104TH CONGRESS
1ST SESSION
H. R. 2586
AN ACT
To provide for a temporary increase in the public
debt limit, and for other purposes.
104TH CONGRESS
1ST SESSION
H. R. 2586
AN ACT
To provide for a temporary increase in the public debt limit,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. TEMPORARY INCREASE IN PUBLIC DEBT LIMIT.
Subsection (b) of section 3101 of title 31, United
States Code, is amended by adding at the end the follow-
ing new sentence: ‘‘During the period after the date of
the enactment of this sentence, the preceding sentence
shall be applied by substituting for the dollar amount con-
tained therein—
‘‘(1) ‘$4,950,000,000,000’ for the portion of
such period before December 13, 1995, and
‘‘(2) ‘$4,800,000,000,000’ after December 12,
1995.’’
SEC. 2. APPLICABILITY OF PUBLIC DEBT LIMIT TO FED-
ERAL TRUST FUNDS AND OTHER FEDERAL
ACCOUNTS.
(a) PROTECTION
OF FEDERAL FUNDS.—Notwith-
standing any other provision of law—
(1) no officer or employee of the United States
may—
(A) delay the deposit of any amount into
(or delay the credit of any amount to) any Fed-
eral fund or otherwise vary from the normal
terms, procedures, or timing for making such
deposits or credits, or
(B) refrain from the investment in public
debt obligations of amounts in any Federal
fund,
obligation subject to the public debt limit established
under section 3101 of title 31, United States Code.
(d) FEDERAL FUND.—For purposes of this section,
the term ‘‘Federal fund’’ means any Federal trust fund
or Government account established pursuant to Federal
law to which the Secretary of the Treasury has issued or
is expressly authorized by law directly to issue obligations
under chapter 31 of title 31, United States Code, in re-
spect of public money, money otherwise required to be de-
posited in the Treasury, or amounts appropriated.
(e) COVERED BENEFITS FUND.—For purposes of
subsection (b), the term ‘‘covered benefits fund’’ means
any Federal fund from which cash benefits are payable
by law in the form of retirement benefits, separation pay-
ments, life or disability insurance benefits, or dependent’s
or survivor’s benefits, including (but not limited to) the
following:
(1) the Federal Old-Age and Survivors Insur-
ance Trust Fund;
(2) the Federal Disability Insurance Trust
Fund;
(3) the Civil Service Retirement and Disability
Fund;
(4) the Government Securities Investment
Fund;
(5) the Department of Defense Military Retire-
ment Fund;
(6) the Unemployment Trust Fund;
(7) each of the railroad retirement funds and
accounts;
(8) the Department of Defense Education Ben-
efits Fund and the Post-Vietnam Era Veterans Edu-
cation Fund; and
(9) the Black Lung Disability Trust Fund.
SEC. 3. CONFORMING AMENDMENTS.
Subsections (j), (k), and (l) of section 8348 of title
5, United States Code, and subsections (g) and (h) of sec-
tion 8438 of such title are hereby repealed.
SEC. 4. COMMITMENT TO A SEVEN–YEAR BALANCED BUDG-
ET.
(a) With the enactment of this Act the President
and the Congress commit to enacting legislation in cal-
endar year 1995 to achieve a balanced budget, as scored
by the non-partisan Congressional Budget Office, not
later than the fiscal year 2002.
(b) The Congress affirms that it will not enact legis-
lation providing for a further increase in the permanent
statutory limit on the public debt unless the President
signs into law the balanced budget legislation referred to
in subsection (a).
SEC. 5. MEDICARE COVERAGE OF CERTAIN ANTI-CANCER
DRUG TREATMENTS.
(a) COVERAGE
OF CERTAIN SELF-ADMINISTERED
ANTICANCER DRUGS.—Section 1861(s)(2)(Q) of the So-
cial Security Act (42 U.S.C. 1395x(s)(2)(Q)) is amend-
ed—
(1) by striking ‘‘(Q)’’ and inserting ‘‘(Q)(i)’’; and
(2) by striking the semicolon at the end and in-
serting ‘‘, and’’; and
(3) by adding at the end the following:
‘‘(ii) an oral drug (which is approved by the Federal
Food and Drug Administration) prescribed for use as an
anticancer nonsteroidal antiestrogen for the treatment of
breast cancer or nonsteroidal antiandrogen agent for the
treatment of prostate cancer;’’.
(b) UNIFORM COVERAGE OF ANTICANCER DRUGS IN
ALL SETTINGS.—Section 1861(t)(2)(A) of such Act (42
U.S.C. 1395x(t)(2)(A)) is amended by adding (including
a nonsteroidal antiestrogen or nonsteroidal antiandrogen
regimen)’’ after ‘‘regimen’’.
(c) 
CONFORMING
AMENDMENT.—Section
1834(j)(5)(F)(iv) 
of 
such 
Act 
(42 
U.S.C.
1395m(j)(5)(F)(iv)) is amended by striking ‘‘prescribed
for use’’ and all that follows through ‘‘1861(s)(2)(Q))’’
and inserting ‘‘described in section 1861(s)(2)(Q))’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to drugs furnished on or after the
date of the enactment of this section.
TITLE I—HABEAS CORPUS REFORM
SEC. 101. FILING DEADLINES.
Section 2244 of title 28, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(d)(1) A 1-year period of limitation shall apply to
an application for a write of habeas corpus by a person
in custody pursuant to the judgment of a State court. The
limitation period shall run from the latest of—
‘‘(A) the date on which the judgment became
final by the conclusion of direct review or the expira-
tion of the time for seeking such review;
‘‘(B) the date on which the impediment to filing
an application created by State action in violation of
the Constitution or laws of the United States is re-
moved, if the applicant was prevented from filing by
such State action;
‘‘(C) the date on which the constitutional right
asserted was initially recognized by the Supreme
Court, if the right has been newly recognized by the
Supreme Court and made retroactively applicable to
cases on collateral review; or
‘‘(D) the date on which the factual predicate of
the claim or claims presented could have been dis-
covered through the exercise of due diligence.
‘‘(2) The time during which a properly filed applica-
tion for State post-conviction or other collateral review
with respect to the pertinent judgment or claim shall not
be counted toward any period of limitation under this sub-
section.’’.
SEC. 102. APPEAL.
Section 2253 of title 28, United States Code, is
amended to read as follows:
‘‘§ 2253. Appeal
‘‘(a) In a habeas corpus proceeding or a proceeding
under section 2255 before a district judge, the final order
shall be subject to review, on appeal, by the court of ap-
peals for the circuit in which the proceeding is held.
‘‘(b) There shall be no right of appeal from a final
order in a proceeding to test the validity of a warrant to
remove to another district or place for commitment or trial
a person charged with a criminal offense against the Unit-
ed States, or to test the validity of such person’s detention
pending removal proceedings.
‘‘(c)(1) Unless a circuit justice or judge issues a cer-
tificate of appealability, an appeal may not be taken to
the court of appeals from—
‘‘(A) the final order in a habeas corpus proceed-
ing in which the detention complained of arises out
of process issued by a State court; or
‘‘(B) the final order in a proceeding under sec-
tion 2255.
‘‘(2) A certificate of appealability may issue under
paragraph (1) only if the applicant has made a substantial
showing of the denial of a constitutional right.
‘‘(3) The certificate of appealability under paragraph
(1) shall indicate which specific issue or issues satisfy the
showing required by paragraph (2).’’.
SEC. 103. AMENDMENT OF FEDERAL RULES OF APPELLATE
PROCEDURE.
Rule 22 of the Federal Rules of Appellate Procedure
is amended to read as follows:
‘‘Rule 22. Habeas corpus and section 2255 proceed-
ings
‘‘(a) APPLICATION FOR THE ORIGINAL WRIT.—An
application for a writ of habeas corpus shall be made to
the appropriate district court. If application is made to
a circuit judge, the application shall be transferred to the
appropriate district court. If an application is made to or
transferred to the district court and denied, renewal of the
application before a circuit judge shall not be permitted.
The applicant may, pursuant to section 2253 of title 28,