United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Capital Gains Reform Title II: Neutral Cost Recovery Title III: Risk Assessment and Cost/Benefit Analysis for New Regulations Subtitle A: Risk Assessment and Communication Subtitle B: Analysis of Risk Reduction Benefits and Costs Subtitle C: Peer Review Title IV: Establishment of Federal Regulatory Budget Cost Control Title V: Strengthening of Paperwork Reduction Act Subtitle A: Authorization of Appropriations Subtitle B: Reducing the Burden of Federal Paperwork on the Public Subtitle C: Enhancing Government Responsibility and Accountability for Reducing the Burden of Federal Paperwork Subtitle D: Enhancing Agency Responsibility for Sharing and Disseminating Public Information Subtitle E: Additional Government Information Management Responsibility Subtitle F: Effective Dates Title VI: Strengthening Regulatory Flexibility Title VII: Regulatory Impact Analyses Title VIII: Protection Against Federal Regulatory Abuse Subtitle A: Citizens' Regulatory Bill of Rights Subtitle B: Private Sector Whistleblowers' Protection Title IX: Private Property Rights Protections and Compensation Title X: Establishment of Federal Mandate Budget Cost Control Title XI: Taxpayer Debt Buy-Down Title XII: Small Business Incentives Job Creation and Wage Enhancement Act of 1995 - Tit: I: Capital Gains Reform - Amends the Internal Revenue Code to allow a 50 percent income tax deduction for the net capital gain of both corporate and noncorporate taxpayers. (Sec. 1002) Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset or property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss. (Sec. 1003) Allows an itemized deduction for losses arising from the sale or exchange of a principal residence. Title: : Neutral Cost Recovery - Allows the depreciation deduction to be computed based on a neutral recovery basis for property placed in service after December 31, 1994. Title III: Risk Assessment and Cost/Benefit Analysis for New Regulations - Subtitle A: Risk Assessment and Communication - Risk Assessment and Communication Act of 1995 - Requires the head of each Federal agency to apply specified principles when preparing risk assessments in order to assure that such assessments and all of their components distinguish scientific findings from other considerations and are scientifically objective, unbiased, and inclusive of all relevant data. (Sec. 3105) Directs such agencies to comply with specified requirements (with respect to risk estimates, exposure scenarios, comparisons, and substitution risks) in characterizing risk in any risk assessment document, regulatory proposal or decision, report to the Congress, or other document which is made available to the public. (Sec. 3106) Requires the President to: (1) issue guidelines, subject to periodic review, consistent with such risk assessment and characterization principles; and (2) provide a format for summarizing risk assessment results. Requires each Federal agency to publish a plan (including procedures for receiving and considering new information and risk assessments from the public) to review and revise any risk assessment published before a certain date if significant new information or methodologies are available that could significantly alter the results of such risk assessment; and evaluate for the Congress certain categories of policy and value judgments. Subtitle B: Analysis of Risk Reduction Benefits and Costs - Directs the President to require each executive agency to prepare specified assessments for each major rule designed to protect human health, safety, or the environment it proposes or promulgates. (Sec. 3201) Requires for any proposed or promulgated rule: (1) assessments of incremental costs and incremental risk reduction or other benefits associated with each significant regulatory alternative (SRA) considered in connection with the rule; (2) comparisons to other selected risks of any human health, safety, or environmental risks addressed by an SRA; and (3) a statement of substitution risks and other human health risks potentially posed by the SRAs. Requires for each final rule: (1) an assessment of the costs and risk reduction or other benefits associated with it, plus a certification that this assessment is based on an objective and unbiased scientific and economic evaluation of all significant and relevant information provided by interested parties; and (2) certain other certifications, including one that no statute-allowed regulatory alternative would achieve an equivalent risk reduction. Requires the head of each agency, for each such major rule, to publish its assessment information in the Federal Register. Subtitle C: Peer Review - Requires: (1) the head of each Federal agency to develop a systematic program meeting specified requirements for peer review of risk and economic assessments used by the agency for regulatory programs addressing human health, safety, or the environment; (2) each Federal agency to provide for peer review of scientific and economic information used for, among other things, evaluating certain risk assessments; and (3) the Director of the Office of Management and Budget (OMB) to order that peer review be provided for any major risk or cost assessment that may have a significant impact on public policy decisions. (Sec. 3301) Requires: (1) each Federal agency head to write a response to all significant peer review comments; and (2) all peer review comments, conclusions, and agency responses to be available to the public and part of the administrative record for judicial review purposes. Directs the President to appoint National Peer Review Panels to review annually all agency risk and cost assessment practices for programs designed to protect human health, safety, or the environment. Title IV: Establishment of Federal Regulatory Budget Cost Control - Amends the Congressional Budget Act of 1974 to require the Office of Management and Budget (OMB) and the Congressional Budget Office (CBO) to jointly report to the President and the Congress on direct costs to the private sector of complying with Federal regulations. Requires such reports to be issued in five-year intervals. Provides for initial and subsequent annual reports to the President and the Congress on an aggregate regulatory baseline which is a project of the aggregate direct cost to the private sector of complying with Federal regulations for budget years and outyears. Requires a concurrent resolution on the budget to include reconciliation directives specifying changes: (1) in laws and regulations necessary to reduce, by specified percentages, such direct costs; and (2) in laws necessary to reduce, by specified percentages, personnel and administrative overhead and to achieve programmatic savings. Provides for the allocation of aggregate two-year regulatory authority among congressional committees. Requires the CBO to submit to the appropriate committees (except the Committees on Appropriations) an analysis of private sector regulatory costs for each public bill or resolution. (Sec. 4002) Requires the President's annual budget submissions to comply with reconciliation directives. (Sec. 4003) Amends the Regulatory Flexibility Act to require Federal agencies to prepare an analysis of the costs that will be incurred by small entities, other businesses, and individuals in complying with proposed agency rules. Title V: Strengthening of Paperwork Reduction Act - Paperwork Reduction Act of 1995 - Subtitle A: Authorization of Appropriations - Amends Federal law to authorize increased appropriations to the Office of Information and Regulatory Affairs (OIRA). Subtitle B: Reducing the Burden of Federal Paperwork on the Public - Amends Federal law to: (1) ensure coverage of all aspects of federally imposed paperwork burdens; and (2) revise provisions on assignment of tasks and deadlines, providing for Government-wide as well as individual agency goals of further reductions in such burdens by five percent increments each fiscal year for five fiscal years. Subtitle C: Enhancing Government Responsibility and Accountability for Reducing the Burden of Federal Paperwork - Amends Federal law with respect to the authority and functions of the OMB Director and public information collection activities, among other changes providing for: (1) procedures under which an agency must estimate the burden of compliance with any proposed collection of information; (2) expedited OMB review of proposed information collection requests; and (3) protection for whistleblowers of unauthorized paperwork burden. (Sec. 5306) Revises public participation requirements with regard to the review of information collections. (Sec. 5307) Provides that upon the request of an agency head, the Director shall approve a proposed change to an existing information collection request within 30 days after receiving it. Subtitle D: Enhancing Agency Responsibility for Sharing and Disseminating Public Information - Gives the Director additional specified functions related to agency dissemination and sharing of public information. (Sec. 5402) Delineates agency responsibilities for sharing and disseminating public information. (Sec. 5403) Abolishes the Federal Information Locator System, replacing it with systems for agency inventory of information dissemination products, available for public access by electronic means at no charge. Subtitle E: Additional Government Information Management Responsibility - Revises the statistical policy and coordination functions of the OMB Director. (Sec. 5503) Requires the Director's annual report to the Congress on Federal information policy coordination activities to include certain additional information, including listings of increases in paperwork burdens. (Sec. 5504) Includes as a new automatic data processing function of the Director developing and annually revising a five-year plan for meeting the automatic data processing equipment and other information technology needs of the Federal Government. Subtitle F: Effective Dates - Sets forth the effective dates for this title. Title VI: Strengthening Regulatory Flexibility - Amends Federal civil service law to repeal the ban on judicial review of regulatory flexibility analyses and other specified applications of such law to agency actions. (Sec. 6002) Requires consideration of direct and indirect effects of rules, as well as transmittal of proposed rules and initial regulatory flexibility analysis to the Chief Counsel for Advocacy of the Small Business Administration for possible reply in the form of a statement of opposition to the proposed rule. (Sec. 6004) Expresses the sense of the Congress that such official should be permitted to appear as amicus curiae in any action or case brought in a U.S. court for the purpose of reviewing a rule. Title VII: Regulatory Impact Analyses - Administrative Procedure Reform Act of 1995 - Amends Federal civil service law to: (1) provide for rulemaking notices for major rules, including a final Regulatory Impact Analysis; (2) add hearing requirements for proposed rules; (3) extend the comments period; and (4) require the head of an agency to publish in the Federal Register responses to comments received regarding the rule. (Sec. 7004) Provides for the general application of Executive Order 12291 (relating to Federal regulation requirements and regulatory impact analysis) to each agency, with each preliminary and final Regulatory Impact Analysis required for a rule under the Order containing specified information in lieu of the information currently required. (Sec. 7005) Prohibits an agency from adopting a major rule unless the final Regulatory Impact Analysis for the rule is approved by the OMB Director or by an individual designated by the Director for that purpose. (Sec. 7006) Prohibits, to the extent practicable, the head of an agency from publishing in the Federal Register any proposed major rule, summary of a proposed major rule, or Regulatory Impact Analysis unless the OMB Director certifies that, among other things, it: (1) is written in a reasonably simple and understandable manner and is easily readable; and (2) provides adequate notice of the content of the rule, summary, or Analysis to affected and interested persons that have some subject matter expertise. (Sec. 7007) Requires the OMB Director to report to the Congress analyses of rulemaking procedures of Federal agencies and their impact on the regulated public and regulatory process. Title VIII: Protection Against Federal Regulatory Abuse - Subtitle A: Citizens' Regulatory Bill of Rights - Grants certain regulatory rights, such as the right to have an attorney or accountant present, to any person who is the target of a Federal investigative or enforcement action upon the initiation of an inspection, investigation, or other official proceeding directed against that person, except in cases where to do so would substantially delay responding to an imminent danger to person or property or substantially or unreasonably impede a criminal investigation. Subtitle B: Private Sector Whistleblowers' Protection - Private Sector Whistleblowers' Protection Act of 1995 - Outlines protection against reprisal through specified prohibited regulatory practices for disclosure of information that any person subject to Federal or certain State regulation believes is indicative of waste, fraud, or abuse. (Sec. 8208) Provides that any person with reason to believe that an agency employee has engaged in a prohibited regulatory practice may request the Special Counsel to investigate. Title IX: Private Property Rights Protections and Compensation - Entitles a private property owner to receive compensation from the United States in accordance with specified guidelines for any agency infringement or deprivation of rights with regard to their property. Prescribes procedures for obtaining such compensation. Title X: Establishment of Federal Mandate Budget Cost Control - Amends the Congressional Budget Act of 1974 to set forth reporting requirements for OMB and CBO with respect to reducing the direct costs to States and local governments of complying with Federal mandates. Requires concurrent resolutions on the budget to provide for such reductions until such costs do not exceed three percent of the estimated gross domestic product for the same fiscal year as the costs will be incurred. Requires CBO to prepare an analysis of mandated costs for States and local governments for each public bill or resolution reported in the Congress (except those from Appropriations Committees). Requires a similar analysis in the President's annual budget submissions. (Sec. 10003) Requires initial regulatory flexibility analyses for proposed rules that establish or implement new Federal mandates to contain a description of the nature and amount of monetary costs to be incurred by State and local governments. Requires Federal agencies to prepare a cost estimate and cost/benefit analysis of such mandates that would cost State and local governments at least $10 million for a fiscal year. Title XI: Taxpayer Debt Buy-Down - Amends the Internal Revenue Code to allow every individual with adjusted income tax liability to designate on their tax returns that a portion of such liability (not to exceed ten percent) be used to reduce the public debt. (Sec. 11002) Establishes a Public Debt Reduction Trust Fund for the deposit of designated amounts. Makes amounts in such Trust Fund available only to pay at maturity, or to redeem or buy before maturity, any obligation of the Federal Government included in the public debt. Prohibits the reissuance of any obligation which is paid, redeemed, or bought with amounts from the Trust Fund. (Sec. 11003) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for the sequestration of amounts designated to the Trust Fund. Specifies accounts exempt from such sequestration. Includes aggregated amounts designated to the Trust Fund and amounts sequestered to reduce the public debt in sequestration preview and final reports. Title XII: Small Business Incentives - Amends the Internal Revenue Code to increase the unified credit against the estate tax and the unified credit against the gift tax and provide a cost-of-living adjustment for such credits. (Sec. 12002) Increases the dollar limitation on the election to expense certain depreciable business assets. (Sec. 12003) Provides qualifications for a home office as a principal place of business for purposes of the deductibility of expenses.
United States · United States Congress · 4 January 1995
Line Item Veto Act - Grants the President legislative line item veto rescission authority. Authorizes the President to rescind all or part of any discretionary budget authority or veto any targeted tax benefit if the President determines that such rescission: (1) would help reduce the Federal budget deficit; (2) will not impair any essential Government functions; and (3) will not harm the national interest. Requires the President to notify the Congress of such a rescission or veto by special message after enactment of appropriations legislation providing such budget authority or a revenue Act containing a targeted tax benefit. Makes such a rescission effective unless the Congress enacts a rescission disapproval bill. Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission disapproval legislation in the Senate and the House of Representatives.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Review of Unfunded Federal Mandates Title II: Regulatory Accountability and Reform Title III: Legislative Accountability and Reform Unfunded Mandate Reform Act of 1995 - Prohibits this Act from applying to any provision in a Federal statute or proposed or final Federal regulation that: (1) enforces constitutional rights of individuals; (2) establishes or enforces any statutory rights that prohibit discrimination on the basis of race, religion, gender, national origin, or handicapped or disability status; (3) requires compliance with accounting and auditing procedures with respect to grants or other money or property provided by the Federal Government; (4) provides for emergency assistance or relief at the request of any State, local, or tribal government; (5) is necessary for national security or ratification or implementation of international treaty obligations; or (6) is designated as emergency legislation. Title I: Review of Unfunded Federal Mandates - Establishes the Commission on Unfunded Federal Mandates to investigate and review the role of unfunded Federal mandates in intergovernmental relations and their impact on State, local, tribal, and Federal government objectives and responsibilities. Requires the Commission to make recommendations to the President and the Congress with regard to: (1) allowing flexibility where the terms of compliance are unnecessarily rigid or complex; (2) consolidating or simplifying unfunded Federal mandates in order to facilitate compliance; (3) terminating those mandates which are duplicative, obsolete, or lacking in practical utility; and (4) temporarily suspending those mandates which are not vital to public health and safety and which compound the fiscal difficulties of State, local, and tribal governments. (Sec. 107) Authorizes appropriations. Title II: Regulatory Accountability and Reform - Requires each Federal agency, to the extent permitted under current law, to: (1) assess the effects of Federal regulations on States, local, and tribal governments, and the private sector (other than to the extent that such regulations incorporate requirements specifically set forth in legislation), including specifically the availability of resources to carry out any Federal mandates in those regulations; and (2) seek to minimize those burdens that uniquely or significantly affect such governmental entities or the private sector, consistent with achieving statutory and regulatory objectives. (Sec. 201) Directs each agency to develop an effective process to permit elected officials and other representatives of States and local and tribal governments to provide meaningful and timely input in the development of regulatory proposals containing significant Federal intergovernmental mandates. Requires each agency, before establishing regulatory requirements, to develop plans for: (1) notifying small governments of such requirements; (2) enabling their officials to provide appropriate input into the regulatory process; and (3) preparing estimates of the effect of Federal private sector mandates on the national economy. (Sec. 202) Requires each agency to prepare a written statement of specified estimates and analyses before promulgating any notice of proposed rulemaking or final rule including Federal mandates that may result in private or public sector expenditures of $100 million or more in any one year. (Sec. 203) Directs the Director of the Office of Management and Budget (OMB) to collect such statements and forward copies to the CBO Director. (Sec. 204) Requires the OMB Director to establish pilot programs in at least two agencies to test innovative and more flexible regulatory approaches that: (1) reduce reporting and compliance burdens on small governments; and (2) meet overall statutory goals and objectives. Title III: Legislative Accountability and Reform - Amends the Congressional Budget Act of 1974 to add provisions on Federal mandates, with applicability limited in the same manner as indicated before in title I. (Sec. 301) Provides that when a congressional authorization committee orders a public bill or joint resolution reported, the committee shall promptly provide the text of the legislation to the CBO Director, identifying any Federal mandate in it. Requires, when such a committee reports legislation including any Federal mandate, that the accompanying report contain certain information, including statements on whether the legislation is intended to preempt any State, local, or tribal law (and the reasons for such intention), as well as individual mandate descriptions, cost- benefit analyses, and statements regarding Federal financial assistance to State, local, and tribal governments for meeting mandate costs. Requires the CBO Director, for each piece of legislation, to prepare and submit to such committee certain statements estimating the direct costs of mandate compliance and the amount of new or increased Federal financial assistance needed to meet such costs, if the estimates indicate at least a $50 million per fiscal year direct cost of all intergovernmental mandates in the legislation, or a $100 million per fiscal year direct cost of private sector mandates. Provides that, at the request of any congressional committee, the CBO Director shall: (1) consult with and assist it in analyzing the budgetary or financial impact of any proposed legislation that may have a significant impact on the State, local, or tribal government involved or on the private sector; and (2) study any legislative proposal containing a Federal mandate. Requires the CBO Director to conduct continuing studies to enhance comparisons of budget outlays, credit authority, and tax expenditures. Requires any congressional committee that anticipates considering proposed legislation establishing, amending, or reauthorizing any Federal program likely to have a significant budgetary impact on the State, local, or tribal government involved, or to have a significant financial impact on the private sector, to include that information in its views and estimates on that proposal to the applicable budget committee. Authorizes appropriations to CBO to carry out such new requirements under the Congressional Budget Act of 1974. Makes it out of order for the House of Representatives or the Senate to consider: (1) any reported nonappropriations legislation unless it has a CBO Director report; or (2) any reported nonappropriations legislation containing a Federal intergovernmental mandate with direct costs exceeding the thresholds specified by this Act, unless it provides for new or increased budget, entitlement, or direct spending authority or makes other specified arrangements for each fiscal year to ensure that Federal funds equal or exceed the estimated direct costs of the mandate, or that State, local, and tribal programmatic and financial responsibilities are reduced so they do not exceed the amount of Federal funding. Requires the direct costs of a Federal mandate for a fiscal year to be determined based on estimates by congressional budget committees. Gives the Committee on Government Reform and Oversight of the House and the Committee on Governmental Affairs of the Senate final authority to determine whether a piece of legislation contains a Federal mandate. Provides that it shall not be in order in the House of Representatives to consider a rule or order waiving application of these provisions to a bill or joint resolution reported by an authorization committee. (Sec. 302) Amends House rules with regard to the Committee of the Whole and Committee on Rule: (1) to make it always in order in the former to strike from the portion of any bill open to amendment any Federal mandate whose direct costs exceed the prescribed threshold; and (2) to require the latter to include in its reports on waived points of order a separate item identifying all waivers of points or order relating to Federal mandates. (Sec. 305) Repeals the State and Local Government Cost Estimate Act of 1981.
United States · United States Congress · 4 January 1995
Congressional Accountability Act of 1995 - Applies, by a specified conditional date, provisions of the following laws to the legislative branch: (1) the Fair Labor Standards Act of 1938; (2) title VII of the Civil Rights Act of 1964; (3) the Americans With Disabilities Act of 1990; (4) the Age Discrimination in Employment Act of 1967; (5) titles I and V of the Family and Medical Leave Act of 1993; (6) the Occupational Safety and Health Act of 1970 (OSHA); (7) provisions relating to Federal labor management relations; (8) with the exception of the U.S. Capitol Police, the Employee Polygraph Protection Act of 1988; (9) the Worker Adjustment and Retraining Notification Act; and (10) the Rehabilitation Act of 1973. Requires that an action to abate a violation of OSHA for which a citation is received take place as soon as possible, but no later than the fiscal year after the citation is issued. (Sec. 4) Establishes in the legislative branch an Office of Compliance to study and report to the Congress on: (1) the application of such laws to the legislative branch; (2) an examination of the procedures used by the instrumentalities to enforce the application of such laws; and (3) a determination as to whether to direct an instrumentality to make improvements in its regulations and procedures so as to assure that they are as effective as those specified in this Act. Authorizes the Office's Board of Directors to direct an instrumentality that has no such procedures to adopt the requisite procedures. Requires the Board to issue regulations governing such applicability which shall be subject to congressional approval. Makes applicable to the legislative branch any provision of Federal law to the extent that it relates to terms and conditions of employment (including protection from discrimination in personnel actions, health and safety of employees, and family and medical leave). Directs the Office, on an ongoing basis, to: (1) determine which of such laws should apply to the legislative branch; (2) study the application to the legislative branch of laws enacted after enactment of this Act; and (3) issue regulations to apply such laws to the legislative branch subject to congressional approval. Sets forth House and Senate procedures for concurrent resolutions to disapprove such regulations. (Sec. 6) Requires the Office to: (1) carry out an education program for Members of Congress and other employing authorities of the legislative branch respecting the laws made applicable to them and a program to inform individuals of their rights under such laws and this Act; (2) publish statistics on the use of the Office by congressional employees; and (3) develop a system for the collection of demographic data on the composition of the congressional employees. Requires the Board to submit to the Congress annual reports on the information collected under such system. (Sec. 7) Sets forth procedure for consideration of alleged violations of the laws made applicable to the legislative branch consisting of the following steps: (1) counseling through the Office; (2) mediation with the Office; (3) a formal complaint and hearing by a board; (4) judicial review if a congressional employee is aggrieved by a dismissal, final decision, or an order by the hearing board or if a head of an employing office is aggrieved by a final decision or would be subject to an order issued by such board; and (5) as an alternative to steps 3 and 4, a civil action in a U.S. district court. (Sec. 14) Declares that any intimidation of, or reprisal against, any employee because of the exercise of a right under this Act constitutes an unlawful employment practice that may be remedied in the same manner as a violation of law made applicable to the legislative branch under this Act. (Sec. 15) Requires all counseling, mediation, and hearings and deliberations of a hearing board to be confidential. Permits the records of hearing boards to be made public if required for judicial review. Authorizes the House Committee on Standards of Official Conduct and the Senate Select Committee on Ethics to have access to the hearing of the hearing board only after the board has made a decision with respect to the matter. (Sec. 17) Provides that this Act shall not be construed to authorize enforcement by the executive branch of any of the laws made applicable to congressional employees under this Act. Limits a congressional employee to the judicial proceeding provided by this Act to redress prohibited practices. (Sec. 18) Requires the Office to study and report to the Congress on: (1) the ways that public access to information held by the Congress may be improved, streamlined, and made consistent between the House and the Senate; and (2) the application of the Freedom of Information Act and the Right to Privacy Act to the legislative branch.
United States · United States Congress · 29 November 1994
Tax Rate Reduction Act of 1994 - Amends the Internal Revenue Code to repeal the highest income tax rate for individuals, lower the highest taxable income threshold, and reduce individual income tax rates from 1995 until 1998. Repeals the overall limitation on itemized deductions and the phaseout of personal exemptions.
United States · United States Congress · 4 October 1994
Long-Term Care Act of 1994 - Amends the Internal Revenue Code to provide for the nonrecognition of gain from the sale of a principal residence if the new residence is a qualified continuing care retirement community and the taxpayer has attained the age 55. Excludes from gross income amounts withdrawn from individual retirement plans or certain pension plans to pay qualified long-term care insurance expenses. Increases the one-time exclusion of gain on the sale of a principal residence by individuals who have attained age 55 by the amount set aside for the long-term care of such individuals. Requires State mortgage loan laws to expressly apply to reverse mortgage loans. Provides that proceeds from reverse mortgage loans shall not be treated as income or receipts for means-tested programs.
United States · United States Congress · 4 October 1994
Amends the Trade Act of 1974 to apply fast track procedures to any implementing bill submitted by the President during the 104th Congress with respect to Uruguay Round trade agreements entered into under the General Agreement on Tariffs and Trade (GATT).
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 · 19 September 1994
George Washington Boyhood Home Commemorative Coin Act of 1994 - Directs the Secretary of the Treasury to issue one-dollar silver coins emblematic of a profile of George Washington and a depiction of his xboyhood home. Declares that all surcharges received from coin sales shall be paid to the George Washington Boyhood Home Foundation.
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 · 17 August 1994
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to exclude tariff changes from the pay-as-you-go enforcement provisions. Amends the Congressional Budget Act of 1974 to exempt tariff changes from certain points of order with respect to budget authority.
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 · 3 August 1994
United States China Policy Act of 1994 - Affirms the President's policy and makes specified recommendations for the conduct of U.S. policy toward China, including those for promoting human rights. Makes it U.S. policy to promote: (1) an effective legal system based on the rule of law; (2) respect for human rights; (3) the emergence of civil society; and (4) the creation of institutions that provide humane and effective governance. Earmarks U.S. Information Agency funds to carry out such objectives. Makes additional funds available for international broadcasting to China. Expresses the sense of the Congress that, in the event that international humanitarian organizations undertake activities in China related to the treatment of prisoners, the President should make available an additional contribution to such organizations to support such activities. Endorses President Clinton's efforts to work with U.S. business leaders to develop voluntary principles to advance human rights in China and commends U.S. companies that have adopted such principles. Urges the President to encourage other governments to adopt similar principles. Authorizes the President to establish a U.S. commission on law and society in the People's Republic of China.
United States · United States Congress · 3 August 1994
Expresses the sense of the Congress that the President is: (1) required to obtain the prior approval of the Congress before U.S. armed forces may undertake offensive military action against the military leadership of Haiti in accordance with United Nations Security Council Resolution 940; and (2) recognized as having the inherent authority to use such forces to protect or evacuate U.S. citizens from imminent danger or for humanitarian purposes.
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 · 19 July 1994
Expresses the sense of the Congress that the United States should not undertake any military action against Haiti unless the President first certifies to the Congress that there exists a clear and present danger to the citizens of the United States and that U.S. interests require such action.
United States · United States Congress · 16 June 1994
Amends the Clean Air Act to authorize a State in which all or part of a Severe ozone nonattainment area is located to submit a plan revision requiring employers in such area to implement programs to reduce work-related vehicle trips and miles by employees. (Current law requires such States to submit such revision within two years of the enactment of the Clean Air Act Amendments of 1990). Authorizes such revision to require employers in such areas to increase average passenger occupancy per vehicle in commuting trips between home and workplace during peak travel periods. (Current law requires specified increases in average passenger occupancy.) Authorizes (currently, requires) the revision to require employers subject to a vehicle occupancy requirement to submit a compliance plan.
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 · 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 · 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 · 20 May 1994
National Community Service Commemorative Coin Act - Directs the Secretary of the Treasury to issue one-dollar silver coins to commemorate students who volunteer to perform community service. Mandates that all surcharges received from such coin sales be paid to the National Community Service Trust to fund innovative community service programs at American universities, including the service, research, and teaching activities of the faculty and students involved in such programs.
United States · United States Congress · 19 May 1994
TABLE OF CONTENTS: Title I: Market Development Cooperator Program Title II: United States Export Development and Technology Center in Japan United States-Japan Export Development and Technological Competitiveness Act of 1994 - Title I: Market Development Coooperator Program - Authorizes appropriations to the Department of Commerce for FY 1995 to: (1) increase the number of U.S. manufacturing and service sector industry associations in Japan participating in the Market Development Cooperator Program (MDCP); and (2) expand the existing trade promotion, technological monitoring, and industry analysis activities by U.S. nonprofit manufacturing and service trade associations there. Amends the Export Enhancement Act of 1988 to require the Secretary of Commerce (Secretary) to report annually to specified congressional committees on the progress the Department of Commerce has made in implementing the MDCP and in allocating funding to cooperator recipients in Japan. Title II: United States Export Development and Technology Center in Japan - Expresses the sense of the Congress with respect to the establishment of an Export Development and Technology Center in Tokyo, Japan. (Sec. 202) Requires the Secretary to study and report to specified congressional committees on the feasibility of establishing such center.
United States · United States Congress · 12 May 1994
TABLE OF CONTENTS: Title I: Amendments to Magnuson Fishery Conservation and Management Act Title II: Amendments to the Atlantic Tunas Convention Act Marine Fish Conservation Amendments of 1994 - Title I: Amendments to Magnuson Fishery Conservation and Management Act - Amends the Magnuson Fishery Conservation and Management Act to declare that it is the policy of the Congress to: (1) assure that the national fishery conservation and management program encourages development of practical measures that reduce bycatch (the incidental catch, take, or harvest of certain fish, marine mammals, and other specified animals) to insignificant levels approaching zero; and (2) ensure that all State and Federal actions are consistent with the conservation and management of fisheries under such Act. (Sec. 105) Revises national standards for fishery conservation and management to require conservation and management measures to: (1) provide an adequate margin of safety to act as a buffer against overfishing; and (2) reduce bycatch to the lowest level practicable and avoid unnecessary waste of fish. (Sec. 106) Revises requirements for Regional Fishery Management Councils to direct the Secretary of Commerce to ensure that at least 25 percent of the appointed members of each Council are persons selected for their fisheries expertise, as demonstrated by university, environmental organization, or other non-user group affiliation and by past actions and accomplishments. Provides for removal of a Council member for cause upon the Secretary's determination of a conflict of interest. Requires that each Council decision be recorded by roll call vote registered and forwarded to the Secretary for review. Authorizes each Council to request the Secretary to initiate consultation with a Federal agency about certain agency activity which may affect the essential fishery habitat of a fishery under its jurisdiction designated in a fishery management plan. Revises financial disclosure requirements for Council members to include financial interests held by children, grandchildren, parents, or siblings. Requires any Council member holding a financial interest requiring disclosure to recuse him or herself from voting on or participating in all Council actions that would affect such interest. Authorizes Council members and the public to challenge, in writing to the Secretary, any vote of a Council member alleged to have been made in violation of such recusal requirement. (Sec. 107) Requires any fishery management plan to: (1) specify an objective definition of overfishing for each fish species or population involved in the fishery; (2) contain a recovery plan for any overfished fishery; (3) specify allowable gear types for the fishery, requiring the use of types which minimize bycatch and associated mortality; (4) provide for the stationing on U.S. fishing vessels of observers to gather reliable data; (5) establish a system of fees to pay for plan implementation; (6) assess the bycatch of all gear types used in the fishery; and (7) contain conservation and management measures to minimize or eliminate the adverse impacts of fishing gear and practices on habitat for fish. Requires the Secretary to review each existing fishery management plan for compliance with the definition of overfishing in this Act. (Sec. 108) Specifies plan review, plan preparation, and overfishing determination duties of the Secretary. Mandates the contents of regulations establishing a system to collect fees to pay for fishing vessel observers. Establishes a National Fishery Observer Fund. Directs the Secretary to publish in the Federal Register a list of fish species, populations, and population complexes that are overfished and the objective definition of overfishing used to make that determination. Requires the Secretary to develop a research plan to identify and gather needed data on fish species, populations, and population complexes for which information is insufficient. Revises the approval voting requirements for a management plan for any fishery under the authority of more than one Council. Declares that any Secretary-prepared fishery management plan or amendment addressing a highly migratory species fishery, which was in effect on July 1, 1993, shall remain in effect until superseded by a plan or amendment prepared by the appropriate Councils and approved by the Secretary. Sets forth procedures for adoption of a recovery plan addressing overfishing with respect to fish species, populations, or population complexes subject to a fishery management plan. Directs the Secretary to provide for the elimination of bycatch through fees and incentive programs, including cooperative efforts with the Federal Government on research and development of selective fishing gear and other technological devices for the reduction of bycatch. Directs the Secretary to publish in the Federal Register and submit to the Congress a report on the cumulative impacts on fishery habitats of the actions authorized, funded, or carried out by Federal agencies, including an assessment of how fishery habitats identified in approved fishery management plans are affected. Directs the Secretary to review: (1) the feasibility of establishing a risk sharing pool through a reasonable fee to provide coverage for vessels and vessel owners against liability from civil suits by observers; and (2) the availability of comprehensive commercial insurance for vessel and owner liability against such suits. Requires the Secretary to establish such a pool unless such insurance is available to all fishing vessels and U.S fish processors required to have observers, and it will provide a greater measure of coverage at a lower cost. Requires the Secretary to establish an alternative observation program for vessels on which facilities for quartering of an observer, or for carrying out observer functions, are inadequate to ensure the health or safety of the observer or the safe operation of the vessel. (Sec. 109) Authorizes the Secretary or the appropriate Council (subject to the Secretary's approval) to adopt regulations as an interim measure in the absence of a fishery management plan. Prescribes general requirements for such regulations. Requires the Secretary to comment on and make recommendations concerning any actual or proposed action authorized, funded, or carried out by a State or Federal agency that may result in the destruction or adverse modification of the essential habitat designated in a fishery management plan. Prescribes guidelines for Federal agency response to such comments or recommendations. Authorizes the Secretary to prohibit any such Federal agency actions. Provides for: (1) citizen suits to enforce such Act; and (2) citizen petitions to compel the Secretary to make a finding or determination or take any other action authorized by such Act. Title II: Amendments to the Atlantic Tunas Convention Act - Amends the Atlantic Tunas Convention Act of 1975 to require the Director of the National Marine Fisheries Service (or his or her designee) to be one of the three U.S. Commissioners on the International Commission for the Conservation of Atlantic Tunas. (Sec. 201) Prohibits any U.S. Commissioner from having a financial interest or from serving as an officer, director, trustee, partner, or employee with an organization with a financial interest in any catching, harvesting, processing, or marketing activity undertaken within any fishery over which the Commission has jurisdiction. Repeals certain knowledge and experience requirements, with respect to commercial and recreational fishing, for non-governmental Commissioners. Allows regulations to carry out Commission recommendations which may have the effect of decreasing any allocation or quota of fish to the United States.
United States · United States Congress · 5 May 1994
Commends the Government of Israel and the Palestine Liberation Organization (PLO) for reaching their agreement on Palestinian self-rule in the Gaza Strip and the Jericho area. Encourages all parties to the Middle East peace process to resume bilateral negotiations and work vigorously in the pursuit of peace. Urges: (1) the Administration to more actively engage the United States as a full partner in the negotiating process and, in cooperation with the world community through relevant international financial institutions, to provide aid to facilitate the establishment of Palestinian self-government in the Gaza Strip and Jericho area; and (2) Israel and the PLO to move quickly to implement the provisions of the Declaration of Principles on Interim Self-Government Arrangements to get to final status issues and issues of common interest according to the timetable stipulated in such Declaration.
United States · United States Congress · 17 March 1994
Expresses the sense of the House of Representatives that the State of California should enact legislation requiring that all criminals convicted in California State courts of serious violent crimes be imprisoned under the State's indeterminate sentencing system, which links a convicted criminal's release date to the severity of the offense and the prospects for a crime-free life after release.
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 · 11 March 1994
Amends the Internal Revenue Code to allow penalty-free distributions from certain retirement plans to pay for the repair or replacement of qualified disaster-damaged property.
United States · United States Congress · 3 March 1994
Honors James Norman Hall for his outstanding contributions to the United States, France, Tahiti, and the South Pacific. Requests the President to provide for the presentation of a copy of this concurrent resolution to the President of Tahiti Nui (French Polynesia) to be publicly displayed at the James Norman Hall Museum in Tahiti.
United States · United States Congress · 1 March 1994
Amends the Omnibus Budget Reconciliation Act of 1993 to include in the program of sharing Forest Service timber sale receipts those counties affected by decisions related to the California spotted owl.
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 · 8 February 1994
World War II Peace Accords Commemorative Coin Act - Expresses the sense of the Congress that: (1) the 50th anniversary of the signing of the World War II peace accords on the U.S.S. Missouri should not go unrecognized at the national level; and (2) the United States should recognize such anniversary by minting and issuing a commemorative coin. Sets forth specifications for half dollar clad coins. Mandates that the surcharges received from the sale of such coins be paid by the Secretary of the Treasury to the Admiral Nimitz Foundation for the purpose of preserving the Pacific War heritage of the United States.
United States · United States Congress · 2 February 1994
Prohibits the Department of Transportation or any other Federal department, agency, or instrumentality from requiring any State or political subdivision to convert highway signs to metric units.
United States · United States Congress · 1 February 1994
Earthquake Insurance Incentive Act - Amends the Internal Revenue Code to allow a deduction for amounts paid or incurred for earthquake insurance coverage for U.S. property. Allows such deduction for non-itemizers.
![Official portrait of Rep. Dreier, David [R-CA-26]](https://www.congress.gov/img/member/d000492_200.jpg)