United States · United States Congress · 30 September 1994
Amends the Endangered Species Act of 1973 to prohibit the Secretary of the Interior from determining a species as an endangered or threatened species, or from designating a critical habitat of a species, until such Act has been reauthorized.
United States · United States Congress · 29 September 1994
TABLE OF CONTENTS: Title I: Eliminating Excessive and Redundant Appeals Title II: Reform of Exclusionary Rule Title III: Prisons Title IV: Enhanced Gun Penalties Title V: Death Penalty Title VI: Civil Rights of Institutionalized Persons Act Title VII: Conditions of Confinement Victims' Rights Act of 1994 - Title I: 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. 106) Sets forth special habeas corpus procedures for cases brought by prisoners in State custody who are subject to a capital sentence, provided that: (1) a State establishes 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-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to such court or have otherwise become final; and (2) such rule or statute provides 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 time 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 II: Reform of Exclusionary Rule - Amends the Federal criminal code to prohibit the exclusion of evidence obtained as a result of a search or seizure on the grounds that the search or seizure was in violation of the Fourth Amendment of the Constitution if the search or seizure 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 on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless expressly authorized by statute or rule prescribed by the Supreme Court pursuant to statutory authority. Title III: Prisons - Requires 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. 302) Directs the Bureau of Prisons to take care that: (1) prisoners under its jurisdiction do not engage in any activities designed to increase both their physical strength and their fighting ability; and (2) all equipment designed for this purpose be removed from Federal correctional facilities. Title IV: Enhanced Gun Penalties - Enhances penalties for persons convicted of using or carrying a firearm during and in relation to the commission of a felony. Title V: Death Penalty - Amends the Violent Crime Control and Law Enforcement Act of 1994 to revise procedures involving jury findings in capital cases. Directs the jury or, if there is no jury, the court to: (1) consider whether aggravating factors outweigh any mitigating factors; (2) recommend a sentence of death if it unanimously finds at least one aggravating factor and no mitigating factor or if it finds one or more aggravating factors which outweigh any mitigating factors; and (3) not recommend such sentence in any other case. Requires the jury to be instructed that: (1) it must avoid any influence of sympathy, sentiment, passion, prejudice, or other arbitrary factors in its decision and should make such a recommendation as the information warrants; and (2) its recommendation concerning a sentence of death is to be based on the aggravating and mitigating factors found, but that the final decision concerning the balance of aggravating and mitigating factors is a matter for the jury's judgment. Title VI: Civil Rights of Institutionalized Persons Act - Amends the Civil Rights of Institutionalized Persons Act to prohibit any civil action for deprivation of rights from being brought by an adult convicted of a crime confined in any correctional facility until available plain, speedy, and effective administrative remedies are exhausted. Specifies that such exhaustion of administrative 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. (Sec. 602) Requires the court to dismiss any such action if satisfied that the action fails to state a claim upon which relief can be granted or is frivolous or malicious. (Sec. 603) Repeals a provision requiring that the minimum standards provide for an advisory role for employees and inmates in the formulation, implementation, and operation of the system. (Sec. 604) Requires the Attorney General to develop a procedure for the prompt review and certification of systems for the resolution of grievances of adults confined in any correctional or pretrial detention facility if such systems are in substantial compliance with the minimum standards (current law) or are otherwise fair and effective. Authorizes the Attorney General to suspend or withdraw certification at any time he has reasonable cause to believe that such procedure is no longer in substantial compliance or is no longer fair and effective. (Sec. 605) Amends the Federal judicial code to authorize the court to request an attorney to represent a person financially unable to employ counsel (current law) at any time. Requires (current law authorizes) the court to dismiss the case if the allegation of poverty is untrue, or if satisfied that the action is frivolous or malicious. Requires: (1) a prisoner in a correctional institution who files an affidavit of indigency to include a statement of all assets such prisoner possesses; and (2) the court to make inquiry of the 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. Title VII: Conditions of Confinement - 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 issue or enforce any order that: (1) imposes a ceiling on the population of any institution or requires any adjustment of the release dates of inmates; or (2) prohibits the use of tents or prefabricated structures for housing inmates.
United States · United States Congress · 29 September 1994
TABLE OF CONTENTS: Title I: Elementary and Secondary Education Program Authorized Title II: Amendments to Other Educational Programs Elementary and Secondary Education Amendments of 1994 - Title I: Elementary and Secondary Education Program Authorized - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to extend the period of authorization of payments to State educational agencies for grants entitlements for basic programs operated by local educational agencies under title I chapter 1 provisions for financial assistance to meet special educational needs of disadvantaged children. Extends the authorization of appropriations for the following ESEA programs: (1) participation of children enrolled in private schools in chapter 1 programs; (2) Even Start programs; (3) secondary school programs for basic skills improvement and dropout prevention and reentry; (4) funds for the implementation of school improvement programs; (5) certain Federal evaluation, coordination and technical assistance, and research activities; (6) rural educational opportunities; (7) studies; (8) Federal, State, and local partnership for educational improvement (as well as extending the duration of such payments); (9) Eisenhower mathematics and science education State grants, national programs, and regional mathematics and science education consortia; (10) foreign language assistance; (11) magnet schools assistance; (12) women's educational equity; (13) Ellender fellowship program; (14) immigrant education; (15) general assistance to the Virgin Islands and territorial training assistance; (16) programs under the Secretary's Fund for Innovation in Education (including instruction on the history and principles of democracy in the United States); (17) the Ready-to-Learn program of educational television and instructional video programming for preschool and elementary school children and their parents; (18) assistance to address school dropout problems; (19) assistance to provide basic skills improvement; and (20) bilingual education programs (including State data collection and dissemination). Title II: Amendments to Other Educational Programs - Extends the authorization of appropriations for the following educational programs: (1) adult education for the homeless and education for homeless children and youth under the Stewart B. McKinney Act; (2) Follow Through programs under the Follow Through Act; (3) impact aid programs under specified Federal laws; (4) Indian education programs involving financial assistance to local educational agencies, improvement of educational programs involving financial assistance to local educational agencies, improvement of educational opportunities, special educational training for teachers, fellowships for Indian students, gifted and talented education, adult education, and program administration, under the Indian Education Act of 1988; (5) refugee and immigrant education under the Refugee Education Assistance Act of 1980; (6) Native Hawaiian education programs involving model curriculum implementation, family-based education centers, higher education, gifted and talented education, and special education, under specified Federal law; (7) partnerships in education for mathematics, science, and engineering under the Education for Economic Security Act; (8) the National Center for Education Statistics under the General Education Provisions Act; (9) programs under the Fund for the Improvement of Schools and Teaching Act; and (10) the National Writing Project under the Education Council Act of 1991.
United States · United States Congress · 29 September 1994
Employee Benefit Plan Security and Protection Act of 1994 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to revise provisions regarding employee benefit plan fiduciary duties in relation to external benefits, social investing, and economically targeted investments.
United States · United States Congress · 23 September 1994
Expresses the sense of the House of Representatives that Dr. Joycelyn Elders has consistently and publicly advocated practices and behaviors contrary to Federal law and the overall health and well-being of society in general. Calls on the President to ask for her resignation as U.S. Surgeon General.
United States · United States Congress · 22 September 1994
Amends the Omnibus Budget Reconciliation Act of 1990 to extend from three years to five years the period during which Medicare select policies may be issued.
United States · United States Congress · 22 September 1994
Farm, Ranch, and Homestead Protection Act of 1994 - Amends the Endangered Species Act of 1973 to prohibit, until its reauthorization, the Secretary of the Interior from: (1) determining a species as an endangered or threatened species; or (2) designating a species habitat as a critical habitat. Requires the Secretary to compensate, upon request, persons and entities for the loss in market value of land that has been designated a critical habitat. Limits the current requirement that Federal agencies insure that any action (regardless of its expense) they authorize, fund, or carry out is not likely to jeopardize the continued existence of an endangered or threatened species, or result in the destruction or adverse modification of habitat of such species determined to be critical, without an express exemption. Restricts such requirement to agency actions that result in expenditures of $500,000 or more.
United States · United States Congress · 13 September 1994
Declares that no health care legislation should be considered by the House of Representatives that would cause a sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings), or that would amend or supercede a sequestration.
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.
United States · United States Congress · 18 August 1994
Declares that any welfare reform legislation that passes the House of Representatives should: (1) result in net savings to the U.S. taxpayer within five years; (2) limit increases in aggregate spending for welfare programs to the rate of inflation; (3) not require any new taxes; (4) not increase the Federal deficit by more than the amount by which it would increase in the absence of the legislation; and (5) not require State or local governments to bear any administrative costs that would not be borne by such governments in the absence of the legislation.
United States · United States Congress · 17 August 1994
Expresses the sense of the Congress with respect to its recognition of El Salvador's President Cristiani for his contributions to the cause of peace and democracy in that country.
United States · United States Congress · 17 August 1994
Expresses the sense of the Congress that: (1) trade agreements which promote free trade by reducing trade barriers are free in that they do not exact a cost on U.S. taxpayers by reducing net Federal revenues; and (2) budget rules which inaccurately calculate the revenue impact of trade agreements by ignoring the U.S. growth caused by tariff changes in other countries should not be applied to the General Agreement on Tariffs and Trade implementing legislation in a way that requires increased taxes or program reductions to "offset" expected tariff revenue reductions.
United States · United States Congress · 12 August 1994
Condemns anti-Christian bigotry and all other forms of religious intolerance. Condemns individuals and organizations that foster intolerance, suspicion, hatred, or fear of individuals who: (1) hold values rooted in religious tenets; (2) participate in the political process to ensure that the laws of the Nation reflect such values; and (3) advocate public policies that are respectful of such values. Declares it to be the policy of the House of Representatives to seek to ensure that the rights of individuals to participate in the political process of the Nation are not infringed on the basis of their religious belief or affiliations.
United States · United States Congress · 4 August 1994
Expresses the sense of the Congress that legislation providing for a national program for health care reform which would restrict the freedom of any individual State in setting its own course toward health care reform that is reflective of the unique experience of such State, should provide for the inclusion of such State only upon approval by a majority of the voters in a State referendum.
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.
United States · United States Congress · 21 July 1994
Expresses the sense of the Congress that neither the President nor any other entity in the executive branch should attempt to impose a racially based quota system to challenge death penalties.
United States · United States Congress · 19 July 1994
TABLE OF CONTENTS: Title I: General Provisions Title II: Federal Reform of Health Care Malpractice Title III: Requirements for ADR Medical Malpractice Fairness Act of 1994 - Title I: General Provisions - Sets forth provisions regarding definitions and the period of applicability of this Act. Title II: Federal Reform of Health Care Malpractice - Prohibits a health care malpractice action from being brought in any: (1) State court unless the claim that is the subject of the action has been initially resolved under an alternative dispute resolution (ADR) system certified by the Secretary of Health and Human Services (or, in the case of a State in which such a system is not in effect, under the alternative Federal system established under this Act); and (2) Federal court based on diversity of citizenship unless the claim has been initially resolved under the system that applied in the State whose law applies. Directs the Attorney General to establish an ADR process for the resolution of tort claims consisting of such claims brought against the United States. Prohibits an 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. Makes each defendant in such an action severally but not jointly liable. Directs that each defendant's fault be determined on the basis of the defendant's percentage of responsibility. Limits to $250,000 the total of noneconomic damages that may be awarded to a claimant and the claimant's family for losses resulting from the injury, regardless of the number of parties or actions brought with respect to the injury. Prohibits the award of punitive damages except in cases of gross or criminal negligence. Limits such awards against the manufacturer or seller of a medical product causing injury. Directs that any punitive damages awarded be: (1) paid to the State in which the action is brought or, in a case brought in Federal court, the State in which the health care services that caused the injury were provided; and (2) used for activities to assure the safety and quality of health care services. Sets forth provisions regarding: (1) reductions for contributions from collateral sources; (2) periodic payment of damages for future expenses; (3) a uniform statute of limitations; (4) attorney's fees and costs; (5) expert witness qualifications; (6) preemption; and (7) sovereign immunity and choice of law or venue. Title III: Requirements for ADR - Sets requirements for State ADR systems. Provides for the certification of State systems and the applicability of the alternative Federal system, as well as the treatment of States with an alternative system already in effect.
United States · United States Congress · 17 June 1994
Occupational Safety and Health Reform Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) to set forth separate requirements for OSHA coverage of employing authorities and instrumentalities of the Congress. (Sec. 3) Requires the following criteria in development of OSHA standards: (1) significant risk; (2) feasibility; (3) reasonable cost-benefit relationship; (4) cost-effective and minimal job loss; and (5) where practicable, expressed in objective criteria and desired performance. Revises standard priorities based on toxicity and numbers exposed. Revises rulemaking procedures. Requires a regulatory flexibility analysis for each standard promulgated. (Sec. 4) Requires an annual report on the number and nature of complaints to which the Secretary does not respond under OSHA because another Federal or State agency has jurisdiction, with recommendations on achieving coordination. Provides that employee safety and health participation committees are not prohibited under the National Labor Relations Act or the Railway Labor Act. Provides a nondisclosure privilege for voluntary safety and health audits and reviews. (Sec. 5) Deems a variance to have been issued as of the date of the application filing, if the Secretary fails to act on the application within 180 days of the filing, unless such delay is caused by the applicant's action or inaction. (Sec. 6) Revises inspection provisions. Requires inspections to be conducted by at least one individual trained in and knowledgeable of the industry or the types of hazards. Provides for fire hazard inspection training and referral. Prohibits routine inspections of employers of ten or fewer employees if such employers are: (1) farming operations which do not maintain a temporary labor camp; or (2) in a category of employers having an occupational injury or a lost day rate which is less than the national average. Grants the Secretary discretion in determining which employer complaints must receive formal inspection responses. (Sec. 7) Directs the Secretary to establish an office to promote, administer, and coordinate programs and activities for worksite-based incentives for voluntary compliance with OSHA. Directs the Secretary to establish a voluntary compliance program granting partial exemption from OSHA general inspections for employers who either retain certain consultation or certification programs or have an exemplary safety record and a safety and health program meeting specified criteria. Provides for reduction or suspension of penalties for program participants under certain conditions. Directs the Secretary to establish a program for certification of safety and health consultants to conduct inspections under such program. Directs the Secretary to award special recognition to worksites, companies, and other organizations which have implemented particularly effective approaches to occupational safety and health, including those providing for effective employee involvement. Authorizes consultative services to employers under Federal-State cooperative agreements. Directs the Secretary to establish programs for education, training, and technical assistance for employers and employees to assist in providing safe and healthful workplaces and OSHA compliance. Requires that at least one-fourth of the annual appropriation to carry out OSHA be expended for such worksite-based incentives for voluntary compliance. (Sec. 8) Adds employer defenses of employee misconduct or alternative safer methods. (Sec. 9) Extends the period for employer contests of citations by the Occupational Safety and Health Review Commission. Requires deference to be given the Commission's reasonable conclusions with respect to questions of law. (Sec. 10) Revises procedures for discrimination protection for whistle-blowers under OSHA, including extending the time for filing complaints, and providing for reviews, appeals, and mediation. (Sec. 11) Revises enforcement, including special conditions and practices, a mandatory special emphasis program, and investigations of deaths and serious incidents. (Sec. 12) Revises penalties in general, and with respect to special assessments, citations, knowing violations, and victims' rights. (Sec. 13) Requires States to make their applicable labeling, content, and hazard information requirements identical to OSHA standards. Authorizes waivers to State safety and health programs. (Sec. 14) Repeals authority for the National Institute of Occupational Safety and Health (NIOSH), thus abolishing it. Transfers to the Secretary of Labor functions and authorities of NIOSH and of the Secretary of Health and Human Services under OSHA. (Sec. 15) Authorizes employers to establish alcohol and substance abuse testing programs where there is a reasonable probability that any employee's safety or health could be endangered because of use of alcohol or a controlled substance in the workplace. Directs the Secretary to establish standards for such programs. (Sec. 16) Directs the Secretary to contract with a qualified organization or agency to conduct studies of the effects and costs of OSHA standards. Authorizes appropriations.
United States · United States Congress · 16 June 1994
TABLE OF CONTENTS: Title I: Tax Reduction and Simplification Title II: Spending Restraint and Budget Process Reform Subtitle A: Joint Budget Resolution Subtitle B: Zero Based Budgeting and Decennial Sunsetting Subtitle C: Spending Caps on the Growth of Entitlements for Fiscal Years 1995 Through 2000 Subtitle D: Balanced Budget by Fiscal Year 2000 Title III: Regulatory Relief Subtitle A: Private Property Rights Protection and Compensation Subtitle B: Measuring Costs of Federal Regulations Subtitle C: Risk Assessment and Cost/Benefit Analyses and Reports Freedom and Fairness Restoration Act of 1994 - Title I: Tax Reduction and Simplification - Amends the Internal Revenue Code to impose a 20 percent tax (17 percent after December 31, 1996) on the taxable earned income of every individual. Bases such amount on the standard deduction. (Replaces current income tax procedures for individuals.) Increases the basic standard deduction for individuals and includes an additional standard deduction for dependents, with inflation adjustments. (Sec. 102) Replaces the current tax on corporations with a tax on every person engaged in a business activity equal to 20 percent (17 percent after December 31, 1996) of the business taxable income of such person. Makes the person engaged in the business activity liable for the tax. (Sec. 103) Repeals income tax withholding. Title II: Spending Restraint and Budget Process Reform - Subtitle A: Joint Budget Resolution - Amends the Congressional Budget Act of 1974 to reform the budget process by requiring a joint resolution on the budget instead of the concurrent resolution on the budget. Subtitle B: Zero Based Budgeting and Decennial Sunsetting - Terminates spending authority for unearned entitlements and high-cost discretionary spending programs for FY 1994, and discretionary spending programs (not including high-cost programs) for FY 1995, unless such spending is reauthorized after the date of enactment of this Act. (Sec. 212) Establishes a point of order against legislation that appropriates funds, which may be waived by a three-fifths vote of each House of Congress. (Sec. 213) Requires the reauthorization of discretionary spending authority and unearned entitlements every ten years beginning in the first decennial census year after 2000. Subtitle C: Spending Caps on the Growth of Entitlements for Fiscal Years 1995 Through 2000 - Declares that for FY 1995 through 2000 the total level of entitlement and mandatory spending, excluding social security, shall not exceed the total level for the previous fiscal year increased by the consumer price index and growth in eligible population. Requires sequestration as necessary to reduce spending. Provides for making uniform reductions with limitations. Lists programs and activities exempt from sequestration and provides exceptions, limitations, and special rules. Establishes a point of order against entitlement programs which may be waived by a three-fifths vote of each House. Subtitle D: Balanced Budget by Fiscal Year 2000 - Amends the Congressional Budget Act to revise the budget enforcement process. (Sec. 231) Establishes maximum spending amounts for FY 1995 through 1999 and revises sequestration procedures for enforcement. (Sec. 233) Establishes a point of order against exceeding permissible total spending. Title III: Regulatory Relief - Subtitle A: Private Property Rights Protection and Compensation - Declares that a private property owner is entitled to receive compensation for any reduction in the value of property of the owner that is: (1) a consequence of a limitation on an otherwise lawful use of the property imposed by a final agency action; and (2) measurable and not negligible. Subtitle B: Measuring Costs of Federal Regulations - Requires the Office of Management and Budget to report annually to the President, and the Congressional Budget Office (CBO) to report annually to the Congress, on projections of costs of complying with Federal mandates. (Sec. 322) Requires the President to make annual recommendations to the Congress to ensure that such costs do not exceed their corresponding baseline costs. Subtitle C: Risk Assessment and Cost/Benefit Analyses and Reports - Includes in CBO reports on the cost of legislation: (1) an estimate of private sector compliance costs in the effective fiscal year and the next four fiscal years; (2) an estimate of the risks to the public health and safety which would result from any significant bill or resolution; and (3) an estimate of the effects of any significant bill or resolution on the economy, including the rate of gross domestic product growth, job loss, and price stability.
United States · United States Congress · 10 June 1994
TABLE OF CONTENTS: Title I: Work Requirements for Welfare Recipients Title II: Promotion of Marriage and Social Responsibility Subtitle A: Welfare Benefits Subtitle B: Grants for Assistance to Children Born Out-Of-Wedlock Subtitle C: Removal of Barriers to Interethnic Adoption Subtitle D: Tax Credit for Certain Low-Income Families Title III: Child Support Enforcement Title IV: Specific Reforms in Welfare Spending Title V: State Options and Miscellaneous Provisions Title VI: Capping the Aggregate Growth of Welfare Spending Real Welfare Reform Act of 1994 - Title I: Work Requirements for Welfare Recipients - Amends Part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act (SSA) to require each State, as a condition of participation in the AFDC program, to establish a workfare and dependency reduction program meeting specified requirements. (Sec. 101) Sets forth program participation requirements for parents in the AFDC unemployed parent program and certain noncustodial parents, including a specified mix of weekly community work service and job search activities or benefits to wages program participation. Specifies participation requirements for each adult AFDC recipient in a single-adult family. Requires States to establish: (1) a community work service program under which a participating individual shall work for a public or nonprofit private sector organization; and (2) a benefits to wages program under which an individual shall work for a qualified private employer whom the Secretary of Health and Human Services (HHS) shall pay a wage subsidy on behalf of such individual equal to the amount of AFDC allotment and the cash value of food stamp benefits the individual would otherwise receive. Sets forth penalties (including allotment reductions and eligibility denials) for individuals, including noncustodial parents, who fail to meet participation requirements. Prohibits participating organizations or entities from replacing any employed workers with participating AFDC individuals. Specifies payments to States for welfare and dependency reduction programs. Requires State plans to require custodial parents under 19 years old who have not successfully completed a high-school education to participate in an educational activity, either a high-school diploma or equivalency degree program or other training or work activities. Amends the Internal Revenue Code to provide for advance payments of the earned income tax credit to employees in a benefits to wages program. (Sec. 102) Amends the Food Stamp Act of 1977 to deny food stamp eligibility to any able-bodied individual belonging to a household otherwise eligible for food stamps if that individual has not performed at least 32 hours of work on behalf of a State, or local government, through a program established by that government, during the preceding month. (Sec. 103) Specifies job search requirements for AFDC applicants and recipients with children over five years old. Title II: Promotion of Marriage and Social Responsibility - Subtitle A: Welfare Benefits - Declares the sense of the Congress that: (1) marriage is the foundation of a successful society; and (2) in view of specified negative consequences of out-of-wedlock birth on the child, the mother, and society, the reduction of such births is an important government interest. (Sec. 201) Amends SSA title IV Part A (AFDC) and the Food Stamp Act of 1977 to require State plans and State food stamp agencies, respectively, with specified exceptions, to deny AFDC payments for a child born to any unmarried individual under 26 (or later age, if the State so determines). Allows such payments if the child is legally adopted or if the child's custodian marries an individual who assumes lawful paternity or permanent legal guardianship and financial responsibility for the child. Amends the United States Housing Act of 1937 to require public housing contracts to provide for denial of housing and rental assistance in the same circumstances. (Sec. 202) Amends SSA title IV Part A (AFDC) and the Food Stamp Act of 1977 to require similar denial of benefits with respect to any additional children born while the custodial parent was receiving assistance. (Sec. 203) Amends SSA title IV Part A (AFDC) to require reductions in AFDC payments to a family where a child has been born for whom paternity has not been established. Provides for such payments, notwithstanding such denial policy, for a child of up to four months old if some identifying information on the putative father is provided. Subtitle B: Grants for Assistance to Children Born Out-Of-Wedlock - Amends SSA title IV Part A (AFDC) to provide for grants to States for programs to discourage out-of-wedlock births and to care for children born out-of-wedlock. Allows the use of such funds to: (1) establish or expand out-of-wedlock pregnancy reduction programs; (2) promote adoption; (3) establish and operate orphanages; and (4) establish and operate closely supervised residential group homes for unwed mothers. (Sec. 211) Prohibits payments to: (1) parents of out-of-wedlock children; or (2) such children if parent and child live in any conventional residential or community setting, including a relative's household or a household headed by the custodial parent. Subtitle C: Removal of Barriers to Interethnic Adoption - Prohibits any agency or entity involved in adoption or foster care placements and receiving Federal assistance from: (1) categorically denying any person the opportunity to become an adoptive or a foster parent on the basis of the race, color, or national origin of such person or of the child involved; or (2) delaying or denying the placement of a child for adoption or into foster care, or otherwise discriminate in making a placement decision, on such basis with respect to the adoptive or foster parent or child. Permits an agency to consider the race, color, or national origin of a child as a factor in making a placement decision if such factor is relevant to the child's best interests and is considered in conjuction with other factors. Grants any aggrieved individual the right to seek relief in the U.S. district court. Subtitle D: Tax Credit for Certain Low-Income Families - Amends the Internal Revenue Code to allow an additional earned income tax credit for a married individual who: (1) has lived together with his or her spouse at all times during the marriage during the taxable year; and (2) has earned at least $8,500 in income for such year. Title III: Child Support Enforcement - Directs the Secretary of the Treasury to establish a system for the reporting of information relating to child support obligations of employees, including mandatory reporting of such information on W-4 forms. (Sec. 302) Amends SSA title IV Part A (AFDC) to require State agencies to: (1) maintain child support order registries; (2) make all pertinent State records accessible to any agency of any other State through the Interstate Locate Network; (3) give custodial parents access to State parent locator services to aid in establishment and enforcement of child support obligations against noncustodial parents; and (4) give noncustodial parents access to such services to aid in establishment of visitation rights. (Sec. 303) Provides for expansion of the Parent Locator Service. Directs the HHS Secretary to establish an Interstate Locate Network linking the Parent Locator Service and all State databases. Requires regulations governing information sharing among States, within States, and between the States and the Parent Locator Service. (Sec. 304) Amends SSA title IV Part A (AFDC) to require States to have laws requiring employers to withhold child support pursuant to uniform income withholding orders. (Sec. 305) Requires the responsible unit within HHS to develop: (1) a uniform abstract of a child support order containing specified terms for use by all State courts; and (2) procedures providing for voluntary establishment or acknowledgement of paternity. (Sec. 306) Waives the application and genetic testing fees for any individual receiving child support collection or paternity determination services who has been denied AFDC, food stamp, and housing assistance under this Act. Title IV: Specific Reforms in Welfare Spending - Amends the National School Lunch Act to reduce the income eligibility guidelines for reduced price lunches from 185 to 130 percent of the applicable family-size nonfarm income levels. (Sec. 402) Repeals the Mickey Leland Childhood Hunger Relief Act. Applies the Food Stamp Act of 1977 as if the Mickey Leland Childhood Hunger Relief Act had not been enacted. (Sec. 403) Amends the Revenue Reconciliation Act of 1993 to repeal the mandates and authorities for empowerment zones and enterprise communities. (Sec. 404) Amends SSA title IV Part A (AFDC) to reduce by 25 percent monthly benefits to AFDC families who also receive public housing benefits. (Sec. 405) Reduces the authorization of appropriations for social services block grants for each fiscal year after FY 1994. (Sec. 406) Limits specified welfare benefits, currently available to aliens, to U.S. citizens only. Declares that it is the policy of the Congress that States and local educational agencies should not be required to provide a free public elementary or secondary education to any individual who is not a U.S. citizen, a lawful resident alien, or an alien permanently residing in the United States under color of law. Requires a State or local educational agency to notify the Attorney General whenever it learns of a public school child who does not belong to any such category. Requires immediate deportation proceedings against such child. (Sec. 407) Amends SSA title XVI (Supplemental Security Income (SSI) for the Aged, Blind, and Disabled) to direct the HHS Secretary to issue vouchers in lieu of cash benefits to each eligible child under 18 to cover the cost of certain medical expenses. (Sec. 408) Requires an eligibility review during the year after the 18th birthday of any individual receiving disability benefits. (Sec. 409) Requires a specified reduction of the authorization of appropriations for low-income home energy assistance for any fiscal year. Title V: State Options and Miscellaneous Provisions - Amends SSA title IV Part A (AFDC), the Food Stamp Act of 1977, and the United States Housing Act of 1937 to allow States the option to: (1) place a time limit on AFDC, food stamp, and housing assistance to any individual; and (2) apply that time limit to any household moving to a State from another State with such a time limit. (Sec. 502) Amends SSA title IV Part A (AFDC) to give a State the option to treat interstate immigrants under the AFDC benefit rules of their former State. (Sec. 503) Directs the Secretary of Labor, in cooperation with the States, to conduct ongoing evaluations of Federal and State job training programs. Authorizes appropriations. (Sec. 504) Amends specified parts of the Social Security Act, the Food Stamp Act of 1977, and the United States Housing Act of 1937 to require safeguards and information exchange among law enforcement agencies to ensure that fugitive felons and probation and parole violators do not receive Medicaid, AFDC benefits, food stamps, SSI, or housing assistance. Requires public housing agencies to furnish Federal, State, or local law enforcement agencies, upon request, the current address of any assistance recipient identified as a fugitive felon or probation or parole violator. Title VI: Capping the Aggregate Growth of Welfare Spending - Specifies FY 1995 through 1996 and subsequent fiscal year caps on Federal spending on certain welfare programs. (Sec. 602) Directs the HHS Secretary to make welfare block grants to the States for aid to low-income households. Prohibits the use of such funds for abortions or for any counseling related to abortion. Sets forth general work, job search, and training requirements for aid recipients, as well as certain participation requirements for States. Denies cash or direct food assistance to young unwed parents as under title II of this Act, or to noncitizens, fugitive felons, or probation or parole violators. (Sec. 603) Terminates funding and State obligations under specified cash, medical, housing, energy, education, jobs and training, social services, and low-income community aid welfare programs as of the end of FY 1994. Repeals any entitlement to benefits established under such programs. (Sec. 604) Dedicates to deficit reduction all Federal savings under the spending cap mandated by this title. Requires the adjustment of the present discretionary spending caps for the net increase in discretionary spending that results from the creation of the welfare block grant as a replacement for current welfare entitlement programs. (Sec. 605) Sets forth special rules, upon termination of the AFDC program, with respect to grants for assistance to children born out-of-wedlock. (Sec. 606) Amends SSA title XIX (Medicaid) with respect to Medicaid eligibility criteria after enactment of this Act. Authorizes States to request a waiver to simplify such criteria. Requires the HHS Secretary to review and approve such requests only if Federal Medicaid expenditures will not be increased as a result.
United States · United States Congress · 8 June 1994
TABLE OF CONTENTS: Title I: Tax and Insurance Provisions Subtitle A: Tax Treatment of Health Care Expenses Subtitle B: Insurance Provisions Subtitle C: Employer Provisions Subtitle D: Federal Preemption Subtitle E: Report Title II: Medicare and Medicaid Reforms Subtitle A: Medicare Subtitle B: Medicaid Title III: Health Care Liability Reform Title IV: Administrative Cost Savings Subtitle A: Standardization of Claims Processing Subtitle B: Electronic Medical Data Standards Subtitle C: Development and Distribution of Comparative Value Information Subtitle D: Preemption of State Quill Pen Laws Title V: Anti-Fraud Subtitle A: Criminal Prosecution of Health Care Fraud Subtitle B: Coordination of Health Care Anti-Fraud and Abuse Activities Title VI: Antitrust Provisions Title VII: Long-Term Care Title VIII: Welfare Restrictions for Aliens Title IX: Increase in Assistance to Community and Migrant Health Centers from Residual Savings Consumer Choice Health Security Act of 1994 - Title I: Tax and Insurance Provisions - Subtitle A: Tax Treatment of Health Care Expenses - Amends the Internal Revenue Code to allow a tax credit for health care expenses based upon percentages of qualified health insurance premiums and adjusted gross income. Provides for employers to make advance payments of such credit. (Sec. 102) Allows individuals a tax credit for a percentage of contributions made to a medical care savings account established for the benefit of an eligible individual. Exempts such accounts from taxation. Establishes an excise tax for excess contributions to medical care savings accounts and makes such accounts subject to the tax on prohibited transactions. (Sec. 103) Terminates the medical expense deduction, the deduction for health insurance costs of self-employed individuals, and the exclusion for employer-provided health insurance. Subtitle B: Insurance Provisions - Part I: Federally Qualified Health Insurance Plans - Sets forth requirements for federally qualified health insurance plans, including coverage for acute medical care, cost-sharing, premium rating practices, and guaranteed issuance and renewability. Part II: Certification of Federally Qualified Health Insurance Plans - Requires States to meet standards for regulatory programs for the certification of federally qualified health insurance plans. Subtitle C: Employer Provisions - Requires employers to: (1) withhold health insurance premiums from employee wages and remit such premiums to the employee's chosen insurer; and (2) notify each employee of their right to claim an advance refundable tax credit for such premiums. (Sec. 122) Provides for the conversion of existing insurance plans to required coverage under this Act. (Sec. 125) Establishes the Benefits Cash Out Commission to propose a procedure under which individuals may cash out Federal health benefits. Provides for congressional consideration of such proposal prior to its implementation. (Sec. 126) Imposes excise taxes on employers and health insurance carriers for noncompliance with this Act. Subtitle D: Federal Preemption - Preempts specified State laws concerning health insurance. Subtitle E: Report - Requires the Secretary of Health and Human Services to report to the Congress five years after the enactment of this Act on certain aspects of health insurance coverage. Title II: Medicare and Medicaid Reforms - Subtitle A: Medicare - Directs the Secretary to study and report to the Congress on the feasibility of permitting future Medicare beneficiaries to elect, upon attaining Medicare eligibility, to retain private health insurance coverage and receive, in lieu of Medicare benefits, certificates for use in purchasing private health insurance coverage. (Sec. 202) Amends title XVIII (Medicare) of the Social Security Act (SSA) to eliminate Medicare hospital disproportionate share adjustment payments. (Sec. 203) Revises the formula to reduce the adjustment for indirect medical education. (Sec. 204) Declares that the amount payable for post-hospital extended care services furnished an individual during any spell of illness shall be reduced by a copayment equal to 20 percent of the average of all per day costs for such services. (Sec. 205) Changes payment updates for all payment rates under the hospital insurance program from a fiscal year to a calendar year basis. (Sec. 206) Revises the existing schedule to accelerate the transition to prospective rates for facility costs in hospital outpatient departments. Subtitle B: Medicaid - Amends SSA title XIX (Medicaid) to specify a cap on Federal payments for acute medical services furnished under the Medicaid program. (Sec. 212) Directs the Secretary to establish a process under which a State with an approved plan may apply for waivers of SSA requirements in order to establish innovative and cost effective programs for furnishing acute medical services to eligible Medicaid recipients. (Sec. 213) Terminates disproportionate share payments. (Sec. 214) Directs the Secretary to make grants to States for programs under which individuals with incomes below 150 percent of the income official poverty line are provided health insurance coverage, acute medical services, preventive care, and disease prevention services. Title III: Health Care Liability Reform - Health Care Liability Reform Act of 1994 - Applies this subtitle to any health care malpractice action filed in any Federal or State court and any such claim resolved through arbitration. (Sec. 303) Limits to $100,000 what any person may be required to pay in a single payment in damages for expenses to be incurred in the future, but allows for periodic payments. States that the total amount of damages received by an individual shall be reduced by any other compensatory payments received under certain Federal, State, or private programs. Sets a statute of limitations for medical malpractice liability claims of two years after an alleged injury should reasonably have been discovered, but in no event more than four years after the alleged injury occurred (or in the case of a minor under age six, no later than the tenth birthday). Sets forth limitations on attorney's fees. (Sec. 304) Prohibits the application of strict liability to any manufacturer or seller of a health care product approved by the Food and Drug Administration (FDA) for any injury alleged to have resulted from: (1) a defect in product design; or (2) a failure to warn or instruct regarding a risk posed by the product that was neither known nor reasonably knowable at the time the product left the manufacturer's or seller's control. States that a manufacturer or seller of a health care product that is to be prescribed by, or used at the direction of, a health care professional shall not be liable (except in specified circumstances) for harm allegedly caused by a failure to warn or instruct the ultimate product user or recipient (unless the FDA specifically requires a warning or instruction to the ultimate user or recipient), if the manufacturer or seller provided adequate warning or instruction to the user's or recipient's health care professional. (Sec. 305) Limits to $250,000 the total amount of noneconomic damages awardable to a plaintiff and family for losses resulting from the injury which is the subject of a medical malpractice liability action. Declares that the liability of each defendant in such an action shall be several only and not joint, and limited to the defendant's percentage of responsibility. Allows punitive damages only if clear and convincing evidence establishes that the claimant suffered harm as the result of conduct by the defendant exhibiting conscious, flagrant indifference to the health of persons who might be harmed by the product. Prohibits the award of punitive damages against a manufacturer or seller (except in specified circumstances) for harm caused by an FDA-approved health care product. Title IV: Administrative Cost Savings - Subtitle A: Standardization of Claims Processing - Directs the HHS Secretary to adopt (taking into account the recommendations of specified taskforces) standards relating to: (1) data elements for use in paper and electronic claims processing; (2) uniform claims forms; and (3) uniform electronic transmission of the data elements. Sets forth requirements for application of such standards, and their periodic review and revision. Subtitle B: Electronic Medical Data Standards - Directs the HHS Secretary to promulgate electronic medical data standards meeting specified criteria for hospitals and other providers. Sets a deadline for each hospital with a Medicare participation agreement to meet such standards. (Sec. 413) Authorizes the heads of appropriate Federal agencies, as of January 1, 2000, to require health care providers to present and transmit data elements electronically according to such standards. (Sec. 415) Directs the HHS Secretary to establish an advisory commission to monitor and advise about the standards established under this subtitle and operational concerns about their implementation. Authorizes appropriations. Subtitle C: Development and Distribution of Comparative Value Information - Requires States to develop and implement a health care value information program meeting certain criteria according to a specified schedule. Authorizes the HHS Secretary to make grants to States to enable them to develop such programs. (Sec. 422) Directs the HHS Secretary to take necessary action to implement a comparable information program in any State that fails to develop and implement one. (Sec. 423) Requires the head of each Federal agency responsible for provision of health insurance or of health care services to individuals to develop promptly health care comparative value information. Subtitle D: Preemption of State Quill Pen Laws - Preempts any State law that requires medical or health insurance records (including billing information) to be maintained in written rather than electronic form. Title V: Anti-Fraud - Subtitle A: Criminal Prosecution of Health Care Fraud - Amends the Federal criminal code to impose penalties upon a health care provider that knowingly engages in any scheme or artifice to defraud a person in connection with the provision of health care. (Sec. 502) Authorizes the Attorney General to pay a reward of up to $10,000 to a person who furnishes information unknown to the Government relating to a possible prosecution for health care fraud, with exceptions. Subtitle B: Coordination of Health Care Anti-Fraud and Abuse Activities - Amends the Social Security Act to provide for: (1) the application of Federal health anti-fraud and abuse sanctions to all fraud and abuse against any health insurance plan; and (2) treble damages for making or causing to be made false statements or representations involving Medicare or State health care programs, for illegal remuneration, and for false statements or representations with respect to the condition or operation of health care institutions. Directs the Secretary of Health and Human Services, in consultation with State and local health care officials, to: (1) identify opportunities for the satisfaction of community service obligations that a court may impose upon the conviction of a criminal offense involving Medicare or State health care programs; and (2) make information concerning such opportunities available to Federal and State law enforcement officers and State and local health care officials. Title VI: Antitrust Provisions - Exempts from the antitrust laws specified "safe harbor" activities related to the provision of health care services. 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. 602) Lists as safe harbors specified: (1) activities relating to health care services of combinations of health care providers with market share below a specified threshold; (2) activities of medical self-regulatory entities relating to standard setting or enforcement activities not conducted for purposes of financial gain; (3) participation of a health care provider in a written survey of the prices of services, reimbursement levels, or the compensation and benefits of employees and personnel; (4) activities relating to health care joint ventures for high technology and costly equipment and services; (5) activities relating to hospital mergers; (6) joint purchasing arrangements; and (7) negotiations. (Sec. 603) Directs the Attorney General to publish a notice in the Federal Register soliciting proposals for additional safe harbors and to review and report to the Congress on proposed safe harbors. 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. 604) 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 provisions regarding applications for, revocation of, and review of determinations regarding such certificates. Limits the disclosure of information. (Sec. 605) Sets forth provisions regarding notifications providing for a reduction in certain penalties under the antitrust laws for health care cooperative ventures. (Sec. 606) Directs the Attorney General to: (1) review the safe harbors and certificates of review periodically; and (2) promulgate such rules, regulations, and guidelines as necessary to carry out provisions of this title. Title VII: Long-Term Care - Amends the Internal Revenue Code to exclude from gross income certain amounts withdrawn from individual retirement accounts and certain employer cash or deferred arrangements to pay long-term care premiums. (Sec. 702) Provides for the nonrecognition of gain or loss on the exchange of any life insurance contract or an endowment or annuity contract for a long- term care insurance contract. (Sec. 703) Provides for the exclusion as a death benefit of any amount paid or advanced to an individual under a life insurance contract because such individual is terminally ill, or chronically ill and has been permanently confined to a qualified facility. Title VIII: Welfare Restrictions for Aliens - Makes aliens (with exceptions for refugees, aged, and current residents) ineligible for specified public welfare assistance (except for emergency medical assistance). Amends the Social Security Act to require State Aid to Families with Dependent Children (AFDC) agencies to provide information on illegal aliens to the Immigration and Naturalization Service. Title IX: Increase in Assistance to Community and Migrant Health Centers From Residual Savings - Directs the HHS Secretary to provide for a program of grants to migrant and community health centers to promote primary health care services for underserved individuals. Authorizes appropriations. (Sec. 901) Requires the Secretary to study and report to Congress on the impact of such grants on access to health care, birth outcomes, and the use of emergency room services.
United States · United States Congress · 26 May 1994
Expresses the sense of the House of Representatives that for purposes of issuing final guidelines under title VII of the Civil Rights Act of 1964 relating to unlawful harassment in employment, the Equal Employment Opportunity Commission should exclude harassment based on religion.
United States · United States Congress · 25 May 1994
Authorizes the President to present, on behalf of the Congress, to the Lubavitcher rebbe, Rabbi Menachem Mendel Schneerson, a gold medal in recognition of his outstanding and enduring contributions toward world education, morality, and acts of charity. States that no appropriations are authorized to implement this Act. Declares that the medals struck pursuant to this Act are national medals.
United States · United States Congress · 24 May 1994
Designates September 16, 1994, as National POW/MIA Recognition Day. Requires the display of the National League of Families POW/MIA flag at: (1) all national cemeteries and the National Vietnam Veterans Memorial on May 30, 1994 (Memorial Day), September 16, 1994 (National POW/MIA Recognition Day), and November 11, 1994 (Veterans Day); and (2) the White House and the buildings containing the primary offices of the Secretaries of State, Defense, and Veterans Affairs and the Director of the Selective Service System on September 16, 1994 (National POW/MIA Recognition Day).
United States · United States Congress · 24 May 1994
Instructs the House Committees on Agriculture; Banking, Finance and Urban Affairs; Government Operations; the Judiciary; and Small Business to commence hearings on issues within their jurisdiction relating to Madison Guaranty Savings and Loan Association, Whitewater Development Corporation, Capital Management Services Inc., Ray E. Friedman and Company, Lasater and Company, and such appropriate related issues by August 15, 1994, and to submit written findings concerning such matter to the House by the sine die adjournment of the Congress. Directs the respective committees to work to accommodate the work of Special Counsel Robert B. Fiske, Jr., and to not grant immunity, under specified provisions of the Federal criminal code, over the objection of the Special Counsel to any witness called to testify at these hearings. Instructs the Speaker and the majority and minority leaders to meet to determine the appropriate timetable, procedures, and other relevant issues relating to congressional oversight.
United States · United States Congress · 23 May 1994
TABLE OF CONTENTS: Title I: Work Requirements for Welfare Recipients Title II: Promotion of Marriage and Social Responsibility Subtitle A: Welfare Benefits Subtitle B: Grants for Assistance to Children Born Out-of-Wedlock Subtitle C: Removal of Barriers to Interethnic Adoption Subtitle D: Tax Credit for Certain Low-Income Families Title III: Child Support Enforcement Title IV: Specific Reforms in Welfare Spending Title V: State Options and Miscellaneous Provisions Title VI: Capping the Aggregate Growth of Welfare Spending Real Welfare Reform Act of 1994 - Title I: Work Requirements for Welfare Recipients - Amends Part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act (SSA) to require each State, as a condition of participation in the AFDC program, to establish a workfare and dependency reduction program meeting specified requirements. (Sec. 101) Sets forth program participation requirements for parents in the AFDC unemployed parent program and certain noncustodial parents, including a specified mix of weekly community work service and job search activities or benefits to wages program participation. Specifies participation requirements for each adult AFDC recipient in a single-adult family. Requires States to establish: (1) a community work service program under which a participating individual shall work for a public or nonprofit private sector organization; and (2) a benefits to wages program under which an individual shall work for a qualified private employer whom the Secretary of Health and Human Services (HHS) shall pay a wage subsidy on behalf of such individual equal to the amount of AFDC allotment and the cash value of food stamp benefits the individual would otherwise receive. Sets forth penalties (including allotment reductions and eligibility denials) for individuals, including noncustodial parents, who fail to meet participation requirements. Prohibits participating organizations or entities from replacing any employed workers with participating AFDC individuals. Specifies payments to States for welfare and dependency reduction programs. Requires State plans to require custodial parents under 19 years old who have not successfully completed a high-school education to participate in an educational activity, either a high-school diploma or equivalency degree program or other training or work activities. Amends the Internal Revenue Code to provide for advance payments of the earned income tax credit to employees in a benefits to wages program. (Sec. 102) Amends the Food Stamp Act of 1977 to deny food stamp eligibility to any able-bodied individual belonging to a household otherwise eligible for food stamps if that individual has not performed at least 32 hours of work on behalf of a State, or local government, through a program established by that government, during the preceding month. (Sec. 103) Specifies job search requirements for AFDC applicants and recipients with children over five years old. Title II: Promotion of Marriage and Social Responsibility - Subtitle A: Welfare Benefits - Declares the sense of the Congress that: (1) marriage is the foundation of a successful society; and (2) in view of specified negative consequences of out-of-wedlock birth on the child, the mother, and society, the reduction of such births is an important government interest. (Sec. 201) Amends SSA title IV Part A (AFDC) and the Food Stamp Act of 1977 to require State plans and State food stamp agencies, respectively, with specified exceptions, to deny AFDC payments for a child born to any unmarried individual under 26 (or later age, if the State so determines). Allows such payments if the child is legally adopted or if the child's custodian marries an individual who assumes lawful paternity or permanent legal guardianship and financial responsibility for the child. Amends the United States Housing Act of 1937 to require public housing contracts to provide for denial of housing and rental assistance in the same circumstances. (Sec. 202) Amends SSA title IV Part A (AFDC) and the Food Stamp Act of 1977 to require similar denial of benefits with respect to any additional children born while the custodial parent was receiving assistance. (Sec. 203) Amends SSA title IV Part A (AFDC) to require reductions in AFDC payments to a family where a child has been born for whom paternity has not been established. Provides for such payments, notwithstanding such denial policy, for a child of up to four months old if some identifying information on the putative father is provided. Subtitle B: Grants for Assistance to Children Born Out-Of-Wedlock - Amends SSA title IV Part A (AFDC) to provide for grants to States for programs to discourage out-of-wedlock births and to care for children born out-of-wedlock. Allows the use of such funds to: (1) establish or expand out-of-wedlock pregnancy reduction programs; (2) promote adoption; (3) establish and operate orphanages; and (4) establish and operate closely supervised residential group homes for unwed mothers. (Sec. 211) Prohibits payments to: (1) parents of out-of-wedlock children; or (2) such children if parent and child live in any conventional residential or community setting, including a relative's household or a household headed by the custodial parent. Subtitle C: Removal of Barriers to Interethnic Adoption - Prohibits any agency or entity involved in adoption or foster care placements and receiving Federal assistance from: (1) categorically denying any person the opportunity to become an adoptive or a foster parent on the basis of the race, color, or national origin of such person or of the child involved; or (2) delaying or denying the placement of a child for adoption or into foster care, or otherwise discriminate in making a placement decision, on such basis with respect to the adoptive or foster parent or child. Permits an agency to consider the race, color, or national origin of a child as a factor in making a placement decision if such factor is relevant to the child's best interests and is considered in conjuction with other factors. Grants any aggrieved individual the right to seek relief in the U.S. district court. Subtitle D: Tax Credit for Certain Low-Income Families - Amends the Internal Revenue Code to allow an additional earned income tax credit for a married individual who: (1) has lived together with his or her spouse at all times during the marriage during the taxable year; and (2) has earned at least $8,500 in income for such year. Title III: Child Support Enforcement - Directs the Secretary of the Treasury to establish a system for the reporting of information relating to child support obligations of employees, including mandatory reporting of such information on W-4 forms. (Sec. 302) Amends SSA title IV Part A (AFDC) to require State agencies to: (1) maintain child support order registries; (2) make all pertinent State records accessible to any agency of any other State through the Interstate Locate Network; (3) give custodial parents access to State parent locator services to aid in establishment and enforcement of child support obligations against noncustodial parents; and (4) give noncustodial parents access to such services to aid in establishment of visitation rights. (Sec. 303) Provides for expansion of the Parent Locator Service. Directs the HHS Secretary to establish an Interstate Locate Network linking the Parent Locator Service and all State databases. Requires regulations governing information sharing among States, within States, and between the States and the Parent Locator Service. (Sec. 304) Amends SSA title IV Part A (AFDC) to require States to have laws requiring employers to withhold child support pursuant to uniform income withholding orders. (Sec. 305) Requires the responsible unit within HHS to develop: (1) a uniform abstract of a child support order containing specified terms for use by all State courts; and (2) procedures providing for voluntary establishment or acknowledgement of paternity. (Sec. 306) Waives the application and genetic testing fees for any individual receiving child support collection or paternity determination services who has been denied AFDC, food stamp, and housing assistance under this Act. Title IV: Specific Reforms in Welfare Spending - Amends the National School Lunch Act to reduce the income eligibility guidelines for reduced price lunches from 185 to 130 percent of the applicable family-size nonfarm income levels. (Sec. 402) Repeals the Mickey Leland Childhood Hunger Relief Act. Applies the Food Stamp Act of 1977 as if the Mickey Leland Childhood Hunger Relief Act had not been enacted. (Sec. 403) Amends the Revenue Reconciliation Act of 1993 to repeal the mandates and authorities for empowerment zones and enterprise communities. (Sec. 404) Amends SSA title IV Part A (AFDC) to reduce by 25 percent monthly benefits to AFDC families who also receive public housing benefits. (Sec. 405) Reduces the authorization of appropriations for social services block grants for each fiscal year after FY 1994. (Sec. 406) Limits specified welfare benefits, currently available to aliens, to U.S. citizens only. Declares that it is the policy of the Congress that States and local educational agencies should not be required to provide a free public elementary or secondary education to any individual who is not a U.S. citizen, a lawful resident alien, or an alien permanently residing in the United States under color of law. Requires a State or local educational agency to notify the Attorney General whenever it learns of a public school child who does not belong to any such category. Requires immediate deportation proceedings against such child. (Sec. 407) Amends SSA title XVI (Supplemental Security Income (SSI) for the Aged, Blind, and Disabled) to direct the HHS Secretary to issue vouchers in lieu of cash benefits to each eligible child under 18 to cover the cost of certain medical expenses. (Sec. 408) Requires an eligibility review during the year after the 18th birthday of any individual receiving disability benefits. (Sec. 409) Requires a specified reduction of the authorization of appropriations for low-income home energy assistance for any fiscal year. Title V: State Options and Miscellaneous Provisions - Amends SSA title IV Part A (AFDC), the Food Stamp Act of 1977, and the United States Housing Act of 1937 to allow States the option to: (1) place a time limit on AFDC, food stamp, and housing assistance to any individual; and (2) apply that time limit to any household moving to a State from another State with such a time limit. (Sec. 502) Amends SSA title IV Part A (AFDC) to give a State the option to treat interstate immigrants under the AFDC benefit rules of their former State. (Sec. 503) Directs the Secretary of Labor, in cooperation with the States, to conduct ongoing evaluations of Federal and State job training programs. Authorizes appropriations. (Sec. 504) Amends specified parts of the Social Security Act, the Food Stamp Act of 1977, and the United States Housing Act of 1937 to require safeguards and information exchange among law enforcement agencies to ensure that fugitive felons and probation and parole violators do not receive Medicaid, AFDC benefits, food stamps, SSI, or housing assistance. Requires public housing agencies to furnish Federal, State or local law enforcement agencies, upon request, the current address of any assistance recipient identified as a fugitive felon or probation or parole violator. Title VI: Capping the Aggregate Growth of Welfare Spending - Specifies FY 1995 through 1996 and subsequent fiscal year caps on Federal spending on certain welfare programs. (Sec. 602) Directs the HHS Secretary to make welfare block grants to the States for aid to low-income households. Prohibits the use of such funds for abortions or for any counseling related to abortion. Sets forth general work, job search, and training requirements for aid recipients, as well as certain participation requirements for States. Denies cash or direct food assistance to young unwed parents as under title II of this Act, or to noncitizens, fugitive felons, or probation or parole violators. (Sec. 603) Terminates funding and State obligations under specified cash, medical, housing, energy, education, jobs and training, social services, and low-income community aid welfare programs as of the end of FY 1994. (Sec. 604) Dedicates to deficit reduction all Federal savings under the spending cap mandated by this title. Requires the adjustment of the present discretionary spending caps for the net increase in discretionary spending that results from the creation of the welfare block grant as a replacement for current welfare entitlement programs. (Sec. 605) Sets forth special rules, upon termination of the AFDC program, with respect to grants for assistance to children born out-of-wedlock. (Sec. 606) Amends SSA title XIX (Medicaid) with respect to Medicaid eligibility criteria after enactment of this Act. Authorizes States to request a waiver to simplify such criteria. Requires the HHS Secretary to review and approve such requests only if Federal Medicaid expenditures will not be increased as a result.
United States · United States Congress · 23 May 1994
Expresses the sense of the House of Representatives that any law enacted pertaining to the reform of our Nation's health care system should apply to Members of Congress and all Federal employees enrolled in the Federal Employees Health Benefits Program, including any individual who is appointed or elected to a position in the executive, legislative, or judicial branch.
United States · United States Congress · 5 May 1994
Amends title XIX (Medicaid) of the Social Security Act to declare that the Secretary of Health and Human Services is not authorized to require a State plan for medical assistance to ensure the provision of necessary non-emergency medical transportation services. Denies Federal payment for such services.
United States · United States Congress · 20 April 1994
Economic Investment and Savings Incentive Act - Amends the Internal Revenue Code to allow a capital gains deduction for noncorporate taxpayers of 60 percent of a three-year capital gain, 40 percent of a two-year capital gain, and 20 percent of a one-year capital gain. Requires indexing, based on the consumer price index, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other disposition, solely for the purpose of determining gain or loss. Allows an individual an exclusion from gross income for qualified investment income. Limits such exclusion to individuals whose modified adjusted income does not exceed $50,000 ($25,000 in the case of separate return by a married individual) and at least 50 percent of such income is attributable to earned income. Allows such exclusion in computing alternative minimum tax.
United States · United States Congress · 14 April 1994
Voter Turnout Enhancement Study Commission Act - Establishes the Voter Turnout Enhancement Study Commission to examine the possibility of changing the filing date of Federal income tax returns to the first Tuesday after the first Monday in November (election day). Terminates the Commission upon submission of a required report. Authorizes appropriations.
United States · United States Congress · 14 April 1994
Amends the Internal Revenue Code to increase the retirement savings deduction and the maximum individual retirement account contribution from $2,000 to $2,500. Raises income phase-out limits. Allows such a deduction for nonemployed spouses. Provides an inflation adjustment for retirement savings deductions. Excludes from gross income qualified distributions from certain retirement plans for first-time homebuyers and higher education expenses of the taxpayer, spouse, or child. Requires the repayment of such amounts with interest.
United States · United States Congress · 13 April 1994
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to require pay-as-you-go estimates with respect to legislation implementing trade agreements to take into account increased revenue caused by economic growth resulting from such legislation to offset any loss in tariff revenues due to that legislation.
United States · United States Congress · 24 March 1994
United States Botanic Garden Commemorative Coin Act of 1995 - Directs the Secretary of the Treasury to: (1) issue one-dollar silver coins to commemorate the 175th anniversary of the founding of the United States Botanic Garden; and (2) pay all surcharges received from such coin sales to the National Fund for the United States Botanic Garden.
United States · United States Congress · 21 March 1994
Abolishes the Medicare and Medicaid Coverage Data Bank established under the Omnibus Budget Reconciliation Act of 1993. Directs the Secretary of Health and Human Services to study and report to the Congress on how to achieve the former objectives of such entity in the most cost-effective manner.
United States · United States Congress · 18 March 1994
Expresses the sense of the Congress that: (1) executive branch entities should not officially recognize, encourage, promote, or fund homosexual events or homosexuality, directly or indirectly, male or female, without explicit congressional mandate; (2) the Office of Personnel Management should administer the civil service system in a way such that quotas, minority status, affirmative action, and other similar concepts do not apply with respect to homosexuality or any claim thereof; and (3) no person should be required to comply with, participate in, or endorse any employee sensitivity training or education relating to homosexuality or cultural diversity, or other similar program, as a condition for appointment, job retention, or advancement in the Federal civil service.
United States · United States Congress · 17 March 1994
TABLE OF CONTENTS: Title I: Golden Gate National Area Title II: Presidio Public Benefit Corporation Title I: Golden Gate National Recreation Area - Includes certain areas in Mateo County, California, within the Golden Gate National Recreation Area. Authorizes the Secretary of the Interior to: (1) utilize the resources of the Presidio unit of the Golden Gate National Recreation Area, California, to provide for and support programs and activities that foster research, education, and demonstration projects concerning the environment, international affairs, cultural understanding, health, and science; (2) negotiate and enter into leases, as appropriate, with any private or government entity for the use of any property within the Presidio, except such properties which the Secretary of Defense determines are essential for the continued use of the Presidio by the sixth Army in accordance with the Area's General Management Plan or the Act establishing the Area; (3) negotiate and enter into leases or other appropriate agreements with any Federal agency or organization to house that agency's or organization's employees who are engaged in activities or programs at the Presidio; and (4) enter into interagency permitting agreements or other appropriate agreements with the Secretary of Defense and the Administrator of the Federal Emergency Management Agency and leases with the Red Cross to house their activities and employees at the Presidio. Requires the Secretary to establish competitive bidding procedures to be used for the issuance of such leases. Authorizes the Secretary to enter into cooperative agreements and permits for purposes of such Area. Title II: Presido Public Benefit Corporation - Authorizes the President to establish the Presidio Public Corporation only after San Francisco makes specified zoning decisions. Requires the Secretary to transfer all lands, facilities, and interest in certain Presidio properties to the Corporation. Transfers the Public Health Service Hospital and surrounding 36 acres to the administrative jurisdiciton of the Corporation. Directs the Corporation to sell: (1) the Public Health Service Hospital and adjacent golf course and allows it to use the proceeds of the sale for any function authorized by this Act; and (2) at fair market value, the Letterman Army Institute of Research, Letterman Army Medical Center, and such other buildings and lands in the Letterman complex necessary to conduct scientific research or education programs pertaining to human health to the University of California and authorizes it to use the proceeds from the sale for the same purposes. Allows the Secretary or other Cabinet officers to provide Federal personnel, facilities, and services to the Corporation on a reimbursement basis. Declares that the Corporation is devoted to an essential public and governmental function and purpose. Exempts it from all Federal taxes and special assessments. Applies all general penal statutes relating to the larceny, embezzlement, or conversion of public moneys or U.S. property to the moneys and property of the Corporation. Subjects the Corporation to provisions of Federal laws relating to administrative procedures and freedom of information.
United States · United States Congress · 16 March 1994
Deficit Reduction Lock Box Act of 1994 - Establishes the Deficit Reduction Trust Fund consisting of amounts contained in deficit reduction lock box provisions of appropriations Acts. Reduces discretionary spending limits by amounts transferred to the Fund. Amends the Congressional Budget Act of 1974 to require that amounts resulting from reduced spending under general appropriations bills be placed in the Fund. Requires the Congressional Budget Office to score all general appropriations measures as passed by the House and Senate and to publish such scorecard in the Congressional Record.
United States · United States Congress · 8 March 1994
Amends rule XXI of the Rules of the House of Representatives to require a three-fifths majority vote to agree to any bill, joint resolution, amendment, or conference report that raises revenues.
United States · United States Congress · 28 February 1994
TABLE OF CONTENTS: Title I: Portable and Permanent Private Health Insurance Subtitle A: Portability Subtitle B: Permanence Title II: Expansion of Health Care Choices Subtitle A: Employer-Provided Health Insurance Subtitle B: Medical Savings Accounts Title III: Equal Tax Treatment for Health Insurance of Self-Employed and Uninsured Title IV: Small Business Health Insurance Pools Title V: Assistance to Individuals With Preexisting Conditions in Purchasing Health Insurance Title VI: Encourage Responsible Behavior by the Financially Capable Title VII: Assistance to Low-Income Workers to Purchase Health Insurance Title VIII: Reward Preventive Medicine and Healthy Lifestyles Title IX: Reform Medicaid and Expand Choices Under Medicare Subtitle A: Medicaid Subtitle B: Medicare Title X: Enhanced Efficiency Through Paperwork Reduction Title XI: Meaningful Medical Liability Reform Title XII: Antitrust Reforms Title XIII: Expenditure Targets for the Medicaid and Medicare Programs Comprehensive Family Health Access and Savings Act - Title I: Portable and Permanent Private Insurance - Subtitle A: Portability - Amends the Internal Revenue Code to modify required continuation coverage of group health plans by allowing the offering of annual deductibles for such coverage. Terminates such continuation coverage after an individual is eligible for employer-based coverage for more than 90 days. (Sec. 102) Allows penalty-free withdrawals from qualified retirement plans to pay for health insurance during a continuation period. Subtitle B: Permanence - Prohibits an insurer from cancelling an individual or group health insurance plan or denying renewal of coverage except for specified reasons. Prohibits an employer from cancelling a self-insured group health plan or denying renewal of coverage except for similar reasons. (Sec. 112) Requires individual health insurance plans and group health plans to offer insureds the option to purchase new health insurance plans after enactment of this Act. Title II: Expansion of Health Care Choices - Subtitle A: Employer-Provided Health Insurance - Requires an employer-provided health insurance package to include one of the following options: (1) the health insurance coverage provided by the employer on the date of enactment of this Act; (2) coverage in a health maintenance organization, managed care arrangement, or preferred provider organization; or (3) a medical savings account. Subtitle B: Medical Savings Account - Allows a deduction from gross income for medical expenses attributable to coverage under a catastrophic health insurance plan. (Sec. 212) Allows individuals a tax deduction for contributions made to a medical care savings account established for the benefit of an eligible individual or such individual's spouse and dependents. 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 and for prohibited transactions. Title III: Equal Tax Treatment for Health Insurance of Self-Employed and Uninsured - Allows as an exclusion from gross income such self-employed health insurance costs as do not exceed the national per employee average of the employer-provided contribution excluded from gross income. Excludes certain health insurance costs from employment taxes. Title IV: Small Business Health Insurance Pools - Prohibits: (1) State restrictions on groups purchasing health insurance; (2) State benefit mandates for group health plans; and (3) for five years following enactment, specified State restrictions on managed care. Title V: Assistance to Individuals with Preexisting Conditions in Purchasing Health Insurance - Requires the Secretary to establish and administer a program providing allotments to States for the establishment of State-wide insurance risk pools to provide health insurance coverage to individuals with preexisting conditions. Authorizes appropriations. Title VI: Encourage Responsible Behavior by the Financially Capable - Prohibits any family with an income exceeding 200 percent of the poverty line or who is eligible for a catastrophic health insurance plan as defined in title VII of this Act, but who fails to purchase a plan providing such coverage within one year of enactment from being eligible for the insurance pool program under title V of this Act. Title VII: Assistance to Low-Income Workers to Purchase Insurance - Amends the Internal Revenue Code to allow a refundable tax credit for the cost of premiums for a catastrophic health insurance plan based upon family income and size. Allows the advance payment of such credit. Disallows the use of such credit amount as a medical expense deduction. (Sec. 702) Allows the collection of unpaid debts for medical expenses from individuals who are eligible for such credit but fail to claim it. Title VIII: Reward Preventive Medicine and Healthy Lifestyles - Provides that in the case of any health insurance plan, no provision of State or local law shall apply that restricts the reduction of premiums or the allowance of incentives with respect to such plans for individuals who pursue healthy lifestyles. Title IX: Reform Medicaid and Expand Choices Under Medicare - Subtitle A: Medicaid - Amends title XIX (Medicaid) of the Social Security Act to place a specified formula cap on the Federal payment made each year to a State for furnishing medical assistance to eligible individuals. (Sec. 902) Provides for waivers from Medicaid requirements in order for States to establish innovative and cost-effective programs for furnishing medical assistance to eligible individuals. Subtitle B: Medicare - Amends title XVIII (Medicare) of the Social Security Act to allow an individual to elect health care coverage through either a private health care arrangement or an eligible organization within one year after becoming entitled to benefits under Medicare part A (Hospital Insurance) or forgoing an employer health benefit plan. Details the election process for current Medicare part A beneficiaries. Provides for payments under Medicare to individuals enrolled with such arrangements or organizations, including additional amounts from the Medicare trust funds for individuals enrolled with such arrangements. Title X: Enhanced Efficiency Through Paperwork Reduction - Directs the Secretary of Health and Human Services to adopt standards to reduce the administrative and paperwork burdens of all Federal health care programs by 50 percent within the two-year period following the date of this Act's enactment (initial reduction), and by an additional 50 percent reduction over a subsequent three-year period (subsequent reduction), for a total reduction of 75 percent over the five-year period following such date. Requires the Secretary, to achieve the initial reduction, to adopt standards for Federal health care programs relating to: (1) data elements for use in paper and electronic claims processing under health insurance plans, as well as for use in utilization review and management of care; (2) uniform claims forms; and (3) uniform electronic transmission of the data elements, including protections to assure the confidentiality of patient-specific information and to protect against the unauthorized use and disclosure of information. Directs the Secretary, to achieve the subsequent reduction, to modify by regulation the standards adopted with respect to the initial reduction. Specifies that such modification may include such recommendations as reported by the Standardized Form Commission or any other provisions necessary to meet the goals for reduction in the paperwork burden of Federal health care programs. (Sec. 1002) Requires each State, to be eligible for Federal funds in connection with any State-administered health care program, to standardize the processing of paper and electronic claims to reduce the administrative and paperwork burdens on such programs by 75 percent during the five-year period following enactment of this Act. Sets forth provisions regarding enforcement of this provision and waivers of payment reductions for noncompliance. (Sec. 1003) Directs the Secretary to: (1) establish a Standardized Forms Commission to make recommendations on the standardization of paper and electronic claims processing to reduce the paperwork burden and enhance the efficiency and productivity of claims processing; and (2) submit recommendations to the Congress in the form of an implementing bill. Sets forth procedures for congressional consideration of such bill. Makes a health care provider or insurer that fails to comply with any enacted recommendations of the Commission ineligible for payments of claims submitted under any provision of the Social Security Act or the Public Health Service Act. Title XI: Meaningful Medical Liability Reform - Makes this title applicable with respect to any medical malpractice liability claim or action (such action) brought in State or Federal court, except with respect to certain claims or actions for damages arising from a vaccine-related injury or death. Sets forth provisions regarding: (1) preemption; (2) negotiated liability; (3) effect on sovereign immunity and choice of law or venue; and (4) jurisdiction. (Sec. 1102) Prohibits such action from being initiated after the expiration of: (1) the two-year period that begins on the latter of the date the alleged injury that is the subject of the claim was discovered or the date the injury should reasonably have been discovered; and (2) the four-year period that begins on the date on which the alleged injury occurred. Makes an exception for a minor who has not attained age six. (Sec. 1103) Provides that: (1) the liability of each defendant in such action, with respect to economic and noneconomic damages, shall be several only and not joint; (2) such a defendant shall be liable only for the amount of damages allocated to the defendant in direct proportion to such defendant's percentage of fault or responsibility for the injury; and (3) the trier of fact shall determine and assign a percentage of responsibility for each such defendant. (Sec. 1104) Requires: (1) all requests for discovery pursuant to such action to identify the relevant portion of the complaint, answer, or other pleading to which responses to the discovery requests are expected to relate; and (2) the court, with respect to any motion for an order compelling discovery, to award the prevailing party reasonable fees and expenses incurred in bringing or defending against the motion, including reasonable attorney fees, unless the court finds that the position of the unsuccessful party with substantially justified or that special circumstances make such an award unjust. (Sec. 1105) Limits the total amount of noneconomic damages that may be awarded to a claimant and family members to $250,000, regardless of the number of parties against whom the action is brought or the number of actions brought with respect to the injury. (Sec. 1106) Specifies that a defendant may not be required to pay damages awarded for any economic losses to be incurred after the date on which the judgment is entered exceeding $100,000, in a single, lump-sum payment, but shall be permitted to make such payments periodically based on projections of the amount of damages expected to be incurred by the claimant at appropriate intervals, as determined by the court. Permits the court to require that a defendant purchase an annuity or fund a reversionary trust to make periodic payments if the court determines that a reasonable basis exists for concluding that the defendant may be unable or otherwise fail to make the required periodic payments. Specifies that a court judgment awarding such payments may not be reopened at any time to contest, amend, or modify the schedule or amount of the payments in the absence of fraud or any other basis under which a party may obtain relief from a final judgment. (Sec. 1107) Sets forth provisions regarding costs and fees, including limitations on attorneys charging or collecting contingency fees. Establishes recordkeeping requirements as a prerequisite to the receipt of an award of attorney fees. (Sec. 1108) Sets forth provisions regarding: (1) contribution and indemnification; and (2) collateral sources. (Sec. 1110) Prohibits the award of noneconomic damages with respect to any medical product liability claim alleged against a medical product producer if: (1) the drug or device that is the subject of such claim was subject to specified approval or premarket approval under the Federal Food, Drug, and Cosmetic Act by the Food and Drug Administration (FDA); or (2) the drug or device is generally recognized as safe and effective pursuant to conditions established by the FDA and applicable regulations, including packaging and labeling regulations. Makes exceptions in cases of withheld information, misrepresentation, or illegal payment of FDA officials to secure approval. (Sec. 1111) Provides that, in any medical malpractice liability action that is certified as a class action: (1) the share of damages under any final judgment or settlement that is awarded to any party serving as a representative claimant shall be calculated in the same manner as the shares awarded to all other members of the claimant class (but permits the award of reasonable compensation, costs, and expenses relating to the representation of the class); (2) if a party is represented by an attorney who has a beneficial interest in the subject of the litigation, the court shall make a determination of whether such interest constitutes a conflict of interest sufficient to disqualify the attorney; and (3) an attorney may not represent the class if the attorney has paid, or is obligated to pay, a fee to a third party who assisted the attorney in obtaining the representation of any party to the action (and bars an attorney who knowingly violates this provision from representing the party in such action or any action to which this title applies). Title XII: Antitrust Reforms - Directs the Attorney General to promulgate guidelines under which a health care joint venture may submit an application requesting that the Attorney General provide the entities participating in the venture with an exemption under which: (1) monetary recovery on an antitrust claim brought against the entity shall be limited to actual damages if specified conditions are met; and (2) the conduct of the entity in making or performing a contract to carry out the venture shall not be deemed illegal per se. Requires the Attorney General to approve or disapprove the application within a specified time frame and to provide a statement explaining the reasons for any disapproval. Directs the Attorney General to approve the application if an entity participating in the venture submits to the Attorney General an application that contains: (1) the identities of the parties to the venture; (2) the nature, objectives, and planned activities of the venture; and (3) specified assurances and information. Sets forth provisions regarding: (1) revocation and renewal of exemptions and withdrawal of an application; (2) requirements relating to notice and publication of exemptions; and (3) issuance of health care certificates of public advantage to each eligible health care joint venture that complies with specified requirements. (Sec. 1203) Establishes the Interagency Advisory Committee on Competition, Antitrust Policy, and Health Care to: (1) discuss and evaluate competition and antitrust policy and their implications regarding the performance of health care markets; (2) analyze the effectiveness of health care joint ventures receiving exemptions in reducing costs and expanding access; and (3) make recommendations to the Congress. Title XIII: Expenditure Targets for the Medicaid and Medicare Programs - Requires the Director of the Office of Management and Budget, not later than 30 days after the end of each fiscal year beginning with FY 1995, to determine the amount of "medicaid excess expenditures" and "medicare excess expenditures" for such fiscal year. Defines such terms for a fiscal year as the amount by which the Federal expenditures under each such program for such fiscal year exceed the target expenditures for each such program. Sets formulas for determining the target expenditures. (Sec. 1302) Provides that if the Director determines that there are Medicaid or Medicare excess expenditures for a fiscal year, specified categories of health insurance benefits (including certain tax credits and exclusions and assistance to individuals with preexisting conditions in purchasing health insurance) that are effective in the applicable taxable or calendar year beginning after such fiscal year may be delayed until the following year. Makes such provision applicable only to so many of such categories in the order in which such categories are listed such that the savings resulting from such delay at least equal the costs of the Medicaid and Medicare excess expenditures.
United States · United States Congress · 24 February 1994
Prohibits any Federal official, employee, or agency from imposing, through a global budget, a cap on health insurance premiums or any other limit on private health care expenditures which has an adverse impact on the health care choices of individuals in one or more U.S. geographic areas.
United States · United States Congress · 23 February 1994
Private Property Owners Bill of Rights - Requires Federal agency heads to: (1) comply with applicable State and tribal government laws in implementing and enforcing the Endangered Species Act of 1973 (ESA) and the permitting program for dredged or filled material under the Federal Water Pollution Control Act (FWPCA); (2) administer and implement the Acts in a manner that least affects the private property owners' constitutional and other legal rights; (3) develop and implement rules and regulations for ensuring that such rights are protected when making any final decision that restricts the use of private property; (4) obtain the consent of the property owner and provide appropriate notice before entering privately-owned property in order to collect information on it; and (5) give the property owner an opportunity to review and dispute the data collected before using it to implement or enforce any of the Acts. Amends ESA and FWPCA to provide for administrative appeals of certain actions, including those related to the denial of permits and the imposition of administrative penalties. Entitles a private property owner deprived of 50 percent or more of the fair market value or the economically viable use of a portion of property as a consequence of a final qualified agency action to receive compensation upon request in accordance with specified guidelines. Amends ESA to require the Secretary of the Interior to notify all private property owners or lessees of property subject to a management agreement and provide an appropriate opportunity for their participation in such an agreement when the Secretary enters into it with any non-Federal person establishing restrictions on property use.
United States · United States Congress · 23 February 1994
Health Care Reform Job Preservation Act - Requires the Director of the Office of Management and Budget and the Director of the Congressional Budget Office each to study and report to the Congress and the President on the effect of any comprehensive health care reform legislation passed by the 103d Congress on: (1) job loss and gain; (2) shifts to jobs requiring lesser levels of education or skill; (3) shifts from full-time to part-time employment; and (4) decrease in wages or salaries. Provides that any such comprehensive health care reform legislation shall not take effect until such job impact reports are completed and the President submits to the Congress written notification that the President has reviewed the reports and knows of any job losses and shifts in types of available jobs the reports may predict.
United States · United States Congress · 23 February 1994
Prohibits the Secretary of Health and Human Services from finding that a State Medicaid plan fails to meet Medicaid requirements solely because it does not cover abortions for pregnancies resulting from rape or incest if coverage for such an abortion is inconsistent with State law.
United States · United States Congress · 22 February 1994
Repeals the substantiation requirement for the deduction of certain charitable contributions as added to the Internal Revenue Code by the Revenue Reconciliation Act of 1993 (title XIII of the Omnibus Budget Reconciliation Act of 1993).
United States · United States Congress · 10 February 1994
TABLE OF CONTENTS: Title I: Interdiction Title II: Alien Smuggling Title III: Employment Title IV: Government Benefits Title V: Criminal Aliens Title VI: Terrorist Aliens Title VII: Inspections Title VIII: Asylum Illegal Immigration Control Act of 1994 - Title I:Interdiction - Directs the Attorney General to install additional physicial barriers in high illegal-entry border areas. (Sec. 102) Authorizes appropriations for additional Border Patrol personnel. (Sec. 103) Directs the Attorney General and the Commissioner of the Immigration and Naturalization Service (INS) to: (1) implement an interior repatriation program for illegal aliens who have been deported at least three times; and (2) increase border detention facilities. (Sec. 104) Authorizes the transfer of closed military bases to be used as Federal incarceration facilities for illegal aliens. (Sec. 105) Authorizes the Attorney General to require vessels to provide INS with port of entry notification. (Sec. 106) Directs the Commissioner to collect a user fee for each U.S. land entry. (Sec. 107) Establishes a Border Control Trust Fund. Title II: Alien Smuggling - Amends the Immigration and Nationality Act (the Act) to expand INS forfeiture authority for smuggling or harboring illegal aliens. (Sec. 202) Brings alien smuggling operations under the purview of the Racketeer Influenced and Corrupt Organizations (RICO) provisions. (Sec. 203) Amends the Act to increase penalties for certain alien smuggling offenses. (Sec. 204) Amends Federal law to authorize INS wiretaps for alien smuggling investigations. Title III: Employment - Amends the Act to revise alien employment documentation and employer verification provisions, including social security card enhancements. (Sec. 302) Authorizes appropriations for additional INS investigators. Title IV: Government Benefits - Prohibits direct Federal benefits (except for emergency medical care) or housing assistance to an alien who is not a permanent resident, a refugee, an asylee, or a parolee. (Sec. 402) Prohibits unemployment benefits to an alien who has not been granted INS work authorization. (Sec. 404) Authorizes appropriations for the Save System. (Sec. 405) Reduces Federal assistance by 20 percent to any locality that refuses to cooperate in the arrest and deportation of illegal aliens. (Sec. 406) Establishes a uniform vital statistics pilot program for three States with high numbers of undocumented aliens. Authorizes appropriations. Title V: Criminal Aliens - Amends the Act to include aliens on criminal probation or criminal parole among the categories of aliens subject to special registration. (Sec. 502) Expands the definition of "aggravated felony." (Sec. 503) Expedites deportation proceedings for specified criminal aliens. (Sec. 504) Provides for judicial deportation of aliens convicted of an aggravated felony. (Sec. 505) Restricts specified deportation defenses. (Sec. 508) Directs the Commissioner to operate a criminal alien tracking center. Authorizes appropriations. (Sec. 509) 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. Title VI: Terrorist Aliens - Amends the Act to establish procedures for the removal of alien terrorists, including a special court to hear such cases. (Sec. 602) Makes membership in a terrorist organization a basis for U.S. exclusion. Title VII: Inspections - Directs the Attorney General to establish: (1) specified numbers of preinspection stations at foreign airports identified as last departure points for the greatest numbers of U.S.-arriving passengers and at those with the greatest numbers of U.S.-arriving undocumented aliens; and (2) an air carrier consultant program. (Sec. 702) Provides for the training of airline personnel in fraudulent document detection. (Sec. 703) Amends Federal law to increase specified passport and visa penalties. Title VIII: Asylum - Amends the Act to revise asylum procedures. (Sec. 802) Sets forth mandatory and discretionary conditions for granting provisional asylum.
United States · United States Congress · 9 February 1994
National Voter Opportunity To Inform Congress Effectively (V.O.I.C.E.) on Term Limits Act of 1994 - Requires the Clerk of the House of Representatives and the Secretary of the Senate to certify to the appropriate State election agencies for inclusion on the 1994 general election ballot in every congressional district a national advisory referendum that poses the question of whether the Congress should approve a constitutional amendment to limit the number of terms that a Member of Congress can serve in office. Requires tabulation and certification of the election results under customary procedures. Makes the Clerk of the House and the Secretary of the Senate responsible for transmitting such results to each Member. Requires the results to be taken under advisement by the House and the Senate Judiciary Committees, with recommendations for response reported back to the Congress within six months of the general election. Requires the State election agencies to forward to the Clerk of the House and the Secretary of the Senate their comments or suggestions regarding changes or improvements in procedures for conducting national nonbinding referenda in future general elections.
![Official portrait of Rep. Armey, Richard K. [R-TX-26]](https://www.congress.gov/img/member/a000217_200.jpg)