II 

108TH CONGRESS 

2D SESSION S. 2308 

To provide for prompt payment and interest on late payments of health 

care claims. 

IN THE SENATE OF THE UNITED STATES 

APRIL 8, 2004 

Mr. CORZINE (for himself, Mr. REED, Mr. BINGAMAN, Mr. LAUTENBERG, and 

Ms. CANTWELL) introduced the following bill; which was read twice and 

referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To provide for prompt payment and interest on late 

payments of health care claims. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Prompt Payment of 

5 Health Benefits Claims Act of 2004’’. 

6 SEC. 2. AMENDMENTS TO THE EMPLOYEE RETIREMENT IN7 COME SECURITY ACT OF 1974. 

8 (a) IN GENERAL.—Subpart B of part 7 of subtitle 

9 B of title I of the Employee Retirement Income Security 
2 

•S 2308 IS 

1 Act of 1974 (29 U.S.C. 1185 et seq.) is amended by add2 ing at the end the following: 

3 ‘‘SEC. 714. PROMPT PAYMENT OF HEALTH BENEFITS 

4 CLAIMS. 

5 ‘‘(a) TIMEFRAME FOR PAYMENT OF COMPLETE

6 CLAIM.—A group health plan, and a health insurance 

7 issuer offering group health insurance coverage in connec8 tion with a group health plan, shall pay all complete claims 

9 and uncontested claims— 

10 ‘‘(1) in the case of a claim that is submitted 

11 electronically, within 14 days of the date on which 

12 the claim is submitted; or 

13 ‘‘(2) in the case of a claim that is not submitted 

14 electronically, within 30 days of the date on which 

15 the claim is submitted. 

16 ‘‘(b) PROCEDURES INVOLVING SUBMITTED

17 CLAIMS.— 

18 ‘‘(1) IN GENERAL.—Not later than 10 days 

19 after the date on which a complete claim is sub20 mitted, a group health plan, and a health insurance 

21 issuer offering group health insurance coverage in 

22 connection with a group health plan, shall provide 

23 the claimant with a notice that acknowledges receipt 

24 of the claim by the plan or issuer. Such notice shall 

25 be considered to have been provided on the date on 
3 

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1 which the notice is mailed or electronically trans2 ferred. 

3 ‘‘(2) CLAIM DEEMED TO BE COMPLETE.—A 

4 claim is deemed to be a complete claim under this 

5 section if the group health plan or health insurance 

6 issuer involved does not provide notice to the claim7 ant of any deficiency in the claim within 10 days of 

8 the date on which the claim is submitted. 

9 ‘‘(3) INCOMPLETE CLAIMS.— 

10 ‘‘(A) IN GENERAL.—If a group health plan 

11 or health insurance issuer determines that a 

12 claim for health care expenses is incomplete, the 

13 plan or issuer shall, not later than the end of 

14 the period described in paragraph (2), notify 

15 the claimant of such determination. Such notifi16 cation shall specify all deficiencies in the claim 

17 and shall list all additional information or docu18 ments necessary for the proper processing and 

19 payment of the claim. 

20 ‘‘(B) DETERMINATION AFTER SUBMISSION

21 OF ADDITIONAL INFORMATION.—A claim is 

22 deemed to be a complete claim under this para23 graph if the group health plan or health insur24 ance issuer involved does not provide notice to 

25 the claimant of any deficiency in the claim with-
4 

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1 in 10 days of the date on which additional in2 formation is received pursuant to subparagraph 

3 (A). 

4 ‘‘(C) PAYMENT OF UNCONTESTED POR5 TION OF A CLAIM.—A group health plan or 

6 health insurance issuer shall pay any 

7 uncontested portion of a claim in accordance 

8 with subsection (a). 

9 ‘‘(4) OBLIGATION TO PAY.—A claim for health 

10 care expenses that is not paid or contested by a 

11 group health plan or health insurance issuer within 

12 the timeframes set forth in this subsection shall be 

13 deemed to be a complete claim and paid by the plan 

14 or issuer in accordance with subsection (a). 

15 ‘‘(c) DATE OF PAYMENT OF CLAIM.—Payment of a 

16 complete claim under this section is considered to have 

17 been made on the date on which full payment is received 

18 by the health care provider. 

19 ‘‘(d) INTEREST SCHEDULE.— 

20 ‘‘(1) IN GENERAL.—With respect to a complete 

21 claim, a group health plan or health insurance issuer 

22 that fails to comply with subsection (a) shall pay the 

23 claimant interest on the amount of such claim, from 

24 the date on which such payment was due as provided 

25 in this section, at the following rates: 
5 

•S 2308 IS 

‘‘(A) 11 1 ⁄2 percent per month from the 1st 

2 day of nonpayment after payment is due 

3 through the 15th day of such nonpayment. 

4 ‘‘(B) 2 percent per month from the 16th 

5 day of such nonpayment through the 45th day 

6 of such nonpayment. 

‘‘(C) 21 7 ⁄2 percent per month after the 46th 

8 day of such nonpayment. 

9 ‘‘(2) CONTESTED CLAIMS.—With respect to 

10 claims for health care expenses that are contested by 

11 the plan or issuer, once such claim is deemed com12 plete under subsection (b), the interest rate applica13 ble for noncompliance under this subsection shall 

14 apply consistent with paragraphs (1) and (2). 

15 ‘‘(e) PRIVATE RIGHT OF ACTION.—Nothing in this 

16 section shall be construed to prohibit or limit a claim or 

17 action not covered by the subject matter of this section 

18 that any claimant has against a group health plan, or a 

19 health insurance issuer. 

20 ‘‘(f) ANTI-RETALIATION.—Consistent with applicable 

21 Federal or State law, a group health plan or health insur22 ance issuer shall not retaliate against a claimant for exer23 cising a right of action under this section. 

24 ‘‘(g) FINES AND PENALTIES.— 

25 ‘‘(1) FINES.— 
6 

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1 ‘‘(A) IN GENERAL.—If a group health plan 

2 or health insurance issuer offering group health 

3 insurance coverage, willfully and knowingly vio4 lates this section or has a pattern of repeated 

5 violations of this section, the Secretary shall im6 pose a fine not to exceed $1,000 per claim for 

7 each day a response is delinquent beyond the 

8 date on which such response is required under 

9 this section. 

10 ‘‘(B) REPEATED VIOLATIONS.—If 3 sepa11 rate fines under subparagraph (A) are levied 

12 within a 5-year period, the Secretary is author13 ized to impose a penalty in an amount not to 

14 exceed $10,000 per claim. 

15 ‘‘(2) REMEDIAL ACTION PLAN.—Where it is es16 tablished that the group health plan or health insur17 ance issuer willfully and knowingly violated this sec18 tion or has a pattern of repeated violations, the Sec19 retary shall require the group health plan or health 

20 insurance issuer to— 

21 ‘‘(A) submit a remedial action plan to the 

22 Secretary; and 

23 ‘‘(B) contact claimants regarding the 

24 delays in the processing of claims and inform 
7 

•S 2308 IS 

1 claimants of steps being taken to improve such 

2 delays. 

3 ‘‘(h) DEFINITIONS.—In this section: 

4 ‘‘(1) CLAIMANT.—The term ‘claimant’ means a 

5 participant, beneficiary or health care provider sub6 mitting a claim for payment of health care expenses. 

7 ‘‘(2) COMPLETE CLAIM.—The term ‘complete 

8 claim’ is a claim for payment of covered health care 

9 expenses that— 

10 ‘‘(A) in the case of a claim involving a 

11 health care provider that is an institution or 

12 other facility or agency that provides health 

13 care services, is a properly completed billing in14 strument that consists of— 

15 ‘‘(i) the Health Care Financing Ad16 ministration 1450 (UB–92) paper form, or 

17 its successor, as adopted by the NUBC, 

18 with data element usage consistent with 

19 the usage prescribed in the UB–92 Na20 tional Uniform Billing Data Elements 

21 Specification Manual, and, for claims sub22 mitted before October 1, 2002, any State23 designated data requirements that are de24 termined and approved by the State uni25 form billing committee of the State in 
8 

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1 which the health care service or supply is 

2 furnished; or 

3 ‘‘(ii) the electronic format for institu4 tional claims (and accompanying imple5 mentation guide) adopted as a standard by 

6 the Secretary of Health and Human Serv7 ices pursuant to section 1173 of the Social 

8 Security Act (42 U.S.C. 1320d–2); and 

9 ‘‘(B) in the case of claim involving a health 

10 care provider that is a physician or other indi11 vidual who is licensed, accredited, or certified 

12 under State law to provide specified health care 

13 services, is a properly completed billing instru14 ment that— 

15 ‘‘(i) the Health Care Financing Ad16 ministration 1500 paper form, or its suc17 cessor, as adopted by the NUCC and fur18 ther defined by data element specifications 

19 contained in the NUCC implementation 

20 guide or, if such specifications are not 

21 issued by the NUCC, the data element 

22 specifications contained in the Medicare 

23 Carriers Manual Part 4 (HCFA–Pub 14– 

24 4) sections 2010.1 through 2010.4; or 
9 

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1 (ii) the electronic format for profes2 sional claims (and accompanying imple3 mentation guide) adopted as a standard by 

4 the Secretary of Health and Human Serv5 ices pursuant to section 1173 of the Social 

6 Security Act (42 U.S.C. 1320d–2). 

7 ‘‘(3) CONTESTED CLAIM.—The term ‘contested 

8 claim’ means a claim for health care expenses that 

9 is denied by a group health plan or health insurance 

10 issuer during or after the benefit determination 

11 process. 

12 ‘‘(4) HEALTH CARE PROVIDER.—The term 

13 ‘health care provider’ includes a physician or other 

14 individual who is licensed, accredited, or certified 

15 under State law to provide specified health care 

16 services and who is operating with the scope of such 

17 licensure, accreditation, or certification, as well as 

18 an institution or other facility or agency that pro19 vides health care services and is licensed, accredited, 

20 or certified to provide health care items and services 

21 under applicable State law. 

22 ‘‘(5) INCOMPLETE CLAIM.—The term ‘incom23 plete claim’ means a claim for health care expenses 

24 that cannot be adjudicated because it fails to include 
10 

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1 all of the required data elements necessary for adju2 dication. 

3 ‘‘(6) NUBC.—The term ‘NUBC’ means the 

4 National Uniform Billing Committee. 

5 ‘‘(7) NUCC.—The term ‘NUCC’ means the Na6 tional Uniform Claim Committee.’’. 

7 SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE 

8 ACT. 

9 (a) GROUP MARKET.—Subpart 2 of part A of title 

10 XXVII of the Public Health Service Act (42 U.S.C. 

11 300gg–4 et seq.) is amended by adding at the end the 

12 following: 

13 ‘‘SEC. 2707. PROMPT PAYMENT OF HEALTH BENEFITS 

14 CLAIMS. 

15 ‘‘(a) TIMEFRAME FOR PAYMENT OF COMPLETE

16 CLAIM.—A group health plan, and a health insurance 

17 issuer offering group health insurance coverage in connec18 tion with a group health plan, shall pay all complete claims 

19 and uncontested claims— 

20 ‘‘(1) in the case of a claim that is submitted 

21 electronically, within 14 days of the date on which 

22 the claim is submitted; or 

23 ‘‘(2) in the case of a claim that is not submitted 

24 electronically, within 30 days of the date on which 

25 the claim is submitted. 
11 

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1 ‘‘(b) PROCEDURES INVOLVING SUBMITTED

2 CLAIMS.— 

3 ‘‘(1) IN GENERAL.—Not later than 10 days 

4 after the date on which a complete claim is sub5 mitted, a group health plan, and a health insurance 

6 issuer offering group health insurance coverage in 

7 connection with a group health plan, shall provide 

8 the claimant with a notice that acknowledges receipt 

9 of the claim by the plan or issuer. Such notice shall 

10 be considered to have been provided on the date on 

11 which the notice is mailed or electronically trans12 ferred. 

13 ‘‘(2) CLAIM DEEMED TO BE COMPLETE.—A 

14 claim is deemed to be a complete claim under this 

15 section if the group health plan or health insurance 

16 issuer involved does not provide notice to the claim17 ant of any deficiency in the claim within 10 days of 

18 the date on which the claim is submitted. 

19 ‘‘(3) INCOMPLETE CLAIMS.— 

20 ‘‘(A) IN GENERAL.—If a group health plan 

21 or health insurance issuer determines that a 

22 claim for health care expenses is incomplete, the 

23 plan or issuer shall, not later than the end of 

24 the period described in paragraph (2), notify 

25 the claimant of such determination. Such notifi-
12 

•S 2308 IS 

1 cation shall specify all deficiencies in the claim 

2 and shall list all additional information or docu3 ments necessary for the proper processing and 

4 payment of the claim. 

5 ‘‘(B) DETERMINATION AFTER SUBMISSION

6 OF ADDITIONAL INFORMATION.—A claim is 

7 deemed to be a complete claim under this para8 graph if the group health plan or health insur9 ance issuer involved does not provide notice to 

10 the claimant of any deficiency in the claim with11 in 10 days of the date on which the additional 

12 information is received pursuant to subpara13 graph (A). 

14 ‘‘(C) PAYMENT OF UNCONTESTED POR15 TION OF A CLAIM.—A group health plan or 

16 health insurance issuer shall pay any 

17 uncontested portion of a claim in accordance 

18 with subsection (a). 

19 ‘‘(4) OBLIGATION TO PAY.—A claim for health 

20 care expenses that is not paid or contested by a 

21 group health plan or health insurance issuer within 

22 the timeframes set forth in this subsection shall be 

23 deemed to be a complete claim and paid by the plan 

24 or issuer in accordance with subsection (a). 
13 

•S 2308 IS 

1 ‘‘(c) DATE OF PAYMENT OF CLAIM.—Payment of a 

2 complete claim under this section is considered to have 

3 been made on the date on which full payment is received 

4 by the health care provider. 

5 ‘‘(d) INTEREST SCHEDULE.— 

6 ‘‘(1) IN GENERAL.—With respect to a complete 

7 claim, a group health plan or health insurance issuer 

8 that fails to comply with subsection (a) shall pay the 

9 claimant interest on the amount of such claim, from 

10 the date on which such payment was due as provided 

11 in this section, at the following rates: 

‘‘(A) 11 12 ⁄2 percent per month from the 1st 

13 day of nonpayment after payment is due 

14 through the 15th day of such nonpayment. 

15 ‘‘(B) 2 percent per month from the 16th 

16 day of such nonpayment through the 45th day 

17 of such nonpayment. 

‘‘(C) 21 18 ⁄2 percent per month after the 46th 

19 day of such nonpayment. 

20 ‘‘(2) CONTESTED CLAIMS.—With respect to 

21 claims for health care expenses that are contested by 

22 the plan or issuer, once such claim is deemed com23 plete under subsection (b), the interest rate applica24 ble for noncompliance under this subsection shall 

25 apply consistent with paragraphs (1) and (2). 
14 

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1 ‘‘(e) PRIVATE RIGHT OF ACTION.—Nothing in this 

2 section shall be construed to prohibit or limit a claim or 

3 action not covered by the subject matter of this section 

4 that any claimant has against a group health plan, or a 

5 health insurance issuer. 

6 ‘‘(f) ANTI-RETALIATION.—Consistent with applicable 

7 Federal or State law, a group health plan or health insur8 ance issuer shall not retaliate against a claimant for exer9 cising a right of action under this section. 

10 ‘‘(g) FINES AND PENALTIES.— 

11 ‘‘(1) FINES.— 

12 ‘‘(A) IN GENERAL.—If a group health plan 

13 or health insurance issuer offering group health 

14 insurance coverage willfully and knowingly vio15 lates this section or has a pattern of repeated 

16 violations of this section, the Secretary shall im17 pose a fine not to exceed $1,000 per claim for 

18 each day a response is delinquent beyond the 

19 date on which such response is required under 

20 this section. 

21 ‘‘(B) REPEATED VIOLATIONS.—If 3 sepa22 rate fines under subparagraph (A) are levied 

23 within a 5-year period, the Secretary is author24 ized to impose a penalty in an amount not to 

25 exceed $10,000 per claim. 
15 

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1 ‘‘(2) REMEDIAL ACTION PLAN.—Where it is es2 tablished that the group health plan or health insur3 ance issuer willfully and knowingly violated this sec4 tion or has a pattern of repeated violations, the Sec5 retary shall require the health plan or health insur6 ance issuer to— 

7 ‘‘(A) submit a remedial action plan to the 

8 Secretary; and 

9 ‘‘(B) contact claimants regarding the 

10 delays in the processing of claims and inform 

11 claimants of steps being taken to improve such 

12 delays. 

13 ‘‘(h) DEFINITIONS.—In this section: 

14 ‘‘(1) CLAIMANT.—The term ‘claimant’ means 

15 an enrollee or health care provider submitting a 

16 claim for payment of health care expenses. 

17 ‘‘(2) COMPLETE CLAIM.—The term ‘complete 

18 claim’ is a claim for payment of covered health care 

19 expenses that— 

20 ‘‘(A) in the case of a claim involving a 

21 health care provider that is an institution or 

22 other facility or agency that provides health 

23 care services, is a properly completed billing in24 strument that consists of— 
16 

•S 2308 IS 

1 ‘‘(i) the Health Care Financing Ad2 ministration 1450 (UB–92) paper form, or 

3 its successor, as adopted by the NUBC, 

4 with data element usage consistent with 

5 the usage prescribed in the UB–92 Na6 tional Uniform Billing Data Elements 

7 Specification Manual, and, for claims sub8 mitted before October 1, 2002, any State9 designated data requirements that are de10 termined and approved by the State uni11 form billing committee of the State in 

12 which the health care service or supply is 

13 furnished; or 

14 ‘‘(ii) the electronic format for institu15 tional claims (and accompanying imple16 mentation guide) adopted as a standard by 

17 the Secretary of Health and Human Serv18 ices pursuant to section 1173 of the Social 

19 Security Act (42 U.S.C. 1320d–2); and 

20 ‘‘(B) in the case of claim involving a health 

21 care provider that is a physician or other indi22 vidual who is licensed, accredited, or certified 

23 under State law to provide specified health care 

24 services, is a properly completed billing instru25 ment that— 
17 

•S 2308 IS 

1 ‘‘(i) the Health Care Financing Ad2 ministration 1500 paper form, or its suc3 cessor, as adopted by the NUCC and fur4 ther defined by data element specifications 

5 contained in the NUCC implementation 

6 guide or, if such specifications are not 

7 issued by the NUCC, the data element 

8 specifications contained in the Medicare 

9 Carriers Manual Part 4 (HCFA–Pub 14– 

10 4) sections 2010.1 through 2010.4; or 

11 ‘‘(ii) the electronic format for profes12 sional claims (and accompanying imple13 mentation guide) adopted as a standard by 

14 the Secretary of Health and Human Serv15 ices pursuant to section 1173 of the Social 

16 Security Act (42 U.S.C. 1320d–2). 

17 ‘‘(3) CONTESTED CLAIM.—The term ‘contested 

18 claim’ means a claim for health care expenses that 

19 is denied by a group health plan or health insurance 

20 issuer during or after the benefit determination 

21 process. 

22 ‘‘(4) HEALTH CARE PROVIDER.—The term 

23 ‘health care provider’ includes a physician or other 

24 individual who is licensed, accredited, or certified 

25 under State law to provide specified health care 
18 

•S 2308 IS 

1 services and who is operating with the scope of such 

2 licensure, accreditation, or certification, as well as 

3 an institution or other facility or agency that pro4 vides health care services and is licensed, accredited, 

5 or certified to provide health care items and services 

6 under applicable State law. 

7 ‘‘(5) INCOMPLETE CLAIM.—The term ‘incom8 plete claim’ means a claim for health care expenses 

9 that cannot be adjudicated because it fails to include 

10 all of the required data elements necessary for adju11 dication. 

12 ‘‘(6) NUBC.—The term ‘NUBC’ means the 

13 National Uniform Billing Committee. 

14 ‘‘(7) NUCC.—The term ‘NUCC’ means the Na15 tional Uniform Claim Committee.’’. 

16 (b) INDIVIDUAL MARKET.—Part B of title XXVII of 

17 the Public Health Service Act (42 U.S.C. 300gg–41 et 

18 seq.) is amended— 

19 (1) by redesignating the first subpart 3 (relat20 ing to other requirements) as subpart 2; and 

21 (2) by adding at the end of subpart 2 the fol22 lowing: 
19 

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1 ‘‘SEC. 2753. STANDARDS RELATING TO PROMPT PAYMENT 

2 OF HEALTH BENEFITS CLAIMS. 

3 ‘‘The provisions of section 2707 shall apply to health 

4 insurance coverage offered by a health insurance issuer 

5 in the individual market in the same manner as they apply 

6 to health insurance coverage offered by a health insurance 

7 issuer in connection with a group health plan in the small 

8 or large group market.’’. 

9 SEC. 4. AMENDMENTS TO THE SOCIAL SECURITY ACT. 

10 (a) MEDICARE.— 

11 (1) MEDICARE ADVANTAGE PLANS.—Section 

12 1857(f) of the Social Security Act (42 U.S.C. 

13 1395w–27(f)) is amended— 

14 (A) in paragraph (1), by striking ‘‘con15 sistent with the provisions of sections 

16 1816(c)(2) and 1842(c)(2)’’ and inserting ‘‘con17 sistent with the provisions of section 2707 of 

18 the Public Health Service Act’’; and 

19 (B) in paragraph (2)— 

20 (i) in the second sentence, by insert21 ing ‘‘and to reflect the amount of any fines 

22 or penalties imposed pursuant to the provi23 sions of section 2707(g) of the Public 

24 Health Service Act’’ before the period at 

25 the end; and 
20 

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1 (ii) by inserting before the second sen2 tence the following new sentence: ‘‘Pay3 ment of such amounts shall include any in4 terest due pursuant to the provisions of 

5 section 2707(d) of the Public Health Serv6 ice Act.’’. 

7 (2) PRESCRIPTION DRUG PLANS.—Section 

8 1860D–12(b)(3) of the Social Security Act (42 

9 U.S.C.1395w–112(b)(3)) is amended— 

10 (A) by redesignating subparagraphs (E) 

11 and (F) as subparagraphs (F) and (G), respec12 tively; and 

13 (B) by inserting after subparagraph (D) 

14 the following new subparagraph: 

15 ‘‘(E) PROMPT PAYMENT BY MEDICARE AD16 VANTAGE ORGANIZATION.—Section 1857(f).’’. 

17 (b) MEDICAID.—Section 1932(f) of the Social Secu18 rity Act (42 U.S.C. 1396u–2(f)) is amended by striking 

19 ‘‘the claims payment procedures described in section 

20 1902(a)(37)(A), unless the health care provider and the 

21 organization agree to an alternate payment schedule’’ and 

22 inserting ‘‘section 2707 of the Public Health Service Act’’. 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 this section shall apply to plan years beginning after De25 cember 31, 2004. 
21 

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1 SEC. 5. PREEMPTION. 

2 The provisions of this Act shall not supersede any 

3 contrary provision of State law if the provision of State 

4 law imposes requirements, standards, or implementation 

5 specifications that are equal to or more stringent than the 

6 requirements, standards, or implementation specifications 

7 imposed under this Act, and any such requirements, 

8 standards, or implementation specifications under State 

9 law that are equal to or more stringent than the require10 ments, standards, or implementation specifications under 

11 this Act shall apply to group health plans and health in12 surance issuers as provided for under State law. 

13 SEC. 6. EFFECTIVE DATE. 

14 (a) IN GENERAL.—Except as provided in this section, 

15 the amendments made by this Act shall apply with respect 

16 to group health plans and health insurance issuers for 

17 plan years beginning after December 31, 2004. 

18 (b) SPECIAL RULE FOR COLLECTIVE BARGAINING

19 AGREEMENTS.—In the case of a group health plan main20 tained pursuant to one or more collective bargaining 

21 agreements between employee representatives and one or 

22 more employers ratified before the date of the enactment 

23 of this Act, the amendments made by this Act shall not 

24 apply to plan years beginning before the later of— 

25 (1) the date on which the last of the collective 

26 bargaining agreements relating to the plan termi-
22 

•S 2308 IS 

1 nates (determined without regard to any extension 

2 thereof agreed to after the date of the enactment of 

3 this Act), or 

4 (2) January 1, 2005. 

5 For purposes of paragraph (1), any plan amendment made 

6 pursuant to a collective bargaining agreement relating to 

7 the plan which amends the plan solely to conform to any 

8 requirement of the amendments made by this section shall 

9 not be treated as a termination of such collective bar10 gaining agreement. 

11 SEC. 7. SEVERABILITY. 

12 If any provision of this Act, or an amendment made 

13 by this Act, is held by a court to be invalid, such invalidity 

14 shall not affect the remaining provisions of this Act, or 

15 amendments made by this Act. 

Æ