; (4) mining and other rights-of-way; and (5) permitted public access to the lands transferred. (Sec. 2822) Authorizes the Secretary of the Navy to enter into an agreement with the Oxnard Harbor District, Port Hueneme, California, for the joint use by the Secretary and the District of U.S. Navy Wharf Number 3, upon which is located the Naval Construction Battalion Center of Port Hueneme. (Sec. 2823) Authorizes the Secretary of the Navy to lease to the YMCA of San Diego County, California, certain lands at the Naval Radio Receiving Facility, Imperial Beach, Coronado, California, to be operated and maintained as a summer youth residence camp. (Sec. 2824) Authorizes the Secretary of the Navy to release the U.S. reversionary interest to certain parcels of land in York County and James City County, Virginia, as well as in Newport News, Virginia. (Sec. 2825) Directs the Secretary of the Army to transfer administrative jurisdiction of specified real property at Fort Devens, Massachusetts, to the Secretary of the Interior for inclusion in the Oxbow National Wildlife Refuge. (Sec. 2826) Authorizes the Secretary of the Army to convey to the Hall County, Nebraska, Board of Supervisors all U.S. rights and interest to the Cornhusker Army Ammunition Plant in Hall County. (Sec. 2827) Directs the Administrator of General Services to transfer or convey to appropriate State or local governments or nonprofit organizations various current military installations or facilities, if determined appropriate and in the public interest after consultation with the Secretary. Subtitle D: Changes to Existing Land Transaction Authority - Makes various modifications with respect to current land transaction authority for: (1) the land conveyance at Fort A.P. Hill, Virginia; (2) the conveyance of an electric distribution system at Fort Dix, New Jersey; (3) the land conveyance at Fort Knox, Kentucky; and (4) the preservation as a nature preserve of the Calverton Pine Barrens at the Naval Weapons Industrial Reserve Plant, New York. Subtitle E: Other Matters - Allows the Secretary of a military department to authorize a nonappropriated fund instrumentality to contract for construction of a shopping mall or similar facility for a commissary store and one or more nonappropriated fund instrumentality activities. (Sec. 2843) Waives certain prior congressional reporting requirements for certain real property transactions in the event of war or national emergency. Requires reports in such cases within 30 days after action is taken. (Sec. 2844) Directs the Secretary of the Army to report to the Congress on the use of Army operation and maintenance funds for environmental restoration at the Cornhusker Army Ammunition Plant, Hall County, Nebraska. (Sec. 2845) Directs the Secretary of Defense to carry out, and report to the Congress on, a DOD Laboratory Revitalization Demonstration Program, allowing the Secretary to carry out minor military construction projects to improve laboratories covered by the Program. (Sec. 2846) Amends the Military Construction Authorization Act for Fiscal Year 1991 to: (1) waive a prior congressional notification requirement with respect to settlements with foreign countries for the release to such a country of improvements made at U.S. military installations, if such improvements have a value of $10 million or less; and (2) require the Secretary to report annually to the defense committees on such proposed agreements. Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI: Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - Authorizes appropriations to the Department of Energy (DOE) for FY 1995 for operating expenses, plant projects, and capital equipment necessary in carrying out the following activities for national security programs: (1) weapons activities; (2) environmental restoration and waste management; (3) nuclear materials support and other defense programs; and (4) defense nuclear waste disposal. Reduces the total amount authorized to be appropriated in this Subtitle by a specified amount for use of FY 1994 balances. Subtitle B: Recurring General Provisions - Prohibits the use of funds appropriated pursuant to this title for: (1) the cost of a program exceeding 105 percent of the program authorization or $10 million more than the amount authorized, whichever is the lesser; or (2) programs which have not been presented to, or requested of, the Congress, unless the Secretary of Energy (Secretary, for purposes of this title) transmits to specified congressional committees a full statement of the action proposed and 30 days have expired. (Sec. 3122) Places certain funding limits (requiring congressional reports when amounts exceed such limits) for general plant and construction projects of DOE. Provides fund transfer authority. (Sec. 3125) Authorizes the Secretary to carry out advance planning and construction design services in connection with proposed construction projects not exceeding $3 million, requiring certain congressional notification for projects exceeding $600,000. Requires planning and design funds to be specifically authorized by law when their estimated cost exceeds $3 million. (Sec. 3126) Directs the Secretary, with exceptions, to complete a conceptual design for a construction project in support of a DOE national security program before submitting to the Congress a funding request for such project. (Sec. 3127) Authorizes the use of DOE funds for planning, design, and construction activities for any DOE national security program that must proceed expeditiously in order to protect public health and safety, meet the needs of national defense, or protect property. Requires the Secretary to report to the defense committees when funds are so used. Makes funds for management and support activities and for general plant projects under this Subtitle available for all DOE national security programs. Subtitle C: Program Authorizations, Restrictions, and Limitations - Directs the Secretary, as part of the stockpile stewardship program, to conduct a stockpile stewardship recruitment and training program at the Sandia, Lawrence Livermore, and Los Alamos national laboratories. Allows such program to support research for military or dual-use programs related to nuclear weapons stockpile stewardship. Earmarks funds from this title for such program. Directs the Secretary, as part of the program, to establish for such laboratories a retiree corps of retired scientists with expertise in R&D of nuclear weapons. Requires a report to the defense committees. (Sec. 3132) Earmarks funds authorized under this title for the defense inertial confinement fusion program. (Sec. 3133) Authorizes the Secretary to pay to the Hazardous Substance Superfund specified stipulated civil penalties assessed against the Fernald Environmental Management Project, Ohio, and the Portsmouth Gaseous Diffusion Plant, Ohio. (Sec. 3134) Authorizes the Secretary to reimburse four Colorado cities a specified amount for the cost of implementing water management programs. (Sec. 3135) Allows obligation of no more than 20 percent of the DOE funds authorized for limited and special access programs until the Secretary submits to the defense committees certain reports concerning such programs required under the Atomic Energy Act of 1954. Allows obligation of no more than 90 percent of the DOE funds authorized for national security programs until the Secretary submits to such committees a five-year budget plan required under prior law. (Sec. 3136) Earmarks specified funds authorized under this title for: (1) worker protection programs at nuclear weapons facilities; (2) the Scholarship and Fellowship Program for Environmental Restoration and Waste Management; (3) a hazardous materials management and emergency response training program at the Hanford Nuclear Reservation, Washington; (4) certain programs for persons at such plant who may have been exposed to radiation released from such plant; and (5) solar energy development activities at the Nevada Test Site. Subtitle D: Other Matters - Directs the Secretary to prescribe accounting procedures concerning the use of DOE national security program funds. (Sec. 3152) Directs the Joint Nuclear Weapons Council to coordinate and approve DOE activities concerning the study, development, and production of nuclear warheads. (Sec. 3153) Directs the Secretary to report to the Congress on the feasibility of conducting specified disarmament and demilitarization activities, nuclear weapon simulator technology development programs, the stockpile stewardship program, and experiments related to the nonproliferation of nuclear weapons at the Nevada Test Site. (Sec. 3154) Requires the Defense Nuclear Agency, as of October 1, 1995, to undertake responsibility for the production of tritium to meet the U.S. tritium requirements after 2008. (Sec. 3155) Amends the Department of Energy Organization Act to establish within DOE an Office of Fissile Materials Disposition. (Sec. 3156) Amends the National Defense Authorization Act, Fiscal Year 1989, to extend through FY 1997 the authority of the Secretary to loan personnel and facilities for the Idaho National Engineering Laboratory. (Sec. 3157) Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to eliminate the requirement of a five-year plan for DOE defense nuclear facilities. (Sec. 3158) Amends the Department of Energy Organization Act to authorize the Secretary to appoint up to 350 additional individuals in the scientific, engineering, professional, and administrative fields, without regard to civil service laws, in order to perform environmental restoration and waste management functions. Title XXXII: Defense Nuclear Facilities Safety Board Authorization - Authorizes appropriations for FY 1995 for the Defense Nuclear Facilities Safety Board. Title XXXIII: National Defense Stockpile - Authorizes the President to dispose of excess and obsolete materials contained in the National Defense Stockpile (NDS). Authorizes the NDS Manager, during FY 1995, to obligate a specified amount from the National Defense Stockpile Transaction Fund for authorized Fund uses. (Sec. 3303) Amends the National Defense Authorization Act for Fiscal Year 1993 to repeal a provision requiring the President to appoint an advisory committee to make recommendations concerning the operation and modernization of the NDS. (Sec. 3304) Amends the Strategic and Critical Materials Stock Piling Act to require the prevention of technological obsolescence in the rotation of NDS materials. Title XXXIV: Civil Defense - Authorizes appropriations for FY 1995 for carrying out the Federal Civil Defense Act of 1950. Title XXXV: Panama Canal Commission - Panama Canal Commission Authorization Act for Fiscal Year 1995 - Authorizes the Panama Canal Commission to make such expenditures as necessary for the operation, maintenance, and improvement of the Panama Canal for FY 1995, with specified limitations. Authorizes up to 43 passenger motor vehicles to be purchased for transporting Commission personnel across the Isthmus of Panama. Requires expenditures authorized under this title to be in accordance with the Panama Canal Treaties of 1977 and any law implementing those treaties. (Sec. 3504) Amends the Panama Canal Act of 1979 to authorize the use of Commission funds to defray the costs of education obtained in the United States (currently, only in the Republic of Panama) for Commission employees who are U.S. citizens. (Sec. 3505) Amends the Immigration and Nationality Act to provide special immigrant status for Panamanian nationals (and their dependents) who continue to be employed by the United States in an area of the former Canal Zone.

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