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 · 13 September 1994
Amends the Public Safety and Recreational Firearms Use Protection Act to remove from the definition of a "semiautomatic assault weapon" the manufacture, transfer, or possession of which, with exceptions, is prohibited: (1) certain semiautomatic rifles and pistols that have an ability to accept a detachable magazine; and (2) certain semiautomatic shotguns.
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 · 20 August 1994
TABLE OF CONTENTS: Title I: Retirement Savings Incentives Subtitle A: Restoration of IRA Deduction Subtitle B: Nondeductible Tax-Free IRAs Title II: Penalty-Free Distributions Title III: Aid to Families with Dependent Children Savings and Investment Incentive Act of 1994 - Title I: Retirement Savings Incentives - Subtitle A: Restoration of IRA Deduction - Amends the Internal Revenue Code to remove the limitation on the deductibility of contributions to individual retirement plans (IRAs) by active participants in employer-maintained plans, thereby restoring the IRA deduction. Provides an inflation adjustment after 1995. Allows certain spouses a full deduction for contributions to an IRA. Subtitle B: Nondeductible Tax-Free IRAs - Allows individuals to establish individual retirement plus (IRA Plus) accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such accounts nondeductible. Title II: Penalty-Free Distributions - Allows distributions from certain retirement plans without penalty to purchase first homes, pay higher education expenses and financially devastating medical expenses, and assist certain unemployed individuals. Title III: Aid to Families with Dependent Children - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to exclude from AFDC eligibility determinations certain income and resources that are to be used for education, training, and employability purposes. Requires the Secretary of Health and Human Services to report to the Congress on a revision of the AFDC limit on automobiles in order to increase the employability of AFDC recipients.
United States · United States Congress · 20 August 1994
Commends the U.S. rice industry for its decision to establish an industry organization. Recognizes the success such decision will have in promoting the interests of the rice industry and the rice-consuming public.
United States · United States Congress · 18 August 1994
Designates the Federal building and United States courthouse located at 100 Northeast Monroe Street in Peoria, Illinois, as the Robert H. Michel Federal Building and United States Courthouse.
United States · United States Congress · 12 August 1994
Administrative Procedure Reform Act of 1994 - Amends Federal law to require a Federal agency head to publish in the Federal Register a notice of intent to engage in major rulemaking which contains a Regulatory Impact Analysis. Requires a final Regulatory Impact Analysis for any final proposal for a major rule. Specifies the contents of such an Analysis, as well as hearing and comment period requirements. Defines major rule as any proposed regulatory action: (1) which affects more than 100 persons; or (2) compliance with which will require the expenditure of over $1 million by any person which is not a Federal agency. Prohibits an agency from adopting a major rule unless its final Regulatory Impact Analysis is approved by the Director of the Office of Management and Budget. Sets forth a standard of clarity for major rules. Directs the Administrator of the Office of Information and Regulatory Affairs to report to the Congress an analysis of the rulemaking procedures of Federal agencies and their impact on the regulated public and regulatory process.
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 · 10 August 1994
TABLE OF CONTENTS: Title I: Immigrants and Refugees Title II: Border Control Title III: Interior Enforcement Title IV: Document Reform Title V: State and Local Responsibilities Title VI: Public Benefits Abuse Title VII: Strengthening Citizenship Title VIII: Immigration and Naturalization Service Immigration Reduction Act of 1994 - Title I: Immigrants and Refugees - Amends the Immigration and Nationality Act to revise immigration levels with respect to: (1) the worldwide level of backlogged family-sponsored immigrants; and (2) allocations for priority-worker immigrants. (Sec. 102) Limits the number of refugees who may be admitted to the United States for special humanitarian concerns. (Sec. 103) Authorizes the granting of asylum to aliens who will be threatened in their country based upon race, religion, nationality, or political opinion. Prohibits such persons from receiving any preference or priority or from being discriminated against in the granting or termination of asylum based on race, sex, religion, or nationality. (Sec. 104) Repeals the authority to grant temporary protected status to aliens. Prohibits an alien who is excludable or deportable from remaining in the United States or engaging in employment in the United States. (Sec. 105) Prohibits the Attorney General from paroling into the United States groups or classes of aliens. Prohibits such aliens from being authorized to work in the United States. Limits the number of such parolees. Title II: Border Control - Increases the number of full-time border patrol personnel in the Immigration and Naturalization Service (INS). Authorizes appropriations for FY 1995 through 1999. (Sec. 202) Imposes a land border and port of entry user fee on persons entering the United States. Title III: Interior Enforcement - Increases the number of full-time investigative personnel in INS. (Sec. 302) Restores the authority of immigration officers and employees to conduct searches without warrants. (Sec. 303) Authorizes the Secretary of Defense to make available to the Attorney General defense facilities suitable for the detention of aliens. (Sec. 304) Grants the United States Court of Appeals for the Federal Circuit exclusive jurisdiction over immigration cases. (Sec. 305) Imposes a penalty on aliens for unlawful presence in the United States. Authorizes the seizure of certain property of deportable aliens. (Sec. 308) Requires the Attorney General to inform an alien who is departing voluntarily of the date and time such departure must be accomplished. Title IV: Document Reform - Revises provisions concerning the examination of work eligibility documents of aliens, including social security cards and identification cards issued by INS. (Sec. 402) Requires the Secretary of Health and Human Services to modify the Social Security data base to provide for an electronic verification system of information on aliens. (Sec. 403) Directs the Secretary to establish a national electronic network linking the vital statistics records of State agencies. (Sec. 404) Requires aliens who have not lawfully immigrated to the United States to be employed to obtain a visa for nonimmigrant status that explicitly contemplates employment. Title V: State and Local Responsibilities - Makes a State or local government or agency that does not cooperate with Federal immigration authorities ineligible for any Federal funds or assistance relating to law enforcement, education, public health, transportation, or public works. (Sec. 502) Requires State law enforcement agencies to notify the appropriate INS district office of alien arrests. (Sec. 503) Requires confidentiality of immigration-related communications. (Sec. 504) Authorizes the Attorney General to deputize state law enforcement officers to assist Federal officers in the apprehension of aliens in violation of immigration laws. Title VI: Public Benefits Abuse - Prohibits the payment of: (1) direct Federal financial or social insurance benefits to illegal aliens; or (2) unemployment benefits to aliens without employment authorization. (Sec. 603) Revises the requirements for immigrant sponsors with respect to their financial responsibilities. Title VII: Strengthening Citizenship - Prohibits automatic citizenship to persons born in the United States of parents who are not citizens. (Sec. 702) Restricts the voting privilege to citizens of the United States. (Sec. 703) Increases from 50 years to 60 years the age for which elderly aliens are exempt from English language requirements for naturalization. Declares that the commission of a fraud upon the INS shall be conclusive evidence that an alien lacks good moral character for purposes of naturalization requirements. (Sec. 704) Authorizes a State to commence a civil suit against the head of a Federal agency for immigration law violations. Title VIII: Immigration and Naturalization Service - Establishes INS as an agency of the Federal government outside of the Department of Justice.
United States · United States Congress · 5 August 1994
Smithsonian Institution Sesquicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to issue five-dollar gold coins and one-dollar silver coins emblematic of the scientific, educational, and cultural significance of the Smithsonian Institution. Mandates that: (1) all but a certain portion of surcharges received from coin sales be paid by the Secretary to the Smithsonian Institution to support programming related to the 150th anniversary and general activities of the Smithsonian Institution; and (2) a certain portion of such surcharges be dedicated to supporting the operation and activities of the National Numismatic Collection at the National Museum of American History.
United States · United States Congress · 26 July 1994
Amends the Federal criminal code to prohibit the exclusion of evidence in a proceeding in a U.S. court on the ground that the search and seizure was in violation of the Fourth Amendment if carried out in circumstances justifying an objectively reasonable belief that it was in conformity with such amendment. Specifies that the fact that evidence was obtained pursuant to and within the scope of a warrant constitutes prima facie evidence of the existence of such circumstances. Prohibits the exclusion of evidence in such a proceeding 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 rule prescribed by the Supreme Court pursuant to statutory authority.
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
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 · 14 July 1994
Expresses the sense of the House of Representatives that the Justice Department should accept the June 9, 1994, decision of the Third Circuit U.S. Court of Appeals in United States v. Knox as a proper interpretation of the law and as binding authority, should exercise its prosecutorial discretion, and should not aid any effort on the part of the defendant to overturn the decision.
United States · United States Congress · 13 July 1994
Forest Fire and Pest Emergency Act - Declares that the reduction of natural fuels, on Federal lands within California that have been identified as extreme fire risk, constitutes an emergency action to prevent or to reduce risk to public health or safety or to serious resource loss for the duration of the drought there. Directs Federal agencies to work with State agencies to identify areas of extreme fire risk and take action to reduce natural fuels. Authorizes the use of emergency fire suppression funds to reduce natural fuels in such areas, provided reductions in the Sierra forests are consistent with the fuels management guidelines of the California Spotted Owl EA or subsequent EIS. Directs the Forest Service to prepare a budget request declaring an emergency in areas identified as requiring additional treatments due to drought or pest infestation on National forest lands. Directs Federal agencies to prepare, and submit to the Congress, a strategic fire plan and annual budget.
United States · United States Congress · 21 June 1994
Multiple Sclerosis Home Treatment Equity Act of 1994 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide coverage and payment for self-administered betaseron (Interferon beta-1b) for patients with multiple sclerosis.
United States · United States Congress · 16 June 1994
Expresses the sense of the Congress that: (1) the Department of the Interior, the Department of Transportation, the Environmental Protection Agency, and other executive agencies with relevant jurisdiction should evaluate the Walt Disney Company's proposed theme park, Disney's America, and ensure that it is in strict compliance with existing Federal environmental, transportation, and historic preservation statutes; (2) the congressional committees of jurisdiction should hold hearings to examine such aspects of the proposed theme park and the associated development of the surrounding area; (3) the historic Northern Piedmont area of Virginia should not be the site of a massive theme park and real estate project; and (4) the Walt Disney Company should seek another location for the park where its impact would not disturb areas of such great historical significance as the Northern Piedmont area of Virginia.
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
TABLE OF CONTENTS: Title I: Protection of Consumer Choice Title II: Certification of Managed Care Plans and Utilization Review Programs Title III: Choice Requirements for Point of Service Plans Title IV: Choice of Health Plans for Enrollment Patient Protection Act of 1994 - Title I: Protection of Consumer Choice - Declares that this Act shall not be construed as prohibiting either: (1) an individual from purchasing health care services with his own funds, whether such services are covered within the individual's standard benefit package or from another provider; or (2) an employer from providing benefit coverage in addition to the comprehensive benefit package. Title II: Certification of Managed Care Plans and Utilization Review Programs - Sets forth a certification scheme for managed care plans and for qualified utilization review programs. Title III: Choice Requirements for Point of Service Plans - Sets forth choice and payment disclosure requirements for point of service plans. Title IV: Choice of Health Plans for Enrollment - Requires each health benefit plan sponsor and each voluntary health insurance purchasing cooperative or sponsor to provide a choice among the health plans offered.
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 · 25 May 1994
Juvenile Criminal Act of 1994 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to include among the Act's: (1) findings that emphasis should be placed on identifying hardcore youths who should be transferred from the juvenile justice system to the adult criminal justice system; and (2) purposes to assist State and local governments in improving the identification of hardcore juvenile offenders and the removal of such offenders from the juvenile justice system. Requires State plans under the Act to provide: (1) specified funding for the establishment and maintenance of an effective system that requires the prosecution of at least those juveniles who are 14 years of age and older as adults, rather than in juvenile proceedings, for listed offenses (murder or attempted murder; robbery, battery, or rape while armed with a firearm; any other crime the State deems appropriate; and the fourth or subsequent occasion on which such juveniles engage in an activity for which adults could be imprisoned for a term exceeding one year) unless, on a case-by-case basis, the transfer of such juveniles for disposition in the juvenile justice system is determined under State law to be in the interest of justice; and (2) that the State ensure that whenever a juvenile is adjudicated in a juvenile proceeding to have engaged in such offenses that a record be kept relating to that adjudication, the juvenile be fingerprinted and photographed (with such fingerprints and photograph sent to the Federal Bureau of Investigation (FBI)), and the court in which the adjudication takes place transmit to the FBI information concerning the adjudication and disposition. Provides for a reduction of sums allotted to a State for a fiscal year by 16 2/3 percent for each of specified paragraphs of the Act with respect to which noncompliance occurs. (Current law provides for a reduction by 25 percent and doesn't include the requirements added by this Act in determining noncompliance.)
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 · 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 · 11 May 1994
Veterans' Persian Gulf War Benefits Act - Directs the Secretary of Veterans Affairs to: (1) develop and expeditiously implement a uniform case assessment protocol that will ensure thorough assessment, diagnosis, and treatment of all Persian Gulf War veterans suffering from illnesses attributed to service in the Persian Gulf theater of operations during the Persian Gulf War; (2) expedite efforts to develop case definitions or diagnoses for illnesses associated with such service; and (3) develop and implement a comprehensive outreach program to inform such veterans and their families of health-care services, including comprehensive medical evaluations, that may be available through the Department of Veterans Affairs or the Department of Defense. Directs the Secretary to pay compensation to Persian Gulf War veterans suffering from a chronic disability resulting from an undiagnosed illness that became manifest to a degree of ten percent or more within one year after completion of active duty in the Gulf War, with exceptions. Terminates compensation payments three years after the date of enactment of this Act. Authorizes appropriations to the Department of Veterans Affairs for: (1) FY 1995 through 1997 for conducting research of the health risk and effects of service during the Gulf War and the treatment of such effects; and (2) FY 1995 for a survey of Persian Gulf veterans as to the incidence and nature of health problems occurring in such veterans and their families.
United States · United States Congress · 11 May 1994
Expresses the sense of the House of Representatives that Members of Congress should have the opportunity to offer, debate, and vote on an amendment striking any employer mandate in any legislation to reform our health care system.
United States · United States Congress · 5 May 1994
Federal Agency Access Act of 1994 - Directs the head of each Federal agency to: (1) require that all agency correspondence be placed on stationery that includes the agency telephone number; and (2) submit a status report to the Congress on compliance with this Act.
United States · United States Congress · 4 May 1994
Authorizes the Davy Crockett Memorial Foundation to establish a memorial on Federal land in the District of Columbia or its environs to honor Davy Crockett.
United States · United States Congress · 24 March 1994
Amends the Fair Labor Standards Act of 1938 to apply an overtime exemption to employees of any establishment (currently, any retail or service establishment) whose regular rate of pay exceeds one and one-half times the minimum wage and more than half of whose compensation represents commissions on goods or services.
United States · United States Congress · 24 March 1994
Requires the Secretary of the Interior to offer to transfer all lands administered by the Bureau of Land Management (BLM) to the State in which such lands are located. Requires a State to accept or reject the total offer of all the lands. Makes the transfer effective on September 30, 1998. Requires each State receiving such lands to honor valid existing leases, permits, and mining claims. Restricts the transferred lands to public purpose use if they are not encumbered by a lease or permit. Reverts such lands to the United States if a State does not use them for public purposes. Exempts BLM lands from transfer under this Act if they are: (1) wilderness; (2) wilderness study areas; (3) areas of critical environmental concern; or (4) determined by the Secretary to be too costly for the United States to decontaminate.
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
TABLE OF CONTENTS: Title I: Eligible Shareholders of S Corporation Subtitle A: Number of Shareholders Subtitle B: Persons Allowed as Shareholders Subtitle C: Other Provisions Title II: Qualification and Eligibility Requirements for S Corporations Subtitle A: One Class of Stock Subtitle B: Elections and Terminations Subtitle C: Other Provisions Title III: Taxation of S Corpporation Shareholders Title IV: Effective Date S Corporation Reform Act of 1993 - Title I: Eligible Shareholders of S Corporation - Subtitle A: Number of Shareholders - Amends the Internal Revenue Code to increase from 35 to 50 the maximum number of shareholders of an S corporation (small business corporation). Allows members of a family to be treated as one shareholder. Subtitle B: Persons Allowed as Shareholders - Allows the following entities to be shareholders of S corporations: (1) certain tax-exempt organizations; (2) financial institutions that do not use the reserve method of accounting for bad debts; (3) nonresident aliens; and (4) certain small business trusts. Subtitle C: Other Provisions - Extends the post-death qualification for certain trusts to be permitted as shareholders from 60 days to two years. Title II: Qualification and Eligibility Requirements for S Corporation - Subtitle A: One Class of Stock - Allows an S corporation to issue qualified preferred stock. Permits financial institutions to hold safe harbor debt. Subtitle B: Elections and Terminations - Revises the rules on inadvertent terminations by certain trusts of the election to be an S corporation. Authorizes the Secretary of the Treasury to treat certain late elections as timely and to provide an automatic waiver procedure for certain inadvertent terminations. Expands the post-termination transition period until 120 days after a determination is made that the election had terminated in a prior year. Repeals excessive passive investment income as a termination event. Increases the tax imposed on such excessive income. Subtitle C: Other Provisions - Permits an S corporation to own more than 80 percent of another corporation's stock. Repeals the requirement that partnership rules apply for fringe benefit purposes (making C corporation rules applicable). Provides for the treatment of distributions during loss years. Provides a consent dividend for S corporation elections to by-pass amounts in the accumulated adjustments account when making distributions. Eliminates the need to keep records of certain generally small amounts of earnings arising before 1983. Allows S corporations to make charitable contributions of inventory and scientific property. Title III: Taxation of S Corporation Shareholders - Treats losses on liquidations of S corporations as ordinary to the extent the loss created by ordinary income pass-through triggered the liquidation. Title IV: Effective Date - Makes this Act effective after December 31, 1994.
United States · United States Congress · 9 March 1994
Prohibits providing Russia with foreign assistance for any fiscal year after FY 1995 unless the President certifies to the Congress for such fiscal year that: (1) the U.S. Government has received satisfactory assurances from the Government of Russia that Russia's intelligence activities in the United States are confined to routine, non-adversarial information gathering; (2) the Russian Government has concluded written agreements with the Governments of Latvia, Estonia, and Moldova on the unconditional withdrawal of Russian troops from those nations and is making progress toward fulfilling the agreements, is not pursuing policies in the former Yugoslavia that are contrary to U.S. and allied interests, and is committed to (and taking concrete steps toward) reforming the Russian economy along free-market lines; (3) Russian troops in the Kaliningrad region of Russia are respecting the sovereign territory of Lithuania and neighboring countries and are not offensively postured against any other countries; and (4) the activities of the Russian Government in the independent states of the former Soviet Union do not represent an attempt by Russia to diminish the sovereignty and independence of such States. Prohibits, with respect to FY 1995, providing foreign assistance to Russia unless the President certifies to the Congress for that fiscal year that the Russian Government has provided the U.S. Government with a full and accurate accounting of the espionage activities related to the Aldrich Ames case. Requires the President to report to the Congress for each fiscal year: (1) the amount, purpose, and effectiveness of foreign assistance provided to Russia for the preceding fiscal year; (2) a detailed accounting of the amount of foreign assistance appropriated which has not been expended and its status; and (3) an estimate of the total amount of capital exported from Russia during the previous fiscal year. Expresses the sense of the Congress that the U.S. Government should oppose all lending to Russia by the international financial institutions to which the United States is a member unless the Russian Government is in compliance with the conditions for assistance set forth by this Act.
United States · United States Congress · 8 March 1994
Helium Act of 1994 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store and transport crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field. Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities. Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services. Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. Mandates that proceeds from helium sales be paid to the Treasury. Instructs the Secretary to eliminate helium stockpiles by a prescribed deadline. Repeals the Secretary's authority to borrow under the Helium Act.
United States · United States Congress · 8 March 1994
Retired Federal Bureau of Investigation Agent Self-Defense Act - Amends the Federal criminal code to authorize a qualified former agent of the Federal Bureau of Investigation (FBI) to carry a concealed firearm if the former agent is carrying a document, issued to such individual by the FBI within the last three years, which certifies that the former agent is qualified to operate a firearm.
United States · United States Congress · 8 March 1994
Endangered Species Management Act of 1994 - Amends the Endangered Species Act of 1973 to prohibit the Secretary (of the Interior, Commerce, or Agriculture, as determined under the Act) from determining that an isolated population of a species is endangered or threatened if the species is not otherwise an endangered or threatened species. Requires the Secretary, when making a determination of endangered or threatened species, to issue a report delineating all direct and indirect economic and social impacts of delineation of proposed critical habitat to the areas affected and to the Nation. Prohibits the Secretary from listing a species as endangered or threatened unless: (1) the Secretary has prepared a report that includes the complete file of scientific data and collection methodology which has been developed in conjunction with the listing or with any critical habitat designation and details of a recovery plan for the species (including scientific data and projected costs); (2) scientific data supporting the listing has been reviewed by a scientific peer review panel and panel recommendations are submitted to the Secretary; (3) the Secretary publishes notice of intent to list in each area of the United States where the species is believed to occur; and (4) the Secretary conducts public hearings in each such area. Revises or sets requirements regarding: (1) cooperative agreements with States; (2) Federal agency actions; (3) prohibition of ex parte communications between the President and members of the Endangered Species Committee; and (4) hardship permit exemptions. Directs the Secretary to pay just compensation for any taking of private or public property to the owner of the property, including damages incurred by the owner as a result of such taking. Limits the Secretary's ability to take actions likely to result in a taking of public or private property or substantial social or economic impact.
![Official portrait of Rep. Duncan, John J., Jr. [R-TN-2]](https://www.congress.gov/img/member/d000533_200.jpg)