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United States · Official source
1,645 records where Rep. Gibbons, Sam [D-FL-11] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to establish requirements for notifying charitable beneficiaries of charitable remainder trusts of their interests in such trusts. Establishes penalties if such notices are not filed.
United States · United States Congress · 4 January 1995
Prohibits the Secretary of the Interior from permitting oil and gas development activities in specified parts of the Eastern Gulf of Mexico Planning Area, the Straits of Florida Planning Area, and the South Atlantic Planning Area, unless: (1) certain environmental studies and assessments have been completed; and (2) the Secretary has certified to the Congress that specified environmental information has been obtained which adequately enables the Secretary to implement his or her Federal stewardship of the environment with a minimal level of uncertainty. Prohibits the Secretary from conducting any: (1) oil or gas development activity under the Outer Continental Shelf Lands Act in a specified part of the Eastern Gulf of Mexico Planning Area; or (2) preleasing activity or lease sale in the three above-mentioned Planning Areas for a specified period. Mandates specified assessments and studies of the Areas addressed by this Act. Establishes the Joint Federal-State Outer Continental Shelf Task Force to request additional studies and surveys as needed to minimize the uncertainty about the effects of preleasing, leasing, and exploration activities. Subjects the first exploration plan submitted after the date of enactment of this Act to the requirements of detailed environmental impact statements. Authorizes appropriations.
United States · United States Congress · 4 January 1995
Law Enforcement Officials Protection Act of 1995 - Amends the Federal criminal code to include within the definition of "armor piercing ammunition" a projectile or projectile core which may be used in a firearm which is constructed entirely (excluding the presence of traces of other substances) from polymer plastic.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts (except those derived from borrowing) for that fiscal year unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of each House by roll call vote before any bill to increase revenue may become law. Waives these provisions when a declaration of war is in effect. Waives these provisions when the United States is engaged in a military conflict which poses a threat to national security as declared by a joint resolution adopted by a majority of each House.
United States · United States Congress · 4 January 1995
Recognizes the sacrifice of Army Chief Warrant Officer David Hilemon to his country and expresses gratitude for his selflessness and regret for his loss to his family. Recognizes the service of Army Chief Warrant Officer Bobby W. Hall II to his country and expresses commendation for his courage.
United States · United States Congress · 7 October 1994
Returns to the Senate S. 1216 (Crow Boundary Settlement Act of 1994) because in the opinion of the House it contravenes the Constitution and infringes upon House privileges.
United States · United States Congress · 28 September 1994
Designates October 19, 1994, as National Mammography Day.
United States · United States Congress · 27 September 1994
TABLE OF CONTENTS: Title I: Approval of, and General Provisions Relating to, the Uruguay Round Agreements Subtitle A: Approval of Agreements and Related Provisions Subtitle B: Tariff Modifications Subtitle C: Uruguay Round Implementation and Dispute Settlement Subtitle D: Related Provisions Title II: Antidumping and Countervailing Duty Provisions Subtitle A: General Provisions Subtitle B: Subsidies Provisions Subtitle C: Effective Date Title III: Additional Implementation of Agreements Subtitle A: Safeguards Subtitle B: Foreign Trade Barriers and Unfair Trade Practices Subtitle C: Unfair Practices in Import Trade Subtitle D: Textiles Subtitle E: Government Procurement Subtitle F: Technical Barriers to Trade Title IV: Agriculture-Related Provisions Subtitle A: Agriculture Subtitle B: Sanitary and Phytosanitary Measures Subtitle C: Standards Subtitle D: General Effective Date Title V: Intellectual Property Subtitle A: Copyright Provisions Subtitle B: Trademark Provisions Subtitle C: Patent Provisions Title VI: Related Provisions Subtitle A: Expiring Provisions Subtitle B: Certain Customs Provisions Subtitle C: Conforming Amendments Title VII: Revenue Provisions Subtitle A: Withholding Tax Provisions Subtitle B: Provisions Relating to Estimated Taxes and Payments and Deposits of Taxes Subtitle C: Earned Income Tax Credit Subtitle D: Provisions Relating to Retirement Benefits Subtitle E: Other Provisions Subtitle F: Pension Plan Funding and Premiums Title VIII: Pioneer Preferences Uruguay Round Agreements Act - Title I: Approval of, and General Provisions Relating to, the Uruguay Round Agreements - Subtitle A: Approval of Agreements and Related Provisions - Declares that the Congress approves: (1) the Uruguay Round Agreements entered into on April 15, 1994, pursuant to the Uruguay Round of multilateral trade negotiations under the General Agreement on Tariffs and Trade (GATT); and (2) a statement of administrative action proposed to implement such agreements that was submitted to the Congress on September 27, 1994. Authorizes appropriations. (Sec. 102) Prohibits any provision of the Uruguay Round Agreements that is inconsistent with any U.S. law from having any effect. Sets forth provisions governing the Agreements and their effect on State laws and private remedies. Subtitle B: Tariff Modifications - Grants the President, in addition to his other powers to enter into trade agreements regarding trade barriers, the authority to proclaim other modifications of any duty, staged rate reduction, or additional duties as may be necessary to carry out Schedule XX (United States annexed to the Marrakesh Protocol to GATT). (Sec. 112) Amends the Customs and Trade Act of 1990 to declare that the duty on foreign repairs made to U.S.-flag vessels shall not apply to the cost of equipment or spare parts for repairs made to certain U.S.-flag LASH (Lighter Aboard Ship) barges or cargo vessels that enter the United States on or after the date the World Trade Organization (WTO) Agreement enters into force. Amends the Tariff Act of 1930 to declare that such duty shall not apply to the cost of spare parts necessarily installed on such vessels before they first enter the United States, but only if a duty is paid under the Harmonized Tariff Schedule of the United States upon first entry into the United States on each spare part purchased in, or imported from, a foreign country. (Sec. 113) Directs the Secretary of the Treasury (Secretary) to liquidate or reliquidate and refund any duties that were paid on: (1) certain agglomerated stone tiles entered into the United States on or after January 1, 1989, and before October 1, 1990; and (2) clomiphene citrate entered into the United States after December 31, 1988, and before January 1, 1993. (Sec. 114) Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment to: (1) unimproved wool and other wool not finer than 46s; (2) octadecyl isocyanate; and (3) 5-chloro-2-(2,4- dichlorophenoxy)phenol. (Sec. 115) Sets forth consultation and layover requirements for actions proclaimed by the President. Subtitle C: Uruguay Round Implementation and Dispute Settlement - Sets forth provisions governing: (1) implementation of the Uruguay Round Agreements; (2) WTO dispute settlement panels; (3) review of WTO operations; (4) increased transparency of the costs and benefits of trade policy actions; and (5) access to the WTO dispute settlement process. (Sec. 128) Amends the Trade Act of 1974 to revise the composition of the Advisory Committee for Trade Policy and Negotiations to include representatives from nongovernmental environmental and conservation organizations. Subtitle D: Related Provisions - Directs the President to seek the establishment in the GATT 1947 (General Agreement on Tariffs and Trade, dated October 30, 1947) and in the WTO of a working party to examine internationally recognized worker rights as they relate to the articles, objectives, and related instruments of such agreement and organization. (Sec. 133) Expresses the sense of the Congress that the United States Trade Representative (USTR) should oppose the admission for membership into the WTO of any country that supports the boycotting of another country. (Sec. 134) Urges the President to develop a comprehensive trade and development policy for African countries. (Sec. 135) Declares that the principal U.S. negotiating objective in the extended negotiations on financial services to be conducted under the auspices of the WTO is to seek to secure commitments from developed and developing countries to reduce or eliminate barriers to the supply of financial services as the condition for the United States: (1) offering commitments to provide national treatment and market access in each of the financial services subsectors; and (2) making such commitments on a most-favored-nation basis. Declares that the principal U.S. negotiating objective in the extended negotiations on basic telecommunications services is to obtain the opening on a nondiscriminatory basis of foreign markets for basic telecommunications services through facilities-based competition or through the resale of services on existing networks. Declares the principal U.S. negotiating objectives in the extended negotiations on trade in civil aircraft are, among other things, to obtain: (1) competitive opportunities for U.S. exports in foreign markets equivalent to those afforded to foreign products in the United States; (2) the reduction or elimination of tariff and nontariff barriers, including through expanded membership in the Agreement on Trade in Civil Aircraft and in the US-EC bilateral agreement for large civil aircraft; and (3) increased transparency with respect to foreign subsidy programs in the civil aircraft sector, maintaining vigorous and effective disciplines on subsidies practices under the Agreement on Subsidies and Countervailing Measures (Subsidies Agreement). (Sec. 136) Amends the Internal Revenue Code to repeal the tax on imported perfumes that contain distilled spirits. Grants a drawback (refund) of tax paid on distilled spirits used in the manufacture of imported perfumes. (Sec. 137) Requires unliquidated imported nonrubber footwear from Brazil which is subject to Treasury Decision 74-233, dated September 9, 1974, and which was entered, or withdrawn from warehouse for consumption, on or before October 28, 1981, to be assessed countervailing duties at rates equal to the amount of the cash deposit of the estimated countervailing duties required on such footwear at the time of entry or withdrawal from warehouse for consumption. Title II: Antidumping and Countervailing Duty Provisions - Subtitle A: General Provisions - Amends the Tariff Act of 1930 to require the administering authority, upon receipt of a petition filed requesting a countervailing duty or antidumping duty proceeding, to: (1) notify the exporting country named in the petition by delivering a public version of the petition; and (2) with respect to a countervailing duty proceeding, provide any exporting country named in the petition that is a Subsidies Agreement country an opportunity for consultations. (Sec. 212) Revises provisions regarding countervailing duty and antidumping duty petition determinations with respect to: (1) whether the petition has been filed by or on behalf of an industry; (2) extension of time for filing a petition; (3) polling to determine industry support; (4) comments by interested parties; and (5) termination of a petition where imports of the subject merchandise have been determined negligible. Reduces from 85 days to 65 days after a countervailing duty investigation is initiated the deadline by which the administering authority must determine, based on available information, whether a subsidy is being provided with respect to merchandise which is the subject of such investigation. Reduces the time period on other countervailing duty and antidumping duty determinations. (Sec. 213) Requires the administering authority, whenever making a preliminary or final antidumping duty determination with respect to imported merchandise, to disregard any weighted average dumping margin that is de minimis (less than two percent ad valorem or the equivalent specific rate for such merchandise). (Sec. 214) Requires the International Trade Commission (ITC), whenever there is an affirmative countervailing or antidumping duty finding, to include in its final determination a finding as to whether the subject imports are likely to seriously undermine the remedial affect of the countervailing or antidumping duty order. Revises provisions regarding critical circumstances determinations in antidumping and countervailing duty proceedings to require the administering authority to base its determinations on: (1) available information; and (2) in antidumping duty cases, whether there is a history of dumping and material injury by reason of dumped imports in the United States and elsewhere of the subject merchandise. (Sec. 216) Requires the administering authority with respect to countervailing and antidumping duty cases to provide exporters who would have been subject to agreements to eliminate the injurious effect of, or subsidies provided on, their exports, the reasons for not accepting such agreements and an opportunity for them to submit comments. (Sec. 217) Authorizes the administering authority and the ITC to use records compiled in a previously filed and withdrawn countervailing or antidumping duty petition in any subsequent investigation initiated pursuant to any new petitions filed within three months after such withdrawal. (Sec. 218) Sets forth special rules for: (1) countervailing and antidumping duty investigations with respect to agreements to eliminate the injurious effect of, or subsidies provided on, exports that are sold in a regional industry (domestic producers within a region who are treated as a separate industry); and (2) assessment of countervailing or antidumping duties on specific exporters in affirmative regional industry determinations. (Sec. 219) Requires the administering authority, whenever an affirmative antidumping determination is made, to make a preliminary and final determination of: (1) the estimated weighted average dumping margin for each exporter individually investigated; and (2) the estimated all-others rate for all exporters not individually investigated. Requires the administering authority to order the posting of bond for the subject merchandise based on the estimates above. (Sec. 220) Sets forth provisions with respect to: (1) the periodic review of countervailing or antidumping duty orders or notice of suspension of a countervailing or antidumping duty investigation; (2) determinations of antidumping or countervailing duties; (3) revocation of countervailing or antidumping duty orders; (4) termination of suspended countervailing or antidumping duty investigations; (5) administering authority determinations of whether revocation of an order, or termination of a suspended investigation, would likely lead to continuation or recurrence of material injury to an industry, or a countervailable subsidy, or of dumping; (6) revised factors to be considered in threat of injury determinations; (7) negligible imports; (8) cumulation for determining material injury and threat of material injury to an industry; (9) consideration of post-petition information in countervailing or antidumping duty investigations; (10) determination of the normal value of subject merchandise; (11) opportunity for industrial users and consumers of subject merchandise to comment; (12) publication of countervailing or antidumping duty determinations; (13) conduct of countervailing or antidumping duty investigations and the administrative review of such investigations; and (14) antidumping duty petitions by WTO member countries. Subtitle B: Subsidies Provisions - Part 1: Countervailable Subsidies - Defines the term "countervailable subsidy" as a financial contribution, any form of income or price support, or any direct or indirect payment by the government of a country or any public entity within a country's territory to a person or a funding mechanism to provide a financial contribution to a person, thereby conferring a benefit. Part 2: Repeal of Section 303 and Conforming Amendments - Repeals a provision of the Tariff Act of 1930 concerning countervailing duties. (Sec. 262) Authorizes the imposition of a countervailing duty (equal to the amount of the net countervailable subsidy) on subject imported merchandise if: (1) the administering authority determines that a foreign country provides a countervailable subsidy with respect to such merchandise; and (2) in the case of merchandise imported from a Subsidies Agreement country, the ITC determines that a U.S. industry is materially injured or is threatened with material injury, or the establishment of a U.S. industry is materially retarded by reasons of such imported merchandise. (Sec. 263) Sets forth provisions regarding: (1) de minimis countervailable subsidies; (2) determination of countervailable, all-others, and country-wide subsidy rates; and (3) the definition of "developing and least-developed countries". Part 3: Section 303 Injury Investigations - Requires the ITC, upon a request from an interested party for an injury investigation with respect to a countervailing duty order which applies to merchandise that is a product of a Subsidies Agreement country, to initiate an investigation to determine whether a U.S. industry is likely to be materially injured by such merchandise if such order is revoked. Part 4: Enforcement of United States Rights Under the Subsidies Agreement - Requires the administering authority to provide information to the public upon request, and, to the extent feasible, assistance and advice to interested parties concerning remedies and procedures under the Subsidies Agreement. Requires the administering authority to notify the USTR with respect to its determination that a class or kind of merchandise is benefiting from a subsidy prohibited under the Agreement. Sets forth provisions requiring the withdrawal of such subsidy or the imposition of countermeasures. Subtitle C: Effective Date - Sets forth effective dates. Title III: Additional Implementation of Agreements - Subtitle A: Safeguards - Amends the Trade Act of 1974 regarding: (1) confidentiality of business information furnished to the ITC with respect to petitions requesting import relief from injury caused by import competition; (2) disclosure of such information under protective order; (3) time limits with respect to ITC import injury determinations in critical circumstances cases and import relief provided by the President; (4) productivity as a factor in ITC import relief determinations; and (5) limits with respect to the duration of import relief actions. Subtitle B: Foreign Trade Barriers and Unfair Trade Practices - Requires a certain USTR report on foreign trade barriers to include a section on foreign anticompetitive practices that adversely affect the export of U.S. goods or services. (Sec. 313) Requires the USTR to take into account the history of intellectual property practices of a foreign country and the history of U.S. efforts to achieve adequate intellectual property protection in identifying priority foreign countries. (Sec. 314) Revises the definition of an unreasonable foreign act, policy, or practice to include the denial of nondiscriminatory market access opportunities for U.S. persons that rely upon intellectual property protection. Requires the USTR to include in a certain report identifying U.S. trade liberalization priorities a review of U.S. trade expansion priorities. Revises factors to be included in such report. Requires the USTR to negotiate an agreement with foreign priority countries that eliminates the unreasonable trade practice or, if elimination is not feasible, that provides compensatory benefits. Sets forth U.S. objectives with respect to the protection of intellectual property rights. Subtitle C: Unfair Practices in Import Trade - Amends the Tariff Act of 1930 to set forth provisions with respect to: (1) the conclusion of ITC unfair trade practices determinations; (2) entry under bond of merchandise suspected of being manufactured as a result of an unfair trade practice; (3) cease and desist orders with respect to such merchandise; (4) access to confidential information submitted to the ITC in its investigation; (5) stays of actions pending before the ITC; and (6) jurisdiction of counterclaims filed in unfair trade practices cases. Subtitle D: Textiles - Requires the Secretary of Commerce to publish in the Federal Register a list of products to be integrated as set out in the Agreement on Textiles and Clothing. (Sec. 333) Requires the Secretary to publish in the Federal Register a list of manufacturers or exporters located outside the United States who fraudulently imported textile or apparel merchandise into the United States in violation of U.S. customs laws. Requires the President to publish a list of countries who have transshipped textile or apparel products or have engaged in activities designed to evade U.S. quotas on such products. (Sec. 334) Requires the Secretary to prescribe rules implementing specified principles for determining the origin of textiles and apparel products. Subtitle E: Government Procurement - Amends the Trade Agreements Act of 1979 to extend from one year to 18 months following the initiation of dispute settlement procedures with respect to the Agreement on Government Procurement the period of time during which the President shall not take action to limit Government procurement for a participant if specified conditions are met. Extends the time period of dispute resolution procedures before certain sanctions are imposed on a signatory country for not complying with such procedures. (Sec. 342) Repeals the mandate for a study of the economic effects of the waiver of Buy American requirements in the procurement of products in labor surplus areas prior to certain trade renegotiations. (Sec. 343) Revises such Act with respect to reciprocal competitive procurement practices and the authority to bar the procurement of U.S. products from non-designated countries. Subtitle F: Technical Barriers to Trade - Declares that nothing under the Trade Agreements Act of 1979 regarding customs duties and technical barriers to trade may be construed to: (1) prohibit a Federal agency from engaging in standards-related activities, including activities related to safety, the protection of human, animal, or plant life or health, the environment, or consumers; or (2) limit a Federal agency's authority to determine the level of safety it considers appropriate in such areas. Title IV: Agriculture-Related Provisions - Subtitle A: Agriculture - Part 1: Market Access - Amends the Agricultural Adjustment Act, as reenacted by the Agricultural Marketing Agreement Act of 1937, to prohibit any quantitative limitation or fee from being imposed under such Act with respect to any product of a WTO member. (Sec. 402) Repeals specified sections of the Trade Agreements Act of 1979 regarding import restrictions on cheese and chocolate crumbs. Amends the Trade Agreements Act of 1979 to eliminate provisions authorizing the President to prohibit the entry of quota cheese. (Sec. 403) Repeals the Meat Import Act of 1979. (Sec. 404) Requires the President, in implementing the tariff-rate quotas set out in Schedule XX, to take necessary action to ensure that agricultural imports do not disrupt the orderly marketing of commodities in the United States. Sets forth provisions with respect to the application of tariff-rate quotas to imported agricultural products. (Sec. 405) Requires the President to publish in the Federal Register: (1) a list of special safeguard agricultural goods; and (2) a trigger level and price for such goods. Requires a duty to be imposed on such imports of such goods. Part II: Exports - Export Enhancement Program Amendments of 1994 - Amends the Agricultural Trade Act of 1978 to require the Commodity Credit Corporation (CCC) to carry out an export enhancement program to encourage the commercial sale of U.S. agricultural commodities in world markets at competitive prices. Extends funding levels for such program through FY 2001. (Sec. 411) Amends the Food Security Act of 1985 to extend the authority of the dairy export incentive program through FY 2001. Authorizes the Secretary of Agriculture to sell dairy products for export consistent with U.S. obligations under the Uruguay Round Agreements, if their sale will not interfere with the usual marketings of the United States nor disrupt world prices of agricultural commodities and patterns of commercial trade. Expresses the sense of the Congress that: (1) the President should consult other donor nations to consider appropriate levels of food aid commitments to meet the legitimate needs of developing countries; and (2) the United States should increase its contribution of bone fide food assistance to developing countries consistent with the Agreement on Agriculture. Part III: Other Provisions - Increases the maximum tariff rate the President may impose on imported tobacco. (Sec. 422) Amends the Agricultural Adjustment Act of 1938 to require producers, purchasers, and exporters of 1994 through 1998 price supported crops of tobacco to remit to the CCC a certain nonrefundable marketing assessment. Amends the Tariff Act of 1930 to provide a drawback (refund) on any tobacco that is subject to the over-quota rate of duty established under a tariff-rate quota. (Sec. 423) Authorizes the President to proclaim a reduction or elimination of any duty with respect to cigar binder and filler tobacco, wrapper tobacco, or oriental tobacco. (Sec. 424) Requires the President to report to the Congress on the extent to which Canada is complying with the Uruguay Round Agreements with respect to dairy and poultry products and with its related obligations under the North American Free Trade Agreement (NAFTA). (Sec. 425) Secretary of Agriculture to study and report to the Congress on the effects of the Uruguay Round Agreements on the Federal milk marketing order system. (Sec. 426) Requires the CCC to use certain funds for export promotion. foreign market development, export credit financing, and promotion of the development, commercialization, and marketing of products resulting from alternative uses of agricultural commodities. Subtitle B: Sanitary and Phytosanitary Measures - Amends the Trade Agreements Act of 1979 to require the standards information center of the Department of Commerce, among other things, to make available to the public documents and information regarding: (1) general application of sanitary or phytosanitary measures by Federal and State agencies; and (2) participation of Federal and State governments and nongovernmental bodies in international and regional standardizing bodies and conformity assessment systems, and in bilateral and multilateral arrangements regarding standards-related measures. (Sec. 431) Amends Federal law to exclude Mexico from certain requirements requiring pest inspection of Mexican railroad cars that enter the United States. Amends the Federal Plant Pest Act and the Plant Quarantine Act to repeal the current requirement of permits for the importation or interstate movement of plant pests and nursery stock. Allows such importation or movement (in the mails or otherwise) only in accordance with regulations promulgated by the Secretary of Agriculture to prevent the dissemination into the United States, or interstate, of such pests, plant diseases, or insect pests. Amends the Honeybee Act to repeal the statutory prohibition but authorize the Secretary of Agriculture to prohibit the importation of honeybees and honeybee semen into or through the United States in order to prevent the spread of diseases and parasites harmful to honeybees, the introduction of genetically undesirable honeybee germ plasm, or the introduction and spread of undesirable honeybee species or subspecies and honeybee semen. Amends the Federal Noxious Weed Act of 1974 to revise the prohibition on the importation or interstate movement of noxious weeds. Amends Federal law to repeal the statutory prohibition but authorize the Secretary of Agriculture by regulation to prohibit or restrict the importation of cattle, sheep, or other ruminants, or swine that are diseased or infected with any disease, or that have been exposed to an infection, into or through the United States in order to prevent the dissemination of disease into the United States. Changes from mandatory to discretionary the Secretary of Agriculture's authority to: (1) cause the inspection of imported animals for contagious diseases or infection; and (2) establish an international animal quarantine station. Revises the Federal Meat Inspection Act with respect to a certification by the Secretary of Agriculture that foreign plants that export meat carcasses or meat products have complied with inspection requirements. (Sec. 432) Amends the Trade Agreements Act of 1979 to require the President to designate an agency to be responsible for informing the public of the sanitary and phytosanitary standard-setting activities of each international standard-setting organization. Prohibits an agency from making a determination that a foreign sanitary or phytosanitary measure is equivalent to a U.S. sanitary or phytosanitary measure unless it determines that such foreign measure provides at least the same level of sanitary or phytosanitary protection as the U.S. measure. Subtitle C: Standards - Amends the Federal Seed Act to repeal certain seed staining requirements. Requires the Secretary of Agriculture to publish, with the reasons for it, any determination that foreign seed of alfalfa or red clover is not adapted for general agricultural use in the United States. Subtitle D: General Effective Date - Sets forth the effective date of this title. Title V: Intellectual Property - Subtitle A: Copyright Provisions - Amends the Computer Software Rental Amendments Act of 1990 to repeal the termination date of a prohibition on unauthorized commercial rental or leasing of computer programs. (Sec. 512) Amends Federal copyright law to apply existing remedies for copyright infringement where a person, without the consent of a performer: (1) fixes the sound or images of a live musical performance in a copy or phonorecord or reproduces phonorecords or copies of such a performance from an unauthorized fixation; (2) communicates to the public the sounds or images of such a performance; or (3) distributes, sells, rents, or traffics (or offers to engage in such activities) any copy or phonorecord fixed without such consent. (Sec. 513) Amends the Federal criminal code to impose criminal penalties for activities described in Section 512 that are pursued for commercial advantage or private financial gain. (Sec. 514) Replaces provisions regarding copyright in certain motion pictures with those concerning copyright in restored works. Declares that copyright subsists in restored works and vests automatically on the date of restoration. Provides that any work in which copyright is restored shall subsist for the remainder of the term of copyright that the work would have otherwise been granted in the United States if the work never entered the public domain in the United States. Provides that any work in which the copyright was ever owned or administered by the Alien Property Custodian and in which the restored copyright would be owned by a government or instrumentality thereof is not a restored work. Declares that a restored work vests initially in the author or initial rightholder of the work as determined by the law of the source country of the work. Authorizes any person owning copyright or an exclusive right in a restored work to file a notice of intent with the Copyright Office to enforce that copyright or right against reliance parties or serve such notice directly. Defines a "reliance party" as any person who: (1) engages in acts, before the source country becomes an eligible country (a country that is a World Trade Organization (WTO) member country, adheres to the Bern Convention, or is subject to a presidential proclamation of protection), which would have violated exclusive rights in copyrighted works if the restored work had been subject to copyright protection and continues to engage in such acts after the source country becomes an eligible country; (2) makes or acquires copies or phonorecords of the work before the source country becomes an eligible country; or (3) as the result of the sale or other disposition of a derivative work or significant assets of a person described in (1) or (2), is a successor, assignee, or licensee of such a person. Sets forth remedies for infringement of copyrights in restored works. Permits the President, whenever a foreign nation extends to U.S. authors restored copyright protection on substantially the same basis as provided under this Act, to extend restored protection by proclamation to any work: (1) of which one or more of the authors is a national, domiciliary, or sovereign authority of such nation; or (2) which was first published in such nation. Subtitle B: Trademark Provisions - Amends the Trademark Act of 1946 to consider nonuse of a mark for three (currently, two) consecutive years to be prima facie evidence of abandonment. (Sec. 522) Makes trademarks regarding geographic indications, when first used in connection with wines or spirits one year after the WTO Agreement's enactment date, nonregistrable if the geographic indication is a place other than the origin of the goods. Subtitle C: Patent Provisions - Amends Federal patent law to extend U.S. intellectual property protections to inventions that are made in other countries by persons who are domiciled in a North American Free Trade Agreement (NAFTA) country or WTO member country and who are serving in any other country in connection with operations by or on behalf of the United States, a NAFTA country, or a WTO member country. (Sec. 532) Revises Federal patent law to establish a 20-year patent term from the date of filing. Provides that, if the issuance of an original patent is delayed because of a proceeding regarding situations where a patent application would interfere with a pending application or with an unexpired patent, the term of the patent shall be extended for the period of delay up to five years. Provides the same extension for delays due to appellate review by the Board of Patent Appeals or a Federal court. Requires the term of a patent that is in force or results from an application filed within six months after this Act's enactment date to be the greater of the 20-year term or 17 years from grant, subject to any terminal disclaimers. Sets forth provisions with respect to the filing of a provisional application for a patent. Specifies that a provisional application shall not be entitled to the right of priority of any other application or the benefit of an earlier filing date in the United States. Directs the Commissioner of the Patent and Trademark Office to charge a $150 filing fee on each provisional application for an original patent. (Sec. 533) Deems offering to sell or import a patented invention into the United States to be patent infringement. Title VI: Related Provisions - Subtitle A: Expiring Provisions - Amends the Trade Act of 1974 to extend, through July 31, 1995, duty-free treatment of the products of beneficiary developing countries under the Generalized System of Preferences. (Sec. 601) Requires certain articles that enter the United States after September 30, 1994, and before the enactment of this Act, to be liquidated or reliquidated as free of duty and a refund to be paid with respect to such entries. (Sec. 602) Amends the Harmonized Tariff Schedule of the United States to extend, through January 1, 2007, the requirement that the Secretaries of Commerce and of the Interior: (1) verify the wages paid by each producer to permanent residents of the U.S. insular possessions during the preceding year; and (2) issue to each producer a production incentive certificate for the applicable amount. Extends the authority of the production incentive certificate, number PIC-EV-89. Subtitle B: Certain Customs Provisions - Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to revise provisions concerning the reimbursement of certain customs user fees. (Sec. 612) Increases the customs user fees for certain imported merchandise. Subtitle C: Conforming Amendments - Amends Federal trade laws to make conforming amendments. Title VII: Revenue Provisions - Subtitle A: Withholding Tax Provisions - Amends the Internal Revenue Code (IRC) to require tax withholding on payments made to a member of an Indian tribe from profits from gaming activity. (Sec. 702) Provides for voluntary withholding on specified Federal payments and on unemployment compensation. Subtitle B: Provisions Relating to Estimated Taxes and Payments and Deposits of Taxes - Requires amounts included in gross income for foreign shareholders and controlled foreign corporations to be taken into account in computing annualized income installments. (Sec. 712) Specifies time requirements for the deposit of certain excise taxes. (Sec. 713) Reduces the rate of interest to be paid on certain corporate overpayments. Subtitle C: Earned Income Tax Credit - Makes military personnel stationed outside the United States eligible for the earned income credit. (Sec. 722) Makes certain nonresident aliens ineligible for such tax credit. (Sec. 723) Disregards the income of inmates at penal institutions in determining such tax credit. Subtitle D: Provisions Relating to Retirement Benefits - Extends the authority to transfer excess pension assets to retiree health benefit accounts. (Sec. 733) Increases the percentage of social security benefits paid to nonresidents that must be included in gross income. Subtitle E: Other Provisions - Provides for partnership distributions of marketable securities. (Sec. 742) Requires taxpayer identification numbers at birth. (Sec. 743) Extends the authority of the Internal Revenue Service to impose certain user fees. (Sec. 744) Removes the reduction of the understatement penalty for corporations for items attributable to tax shelters. Subtitle F: Pension Plan Funding and Premiums - Retirement Protection Act of 1994 - Amends requirements for pension plan funding, including: (1) minimum funding, revising additional funding requirements for single-employer plans; (2) limitation on changes in current liability assumptions; (3) anticipation of bargained benefit increases; (4) modification of the quarterly contribution requirement; and (5) exceptions to the excise tax on nondeductible contributions. (Sec. 761) Makes similar amendments to the Employee Retirement Income Security Act of 1974 (ERISA) for pension plan funding. (Sec. 766) Prohibits benefit increases or other changes which increase plan liabilities where a plan sponsor is in bankruptcy. (Sec. 767) Amends IRC and ERISA with respect to: (1) single sum distributions; and (2) adjustments to the lien for missed minimum funding contributions. (Sec. 771) Amends title IV (Plan Termination Insurance) of ERISA to revise requirements relating to reportable events. (Sec. 772) Requires that specified additional information be furnished to the Pension Benefit Guaranty Corporation (PBGC). (Sec. 773) Revises provisions for enforcement of minimum funding requirements. (Sec. 774) Phases out the variable rate premium cap. (Sec. 775) Requires the plan administrator of a plan subject to a specified additional premium to notify plan participants and beneficiaries of the plan's funding status and the limits on the PBGC's guaranty should the plan terminate while underfunded. (Sec. 776) Adds provisions relating to missing participants. (Sec. 777) Revises provisions relating to modification of the maximum guarantee for disability benefits. (Sec. 781) Sets forth effective dates for this Act. Title VIII: Pioneer Preferences - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from awarding licenses pursuant to preferential treatment accorded by the FCC to persons who make significant contributions to the development of a new telecommunications service or technology, except in accordance with this title. (Sec. 801) Requires the FCC to recover for the public a portion of the value of the public spectrum resource made available to such persons by requiring them, as a condition for receipt of licenses, to agree to pay a specified sum. Provides for such payments to be made in a lump sum or in guaranteed installment payments, with or without royalty payments, over a period of up to five years. Directs the FCC to prescribe regulations specifying the procedures and criteria by which it will evaluate applications for such preferential treatment in licensing. Requires such regulations to: (1) specify the procedures and criteria by which the significance of such contributions will be determined; (2) include procedures to prevent unjust enrichment by ensuring that the value of the contribution justifies any reduction in amounts paid for licenses; and (3) be inapplicable to applications that have been accepted for filing before September 1, 1994. Sets forth requirements with respect to treatment of broadband licenses awarded pursuant to preferential treatment accorded in the Third Report and Order in General Docket 90-314, including that the FCC: (1) not reconsider the award of such specified preferences and not delay the granting of licenses based on such awards; (2) not alter the bandwidth or service areas designated for such licenses in such Report and Order; (3) use the broadband licenses in the personal communications services for blocks A and B for the 20 largest markets (ranked by population) in which no applicant has obtained preferential treatment; (4) permit installment payments over a period of five years subject to specified conditions; and (5) recover an amount equal to $400 million for such licenses. Terminates the FCC's authority to provide preferential treatment as described by this title on September 30, 1998. Applies this title to any licenses issued on or after August 1, 1994, pursuant to preferential treatment procedures.
United States · United States Congress · 27 September 1994
Designates the week beginning October 16, 1994, as National Penny Charity Week.
United States · United States Congress · 22 September 1994
Designates November 1, 1994, as National Family Literacy Day.
United States · United States Congress · 20 September 1994
Declares that during FY 1995 certain registration fees collected under the Securities Act of 1933 shall remain 1/29 of one percent. Mandates that to the extent such collection exceeds a rate in excess of 1/50 of one percent, such fees shall be deposited as an offsetting collection to the amounts appropriated to the Securities and Exchange Commission for FY 1995.
United States · United States Congress · 12 August 1994
Returns to the Senate amendments to H.R. 4554 (Agriculture, Rural Development, Food and Drug Administration, and related agencies appropriations) because, in the opinion of the House of Representatives, it contravenes the Constitution and infringes on the privileges of the House.
United States · United States Congress · 8 August 1994
TABLE OF CONTENTS: Title I: Community Participation and Human Health Title II: State Roles Title III: Voluntary Response Title IV: Liability and Allocation Title V: Remedy Selection and Cleanup Standards Title VI: Miscellaneous Title VII: Funding Title VIII: Environmental Insurance Resolution Fund Title IX: Taxes Superfund Reform Act of 1994 - Title I: Community Participation and Human Health - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA or Superfund) to authorize the Administrator of the Environmental Protection Agency (EPA) to make technical assistance grants available to any group of individuals who may be affected by the release or threatened release of hazardous substances or pollutants at any facility on the State Registry or National Priorities List (NPL). (Sec. 101) Requires the President to provide for public participation in significant phases of response activities under CERCLA. Makes all nonprivileged information available to the public throughout all phases of the response action. Directs the President to ensure that the presentation of information on risk is unbiased and informative. (Sec. 102) Requires the President to provide the opportunity for the establishment of a representative public forum, known as a Community Working Group (CWG), to achieve direct, regular, and meaningful consultation with all interested parties throughout all stages of a response action whenever: (1) the President determines such a group will be helpful; or (2) 50 citizens, or at least 20 percent of the population of a locality in which the NPL facility is located, petition for a CWG to be established. Authorizes CWGs to offer recommendations on the anticipated future use of land at an affected facility prior to the selection of a remedy. Establishes a Citizen Information and Access Office within each State to provide information regarding State Registry and NPL sites, citizens' rights, facility records and health data, public meetings, removal and remedial actions, and outreach activities. Authorizes Indian tribes to petition the Administrator to form a body equivalent to such Office. Directs the Administrator to submit a biennial Environmental Justice Study to the Congress. (Sec. 103) Requires the President, in setting priorities for taking remedial action, to: (1) group facilities together, even if they are not adjacent, and score them as a single facility where more than one facility on the State Registry results in hazardous substances exposures to the same population; (2) take into account the use of land or waterways for subsistence, religious, or cultural practices where such use results in additional exposures, in placing facilities on the NPL; (3) conduct interviews with persons affected by the facility and solicit their input in the hazard ranking system evaluation; and (4) place highest priority on facilities with releases of hazardous substances which result in actual ongoing human exposures at levels resulting in demonstrated adverse health effects as identified in specified health assessments. Authorizes the President to take into account any history of exposure to hazardous substances in the community regardless of the source of exposure, in placing facilities on the NPL. Requires the Administrator to: (1) evaluate major urban areas and other areas where environmental justice concerns may warrant special attention; and (2) identify five facilities in each EPA region that are, or should be, on the State Registry and that are likely to warrant inclusion on the NPL. Accords such facilities a priority in evaluation for NPL listing and scoring. (Sec. 109) Requires the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. (Sec. 110) Authorizes the ATSDR Administrator to provide grant or contract assistance to individuals who may be affected by releases or threatened releases when: (1) a public health assessment is conducted at a facility on the NPL; or (2) a release is being evaluated for inclusion on the NPL. Authorizes the ATSDR Administrator, pursuant to such grants or contracts, to provide for health services to communities affected by the release of hazardous substances. (Sec. 113) Permits the EPA Administrator to carry out a demonstration program to assist in the recruitment and training of individuals from areas affected by NPL facilities for employment in remediation activities. Encourages parties conducting response actions under CERCLA to have their contractors train minorities and other disadvantaged persons from the affected community in remediation skills. Title II: State Roles - Authorizes States, pursuant to contracts or cooperative agreements, to apply to the Administrator to take or require: (1) preremedial actions at any non-federally owned or operated facility that is not listed on the NPL; or (2) response actions at non-federally owned or operated NPL facilities or removal actions at any facility proposed for listing on the NPL. Sets forth requirements for State enforcement and allocation of liability. (Sec. 202) Prohibits funding to States for response actions, except for emergency removal actions, unless the affected State provides assurances that it will pay 15 percent of the cost of the action or funding and will assure oversight of any operation and maintenance of response actions. (Sec. 206) Directs the Administrator to study the feasibility of authorizing States to use their own laws to carry out CERCLA in lieu of the Federal program under such Act. (Sec. 207) Authorizes States to apply to the Administrator to exercise the Administrator's authorities with respect to response actions at Federal facilities. Bases approval of transfer of authorities in part on a State's hazardous waste program authorization under the Solid Waste Disposal Act. Continues the existing limitations on transfers of authority from the Administrator to any other person under provisions regarding Federal facilities. Title III: Voluntary Response - Directs the Administrator to establish a program to provide assistance to States to establish and expand voluntary response programs. (Sec. 301) Provides that no portion of a facility subject to a response action plan under a qualified State program shall be proposed for listing on the NPL so long as substantial and continual response activities are being undertaken to complete the response action in a timely fashion. Directs the Administrator to promulgate regulations describing circumstances in which States with qualified programs and the authority to issue permits under Federal environmental statutes may waive permit requirements with respect to approved voluntary response plans under certain conditions. Provides that performance of a voluntary response action shall not constitute an admission of liability under any Federal, State, or local law or regulation or in any private action. Title IV: Liability and Allocation - Authorizes the Administrator to issue administrative subpoenas to require the attendance and testimony of witnesses and production of information regarding response actions. Revises confidentiality requirements with respect to such information and applies confidentiality requirements to contractors. (Sec. 403) Absolves of liability for response actions a person who does not impede a response action or natural resource restoration to the extent liability is based solely on: (1) arrangement, transportation, or acceptance provisions relating to disposal or treatment of hazardous substances and such activities only involved municipal solid waste or sewage sludge possessed by the person and the person is the owner, operator, or lessee of residential property or a small business or small nonprofit organization; (2) such provisions and such activities involved fewer than 55 gallons of liquid materials (or 100 pounds of solid materials) containing hazardous substances, pollutants, or contaminants or such amount as the Administrator may determine; (3) ownership or operation of a vessel or facility and the person is a bona fide prospective purchaser of the facility; (4) ownership and the person acquired the facility by inheritance after disposal of the hazardous substances took place, did not contribute to the release, and exercised due care with respect to such substances; (5) ownership by a Federal, State, or local entity of a road or other right-of-way (other than railroads) over which hazardous substances are transported or on the granting of a license or a permit to conduct business; or (6) actions of a Federal agency in response to a natural disaster. Makes persons who are solely liable under arrangement, transportation, or acceptance provisions regarding disposal or treatment of hazardous substances liable for no more than ten percent of total response costs if such activities only involved municipal solid waste or sewage sludge. Applies such limitation to the aggregate liability of all persons involved. Applies such limitation only if acts or omissions giving rise to liability occurred before the date 36 months after enactment of this Act or the person asserting the limitation participates in a qualified household hazardous waste collection program. Limits the liability of persons who do not impede the performance of a response action or natural resource restoration with respect to a release to the lesser of the fair market value of a vessel or facility or the actual proceeds of the sale of the vessel or facility subject to certain conditions. Provides that a person who owns or operates real property contiguous to property on which there has been a release of a hazardous substance and that may be contaminated shall not be considered an owner or operator, for liability purposes, if such persons: (1) exercised due care with respect to such substance; (2) took precautions against foreseeable acts or omissions that resulted in the release; and (3) did not cause or contribute to the release and provides access to persons authorized to conduct response actions. Authorizes the President to issue assurances of no enforcement action to such person and grant such person protection against cost recovery and contribution actions. Grants the United States a lien, subject to certain conditions, on any facility for which the prospective purchaser is not liable for unrecovered response costs. Provides that no lien shall arise with respect to property: (1) for which the property owner preceding the first bona fide prospective purchaser is not liable or has resolved liability; or (2) where an audit required by an environmental professional gives the purchaser no reason to know of the release of hazardous substances. (Sec. 404) Directs the Administrator to calculate the EPA response action oversight costs for which potentially responsible parties (PRPs) are liable on a national basis as a percentage of total response costs incurred by PRPs (the national oversight rate). Limits the rate to ten percent of total response costs incurred by all PRPs. Provides that when the President responds at facilities on the NPL, liability for pollutants and contaminants shall be identical to that for hazardous substances only if such pollutants and contaminants: (1) constitute an imminent and substantial danger to human health; and (2) are not associated with the production or extraction of any hydrocarbon. Prohibits liability based solely on a person's construction activities at a facility if a person can demonstrate that the activities were carried out in accordance with a contract with the owner or operator and the person is a small business construction contractor. (Sec. 405) Revises contribution provisions to require an action by a PRP against another PRP for recovery of costs to be commenced within the later of: (1) three years after completion of a removal action or within six years after initiation of physical on-site construction of the remedial action; or (2) three years after the date of judgment in any action for recovery or the date of any administrative order or judicial settlement for recovery of costs or damages. (Sec. 406) Provides that a person who has resolved liability to a State or an Indian tribe in an administrative or judicially approved settlement shall not be liable for claims by persons other than the United States regarding response costs or damages addressed in the settlement. Provides the same protection for persons who have resolved liability to the United States. Includes protection against all claims that may be asserted against the settling party for recovery of costs or damages paid by another person if addressed in the settlement, except claims based on contractual indemnification. Limits the right to seek contribution from other parties where: (1) the person asserting the right has waived such right in a settlement; (2) the person from whom the contribution is sought is not liable under CERCLA; or (3) the person from whom the contribution is sought has entered into a final settlement with the United States. Makes any person who commences a contribution action liable to the person against whom the action is brought for all reasonable costs of defending against the claim if the action: (1) is barred for the reasons stated above; (2) is brought against a person who is protected from suits by reason of settlement with the United States; or (3) is brought during a specified moratorium period. (Sec. 408) Provides that response action contractors shall not be liable solely as a result of testing or implementation of alternative or innovative treatment or containment technologies with respect to a response action if use of the technology has been approved by the authorized Federal or State regulatory agency. (Sec. 409) Requires consent decrees pursuant to settlements to require the parties to attempt expeditiously to resolve disagreements concerning implementation of the remedial action informally with Federal and State agencies. Requires such decrees to contain stipulated penalties for violations in an amount of up to $25,000 per day. Waives certain conditions to expand the scope of eligibility for de minimis settlements. Authorizes the Administrator, if a PRP will be paying amounts to the President as part of a settlement for carrying out a response action, to accept ownership of a financial instrument running irrevocably to the benefit of the United States to conduct such response actions. (Sec. 411) Requires (current law authorizes) the President to offer PRPs (currently, any person) who enter into settlement agreements that are in the public interest a final covenant not to sue concerning liability to the United States for response actions or costs, provided that: (1) the settling party agrees to perform a final remedial action for the release that is the subject of the settlement; (2) the remedial action does not provide any hazardous substances will remain at the facility at concentrations above the protective concentration levels established after completion of the final action; (3) the agreement has been reached prior to the commencement of litigation against the settling party; (4) the settling party waives all contribution rights against other PRPs at the facility; (5) the settling party pays a premium that compensates for the risks of remedy failure, unanticipated increases in the cost of any uncompleted action (unless the party is performing the action), and the U.S. litigation risk with respect to persons who have not resolved liability to the United States unless the settlement covers 100 percent of U.S. response costs; and (6) the settlement is otherwise acceptable to the United States. Authorizes the President, for settlements for which covenants are unavailable, to provide any person with a covenant not to sue concerning any liability to the United States if the covenant not to sue is in the public interest. (Sec. 412) Adds the following to the list of conditions that a PRP must meet in order to be eligible for an expedited settlement: (1) liability must be based solely on provisions regarding arrangement, transportation, or acceptance of municipal solid waste or sewage sludge for treatment or disposal; and (2) the PRP must be a natural person, small business, or a municipality that has demonstrated a limited ability to pay response costs. (Sec. 413) Directs the Administrator to initiate the allocation process under this Act for each nonfederally-owned facility on the NPL that involves two or more PRPs: (1) for which the President selects a remedial action on or after February 3, 1994; and (2) for any such action selected before such date if requested by a PRP which has resolved liability to the United States with respect to the remedial action. Authorizes the Administrator to initiate such process for any facility involving two or more PRPs. Makes the allocation process inapplicable to a facility: (1) for which there has been a final settlement, decree, or order that determines all liability or allocated shares of PRPs; or (2) at which all of the PRPs are facility owners or operators. Authorizes the Administrator to initiate a single allocation process for more than one facility. Places a moratorium on the commencement or continuation of liability claims or recovery actions in connection with responses for which allocation is required until 90 days after the issuance of the allocator's report. Sets forth requirements concerning the allocation process, including those for the notification of PRPs and determinations regarding de minimis parties. Provides that de minimis parties that are potentially liable but entitled to expedited settlements shall not be subject to the allocation process unless they fail to settle with the President within 30 days of the offer. Requires the allocation parties to select an allocator from a list provided by the Administrator or from candidates proposed by the parties. Authorizes PRPs, prior to the issuance of the allocator's report, to submit a private allocation for the remedial action to the allocator. Requires the allocator to adopt such report if it meets specified conditions. Directs the allocator to conduct an allocation process culminating in the issuance of a report with a nonbinding, equitable allocation of the percentage shares of responsibility, including the orphan share, within 180 days of the issuance of the final list of parties or the date of the contract for allocation service, whichever is later. Bases allocation shares on the following factors: (1) the amount of hazardous substances contributed by each party; (2) the degree of toxicity and mobility of such substances; (3) the degree of involvement of each party in the generation, transportation, treatment, storage, and disposal of such substances; (4) the degree of care exercised by the party; (5) the cooperation of the party in contributing to the response action; and (6) other factors determined by the Administrator. Sets forth components of orphan shares. Requires shares that the allocator cannot attribute to any party to be distributed among parties, including the orphan share. Authorizes the Administrator and the Attorney General to reject the allocator's report under certain conditions. Permits settling parties to seek a new allocation if there is convincing evidence that the allocator did not have certain information when the report was issued. Includes within settlements based on allocated shares: (1) a waiver of contribution rights against all PRPs for the response action as well as a waiver of rights to challenge any settlement the President enters into with any other PRP; (2) covenants not to sue; (3) a site-specific premium that compensates for the U.S. litigation risk with respect to PRPs who have not resolved liability (unless the settlement covers 100 percent of response costs); (4) contribution protection regarding matters addressed in the settlement; and (5) provisions through which the settling parties shall receive reimbursement from Superfund for response costs incurred in excess of the aggregate of their allocated share and any premia required by the settlement. Lists maximum amounts for premia authorized for litigation risk. Permits the Administrator to modify such amounts. Authorizes the United States to commence actions against liable persons who have not resolved liability following allocation. Sets forth conditions under which a party that performs work in excess of its allocated share may be reimbursed. Limits Superfund financing for reimbursements of costs incurred by parties that are attributable to orphan shares. Authorizes appropriations. Makes Federal agencies named as PRPs subject to the allocation process to the same extent as any other party. Declares that the procedures set forth in this Act shall not be construed to modify the principles of retroactive, strict, joint, and several liability. Provides that persons who are potentially liable solely as response action contractors shall not be named as allocation parties under this section. (Sec. 414) Absolves persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he/she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he/she complied with applicable Federal environmental standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) added hazardous substances to the material for purposes other than processing or recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard. Title V: Remedy Selection and Cleanup Standards - Revises provisions regarding cleanup standards to direct the Administrator to promulgate national goals to be applied at all facilities subject to remedial action under this Act. Requires such goals to be expressed as a single numerical level for chemical carcinogens and noncarcinogens. (Sec. 501) Directs the Administrator to promulgate a national risk protocol for conducting risk assessments under CERCLA. Requires the risk protocol to be used for risk assessment underlying determinations of the need for remedial action, the establishment of protective concentration levels of chemicals, and the evaluation of remedial alternatives. Requires remedial actions to: (1) comply with substantive requirements of Federal, or more stringent State, environmental or facility siting laws; (2) attain any promulgated concentration levels applicable to determining the level of cleanup for such actions; and (3) comply with any other standard under State environmental or facility siting laws that the State demonstrates is consistently applied to remedial actions. States that a goal of this Act is to restore any contaminated groundwater or surface water that may be used for drinking water to: (1) the level of any maximum contaminant level or level goal for the hazardous substance or contaminant that has been established under the Safe Drinking Water Act; and (2) a protective concentration level that attains such goal for any other hazardous substance, pollutant, or contaminant. Requires the achievement of such goal unless the President finds that such goal is technically impracticable from an engineering perspective or, under certain conditions, unreasonably costly. Requires remedial actions for contaminated groundwater (other than that used for drinking water) to attain levels appropriate to the current or anticipated use of such water. Authorizes the President to select a remedial action that does not comply with Federal and State standards subject to certain conditions. (Sec. 502) Revises general rules for remedial actions. Directs the President, in selecting a remedy, to take into account the reasonably anticipated future uses of land at a facility. Provides certain procedures for the remediation of hot spots. Requires the President to establish cost-effective generic remedies for categories of facilities. Sets forth factors to be taken into consideration with respect to selection of response actions for groundwater. (Sec. 504) Removes a condition on the President's authority to acquire property needed to conduct a response action that requires the State in which the property is located to agree to accept transfer of the property when the action is completed. (Sec. 505) Alters the criteria for the continuance of obligations for removal actions to provide that actions shall not continue after $4 million (currently, $2 million) has been obligated or two years (currently, 12 months) have elapsed from the date of initial response to a release or threatened release of hazardous substances. Requires Federal agencies, before the commencement of any non-emergency removal action, to notify the EPA and the State of the planned action and obtain, in the case of facilities listed or proposed for listing on the NPL, concurrence in the planned action from the EPA or the State. (Sec. 506) Authorizes the President, in order to respond to a release of a hazardous substance, to acquire a hazardous substance easement which limits or controls the use of land or other natural resources. Permits easements and notices of property use restrictions to be used whenever institutional controls have been selected as a component of a removal or remedial action. Makes easements enforceable in perpetuity (unless terminated pursuant to this Act) against owners of affected property or persons who acquire interest in, or rights to use, the property. Title VI: Miscellaneous - Makes a Federal agency subject to certain actions required for Federal facilities under CERCLA, with the exception of certain reporting requirements, if the agency owned or operated a facility over which it exercised no regulatory or other control over activities that resulted in a release of a hazardous substance unless: (1) no Federal agency was the primary or sole source or cause of such release; (2) the activities resulting in the release were pursuant to statutory authority and occurred prior to 1976; and (3) the persons primarily responsible for the release are financially viable and capable of performing or financing the response action. (Sec. 605) Authorizes the use of the Superfund to pay up to 50 percent of response costs incurred by a potentially liable party in taking approved actions to achieve response after employing an alternative or innovative technology that fails to achieve the required level of response. (Sec. 606) Includes trusts, estates, or persons who hold title to a vessel or facility or are otherwise affiliated with a vessel or facility in a fiduciary capacity within the definition of "owner or operator" for purposes of determining liability under CERCLA. Limits the personal obligations and liabilities of a fiduciary to the extent to which the assets of the trust or estate are sufficient to indemnify the fiduciary, subject to certain conditions. Excludes from such definition the United States, a Federal agency, or a conservator or receiver appointed by a Federal agency which acquired ownership of a facility or vessel in connection with receivership or conservatorship and forfeiture or seizure authority, provided such entity does not participate in operations that result in a release. (Sec. 608) Directs the Administrator to establish a small business Superfund assistance section within the small business ombudsman office to provide assistance and information regarding CERCLA and the allocation and settlement processes. (Sec. 611) Requires the Administrator to study and report to the Congress on EPA procedures for suspension and debarment of persons and business entities, particularly response action contractors, and to assess the feasibility and cost of creating a nationwide data base to track such persons. (Sec. 613) Directs the Administrator to publish guidelines for a model State program for the training and certification of individuals to perform Phase I Environmental Site Assessments. Establishes the Environmental Certification Board. (Sec. 615) Revises provisions regarding the application of CERCLA to Federal agencies to make such agencies subject to all Federal, State, interstate, and local requirements regarding response actions related to, or management of, hazardous substances, pollutants, and contaminants in the same manner as such requirements apply to nongovernmental entities. Absolves Federal employees of personal liability for civil penalties under Federal or State response laws with respect to acts or omissions within their official duties. Makes such employees subject to criminal sanctions under such laws, but exempts Federal agencies from such sanctions. (Sec. 616) Increases the authorization from Superfund for worker training and education grants. (Sec. 619) Makes States eligible for reimbursement currently available to local governments for emergency response actions. (Sec. 620) Directs the Administrator to study and report to the Congress on the feasibility of instituting a small disadvantaged business goal program for all Federal contracts under CERCLA. Title VII: Funding - Extends the authorization of appropriations to carry out specified Superfund authorities through FY 1999. Title VIII: Environmental Insurance Resolution Fund - Environmental Insurance Resolution and Equity Act of 1994 - Establishes the Environmental Insurance Resolution Fund to provide for the resolution of disputes between certain PRPs and their insurers. (Sec. 805) Authorizes the Fund to decide not to make an offer unless an eligible person has filed and is actively pursuing a claim with an insurer. (Sec. 806) Requires the Fund to make resolution offers to eligible persons equal to the applicable percentage of the lesser of the eligible costs incurred by the persons or the available coverage. Describes applicable percentages based on facility location and size, litigation venues, and State. (Sec. 807) Directs eligible persons that accept Fund resolutions to waive existing and future claims against an insurer for eligible costs. (Sec. 808) Requires the Fund to make pre- and post-resolution payments to eligible persons who accept a resolution. Treats payments made by the Fund to an eligible person as payments made by an insurer. (Sec. 809) Requires the Fund, in cases where an eligible person rejects a resolution offer, litigates a claim against an insurer, and obtains a final judgment against, or enters into a settlement with, the insurer, to reimburse the insurer for the lesser of the amount of the resolution offer or the final judgment or settlement. Authorizes the Fund, in such cases, to reimburse an insurer for unrecovered reasonable costs and legal fees if the resolution offer exceeded such final judgment or settlement. (Sec. 811) Provides that this title acts as a stay of all pending litigation regarding claims for indemnity or arising from insurance coverage for eligible costs. Bars stays of litigation ten years after this Act's enactment with respect to: (1) a person that becomes an eligible person on or after such date; and (2) an eligible person that has not filed a request for a resolution offer and has not rejected an offer before such date. (Sec. 815) Directs the President to report on: (1) the potential liability of the Fund; and (2) the number of non-NPL facilities and their average cleanup cost. (Sec. 817) Terminates the Fund's authority to: (1) accept requests for resolution ten years after this Act's enactment date; and (2) offer resolutions ten years and 180 days after such date. Title IX: Taxes - Amends the Internal Revenue Code to extend the applicability of the environmental tax to tax years before January 1, 2001 (currently, 1996). Extends certain provisions regarding the Superfund financing rate. (Sec. 903) Requires all expenditures of the Resolution Fund to be paid out of fees and assessments imposed by the Internal Revenue Code. Exempts the Fund from Federal, State, and local taxation.
United States · United States Congress · 5 August 1994
Establishes the fourth Sunday of every July as Parents' Day.
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 · 21 July 1994
Returns to the Senate S. 729 (amending the Toxic Substances Control Act to reduce the levels of lead in the environment) because in the opinion of the House of Representatives it contravenes the U.S. Constitution and infringes on the privileges of the House.
United States · United States Congress · 21 July 1994
Returns S. 1030 (Veterans Health Programs Improvement Act of 1994) to the Senate because, in the opinion of the House of Representatives, it contravenes the Constitution and infringes on the privileges of the House.
United States · United States Congress · 21 June 1994
TABLE OF CONTENTS: Title I: JOBS Title II: WORK Title III: Child Care Title IV: Provisions with Multi-Program Applicability Title V: Prevention of Dependency Title VI: Child Support Enforcement Title VII: Improving Government Assistance and Preventing Fraud Title VIII: Self Employment/Microenterprise Demonstrations Title IX: Financing Title X: Effective Dates Work and Responsibility Act of 1994 - Title I: JOBS - Amends parts A (Aid to Families with Dependent Children) (AFDC) and F (Job Opportunities and Basic Skills Training Program) (JOBS) of title IV of the Social Security Act (SSA) to revise the Federal welfare system for the purpose of making AFDC a transitional program with the goal of enabling participants to achieve maximum economic independence and self-sufficiency by, among other changes, imposing time-limited AFDC benefits and requiring participation in modified and new State-administered job training and subsidized employment programs that have been designed to eventually move them into the permanent work force and prepare them for a life without welfare by enabling them to get work experience and by requiring them to perform job searches for suitable nonsubsidized employment. (Sec. 101) Modifies current AFDC and JOBS participation requirements. Requires all AFDC recipients (including minor custodial parents not attending school full time) who are able to participate in the JOBS program to so participate, starting in FY 1996 or 1997 on a phased-in basis with custodial parents (including such minor parents) born in 1972 or later, and continuing thereafter with any such additional classes of parents of dependent children or other AFDC applicants or recipients. Requires a recipient unable to participate in the JOBS program because of a third trimester pregnancy, temporary incapacity, or other specified reason, to participate in related preparatory activities the State in appropriate cases may require pursuant to the recipient's employability plan, in order to prepare the recipient for full JOBS participation. Requires suspension for up to six months of the AFDC benefits of a family with a member who is required to participate in JOBS but refuses without good cause to accept the required number of weekly hours of employment offered by a public or private sector employer under the program. Grants States the option of continuing AFDC to the dependent children of any family with a parent who is required to participate in JOBS but fails without good cause to do so and is cut off AFDC for the period specified under current law, while preserving their eligibility under SSA title XIX (Medicaid). Directs the applicable State agency to provide appropriate counseling and other supportive services to assist the parent in addressing such failure. Requires custodial parents below age 20 who do not have a high school diploma (or its equivalent), and are required to participate in JOBS, to participate in an educational activity, regardless of State resource availability as currently conditioned under law. Allows States to apply AFDC sanctions to any individual required to get substance abuse treatment as a condition of JOBS participation who fails to get such treatment. (Sec. 102) Requires the States to implement statewide within two years of initial implementation in FY 1996 or 1997 modified JOBS programs that, with respect to the AFDC recipients required to participate in JOBS, provide for an assessment of such recipient's literacy skills and for expanded education, optional free substance abuse treatment, mandatory job search, and self-employment (including microenterprise) preparation services, in addition to the currently authorized child care and other supportive services. Requires such State JOBS programs to provide any other appropriate services or activities detailed in the recipient's individualized employability plan which the State agrees to provide and the recipient agrees to participate in by signing a personal responsibility agreement, in order to prepare the recipient for either permanent unsubsidized employment or temporary subsidized employment through the new WORK program. Requires such JOBS programs to address participant training for child care providers and nontraditional employment positions. Requires such JOBS programs to require employability plans to: (1) indicate the overall time for achieving their employment goals; and (2) be extended whenever the 24 month limit on AFDC benefits is extended. Subjects them to periodic review and revision to reflect the recipient's progress towards meeting such goals. (Continues with further modifications in the JOBS program as provided below under title II of this Act.) (Sec. 103) Revises JOBS program provisions on dispute resolution and service provision, with changes in the latter provisions: (1) extending their applicability (although modified, and along with additional specified wage, benefit, and working condition requirements) to the WORK program; (2) specifying the components of grievance procedures for resolving regular employee complaints alleging violations of worker displacement prohibitions or other specified work-related requirements; (3) requiring written notification of labor organizations when JOBS program participants are assigned to regular employment positions; (4) establishing an alternative expedited grievance procedure for complaints involving such an assignment; and (5) providing for binding arbitration for adverse grievance decisions. Changes earned income disregards and the limit on Federal reimbursement for State expenditures under work supplementation program provisions. (Sec. 104) Requires the States to generally limit AFDC benefits to 24 months, subject to extension for certain educational purposes, unless they have opted to participate in a limited number of demonstrations using alternative limits. (Sec. 105) Places administrative jurisdiction of the WORK program under the Assistant Secretary for Family Support in the Department of Health and Human Services. Title II: WORK - Adds to SSA title IV part G the WORK program. Requires States to have new programs requiring former JOBS participants who have been cut off AFDC after 24 months without receiving an extension or finding suitable employment to: (1) register with the applicable State agency for an approprate Work assignment of up to one year in the local area, involving placement in a temporary position in a subsidized private or public sector job (including ones as community service and child care providers) that gives them the experience for eventually finding a nonsubsidized job; and (2) conduct job searches for suitable nonsubsidized employment after completing an assignment while awaiting assignment to the next WORK job. (Sec. 201) Allows registrants to receive supplemental AFDC benefits in addition to their WORK earnings, as well as have their Medicaid-eligibility preserved while participating in WORK. Prohibits the upward adjustment of the amount of such supplemental benefits because of any failure to work the required hours for each assignment. Requires the aplicable State agency to conduct a comprehensive assessment at periodic intervals and either reassign the WORK participant to JOBS for additional training or to another assignment if he or she cannot find unsubsidized employment. Details other program provisions, chief among them provisions for: (1) local WORK advisory boards for advising administering agencies; (2) child care and other supportive services; (3) sanctions, hearings, and evaluations following WORK violations; and (4) optional joint JOBS and WORK administration and provision of program services through one-stop career centers. (Sec. 202) Revises current JOBS funding provisions, among other changes: (1) increasing the capped JOBS entitlement beginning in FY 1996, with the level of such entitlement specified for FY 2005 and each fiscal year thereafter adjusted for inflation; (2) limiting entitlement payments under JOBS to a State according to the average monthly number of adult recipients in the State for the preceding fiscal year relative to the number in all States (no longer factoring in the amount allotted to the State for FY 1987); (3) including enhanced Federal matching in the formulae for determining Federal payment with respect to a State's JOBS, WORK, and associated child care support expenditures; (4) establishing similar separate funding for the WORK program and specified set-asides under both programs for Indian tribes and Alaska Native organizations; and (5) earmarking specified funds for use by the Secretary of Health and Human Services (Secretary) to provide to States requesting additional funding for JOBS or WORK in the following fiscal year beyond that which was originally allocated and subsequently reallocated. (Sec. 204) Requires the States to implement modified JOBS programs as described above that, additionally, provide: (1) at the State's option, for a separate program for job training and employment opportunities for non-custodial parents without requiring their participation in JOBS or WORK in order to participate in the separate program; (2) for revised components for Indian tribes and Alaska Native organizations, among other changes, making such components applicable to such entities applying to conduct WORK programs, and to provide funding for Indian and Alaska Native child care under the AFDC, JOBS, and WORK programs; and (3) for special rules for territories regarding applicability of the 24 month limit on AFDC benefits and the WORK program. (Sec. 205) Amends SSA title XI to remove WORK and "at-risk" family child care from the territorial cap. (Sec. 207) Amends the Internal Revenue Code (IRC) to exempt earnings from WORK employment from being: (1) subject to Federal income and unemployment taxes; and (2) treated as earned income or qualified wages for purposes of the earned income and targeted jobs tax credits. Title III: Child Care - Makes various specified changes with regard to AFDC's child care support programs, including those largely conforming to the provisions of this Act concerning child care support for JOBS and WORK participants. Provides, in addition, for transitional child care for individuals leaving the WORK program. Provides also, with respect to AFDC recipients, JOBS and WORK participants, transitional child care recipients, and "at-risk" families, for parental rights and child care health and safety standards consistent with those under the Child Care and Development Block Grant Act of 1990 (Child Care Block Grant Act), including requirements for proper child immunizations and protection against toxic substances and weapons at sites where child care is provided. (Sec. 302) Provides for: (1) family cost-sharing for transitional and "at-risk" family child care consistent with the methodology used under the Child Care Block Grant Act; (2) "at-risk" family child care only in cases where the family involved is not eligible for other SSA title IV part A child care support programs, and regardless of whether they need child care in order to work; and (3) modified State payment and Federal reimbursement rules, among other changes making State licensing and monitoring activities with respect to child care providers reimbursable as an administrative cost. (Sec. 304) Provides for: (1) optional administration of AFDC's child care support programs by the lead State agency designated under the Child Care Block Grant Act; (2) establishment of a set-aside in the "at-risk" family child care support program for improving the quality and increasing the supply of appropriate child care for low-income communities; (3) increased Federal funding for the "at-risk" family child care support program as well as a new enhanced Federal match for that program consistent with that for other SSA title IV part A services; and (4) reallotment of unused "at-risk" funds to States with expenditures exceeding applicable limits. (Sec. 307) Provides for offering working AFDC families a supplement if certain earned income disregard provisions are applied in order to guarantee child care. Title IV: Provisions with Multi-Program Applicability - Revises current JOBS performance standards and AFDC quality control and management information system provisions. Provides for: (1) an outcome-based performance standards system for measuring the extent to which JOBS and WORK help participants and their families move towards self-sufficiency and economic well-being and away from welfare; and (2) an expanded quality control system, as well as new State automated systems, for use in assessing the State's performance in administering its AFDC, JOBS, WORK and child care support programs, by applying such standards and in assisting the States in monitoring participants, processing payments, providing services, managing information, and performing the other operations involved in administering such programs. Authorizes appropriations. (Sec. 403) Amends AFDC to require the Secretary to establish and maintain an automated National Welfare Receipt Registry of information on current and past AFDC and WORK participants for assisting States in administering their AFDC, JOBS, and WORK plans. Authorizes appropriations. (Sec. 404) Earmarks funding out of the capped JOBS and WORK entitlements above for specified demonstration projects, studies, and other activities related to the programs created and modified by this Act and involving, for instance: (1) JOBS placements in positions with significant retention rates; (2) WORK programs conducted outside the State's AFDC program; (3) State Work Support Agencies for assisting former AFDC recipients in retaining unsubsidized employment; and (4) parenting skills for noncustodial parents. (Sec. 405) Requires the Secretary and the Director of the Office of Management and Budget, beginning in FY 1998, to make certain certifications over a six-year period regarding the use of the component databases of the National Welfare Reform Information Clearinghouse (established under title VI of this Act) by State and Federal agencies. Requires the Director to determine whether Federal agencies have used such databases for reducing waste, fraud, and abuse in their programs in order to achieve the mandatory spending reductions assumed in the cost estimates accompanying this Act. Specifies required reductions in mandatory spending for the succeeding fiscal year if the Director certifies before the close of the current fiscal year that despite the full use of such databases mandatory spending was not reduced by the projected amount. Title V: Prevention of Dependency - Amends AFDC and JOBS to make various specified changes designed to prevent welfare dependency, including changes relating to: (1) supervised living arrangements for unmarried minor parents with dependent children and pregnant women; (2) State options to limit AFDC benefit increases for families on AFDC who have additional children, and to conduct a program of montary incentives and penalties to encourage teen custodial parents and pregnant women to complete high school and participate in parenting activities; and (3) case management for teen custodial parents on AFDC. (Sec. 505) Amends SSA title XX (Block Grants to States for Social Services) to provide for: (1) grants for development of school-based programs in high risk areas for promoting adolescent personal responsibility and character development with emphasis on drug use and pregnancy prevention; (2) grants for carrying out similar demonstration projects providing comprehensive services for promoting educational advancement, improving community stability, and developing employment opportunities in addition to focusing on personal responsibility and drug use and pregnancy prevention; and (3) establishment by appropriate Federal officials of the National Clearinghouse on Adolescent Pregnancy Prevention Programs for disseminating information on and performing other specified functions, including sponsoring training institutes, with regard to adolescent pregnancy prevention programs. Title VI: Child Support Enforcement - Amends SSA title IV part D (Child Support and Establishment of Paternity) to revise the Federal child support and paternity establishment system and related IRC and other provisions to mandate among other things: (1) centralized collection and disbursement (including interstate collection and disbursement) of child support payments through a new single statewide automated system linked to a central registry of all child support orders established or modified in the State involved subject to wage withholding; and (2) a National Welfare Reform Information Clearinghouse composed of specified automated registries and directories (including an expanded Federal Parent Locator Service) containing employment, locate, and other specified types of information for assisting the Internal Revenue Service (IRS) in verifying employment and States in administering their AFDC, JOBS, WORK, and child support and paternity establishment programs, verifying the income and eligibility of Medicaid, food stamp, and SSI (Supplemental Security Income) (SSA title XVI) program participants, and ruling on unemployment and worker compensation claims. (Sec. 601) Mandates: (1) outreach for voluntarily establishing paternity and facilitating access to child support enforcement services; (2) annual State reviews of and reports on child support and paternity establishment programs for use by Federal auditors in assessing program performance using new Government standards; and (3) increased Federal matching payments for such programs. Includes among such changes new State plan requirements regarding: (1) AFDC recipient cooperation in State efforts to establish paternity and secure support; (2) distribution of support payments; (3) due process rights; (4) privacy safeguards; and (5) State and local agency program staff and contractor training. (Sec. 612) Revises provisions on: (1) State incentive payments, providing for performance-based incentive adjustments to the Federal matching rate for payments to a particular State; and (2) reductions in State AFDC payments for certain failures, adding specific failures to achieve appropriate levels of performance in paternity establishment and child support enforcement or to submit complete or reliable data, and conditioning the effectiveness of such reductions on the State's failure to take sufficient corrective action in the succeeding fiscal year to achieve compliance. (Sec. 615) Requires the Secretary to conduct staffing studies for a report to the Congress. (Sec. 616) Earmarks specified funding for Federal technical assistance, training, research, demonstrations, and other activities assisting State child support and paternity establishment programs. (Sec. 617) Makes specified changes with regard to: (1) annual congressional reports on all SSA title IV part D activities; and (2) data collection and reporting. (Sec. 623) Revises State law requirements regarding: (1) income withholding; (2) locate networks; (3) labor union cooperation in such State efforts; (4) use of social security numbers on child support and paternity orders and other specified party records; (5) modification of child support orders (including uniform interstate enforcement and modification of such orders); (6) expedited administrative and judicial procedures for establishing paternity (including before the child is born) and establishing, modifying, and enforcing support obligations; (7) imposition of motor vehicle title liens and other specified actions for support arrearages (including mandatory credit bureau reporting of all arrearages); (8) arrearage statute of limitations and interest and penalties; and (9) visitation rights. (Sec. 625) Directs the Secretary to establish a National Welfare Reform Information Clearinghouse and an automated National Directory of New Hires. (Sec. 627) Directs the Secretary to conduct studies on: (1) (and make grants to States for demonstrations involving) certain locate activities; and (2) the use of tax return information for modifying child support orders. (Sec. 642) Provides for: (1) a reduction in State AFDC payments for failure to establish paternity promptly; and (2) State options to provide for incentive payments to families to encourage paternity establishment. Directs the Secretary to authorize certain State demonstrations involving financial incentives for paternity establishment. (Sec. 651) Authorizes the Secretary to establish: (1) a revolving loan fund for program improvements to increase child support collections; and (2) the National Commission on Child Support Guidelines to determine whether a national child support guideline is advisable and develop one for congressional consideration if it is. Authorizes appropriations. (Sec. 662) Amends IRC to make specified changes with regard to the IRS tax refund offset program and collection of arrearages, among other changes: (1) eliminating the disparities between AFDC and non-AFDC cases; and (2) prohibiting additional fees for updating open case arrearages. (Sec. 664) Consolidates and revises provisions for collecting support from Federal employees and members of the armed forces. (Sec. 672) Modifies support obligation treatment under the Federal bankruptcy code. (Sec. 673) Provides for passport denial in cases involving child support arrearages exceeding $5,000. (Sec. 681) Directs the Secretary to make grants for State demonstrations to determine the effectiveness of programs to provide assured levels of child support to custodial parents of children whose paternity and support obligations have been established. Authorizes appropriations. (Sec. 691) Authorizes appropriations for State absent parent access and visitation programs. Title VII: Improving Government Assistance and Preventing Fraud - Amends AFDC, the Family Support Act of 1988, the Food Stamp Act of 1977 (Food Stamp Act), SSA title XI, and the IRC to make various specified changes in income disregard, resource exclusion, and other provisions under the Federal welfare system that are designed to: (1) simplify administration, for example, by changing the policy of obtaining citizenship declarations from each family member in cases where a single family is applying for AFDC, and by conforming program rules between AFDC and the food stamp program on the treatment of educational assistance; and (2) prevent fraud by allowing State agencies to use the IRS to collect AFDC overpayments from Federal tax refunds. (Sec. 731) Individual Development Account Demonstration Act of 1994 - States that it is U.S. policy to: (1) eliminate barriers that prevent AFDC recipients from becoming self-sufficient through self-employment and asset accumulation; (2) identify and implement cost-effective strategies to encourage saving and entrepreneurship among low-income families that have the potential to reduce Federal spending on transfers and services to them; (3) enhance private-sector opportunities for such families by enabling them to use their own resources through expanded business investment, job creation, home ownership, and human capital investment; and (4) expand the capacity of local organizations to provide asset-related services, such as savings mechanisms and loan funds, that help people to help themselves. (Sec. 732) Provides for the establishment of State and local demonstration projects designed to determine: (1) the social, psychological, and economic effects of providing low-income individuals with the opportunity to accumulate assets and develop and use entrepreneurial skills; and (2) the extent to which an asset-based assistance policy may be used to enable such individuals to achieve economic self-sufficiency. Authorizes appropriations. (Sec. 734) Amends the IRC to allow the establishment of individual development accounts (IDAs) by or on behalf of an eligible individual for the purpose of accumulating funds to pay his or her qualified expenses. Establishes an annual limit on such contributions (except contributions to IDAs established under the demonstration projects above), and a limit on total contributions for all years of $10,000. Defines qualified expenses as those for: (1) post-secondary education expenses; (2) a first-home purchase; and (3) business capitalization. Declares that contributions to IDAs are not subject to the gift tax or the tax on prohibited transactions. (Sec. 741) Provides for State demonstrations under which participating residents will receive advanced earned income payments from a responsible State agency in lieu of receiving them from an employer. Authorizes appropriations. Title VIII: Self-Employment/Microenterprise Demonstrations - Directs the Secretary and the Administrator of the Small Business Administration, subject to available funding, to jointly develop a self-employment/microenterprise demonstration program for welfare recipients and low-income individuals. Authorizes appropriations. Title IX: Financing - Caps AFDC's emergency assistance program. (Sec. 902) Establishes uniform eligibility criteria under AFDC, SSI, and Medicaid for all categories of aliens, including those lawfully admitted for permanent residence. (Sec. 903) Makes the current five-year period of sponsor responsibility permanent law under SSI and increases sponsor periods under AFDC and food stamps to five years, among other changes in AFDC, SSI, and food stamp alien eligibility rules, which include changes disqualifying after five years certain aliens with sponsors having income in excess of applicable limits. (Sec. 904) Amends the National School Lunch Act, among other things, to: (1) establish a two-tiered reimbursement structure for family or group day care homes; (2) provide family or group day care home sponsoring organizations with additional funding for administrative expenses for each home located in a low-income area; and (3) require the Secretary of Agriculture to provide State assistance grants. (Sec. 905) Amends the Food Stamp Act to extend expiring provisions reducing the percentage of recovered food stamp overpayments retainable by State agencies. (Sec. 906) Make persons receiving in excess of $100,000 in off-farm adjusted gross income ineligible for Commodity Credit Corporation crop subsidies. (Sec. 907) Amends the IRC to: (1)extend the expiring corporate environmental income tax used to finance the Hazardous Substance Superfund; (2) extend the earned income tax credit to military personnel on extended active duty abroad; and (3) deny such credit for non-resident aliens. (Sec. 908) Amends the Federal Railroad Safety Act of 1970 to extend railroad safety inspection fees permanently. (Sec. 911) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend certain customs fees. Title X: Effective Dates - Specifies the effective dates of this Act.
United States · United States Congress · 17 June 1994
Expresses the sense of the House of Representatives that: (1) June 21, 1994, is designated as Freedom Summer Remembrance Day; and (2) it reaffirms the goal of removing remaining barriers to full voter participation in this Nation.
United States · United States Congress · 9 June 1994
Designates August 2, 1994, as National Neighborhood Crime Watch Day.
United States · United States Congress · 20 May 1994
Constitutional Amendment - Establishes a four-year term of office for Members of the House of Representatives following the next reapportionment of Representatives. Requires Districts for the elections of Representatives of each State to be numbered consecutively corresponding to the number of Representatives to which such State is entitled. Requires a Representative who officially declares candidacy for another elected office of which the term begins before his or her term as Representative ends to resign from the office of Representative.
United States · United States Congress · 11 May 1994
Designates October 16 through 22, 1994, as National Character Counts Week.
United States · United States Congress · 5 May 1994
Designates June as African-American Music Month.
United States · United States Congress · 14 April 1994
Directs the Secretary of the Interior to make technical revisions to certain maps included in a set of maps entitled "Coastal Barrier Resources System."
United States · United States Congress · 24 March 1994
Designates October 2 through 8, 1994, as Mental Illness Awareness Week.
United States · United States Congress · 18 March 1994
Pesticide Food Safety Act of 1994 - Amends the Federal Food, Drug, and Cosmetic Act to exclude pesticide chemicals from the definition of "food additive." Modifies the circumstances in which the presence of a pesticide chemical residue renders a food adulterated. (Sec. 3) Replaces provisions relating to tolerance for pesticide chemicals in or on raw agricultural commodities with provisions relating to tolerances and exemptions for pesticide chemical residues. Deems a pesticide chemical residue unsafe, unless it is within an established tolerance or an exemption is in effect. Authorizes the Administrator of the Environmental Protection Agency to establish a separate tolerance for a pesticide chemical residue with respect to food at the time the food is harvested, purchased at retail, and processed. Allows a tolerance only if the risk to human health from dietary exposure to the residue is negligible. Sets forth criteria for determining whether the risk is negligible. Requires, in determining dietary exposure, consideration of all other sources (including drinking water) of dietary exposure occurring over a lifetime. Sets forth a special exposure rule allowing, in certain circumstances, calculation of exposure to a food based on reliable data that provide the Administrator with a valid statistical basis to identify the percentage of the food in which the residue actually occurs. Requires, if a tolerance or exemption is revoked and the residue will unavoidably persist in the environment and contaminate food, that a new tolerance be established at the lowest level that permits only the unavoidable levels to remain in the food. Prohibits the issuance of a tolerance for any pesticide that contains an active or inert ingredient that is a known or probable human carcinogen or highly hazardous to human health. Allows: (1) establishment, modification, or revocation of a tolerance or establishment or revocation of an exemption from a tolerance in response to a petition or on the initiative of the Administrator; and (2) an exemption if the residue is not a human or animal carcinogen and otherwise presents no risk to human health from dietary exposure. Conditions establishment and continuation of a tolerance or exemption on the existence of a practical method of residue detection that can be performed by the Secretary of Health and Human Services on a routine basis as part of surveillance and compliance sampling for residues. Allows any person to petition the Administrator for the establishment, modification, or revocation of a tolerance or exemption. Directs the Secretary to conduct surveillance and compliance sampling of food for pesticide chemical residues. (Sec. 4) Requires the Administrator to: (1) evaluate each existing tolerance or exemption; and (2) determine, for each method of detecting and measuring levels of residues, whether the method meets certain requirements of this Act. (Sec. 6) Mandates fees sufficient to provide, equip, and maintain adequate service with regard to the review of existing tolerances and exemptions and the review of methods of detecting and measuring levels of residues.
United States · United States Congress · 17 March 1994
Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment, through November 30, 1996, to the personal effects of participants, their families and associated members, and officials, and related equipment and materials involved in the 1994 FIFA World Cup Games, the 1994 World Rowing Championships, the 1995 Special Olympics World Games, the XXVI Summer Olympiad, and the 1996 Atlanta Paralympic Games.
United States · United States Congress · 16 March 1994
TABLE OF CONTENTS: Title I: Comprehensive Program for Worker Reemployment Title II: One-Stop Career Center System Title III: National Labor Market Information System Title IV: Reinvention Labs for Job Training for the Economically Disadvantaged Reemployment Act of 1994 - Establishes: (1) a comprehensive program for worker reemployment; (2) a one-stop career center system; (3) a national labor market information system; and (4) reinvention labs for job training for the economically disadvantaged. (Sec. 4) Authorizes appropriations for titles I, III, and IV of this Act. Title I: Comprehensive Program for Worker Reemployment - Allots funds among States and reserves certain funds for national activities. (Sec. 103) Makes certain permanently laid-off workers and long-term unemployed individuals (as well as workers facing imminent plant shutdowns and self-employed individuals unemployed because of community economic conditions or natural disasters) eligible for services under this title. Makes dislocated homemakers eligible if a State Governor deems this appropriate and certain conditions are met. Part A: State and Substate Delivery System - Makes States responsible for administrative and management systems under this title. (Sec. 112) Requires the Governor to designate or establish a dislocated worker unit at the State level, with specified rapid response, information, and coordination functions. Directs such unit to coordinate with substate grantees and career centers, and to promote worker-management transition assistance committees. Provides for rapid response coverage of certain layoffs, State funding of preliminary assessments of worker buyouts of plants, prohibition of State transfer of rapid response functions, and Federal oversight of such functions. (Sec. 113) Requires the Governor to develop and maintain a comprehensive labor market information system in the State that meets certain requirements relating to the national system of effective labor market information. (Sec. 114) Requires the Governor to coordinate programs under this title with the worker profiling system under the Social Security Act and the retraining income support program under this Act. (Sec. 115) Authorizes the Governor to award supplementary grants to eligible entities to provide authorized services to eligible individuals in areas of the State experiencing substantial increases in numbers of such individuals due to plant closures, base closures, and mass layoffs. Allows such grant funds to be used to establish additional service centers, including on-site transition centers. (Sec. 116) Authorizes the Governor to award job retention project grants for: (1) upgrading skills of workers at risk of permanent layoff; and (2) retraining workers in new technologies and work processes to help convert or restructure businesses into high performance work organizations and avert plant closings or substantial layoffs. Requires State and employer contributions. Requires consultation with unions. (Sec. 117) Requires establishment of substate area administrative structures. (Sec. 118) Requires each designated substate grantee to establish one or more career centers in that area. Allows additional, temporary on-site transition centers. (Sec. 119) Authorizes the use of substate area funds for the following services for eligible individuals: (1) basic reemployment services; (2) intensive reemployment services; (3) education and training services; (4) retraining income support; (5) supportive services; and (6) supplemental wage allowances for older workers. (Sec. 120) Allows a career center to issue a certificate of continuing eligibility for services to eligible individuals who are accepting employment at a significantly lower wage than their previous one or in an occupation significantly different from their previous one. Part B: Federal Service Delivery System - Directs the Secretary of Labor to establish a program of national discretionary grants to address large-scale economic dislocations resulting from plant closures, base closures, or mass layoffs. Allows the use of such grants to: (1) provide comprehensive planning services to assist communities in addressing and reducing the impact of an economic dislocation; and (2) establish on-site transition centers. (Sec. 132) Directs the Secretary to make funds available for disaster relief employment assistance to States for substate allocation. (Sec. 133) Directs the Secretary to provide for: (1) evaluation of programs under this title; (2) research on addressing economic dislocation, facilitating the transition of permanently laid-off workers to reemployment, and upgrading skills of employed workers; and (3) demonstration projects to develop and improve methods of addressing economic dislocation and promoting worker adjustment. (Sec. 134) Directs the Secretary to provide staff training and technical assistance to various entities to enhance their capacity to develop and deliver adjustment assistance services to workers, and to avert plant closings or substantial layoffs. Requires integration of such activities with those of the Capacity Building and Information and Dissemination Network. (Sec. 135) Directs the Secretary to provide for delivery of programs, activities, and services under this title in any State that chooses not to participate. Part C: Performance Standards and Quality Assurance Systems - Directs the Secretary to establish a process, including an annual meeting, in each State to promote development of a customer service compact among parties administering programs under this title. (Sec. 152) Directs the Secretary to prescribe performance standards relating separately to the substate grantees and the career centers. Directs Governors to prescribe adjustments to such standards and award incentive grants to grantees and centers exceeding such standards. (Sec. 153) Requires each substate grantee to establish methods for obtaining customer feedback from eligible individuals and employers who have received services from a career center. (Sec. 154) Makes providers of education and training services eligible to receive funds under this title if they are eligible to participate under student aid provisions of the Higher Education Act of 1965 or are determined eligible under alternative procedures established by Governors, and if they provide performance-based information. Exempts on-the-job training providers from such requirements. Part D: General Requirements - Sets forth general requirements for programs under this title, including provisions for benefits, labor standards, and grievance procedures. Part E: Fiscal Administrative Provisions - Sets forth various administrative provisions, including ones for program year, prompt allocation of funds, monitoring, fiscal controls and sanctions, reports, recordkeeping, and investigations, administrative adjudication, nondiscrimination, judicial review, nondiscrimination, and criminal provisions. Part F: Miscellaneous Provisions - Provides for transition, on July 1, 1995, to programs authorized under this title from the following programs, which this Act repeals, under employment and training assistance for dislocated workers provisions of the Job Training Partnership Act (JTPA): (1) Economic Dislocation and Worker Adjustment Assistance program; (2) Defense Conversion Adjustment Program; (3) Defense Diversification Program; and (4) Clean Air Employment Transition Assistance Program. Terminates the Disaster Relief Employment Assistance program under JTPA. Title II: One-Stop Career Center System - Part A: Components of Voluntary One-Stop Career Center System - Requires a State's one-stop career center system, in order to receive a grant or waiver under this title, to include: (1) local workforce investment boards; (2) one-stop career centers established in accordance with specified procedures; (3) provision of specified services; (4) participation of specified Federal programs; (5) operating agreements for such centers; (6) quality assurance systems; and (6) a State Human Resource Investment Council. (Sec. 212) Directs the Governor to designate one-stop service areas within the State. Directs local officials to establish a workforce investment board for each such area. (Sec. 213) Directs the Governor and local officials to jointly select a consortium option or a multiple independent operator option as the method for establishing one-stop career centers for each service area. (Sec. 214) Requires each center to make available: (1) certain basic services to the public free of charge; and (2) certain intensive services to participants in the title I comprehensive program for worker reemployment who are unable to obtain employment through the basic services (and, optionally, to other individuals in accordance with the written agreement). Authorizes each center to provide specialized services to employers and additional services specified in the agreement. Authorizes charging fees under specified conditions, with all program income to be used to expand or enhance services. (Sec. 215) Requires the following programs to be made available to participants through the centers (and to participate in operation of such centers as parties to the agreement): (1) comprehensive programs for worker reemployment under title I of this Act; (2) Wagner-Peyser Act programs (employment services); (3) job counseling, training, and placement for veterans; (4) training services for the disadvantaged under title II of JTPA; (5) community service employment for older Americans programs under title V of the Older Americans Act; and (6) programs authorized under Federal and State unemployment compensation laws. Allows other human resource programs to provide services through and participate in operation of the centers, under specified conditions, including the Job Opportunities and Basic Skills program for AFDC recipients, the Food Stamp Employment and Training program, the Job Corps, veterans' employment programs under JTPA, and programs under the Carl D. Perkins Vocational and Applied Technology Education Act, Adult Education Act, Vocational Rehabilitation Act, and School-to-Work Opportunities Act. (Sec. 216) Sets forth requirements for operating agreements and quality assurance systems. (Sec. 218) Requires each State to establish a State human resource investment council that meets specified JTPA requirements and carries out certain additional functions including advising on development and implementation of the one-stop career center system. Part B: Grants and Waivers to Promote the Development and Implementation of One-Stop Career Center System - Authorizes the Secretary to establish programs of competitive grants to States for planning and development and for implementation of comprehensive statewide networks of one-stop career centers. (Sec. 233) Allows a State, at any point during such development or implementation, to request from the Secretary a waiver of one or more statutory or regulatory provisions. Sets forth waiver criteria. Subjects to such waiver authority the mandatory participating programs of the centers. (Sec. 234) Provides for pooling of administrative resources. Part C: Additional Activities in Support of One-Stop Career Center Systems - Directs the Secretary to establish a process, with each State implementing the one-stop career center system, including an annual meeting, to promote development of a customer service compact among the parties administering the system. (Sec. 235) Makes each State implementing such a system responsible for administration, management, monitoring, and technical assistance. (Sec. 236) Makes the Secretary responsible for monitoring compliance, staff training and technical assistance (integrated with the Capacity Building and Information Dissemination Network under JTPA), a national logo and name, and evaluation of one-stop career center programs. Part D: Effective Date - Sets forth effective dates for this title and for performance standards. Title III: National Labor Market Information System - Directs the Secretary to develop, in coordination with other Federal, State, and local entities, a strategy to establish a nationwide system of local labor market information. (Sec. 303) Directs the Secretary, in cooperation with such other entities and public-private partnerships, to develop such system to make available specified types of information. Requires certain technical standards, consumer reports, and evaluation. (Sec. 304) Directs the Secretary to provide for coordination and integration of such system and appropriate dissemination of information. Title IV: Reinvention Labs for Job Training for the Economically Disadvantaged - Amends the Job Training Partnership Act (JTPA) to establish a five-year Reinvention Labs program to: (1) encourage innovative program designs to improve provision of services to and labor market outcomes for economically disadvantaged youth and adults; (2) develop, through service delivery areas (SDAs) and States, knowledge of effective approaches to providing employment and training to the economically disadvantaged; and (3) provide SDAs with increased flexibility in operating job training programs, in exchange for greater accountability. (Sec. 401) Sets forth requirements for SDA applications for waivers of Federal requirements relating to JTPA programs for employment and training of the economically disadvantaged. Authorizes the Secretary to waive certain of such requirements under specified conditions and to provide technical assistance to SDAs, States, and service providers for Reinvention Labs programs. (Sec. 402) Modifies the definition of tuition under JTPA.
United States · United States Congress · 16 March 1994
TABLE OF CONTENTS: Title I: Comprehensive Program for Worker Reemployment Title II: Retraining Income Support and Flexibility in Unemployment Compensation Title III: One-Stop Career Center System Title IV: National Labor Market Information System Title V: Reinvention Labs for Job Training for the Economically Disadvantaged Reemployment Act of 1994 - Establishes: (1) a comprehensive program for worker reemployment; (2) retraining income support and flexibility in unemployment compensation; (3) a one-stop career center system; (4) a national labor market information system; and (5) reinvention labs for job training for the economically disadvantaged. (Sec. 4) Authorizes appropriations for titles I, III, and IV of this Act. Title I: Comprehensive Program for Worker Reemployment - Allots funds among States and reserves certain funds for national activities. (Sec. 103) Makes certain permanently laid-off workers and long-term unemployed individuals (as well as workers facing imminent plant shutdowns and self-employed individuals unemployed because of community economic conditions or natural disasters) eligible for services under this title. Makes dislocated homemakers eligible if a State Governor deems this appropriate and certain conditions are met. Part A: State and Substate Delivery System - Makes States responsible for administrative and management systems under this title. (Sec. 112) Requires the Governor to designate or establish a dislocated worker unit at the State level, with specified rapid response, information, and coordination functions. Directs such unit to coordinate with substate grantees and career centers, and to promote worker-management transition assistance committees. Provides for rapid response coverage of certain layoffs, State funding of preliminary assessments of worker buyouts of plants, prohibition of State transfer of rapid response functions, and Federal oversight of such functions. (Sec. 113) Requires the Governor to develop and maintain a comprehensive labor market information system in the State that meets certain requirements relating to the national system of effective labor market information. (Sec. 114) Requires the Governor to coordinate programs under this title with the worker profiling system under the Social Security Act and the retraining income support program under this Act. (Sec. 115) Authorizes the Governor to award supplementary grants to eligible entities to provide authorized services to eligible individuals in areas of the State experiencing substantial increases in numbers of such individuals due to plant closures, base closures, and mass layoffs. Allows such grant funds to be used to establish additional service centers, including on-site transition centers. (Sec. 116) Authorizes the Governor to award job retention project grants for: (1) upgrading skills of workers at risk of permanent layoff; and (2) retraining workers in new technologies and work processes to help convert or restructure businesses into high performance work organizations and avert plant closings or substantial layoffs. Requires State and employer contributions. Requires consultation with unions. (Sec. 117) Requires establishment of substate area administrative structures. (Sec. 118) Requires each designated substate grantee to establish one or more career centers in that area. Allows additional, temporary on-site transition centers. (Sec. 119) Authorizes the use of substate area funds for the following services for eligible individuals: (1) basic reemployment services; (2) intensive reemployment services; (3) education and training services; (4) retraining income support; (5) supportive services; and (6) supplemental wage allowances for older workers. (Sec. 120) Allows a career center to issue a certificate of continuing eligibility for services to eligible individuals who are accepting employment at a significantly lower wage than their previous one or in an occupation significantly different from their previous one. Part B: Federal Service Delivery System - Directs the Secretary of Labor to establish a program of national discretionary grants to address large-scale economic dislocations resulting from plant closures, base closures, or mass layoffs. Allows the use of such grants to: (1) provide comprehensive planning services to assist communities in addressing and reducing the impact of an economic dislocation; and (2) establish on-site transition centers. (Sec. 132) Directs the Secretary to make funds available for disaster relief employment assistance to States for substate allocation. (Sec. 133) Directs the Secretary to provide for: (1) evaluation of programs under this title; (2) research on addressing economic dislocation, facilitating the transition of permanently laid-off workers to reemployment, and upgrading skills of employed workers; and (3) demonstration projects to develop and improve methods of addressing economic dislocation and promoting worker adjustment. (Sec. 134) Directs the Secretary to provide staff training and technical assistance to various entities to enhance their capacity to develop and deliver adjustment assistance services to workers, and to avert plant closings or substantial layoffs. Requires integration of such activities with those of the Capacity Building and Information and Dissemination Network. (Sec. 135) Directs the Secretary to provide for delivery of programs, activities, and services under this title in any State that chooses not to participate. Part C: Performance Standards and Quality Assurance Systems - Directs the Secretary to establish a process, including an annual meeting, in each State to promote development of a customer service compact among parties administering programs under this title. (Sec. 152) Directs the Secretary to prescribe performance standards relating separately to the substate grantees and the career centers. Directs Governors to prescribe adjustments to such standards and award incentive grants to grantees and centers exceeding such standards. (Sec. 153) Requires each substate grantee to establish methods for obtaining customer feedback from eligible individuals and employers who have received services from a career center. (Sec. 154) Makes providers of education and training services eligible to receive funds under this title if they are eligible to participate under student aid provisions of the Higher Education Act of 1965 or are determined eligible under alternative procedures established by Governors, and if they provide performance-based information. Exempts on-the-job training providers from such requirements. Part D: General Requirements - Sets forth general requirements for programs under this title, including provisions for benefits, labor standards, and grievance procedures. Part E: Fiscal Administrative Provisions - Sets forth various administrative provisions, including ones for program year, prompt allocation of funds, monitoring, fiscal controls and sanctions, reports, recordkeeping, and investigations, administrative adjudication, nondiscrimination, judicial review, nondiscrimination, and criminal provisions. Part F: Miscellaneous Provisions - Provides for transition, on July 1, 1995, to programs authorized under this title from the following programs, which this Act repeals, under employment and training assistance for dislocated workers provisions of the Job Training Partnership Act (JTPA): (1) Economic Dislocation and Worker Adjustment Assistance program; (2) Defense Conversion Adjustment Program; (3) Defense Diversification Program; and (4) Clean Air Employment Transition Assistance Program. Terminates the Disaster Relief Employment Assistance program under JTPA. Title II: Retraining Income Support and Flexibility in Unemployment Compensation - Part A: Retraining Income Support Program - Establishes a retraining income support program to assist permanently laid-off individuals participating in long-term training programs. (Sec. 202) Sets forth eligibility requirements for tenured workers (who have been employed for more than three years before being permanently laid off) and for trade-impacted workers. Provides, at a later date, for additional eligibility coverage for workers who have been employed for more than one year but less than three years before being permanently laid-off. (Sec. 203) Sets forth formulae for determining weekly amounts of such assistance. (Sec. 204) Limits the maximum duration of such assistance to: (1) 52 weeks for individuals with three years or more of job tenure; and (2) 26 weeks for individuals with less than three years of job tenure. Provides for coordination with the extended unemployment compensation benefit program. (Sec. 205) Provides for agreements with States, administration absent State agreement, liabilities of certifying and disbursing officers, fraud and recovery of overpayments, and penalties. Part B: Retraining Income Support Account - Amends the Social Security Act to establish a Retraining Income Support Account in the Unemployment Trust Fund. Provides for transfers to such Account and transfers to States. (Sec. 222) Provides for funds to assist States in administering cash benefits for retraining income support. Part C: Financing Provisions - Amends the Internal Revenue Code to raise the rate of the Federal unemployment tax. (Sec. 232) Provides for voluntary withholding of Federal individual income tax on unemployment and other benefits, including retraining income support. Requires States to provide for a system for deduction and withholding of Federal individual income tax from unemployment compensation upon the recipient's voluntary request. Part D: Integration of Trade-Impacted Workers into the Comprehensive Reemployment System - Phases out the trade adjustment assistance program. (Sec. 242) Establishes within the Department of Labor a temporary, transitional certification program to integrate trade-impacted workers into the comprehensive system of worker reemployment and retraining income support. Part E: Unemployment Compensation Flexibility - Amends the Internal Revenue Code to allow States, under their unemployment compensation programs, to conduct: (1) short-time compensation programs; (2) reemployment bonus programs. (Sec. 253) Amends the North American Free Trade Agreement Implementation Act to repeal a sunset provision which would terminate the self-employment assistance program after five years. (Thus this Act extends such program indefinitely.) Title III: One-Stop Career Center System - Part A: Components of Voluntary One-Stop Career Center System - Requires a State's one-stop career center system, in order to receive a grant or waiver under this title, to include: (1) local workforce investment boards; (2) one-stop career centers established in accordance with specified procedures; (3) provision of specified services; (4) participation of specified Federal programs; (5) operating agreements for such centers; (6) quality assurance systems; and (6) a State Human Resource Investment Council. (Sec. 312) Directs the Governor to designate one-stop service areas within the State. Directs local officials to establish a workforce investment board for each such area. (Sec. 313) Directs the Governor and local officials to jointly select a consortium option or a multiple independent operator option as the method for establishing one-stop career centers for each service area. (Sec. 314) Requires each center to make available: (1) certain basic services to the public free of charge; and (2) certain intensive services to participants in the title I comprehensive program for worker reemployment who are unable to obtain employment through the basic services (and, optionally, to other individuals in accordance with the written agreement). Authorizes each center to provide specialized services to employers and additional services specified in the agreement. Authorizes charging fees under specified conditions, with all program income to be used to expand or enhance services. (Sec. 315) Requires the following programs to be made available to participants through the centers (and to participate in operation of such centers as parties to the agreement): (1) comprehensive programs for worker reemployment under title I of this Act; (2) Wagner-Peyser Act programs (employment services); (3) job counseling, training, and placement for veterans; (4) training services for the disadvantaged under title II of JTPA; (5) community service employment for older Americans programs under title V of the Older Americans Act; and (6) programs authorized under Federal and State unemployment compensation laws. Allows other human resource programs to provide services through and participate in operation of the centers, under specified conditions, including the Job Opportunities and Basic Skills program for AFDC recipients, the Food Stamp Employment and Training program, the Job Corps, veterans' employment programs under JTPA, and programs under the Carl D. Perkins Vocational and Applied Technology Education Act, Adult Education Act, Vocational Rehabilitation Act, and School-to-Work Opportunities Act. (Sec. 316) Sets forth requirements for operating agreements and quality assurance systems. (Sec. 318) Requires each State to establish a State human resource investment council that meets specified JTPA requirements and carries out certain additional functions including advising on development and implementation of the one-stop career center system. Part B: Grants and Waivers to Promote the Development and Implementation of One-Stop Career Center System - Authorizes the Secretary to establish programs of competitive grants to States for planning and development and for implementation of comprehensive statewide networks of one-stop career centers. (Sec. 333) Allows a State, at any point during such development or implementation, to request from the Secretary a waiver of one or more statutory or regulatory provisions. Sets forth waiver criteria. Subjects to such waiver authority the mandatory participating programs of the centers. (Sec. 334) Provides for pooling of administrative resources. Part C: Additional Activities in Support of One-Stop Career Center Systems - Directs the Secretary to establish a process, with each State implementing the one-stop career center system, including an annual meeting, to promote development of a customer service compact among the parties administering the system. (Sec. 335) Makes each State implementing such a system responsible for administration, management, monitoring, and technical assistance. (Sec. 336) Makes the Secretary responsible for monitoring compliance, staff training and technical assistance (integrated with the Capacity Building and Information Dissemination Network under JTPA), a national logo and name, and evaluation of one-stop career center programs. Part D: Effective Date - Sets forth effective dates for this title and for performance standards. Title IV: National Labor Market Information System - Directs the Secretary to develop, in coordination with other Federal, State, and local entities, a strategy to establish a nationwide system of local labor market information. (Sec. 403) Directs the Secretary, in cooperation with such other entities and public-private partnerships, to develop such system to make available specified types of information. Requires certain technical standards, consumer reports, and evaluation. (Sec. 404) Directs the Secretary to provide for coordination and integration of such system and appropriate dissemination of information. Title V: Reinvention Labs for Job Training for the Economically Disadvantaged - Amends the Job Training Partnership Act (JTPA) to establish a five-year Reinvention Labs program to: (1) encourage innovative program designs to improve provision of services to and labor market outcomes for economically disadvantaged youth and adults; (2) develop, through service delivery areas (SDAs) and States, knowledge of effective approaches to providing employment and training to the economically disadvantaged; and (3) provide SDAs with increased flexibility in operating job training programs, in exchange for greater accountability. (Sec. 501) Sets forth requirements for SDA applications for waivers of Federal requirements relating to JTPA programs for employment and training of the economically disadvantaged. Authorizes the Secretary to waive certain of such requirements under specified conditions and to provide technical assistance to SDAs, States, and service providers for Reinvention Labs programs. (Sec. 502) Modifies the definition of tuition under JTPA.
United States · United States Congress · 16 March 1994
Fairness in Medicaid Funding Act of 1994 - Amends title XIX (Medicaid) of the Social Security Act to change the Federal medical assistance percentage used under the Medicaid program. Bases payments to the States for administration costs on the Federal medical assistance percentage.
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 · 24 February 1994
Opal Creek Forest Preserve Act of 1994 - Establishes the Opal Creek Forest Preserve in Oregon. Provides for the addition to the Preserve of the Bornite Project Area lands under specified circumstances.
United States · United States Congress · 23 February 1994
1995 Special Olympics World Games Commemorative Coin Act - Directs the Secretary of the Treasury to issue one-dollar silver coins emblematic of the 1995 Special Olympics World Games. Mandates that the surcharges collected from the sale of such coins be paid to the 1995 Special Olympics World Games Organizing Committee, Inc.
United States · United States Congress · 22 February 1994
Criminal Aliens Federal Responsibility Act of 1994 - Requires the Federal Government to incarcerate or to reimburse State and local governments for the cost of incarcerating specified criminal aliens.
United States · United States Congress · 1 February 1994
Designates March 25, 1994, as Greek Independence Day: A National Day of Celebration of Greek and American Democracy.
United States · United States Congress · 1 February 1994
Designates October 1994 as National Breast Cancer Awareness Month.
United States · United States Congress · 22 November 1993
Child Abuse Accountability Act - Permits the garnishment of an annuity under the Civil Service or Federal Employees' Retirement Systems in order to satisfy a judgment against an annuitant for physically abusing a child.
United States · United States Congress · 22 November 1993
Amends the Fair Labor Standards Act of 1938 to exempt from coverage under such Act inmates of penal or other correctional institutions who participate in correctional work programs.
United States · United States Congress · 22 November 1993
Designates June 6, 1994, as D-Day National Remembrance Day.
United States · United States Congress · 22 November 1993
Designates 1994 through 1999 as the Years of the Girl Child.
United States · United States Congress · 20 November 1993
TABLE OF CONTENTS: Title I: Health Care Security Subtitle A: Universal Coverage and Individual Responsibility Subtitle B: Benefits Subtitle C: State Responsibilities Subtitle D: Health Alliances Subtitle E: Health Plans Subtitle F: Federal Responsibilities Subtitle G: Employer Responsibilities Subtitle J (sic): General Definitions; Miscellaneous Provisions Title II: New Benefits Subtitle A: Medicare Outpatient Prescription Drug Benefit Subtitle B: Long-Term Care Title III: Public Health Initiatives Subtitle A: Workforce Priorities Under Federal Payments Subtitle B: Academic Health Centers Subtitle C: Health Research Initiatives Subtitle D: Core Functions of Public Health Programs; National Initiatives Regarding Preventive Health Subtitle E: Health Services for Medically Underserved Populations Subtitle F: Mental Health; Substance Abuse Subtitle G: Comprehensive School Health Education; School-Related Health Services Subtitle H: Public Health Service Initiative Subtitle I: Coordination With COBRA Continuation Coverage Title IV: Medicare and Medicaid Subtitle A: Medicare and the Alliance System Subtitle B: Savings in Medicare Program Subtitle C: Medicaid Subtitle D: Increase in SSI Personal Needs Allowance Title V: Quality and Consumer Protection Subtitle A: Quality Management and Improvement Subtitle B: Information Systems, Privacy, and Administrative Simplification Subtitle C: Remedies and Enforcement Subtitle D: Medical Malpractice Subtitle E: Fraud and Abuse Subtitle F: McCarran-Ferguson Reform Title VI: Premium Caps; Premium-Based Financing; and Plan Payments Subtitle A: Premium Caps Subtitle B: Premium-Related Financing Subtitle C: Payments to Regional Alliance Health Plans Title VII: Revenue Provisions Subtitle A: Financing Provisions Subtitle B: Tax Treatment of Employer-Provided Health Care Subtitle C: Employment Status Provisions Subtitle D: Tax Treatment of Funding of Retiree Health Benefits Subtitle E: Coordination with COBRA Continuing Care Provisions Subtitle F: Tax Treatment of Organizations Providing Health Care Services and Related Organizations Subtitle G: Tax Treatment of Long-term Care Insurance and Services Subtitle H: Tax Incentives for Health Services Providers Subtitle I: Miscellaneous Provisions Title VIII: Health and Health-Related Programs of the Federal Government Subtitle A: Military Health Care Reform Subtitle B: Department of Veterans Affairs Subtitle C: Federal Employees Health Benefits Program Subtitle D: Indian Health Service Subtitle E: Amendments to the Employee Retirement Income Security Act of 1974 Subtitle F: Special Fund for WIC Program Title IX: Aggregate Government Payments to Regional Alliances Subtitle A: Aggregate State Payments Subtitle B: Aggregate Federal Alliance Payments Subtitle C: Borrowing Authority to Cover Cash-Flow Shortfalls Title X: Coordination of Medical Portion of Workers Compensation and Automobile Insurance Subtitle A: Workers Compensation Insurance Subtitle B: Automobile Insurance Subtitle C: Commission on Integration of Health Benefits Subtitle D: Federal Employees' Compensation Act Subtitle E: Davis-Bacon Act and Service Contract Act Subtitle F: Effective Dates Title XI: Transitional Insurance Reform Health Security Act - Title I: Health Care Security - Subtitle A: Universal Courage and Individual Responsibility - Entitles each eligible individual to: (1) the benefit provided under subtitle B through the applicable health plan in which the individual is enrolled; and (2) a health security card to be issued by the alliance or other entity that offers the applicable health plan in which the individual is enrolled. Defines an eligible individual as an individual who resides in the United States and is: (1) a citizen or national of the United States; (2) an alien permanently residing in the U.S. under color of law; or (3) a long-term nonimmigrant. Entitles a Medicare-eligible individual to benefits under Medicare instead of the above provisions of this Act. (Sec. 1002) Requires each eligible individual to enroll in an applicable health plan and pay any required premium. Prohibits disenrollment of an eligible individual until the individual is either enrolled in another plan or in Medicare. (Sec. 1003) States that nothing in this Act shall be construed as prohibiting: (1) an individual from purchasing any health services; (2) an individual from purchasing supplemental insurance; (3) an individual who is not an eligible individual from purchasing health insurance; or (4) employers from providing additional coverage. (Sec. 1004) States that a regional alliance health plan is the applicable plan for a family, unless a family member is eligible for a corporate alliance health plan. Allows military personnel, veterans, and Indians to enroll either with an alliance or with a military, veteran, or Indian plan respectively. (Sec. 1005) Prohibits an undocumented alien from enrolling in a health plan under this Act. (Sec. 1011) Defines a family as an eligible individual's eligible spouse and children. Defines couple as meaning an individual and the individual's spouse. Defines a child as being under age 18, or under age 24 in the case of a full-time student. Subtitle B: Benefits - Includes the following terms and services in the comprehensive benefit package: (1) hospital services; (2) services of health professionals; (3) emergency and ambulatory medical and surgical services; (4) clinical preventive services; (5) mental illness and substance abuse services; (6) family planning services and services for pregnant women; (7) hospice care; (8) home health care; (9) extended care services; (10) ambulance services; (11) outpatient laboratory, radiology, and diagnostic services; (12) outpatient prescription drugs and biologicals; (13) outpatient rehabilitation services; (14) durable medical equipment and prosthetic and orthotic devices; (15) vision care; (16) dental care; (17) health education classes; and (18) investigational treatments. Describes such items and services. (Sec. 1131) Requires each health plan to offer to its enrollees only one of the following cost sharing schedules: (1) lower cost sharing; (2) higher cost sharing; or (3) combination cost sharing. Provides that the annual maximum out-of-pocket expenses for an individual in any of the plans shall be $1500 and for a family the annual maximum shall be $3000. (Sec. 1135) Sets forth a table of copayments and coinsurance. (Sec. 1141) Excludes the following items and services: (1) an item or service that is not medically necessary or appropriate; (2) an item or service that the National Health Board may determine is not medically necessary or appropriate; (3) custodial care, except hospice care; (4) surgery performed solely for cosmetic purposes, unless required to correct a congenital anomaly or performed to correct a part of the body injured by either disease or accident; (5) hearing aids; (6) eyeglasses and contact lenses for individuals at least 18 years of age; (7) in vitro fertilization; (8) sex change surgery and related services; (9) private duty nursing; (10) personal comfort items, except in the case of hospice care; and (11) any dental procedures involving orthodontic care, inlays, gold or platinum fillings, bridges, crowns, pin/post retention, dental implants, surgical periodontal procedures, or the preparation of the mouth for the fitting or continued use of dentures, except as specified. (Sec. 1151) Gives the National Health Board the authority to promulgate such regulations or establish such guidelines as necessary to assure uniformity in the application of the comprehensive benefit package across all health plans. Permits the Board to expand the benefit package. (Sec. 1162) Permits a health professional or facility to refuse to provide a benefit if the professional or facility objects on the basis of a religious belief or moral conviction. Subtitle C: State Responsibilities - Requires a State, in order to be approved as a participating State, to submit a document describing the State's health care system. (Sec. 1201) Requires a participating State to: (1) establish one or more regional alliances; (2) establish and publish the criteria used in the certification of its health plan; (3) meet minimum financial solvency requirements for health plans established by the National Health Board; (4) designate an agency or official to coordinate State responsibilities under this Act; (5) conform State laws to meet the requirements of title X of this Act with respect to workers' compensation and automobile insurance; and (6) carry out all the responsibilities of a participating State specified in this Act. (Sec. 1221) Permits a State, with the Board's approval, to operate a single-payer system if specified requirements are met. Subtitle D: Health Alliances - Provides for regional alliances and corporate alliances. (Sec. 1302) Requires a regional alliance to be governed by a Board of Directors consisting of: (1) employers, including self-employed individuals; and (2) members who represent individuals purchasing coverage. Requires each regional alliance to establish a provider advisory board consisting of health care providers and professionals. (Sec. 1311) Includes in a corporate alliance an eligible sponsor who is either a large employer (more than 5,000 full-time employees) or a multiemployer plan (a plan with more than 5000 active participants). Excludes: (1) an employer whose primary business is employee leasing; (2) the Federal Government (other than the U.S. Postal Service); and (3) a State or local government. Excludes from corporate alliance eligibility the following classes of individuals: (1) AFDC recipients; (2) SSI recipients; (3) military personnel and families, veterans, and Indians who elect to enroll in specified plans specifically designed for them; and (4) seasonal or temporary employees. (Sec. 1321) Directs each regional alliance to enter into a contract with any State-certified health plan to contract with the alliance for the enrollment under the plan of eligible individuals. (Sec. 1322) Requires each regional alliance to offer a choice of health plans, including at least one fee-for-service plan. (Sec. 1326) Requires each regional alliance to establish and maintain an office of an ombudsman to assist consumers in dealing with problems that arise with health plans and the alliance. (Sec. 1329) Permits a regional alliance to adjust payments to plans or use other financial incentives to encourage health plans to expand into areas that have inadequate health services. (Sec. 1341) Set forth provisions concerning the collection of funds by regional alliances from individuals, employers, and others. (Sec. 1351) Requires each regional alliance to compute a blended plan per capita payment amount for each regional alliance health plan for enrollment in the alliance. (Sec. 1353) Requires each regional alliance to make payments to the Federal Government for academic health centers and graduate medical education. (Sec. 1361) Requires each regional alliance to comply with specified standards relating to the management of finances, maintenance of records, accounting practices, auditing procedures, financial reporting, and employer payments. (Sec. 1371) Provides for a reduction in cost sharing for low-income families. (Sec. 1373) Provides for premium discounts and reduction in liabilities for low-income families. (Sec. 1381) Permits each corporate alliance to: (1) offer coverage under either an appropriate self-insured health plan; or (2) negotiate with a State-certified plan to enter into a contract with the plan. (Sec. 1382) Requires each corporate alliance to provide a choice of health plans, including at least one fee-for-service plan and two health plans that are not fee-for-service plans. (Sec. 1385) Requires each corporate alliance to make an additional contribution towards the enrollment in health plans of the alliance by certain low-wage families. (Sec. 1386) Sets forth provisions relating to corporate alliances concerning: (1) consumer information and marketing; (2) plan and information requirements; (3) management of funds; (4) cost control; (5) payments by corporate alliance employers to corporate alliances; (6) ERISA; (7) disclosure and reserve requirements; (8) trusteeship of insolvent corporate alliance health plans; (9) imposition and collection of periodic assessments on self-insured corporate alliance plans; and (10) payments to the Federal Government by multiemployer corporate alliances for academic health centers and gradual medical education. Subtitle E: Health Plans - Requires a health plan to: (1) be either a self-insured plan (meaning a group health plan as defined by a the Employee Retirement Income Security Act of 1974) or a State-certified plan (meaning a plan certified by a State or the National Health Board); and (2) meet the applicable regulatory requirements. (Sec. 1402) Requires each health plan offered by either a regional or corporate alliance to accept for enrollment every alliance eligible individual, unless the plan has reached its enrollment limit. Prohibits the limit from being imposed on the basis of any personal characteristics of enrollees such as health status, need for health care, age, occupation, or affiliation with any person or entity. Prohibits a plan from: (1) restricting or terminating coverage for any reason, including nonpayment of premiums; (2) cancelling coverage for any eligible individual until that individual is enrolled in another plan; (3) excluding an eligible individual because of an existing medical condition; (4) imposing a waiting period before coverage begins; or (5) imposing a rider that excludes the coverage of particular eligible individuals. Prohibits discrimination by a health plan on the basis of race, national origin, sex, language, socio-economic status, age, disability, health status, or anticipated need for health services. (Sec. 1405) Requires each plan to have a grievance procedure. (Sec. 1421) Permits an entity to offer a supplemental insurance policy if the policy and the entity meet specified requirements. (Sec. 1431) Requires each health plan, with respect to each electing essential community provider located within the plan's service area, to either: (1) enter into a written provider participation agreement; or (2) enter into a written agreement under which the plan will make payment to the provider as specified. Provides a special rule for providers of school health services. Makes the provisions of the proceeding sentence applicable only to health plans offered by a health alliance during the five year period beginning with the first year in which any health plan is offered by the alliance. Directs the Secretary of Health and Human Services to study essential community providers and to make recommendations concerning such providers to the Congress. Provides that such recommendations shall apply unless a joint resolution of disapproval is enacted by the Congress. (Sec. 1441) Requires each health plan to meet specified requirements of title X of this Act with respect to workers' compensation and automobile medical liability services. Subtitle F: Federal Responsibilities - Establishes the National Health Board in the Executive Branch. Directs the President to appoint the Board's seven members. (Sec. 1503) Directs the Board to: (1) interpret the comprehensive benefit package; (2) adjust the delivery of preventive services; (3) take steps to assure that the comprehensive benefit package is available on a uniform national basis; (4) recommend to the President and the Congress appropriate revisions to the package; (5) oversee cost containment requirements; (6) develop and implement eligibility standards; (7) establish a performance based system of quality management; (8) develop and implement standards for a national health information system; (9) establish State requirements and monitor State compliance; (10) establish premium class factors; (11) develop a methodology for the risk-adjustment of premium payments; (12) establish financial requirements for guaranty funds; (13) establish standards for health plan grievance procedures; and (14) report annually to the President and the Congress. (Sec. 1506) Authorizes appropriations for the Board. (Sec. 1511) Requires the Board to approve a State health care system if the system meets the applicable requirements of this Act. Prohibits approval of a State health care system prior to 1996. (Sec. 1512) Provides for sanctions for States failing to meet conditions for compliance. (Sec. 1515) Provides for planning grants to States for implementation assistance. (Sec. 1521) Provides for the Federal assumption of responsibilities in the absence of a State system. Provides for increased premiums of 15 percent during Federal operation of a State system to provide reimbursement for the Federal cost of operating the system. (Sec. 1541) Directs the Board to develop a risk adjustment and reinsurance methodology. Sets forth guidelines for developing such methodology. (Sec. 1543) Directs the Board to establish an advisory committee to provide technical advice and recommendations regarding the risk adjustment and reinsurance methodology. (Sec. 1551) Directs the Board to establish minimum capital requirements for regional alliance health plans under which at least $500,000 of capital must be maintained for each plan in the area. Permits the Board to require additional capital. (Sec. 1552) Requires the Board to establish standards for guaranty funds established by the States. (Sec. 1571) Sets forth the responsibilities of the Secretary of Health and Human Services. Directs the Secretary to administer and implement all provisions of this Act, except those duties delegated to the Board, any other executive agency, or to any State. (Sec. 1572) Directs the Secretary to appoint an Advisory Council on Breakthrough Drugs that will examine the reasonableness of launch prices of new breakthrough drugs. (Sec. 1581) Provides for the certification of essential community providers. Sets forth the following categories of providers automatically certified (under provisions of the Public Health Service Act): (1) migrant health centers; (2) community health centers; (3) homeless program providers; (4) public housing providers; (5) family planning clinics; and (6) AIDS providers under the Ryan White Act. Includes as automatically certified (under other Acts) following: (1) Indian health programs under the Indian Health Act; and (2) maternal and child health providers and a federally qualified health center or rural health clinic under the Social Security Act. Includes as automatically certified (under provisions of this Act) the following: (1) providers of school health services; and (2) a qualified community practice network. Provides for the setting of standards for additional health providers. (Sec. 1591) Sets forth the responsibilities of the Secretary of Labor. Includes among those responsibilities the following: (1) enforcement requirements applicable to employers; (2) elections to become corporate alliances; (3) temporary assumption of insolvent self-insured corporate alliance health plans; (4) establishment and administration of the Corporate Alliance Health Plan Insolvency Fund; and (5) administering title I of ERISA as it relates to group health plans maintained by corporate alliances. Subtitle G: Employer Responsibilities - Requires employers to provide for the payments required under title VI of this Act. Sets forth other employer responsibilities including: (1) information reporting requirements; (2) requirements relating to new employees; (3) recordkeeping requirements; and (4) antidiscrimination requirements. (Sec. 1606) Prohibits self-funding of cost sharing benefits by regional alliance employers. (Sec. 1607) Requires an employer to make equal employer premium payments to all qualifying employees, if a voluntary premium payment is made. Places a limit on such voluntary employer premium payments. (Sec. 1608) Sets forth an employer's obligation to a qualifying retired beneficiary where the employer, as of October 1, 1993, was providing a threshold payment. (Sec. 1609) Authorizes the Secretary of Labor to impose a civil penalty of up to $10,000 for each violation of this subtitle with respect to each individual. Subtitle J (sic): General Definitions; Miscellaneous Provisions - Sets forth the definitions and rules used in this Act. Subtitle B: Miscellaneous Provisions (sic) - (Sec. 1911) Grants the National Health Board, the Secretary of Health and Human Services, and the Secretary of Labor authority to issue regulations as necessary to permit the timely implementation of this Act. Title II: New Benefits - Subtitle A: Medicare Outpatient Prescription Drug Benefit - (Secs. 2001 through 2005) Amends title XVIII of the Social Security Act to provide for: (1) Medicare coverage of covered outpatient prescription drugs and biologicals as well as home infusion drug therapy services; (2) payment rules and related requirements, such as those pertaining to deductibles, for covered outpatient prescription drugs; (3) manufacturer rebates to the Secretary under Medicare part B for covered outpatient prescription drugs; and (4) determination of the Medicare part B premium attributable to covered outpatient prescription drugs. Subtitle B: Long-Term Care - Establishes requirements for State plans for home and community-based services to individuals with disabilities. Includes among those requirements the following: (1) a prohibition of limiting eligibility of individuals with disabilities based on income, age, geography, severity of disability, residential setting, or other grounds specified by the Secretary; (2) a requirement to serve low-income individuals; (3) a requirement to specify how Federal and State funds will be managed; (4) quality assurance requirements; and (5) reporting requirements. Requires a State to consult with individuals and groups of individuals with disabilities when developing the plan in order to have the plan approved. (Sec. 2103) Defines "individuals with disabilities" to mean any individual within one or more of the following four categories: (1) individuals requiring help with the activities of daily living; (2) individuals with severe cognitive or mental impairment; (3) individuals with severe or profound mental retardation; and (4) severely disabled children. (Sec. 2104) Requires a State plan to specify the services available. Requires each individualized plan to be developed in close consultation with the individual and the individual's family. Prohibits a State plan from covering: (1) room and board; (2) services furnished in a hospital, nursing facility, intermediate care facility for the mentally retarded, or other specified institutional setting; or (3) items or services to the extent coverage is provided for an individual under a health plan or Medicare. (Sec. 2105) Sets forth provisions relating to: (1) cost sharing; (2) quality assurance and safeguards; (3) advisory groups; (4) payments to States; and (5) the total Federal budget for State plans and allotments to States. (Sec. 2301) directs the Secretary, with the advice and assistance of the National Long-Term Care Insurance Advisory Council to promulgate regulations as necessary to implement provisions concerning private long-term care insurance. Directs the Secretary to make appointments to such Council. Authorizes appropriations for such Council. (Sec. 2321) Directs the Secretary, after considering the Council's recommendations to promulgate regulations designed to: (1) standardize formats and terminology used in long-term care policies; (2) require insurers to provide information to customers on the range of public and private long-term care coverage available; and (3) establish other requirements promoting consumer understanding of benefits. (Sec. 2322) Directs the Secretary to promulgate regulations establishing requirements with respect to the terms of and benefits under long-term care policies, which shall include the following requirements that the policy may not: (1) limit coverage based on a preexisting condition, subject to an exception for a six month period; (2) condition eligibility for benefits based on the need or receipt of any other service; (3) condition eligibility for any benefit on any particular diagnosis; (4) condition eligibility for benefits by providers on compliance with requirements not required by State or Federal law; and (5) condition coverage of any service by a provider on the provision of such service at a higher level of care than required by the insured individual. Prohibits discrimination by diagnosis in the treatment of: (1) Alzheimer's disease; (2) any organic or inorganic mental illness; (3) mental retardation or any other cognitive or mental impairment; or (4) HIV infection or AIDS. Sets forth other requirements for such policies, including requirements related to: (1) premiums; (2) sales practices; (3) continuation, renewal, replacement, conversion, and cancellation of policies; and (4) payment of benefits. (Sec. 2342) Provides for grants to States to enforce the Federal standards concerning long-term care policies. Sets forth requirements for receiving such grants. Authorizes appropriations. Prohibits the sale of a long-term care policy in a State without a regulatory program. (Sec. 2361) Authorizes the Secretary to make grants for the development and implementation of long-term care information, counseling, and other programs to: (1) States; (2) regional alliances (at the option of States within which such alliances are located; and (3) national organizations representing insurance consumers, long-term care providers, and insurers. Authorizes appropriations for such grants. (Sec. 2601) Authorizes the Secretary to conduct a demonstration program to test the effectiveness of various approaches to financing and providing integrated acute and long-term care services for the chronically ill and disabled. Sets forth the services and benefits to be provided, including: (1) all benefits of the comprehensive benefit package provided under title I of this Act; (2) transitional benefits, including assessment and home care; (3) long-term care benefits, including adult day care, home-delivered meals, and nursing facility services in specialized care units; and (4) habilitation services. Permits any of the following to be eligible for such services under criteria to be established by the Secretary: (1) individuals with disabilities under a State program; (2) individuals entitled to benefits under the Medicare program; and (3) individuals entitled to Medicaid and who are also either entitled to Medicare or Supplemental Security Income benefits. Requires reports to the Congress on the demonstration program. Title III: Public Health Initiatives - Subtitle A: Workforce Priorities Under Federal Payments - Establishes within the Department of Health and Human Services the National Council on Graduate Medical Education. Directs the National Council to designate for each academic year the number of individuals nationwide who are authorized to be enrolled in each specified approval physician training program for each medical specialty. Sets forth provisions specifying: (1) Federal formula payments to approved physician training programs; (2) application for payments; and (3) amount of payments. (Sec. 3061) Directs the Secretary to carry out a program with respect to graduate nurse training programs that is equivalent to the program for approved physician training programs. Establishes a National Council on Graduate Nurse Education. (Sec. 3071) Authorizes appropriations for the following programs: (1) primary care physician and physician assistant training; (2) training of underrepresented minorities and disadvantaged persons; and (3) nurse training. (Sec. 3072) Authorizes appropriations for the following programs: (1) a program of skill upgrading and occupational retraining for health care workers; (2) a demonstration program to assist workers in health care institutions in obtaining advanced career positions; (3) a program to develop and operate health-worker job banks in local employment services agencies, subject to certain conditions; (4) a program to provide joint labor-management decision-making in the health care sector on workplace matters related to the restructuring of the health care delivery system of this Act; and (5) a program to facilitate the comprehensive workforce adjustment initiative. (Sec. 3073) Directs the Secretary of Health and Human Services and the Secretary of Labor to jointly establish the National Institute for Health Care Workforce Development. States that the Director of the Institute shall make recommendations to the Secretaries regarding: (1) the supply of health care workers; (2) the impact of this Act; and (3) the development and implementation of high-performance, high-quality health care delivery systems. Directs the Secretaries to establish an advisory board to assist in the development of such recommendations. Subtitle B: Academic Health Centers - Directs the Secretary to make payments to a qualified academic health center or qualified teaching hospital in order to assist such eligible institutions with costs that are not routinely incurred by other entities in providing health services, but are incurred by such institutions by virtue of the academic nature of such institutions. States that such costs include: (1) costs resulting from reduced staff productivity due to teaching responsibilities; (2) the uncompensated costs of clinical research; and (3) exceptional costs associated with an institutions specialized expertise. Provides that the funding for such payments will come from transfers from the Federal Hospital Insurance Trust Fund, payments made by regional alliances to the Federal government for academic health centers and graduate medical education, and payments from corporate alliances. (Sec. 3131) Provides for the access of regional and corporate alliance patients to academic health centers. Subtitle C: Health Research Initiatives - Amends the Public Health Service Act to ensure that the National Institutes of Health conducts and supports biomedical and behavioral research on promoting health and preventing diseases, disorders, and other health conditions. Provides for health services research. Authorizes appropriations for such research. Subtitle D: Core Functions of Public Health Programs; National Initiatives Regarding Preventive Health - Authorizes appropriations for the core functions of public health programs and national initiatives regarding health promotion and disease prevention. (Sec. 3312) Authorizes the Secretary to make grants to States to carry out one or more of the following core functions: (1) data collection; (2) activities to protect the environment and to assure the safety of housing, workplaces, and food and water; (3) investigation and control of adverse health conditions; (4) public information and education programs to reduce risks to health such as use of tobacco, alcohol, and drugs, sexual activities that increase the risk of HIV transmission and other sexually transmitted diseases, poor diet, physical inactivity, and low childhood immunization levels; (5) accountability and quality assurance activities; (6) provision of public health laboratory services to complement private clinical laboratory services that screen for diseases and conditions; (7) training and education to assure provision of care by all health professionals; and (8) leadership policy development and administrative activities. (Sec. 3331) Authorizes the Secretary to make grants to agencies of State or local government, private nonprofit organizations, and coalitions that link two or more of these groups for the purpose of carrying out projects to develop and implement innovative community-based strategies to provide for health promotion and disease prevention activities for which there is a significant need. Subtitle E: Health Services for Medically Underserved Populations - Directs the Secretary to make grants to migrant health centers and community health centers, which shall be in addition to other funds available to such centers. Authorizes appropriations. (Sec. 3412) Authorizes appropriations for: (1) grants and contracts for the development of qualified community health plans and practice networks; and (2) loans and guaranteeing the principal and interest to Federal and non-Federal lenders on behalf of public and private entities for the capital costs of developing qualified community health plans and practice networks. (Sec. 3461) Authorizes the Secretary to make grants and enter into contracts with qualified community health groups to provide enabling services such as transportation, community and patient outreach, patient education, and translation services in order to increase the capacity of individuals to utilize the items and services under title I of this Act. Authorizes appropriations. (Sec. 3471) Authorizes appropriations for: (1) the National Health Service Corps; and (2) such amounts as are necessary to ensure that at least 20 percent of participants in the Scholarship Program or the Loan Repayment Program of the Corps are nurses. (Sec. 3481) Entitles a hospital with a low-income utilization rate in a base year of at least 25 percent to a payment as specified. Requires 75 percent of the total available to be allocated to hospitals for low-income assistance. Requires 25 percent of the total available to be allocated to hospitals for assistance in furnishing inpatient hospital services that are not covered services under title I of this Act. Subtitle F: Mental Health; Substance Abuse - Authorizes appropriations to carry out this part. Provides for grants to: (1) increase access to mental health and substance abuse services; (2) improve State and local capacity to coordinate and monitor such services; (3) provide incentives to integrate public and private service systems; and (4) supplement any activity under part B (Alcohol and Drug Abuse and Mental Services Block Grant) of title XIX of the Public Health Service Act. (Sec. 3503) Authorizes the Secretary to make loans for the capital costs incurred in the development of non-acute, residential treatment centers and community-based ambulatory clinics. (Sec. 3521) Requires the establishment of a pilot program demonstrating the integration of the mental illness and substance abuse services of the States with the services included under title I of this Act. Subtitle G: Comprehensive School Health Education; School-Related Health Services - Authorizes appropriations for the programs of this subtitle. States that the purposes of the programs shall be to: (1) support, in kindergarten through grade 12, the provision of comprehensive health educator programs; (2) establish a national framework within which States can create comprehensive school health education programs that target the health risk behaviors of youth, including tobacco use, alcohol and drug abuse, sexual behaviors resulting in infections, injury prevention, dietary patterns, and sedentary lifestyles; (3) pay the initial costs of planning and establishing such programs; (4) support related Federal demonstrations and training; (5) motivate youth to stay in school, avoid teen pregnancy, and strive for success; (6) improve the knowledge of health education among youth; and (7) further the National Education Goals set forth in title I of the Goals 2000: Educate America Act. Defines "comprehensive school health education program." Requires such programs to be sensitive to cultural and ethnic issues, promote involvement by families, and promote personal responsibility. Sets forth requirements for applying for grants and selection of grantees. Subtitle H: Public Health Service Initiative - Establishes a Public Health Service Initiative consisting of specified amounts authorized to be appropriated for the Initiative. States that: (1) the Initiative includes the programs of subtitles C through G of this title and the programs of subtitle D of title VIII; and (2) amounts appropriated to carry out the Initiative, including subtitles A through F of this title, are available to carry out specific programs for which the amounts are appropriated. Subtitle I: Coordination with COBRA Continuation Coverage - Amends title XXII (Requirements for Certain Group Health Plans for Certain State and Local Employees) of the Public Health Service Act to provide for coordination with COBRA continuation coverage. Repeals such title XXII upon implementation of this Act. Title IV: Medicare and Medicaid - Subtitle A: Medicare and the Alliance System - Amends title XVIII of the Social Security Act to provide for optional State integration of Medicare beneficiaries into regional alliance plans. (Sec. 4002) Allows individuals to elect to remain in certain plans. (Sec. 4003) Provides for payments to regional alliances on behalf of certain Medicare-eligible individuals. (Sec. 4004) Extends protections for working aged and disabled individuals to group health plans of all employers. Repeals the limitation on the period of protection for individuals with end stage renal disease. Prohibits Medicare payment for items and services provided under any health plan under this Act. Simplifies Medicare benefit coordination in cases where the individual is also eligible for benefits under this Act's health plans. (Sec. 4011) Makes various changes concerning eligible organization and Medicare supplemental policy enrollment and comparative informational materials, eligible organization outlier payments, and participating provider point-of-service networks. (Sec. 4022) Provides for expanded Medicare coverage for physician assistant, nurse practitioner, and clinical nurse specialist services. (Sec. 4031) Amends title XI of the Social Security Act to: (1) provide for termination of the separate Medicare peer review program upon adoption of the National Quality Management Program above under subtitle A of title V of this Act; and (2) repeal provisions on surgical procedure review and second opinions. (Sec. 4032) Amends title XVIII of the Social Security Act to provide for mandatory assignment for all Medicare part B services. (Sec. 4033) Directs the Secretary of Health and Human Services to take such steps as may be necessary to consolidate administration of Medicare parts A and B and supersedes certain conflicting requirements to the extent required to achieve such purpose. (Sec. 4035) Prohibits the Secretary from implementing any change in procedures for billing and processing Medicare claims within six months of implementing any previous change. Adds advanced notification to providers as a requirement for carriers and fiscal intermediaries under Medicare. (Sec. 4041) Amends title XI of the Social Security Act to: (1) provide for civil monetary penalties for kickback violations under Medicare and State health care programs (the programs); (2) make other penalty-related changes, including increases in criminal and civil monetary penalties, a new criminal penalty exception for certain providers, additional civil monetary penalty offenses related to alliance systems, and requirements for the deposit of penalties collected into the All-Payer Account established above under title V of this Act; (3) revise exclusion provisions, with changes establishing a minimum period of exclusion for certain individuals and entities subject to permissive exclusion from the programs, and providing for program exclusions based on actions under alliance systems; and (4) modify sanction provisions, with changes removing certain conditions for imposing sanctions and setting specified civil money penalties for use in lieu of authorized sanctions. (Sec. 4042) Amends title XVIII of the Social Security Act to revise the limitations on physician self-referrals. (Sec. 4051) Provides for the termination of payments under Medicare for medical education costs and directs the Secretary to make specified transfers from certain Medicare trust funds to the new accounts established above for funding physician training programs and academic health centers. (Sec. 4061) Amends title XVIII of the Social Security Act to provide for the treatment of: (1) uniformed services and VA health plans as eligible organizations under Medicare; and (2) health care facilities of the Department of Veterans Affairs as providers under Medicare. Subtitle B: Savings in Medicare Program - Amends title XVIII of the Social Security Act to provide for: (1) reductions in the update for inpatient hospital services and the adjustment for indirect medical education costs, in payments for capital-related costs for inpatient hospital services; (2) revisions to payment adjustments for disproportionate share hospitals in States participating under this Act; and (3) an extension of the freeze on updates to routine service costs of skilled nursing facilities. (Sec. 4111) Amends title XVIII of the Social Security Act to provide for: (1) establishment of cumulative expenditure goals for physician services; (2) use of real gross domestic product for volume adjustments; (3) repeal of restrictions on the maximum reduction permitted in default update; (4) reduction in the conversion factor for the physician fee schedule for 1995; (5) place limitations on payment for physicians' services furnished by high-cost hospital medical staffs; (6) requirements for physicians to identify the hospital at which the service was furnished; (7) an increase in practice expense relative value units for certain services while assuring budget neutrality; (8) a study and report to the Congress by the Secretary on a resource-based system for determining practice expense relative value units for each physician's service; (9) an increase in work relative value units for office visits while assuring budget neutrality; (10) a reduction in relative values for office consultations; (11) adjustment of outlier intensity of relative values; (12) changes in underserved area bonus payments; (13) elimination of formula-driven payments for certain outpatient hospital services; (14) copayments for laboratory services; and (15) competitive acquisition procedures for Medicare part B items and services (including clinical diagnostic laboratory tests). (Sec. 4131) Makes changes with respect to: (1) Medicare as secondary payer; (2) payments for health maintenance organizations and competitive medical plans with risk-sharing contracts; and (3) routine cost limits and copayments for, respectively, home health services and visits. (Sec 4135) Directs the Secretary to use a competitive process to contract with centers of excellence for cataract surgery, coronary artery by-pass surgery, and such other services as the Secretary determines to be appropriate. (Sec. 4141) Amends title XVIII of the Social Security Act to revise Medicare part B premium provisions. (Sec. 4151) Requires the Secretary to submit a report to the Congress on the growth in spending under Medicare for FY 2000 through 2003. Subtitle C: Medicaid - Amends title XIX (Medicaid) of the Social Security Act to provide that if a State Medicaid plan provides for payment to regional alliances of the amounts required above it is not required to provide payment for items and services covered under the comprehensive benefit package for alliance eligible individuals and will receive no Federal financial assistance with respect to such items and services. (Sec. 4211) Provides for: (1) spenddown eligibility and increased income and resource disregard for nursing facility residents; and (2) informing such residents about the availability of assistance for home and community-based services. (Sec. 4221) Provides for: (1) treatment of items and services not covered under the comprehensive benefit package; and (2) establishment of a program under Medicare of noncovered items and services for poor children. (Sec. 4231) Discontinues certain payment policies under Medicaid. (Sec. 4241) Limits the frequency of changes in a State's billing and claims processing system, and provides for advance notification to providers of any major billing change. (Sec. 4251) Establishes the Medicaid Commission to study, report, and make recommendations with respect to options involving block grant use, integration of long-term care services, and consolidation of institutional and home- and community-based long-term care in relation to the Medicaid program. Authorizes appropriations. Subtitle D: Increase in SSI Personal Needs Allowance - Amends title XVI (Supplemental Security Income) (SSI) to provide for an increase in the SSI personal needs allowance. Title V: Quality and Consumer Protection - Subtitle A: Quality Management and Improvement - Requires the National Health Board to establish and oversee a performance-based program of quality management and improvement designed to enhance the quality, appropriateness, and effectiveness of heath care services and access to such services which will be called the National Quality Management Program. (Sec. 5002) Establishes the National Quality Management Council which shall: (1) administer the National Quality Management Program; (2) perform any other duty specified in this subtitle; and (3) advise the National Health Board with respect to its duties under this subtitle. Requires the Council to develop a set of national measures of quality performance to be used in the assessment of and the provision of access to health care services. Requires the Council, in addition, to: (1) recommend to the Board establishing goals for performance by health plans and health care providers on a subset of national measures of quality performance; (2) direct the Administrator for Health Care Policy and Research to develop, review, and disseminate practice guidelines to determine how diseases can most effectively be prevented, diagnosed, treated, and managed; and (3) direct the Administrator for Health Care Policy and Research to support research related to a five year priority list of performance measures. (Sec. 5008) Directs the National Health Board to: (1) establish and oversee regional professional foundations to perform such duties as develop lifetime learning programs for health professionals and conduct research on health care quality; and (2) establish the National Quality Consortium to perform such duties as establishing continuing education for health professionals and provide advice on research priorities. (Sec. 5012) Requires each regional alliance and each corporate alliance to: (1) disseminate specified information to consumers; and (2) ensure that performance and quality standards are continually improved. Subtitle B: Information Systems, Privacy, and Administrative Simplification - Directs the National Health Board to develop and implement a health information system, in consultation with Federal agencies, States, employers, health plans, and others, by which the Board shall collect, report, and regulate the collection and dissemination of health care information which shall be used for: (1) health care planning by Federal, State, and local government; (2) establishing and monitoring payments for health services; (3) assessing and improving the quality of health care; (4) managing and containing costs at the alliance and plan levels; and (5) other specified purposes. Requires the establishment of an electronic data network to collect, compile, and transmit information. (Sec. 5120) Sets forth provisions providing for health information privacy standards. (Sec. 5130) Directs the National Health Board to develop the following standard health care benefit forms: (1) an enrollment and disenrollment form; (2) a clinical encounter record; and (3) a claim form. (Sec. 5140) Establishes the National Privacy and Health Data Advisory Council in order to advise the National Health Board with respect to its duties under this subtitle. (Sec. 5141) Sets forth monetary penalties for violating health information system standards. Subtitle C: Remedies and Enforcement - Sets forth provisions with respect to the review of benefit determinations for enrolled individuals, including provisions: (1) regulating the time limits for notice of disposition of a claim; (2) governing a plan's duty to review claim denials; (3) concerning urgent requests for preauthorization; and (4) concerning other time limits with respect to time limits and notice. (Sec. 5202) Requires each State to establish a complaint review office for each regional alliance established by a State. Permits aggrieved individuals to file complaints with the appropriate review office. (Sec. 5205) Provides for a Federal Health Plan Review Board to review the decisions of complaint review office hearing officers. (Sec. 5207) Sets monetary penalties for a plan which unreasonably denies or delays payment or provision of benefits. (Sec. 5211) Directs each State to establish and maintain an Early Resolution Program in each complaint review office. Requires a program to include: (1) forums for mediation disputes; and (2) other forums of alternative dispute resolution as may be prescribed. Establishes guidelines for the eligibility of cases for submission to the Early Resolution Program. States that conclusions of the mediation proceedings shall be treated as nonbinding and shall not affect any rights to review. (Sec. 5231) Sets forth additional remedies and enforcement provisions. Subtitle D: Medical Malpractice - Prohibits any medical malpractice liability action until the final resolution of the claim under alternative dispute resolution. Requires each regional alliance health plan and corporate alliance health plan to adopt at least one specified method of alternative dispute resolution. Prohibits an individual from bringing a medical malpractice liability action unless the individual submits an affidavit that includes a report by a qualified specialist that states that there is a meritorious cause for filing the action. (Sec. 5311) Directs the Secretary to establish: (1) a project to demonstrate whether substituting liability for medical malpractice on the part of the health plan in which a physician participates for the personal liability of the physician will result in improvements in the quality of care, reductions in defense medical practices, and better risk management; (2) a pilot program under which the Secretary provides funds to one or more eligible States to determine the effect of applying practice guidelines in the resolution of medical malpractice liability actions. Subtitle E: Fraud and Abuse - Directs the Secretary and the Attorney General to establish a program: (1) to coordinate the functions of the Attorney General, the Secretary, and other organizations with respect to the prevention, detection, and control of health care fraud and abuse; (2) to conduct investigations, audits, evaluations, and inspections relating to the delivery of and payment for health care; and (3) to facilitate the enforcement of this and other statutes applicable to health care fraud. (Sec. 5402) Creates, in the Treasury, the All-Payer Health Care Fraud and Abuse Control Account which shall consist of: (1) gifts and bequests; (2) administrative penalties and assessments and portions of civil monetary penalties imposed under provisions of the Social Security Act; (3) all criminal fines imposed in cases involving a Federal health care offense; (4) penalties imposed under the False Claims Act involving claims related to the provision of health care items and services; and (5) amounts resulting from the forfeiture of property by reason of Federal health care offense. States that amounts in the fund may be used to cover costs incurred in operating the Program. (Sec. 5411) Excludes from participation in any health plan any individual or entity excluded from participation in a public program under provisions of the Social Security Act. (Sec. 5413) Sets forth physician self-referral limitations. (Sec. 5431) Amends the Federal criminal code to set penalties for knowingly executing a scheme or artifice to: (1) defraud any health alliance, health plan, or other person (alliance) in connection with the delivery of, or payment for, health care benefits, items, or services (benefits); and (2) obtain, by false or fraudulent means, money or property owned by, or under the custody of control of, any such alliance in connection with the delivery of, or payment for, health care benefits. (Sec. 5432) Amends: (1) the Federal criminal code to require the court, in imposing sentence on a person convicted of a Federal health care offense that poses a serious threat to the health of any person or has a significant detrimental impact on the health care system, to order such person to forfeit property used in the commission of the offense or that constitutes, or is derived from, proceeds traceable to the commission of the offense which is of a value proportionate to the seriousness of the offense; and (2) the Federal judicial code to require that all proceeds of forfeiture relating to Federal health care offenses be deposited into the Department of Justice Assets Forfeiture Fund. (Sec. 5433) Amends the Federal criminal code to set penalties for: (1) knowingly and willfully falsifying, concealing, or covering up a material fact, making any false, fictitious, or fraudulent statements or representations, or making or using any false writing or document knowing it to contain any false, fictitious, or fraudulent statement or entry, in any matter involving a health alliance or health plan; and (2) bribery of, and graft by, a health care official. (Sec. 5435) Authorizes: (1) the Attorney General to commence a civil action in Federal court to enjoin a Federal health care offense; and (2) a person privy to certain grand jury information concerning a health law violation to disclose that information to an attorney for the Government to use in any civil proceeding related to a Federal health care offense. (Sec. 5437) Sets penalties for: (1) theft or embezzlement in connection with a health alliance, health plan, or fund connected with such alliance or plan; and (2) misuse of a health security card issued, or unique identifier provided, pursuant to this Act. (Sec. 5441) Makes provisions of the Civil False Claims Act applicable to the use of false records or statements made to a health plan. Includes within the definition of "claim" for purposes of such Act any request or demand for money or property which is made or presented to a health plan. Subtitle F: McCarran-Ferguson Reform - Amends the McCarran-Ferguson Act to repeal the exemption under specified antitrust laws for the business of insurance to the extent that such business relates to the provision of health benefits. Title VI: Premium Caps; Premium-Based Financing; and Plan Payments - Subtitle A: Premium Caps - Sets forth provisions which provide for the computation of factors that limit the growth of premiums for the comprehensive benefit package in regional alliance health plans, including the computation of a: (1) regional alliance inflation factor; and (2) general health care inflation factor. (Sec. 6002) Directs the Board to determine: (1) a national per capita baseline premium target; (2) the national average per capita current coverage health expenditures; and (3) current health care expenditures. (Sec. 6003) Directs the Board to determine a regional alliance per capita premium. (Sec. 6004) Requires a regional alliance to annually obtain premium bids from each plan seeking to participate as a regional alliance health plan with respect to the alliance. (Sec. 6005) Permits any participating State to assume responsibility for containment of health care expenditures in the State consistent with this Act. (Sec. 6006) Directs the chair of the Board to establish an advisory commission on regional variations in health expenditures. Requires the commission to examine methods of eliminating variation in regional alliance per capita premium targets due to variation in practice patterns, not due to other factors. Requires the Board to submit its recommendations to the Congress. Requires such recommendations to apply unless a joint resolution of disapproval is passed. (Sec. 6011) Subjects each noncomplying regional alliance health plan for a year to a reduction in plan payment as specified, in order to assure that payments to regional alliance health plans by a regional alliance are consistent. Defines a noncomplying plan to include a plan in which the final accepted bid exceeds the maximum complying bid for the per capita target premium. Defines "maximum complying bid." (Sec. 6021) Directs the Board to develop a methodology for calculating an annual per capita expenditure equivalent for amounts paid for coverage for the comprehensive benefit package within a corporate alliance. (Sec. 6022) Terminates a corporate alliance with two excess years in a three year period. Provides that employers that were corporate alliance employers with respect to a terminated alliance shall become regional alliance employers. Defines an excess year as one in which the rate of increase for the corporate alliance exceeds the national corporate inflation factor. Defines rate of increase and national corporate inflation factor. (Sec. 6031) Sets forth special rules for a single-payer State. (Sec. 6041) Directs the Secretary to establish a program to monitor prices and expenditures in the U.S. health care system. Subtitle B: Premium-Related Financings - Makes each family enrolled in a regional health alliance plan or in a corporate alliance health plan in a class of family enrollment responsible for payment of the family share of premium payable for enrollment. Provides for income related discounts and specified credits. (Sec. 6102) Establishes the formula for determining the premiums. (Sec. 6111) Provides for the repayment of credit by certain families. (Sec. 6114) Provides for the special treatment of certain retirees and qualified spouses and children. (Sec. 6121) Requires each regional alliance employer to pay a monthly premium to the regional alliance for a qualifying employee. Sets forth provisions for determining such premium. Varies the premium depending upon such factors as the employer's size and average wages paid. (Sec. 6126) Sets forth provisions applicable to self-employed individuals. (Sec. 6131) Sets forth provisions for determining the corporate employer premium. Subtitle C: Payments to Regional Alliance Health Plans - Sets forth provisions to determine the computation of: (1) the blended plan per capita payment amount; and (2) the plan bid, AFDC, and SSI proportions. Title VII: Revenue Provisions - Subtitle A: Financing Provisions - Amends the Internal Revenue Code to increase the excise taxes on cigarettes and other tobacco products. (Sec. 7113) Imposes an excise tax on the manufacture or importation of roll-your-own tobacco. (Sec. 7121) Imposes an assessment on each corporate alliance employer and a temporary assessment on employers with retiree health benefit costs. Requires such assessments to be paid in the same manner as employment taxes. (Sec. 7131) Provides for the recapture of certain health care subsidies received by high-income individuals. Transfers such amounts to the Supplemental Medical Insurance Trust Fund. (Sec. 7141) Requires certain shareholders of S corporations and limited partners who materially participate in corporate activities to include their share of income or loss from such corporation when determining net earnings from self-employment. (Sec. 7142) Provides for extending Medicare coverage and applying the hospital insurance tax to all State and local government employees. Subtitle B: Tax Treatment of Employer-Provided Health Care - Provides exceptions to the exclusion of employer-provided contributions to an accident or health plan from the gross income of an employee. (Sec. 7202) Prohibits the provision of health benefit under cafeteria plans. (Sec. 7203) Makes permanent the deduction for health insurance costs of self-employed individuals. Increases such deduction to 100 percent of the basic coverage purchased from a health alliance with limitations. Subtitle C: Employment Status Provisions - Requires the Secretary of the Treasury to prescribe regulations defining an employee for employment tax purposes. (Sec. 7302) Increases the penalty for failure to file correct returns involving payments for services. (Sec. 7303) Sets forth rules to limit retroactive employment tax reclassifications. Subtitle D: Tax Treatment of Funding of Retiree Health Benefits - Requires additional reserves for post-retirement medical and life insurance benefits to cover not less than ten years of the working lives of covered employees and to be maintained as separate accounts. (Sec. 7402) Terminates the authority of pension plans to maintain health benefits accounts. Subtitle E: Coordination with COBRA Continuing Care Provisions - Repeals provisions concerning continuation coverage requirements of group health plans upon implementation of this Act. Subtitle F: Tax Treatment of Organizations Providing Health Care Services and Related Organizations - Provides for the tax treatment of charitable organizations providing health care services, insurance provided by health maintenance organizations, and certain private foundations. (Sec. 7602) Sets forth transitional rules for taxing certain organizations providing health insurance and other prepaid health care services as insurance companies other than life insurance companies. (Sec. 7603) Exempts regional alliances from income tax. Subtitle G: Tax Treatment of Long-term Care Insurance and Services - Treats qualified long-term care services as medical care for purposes of the medical expense deduction. (Sec. 7702) Provides for the treatment of long-term care insurance as accident and health insurance. (Sec. 7703) Allows accelerated death benefits under life insurance contracts to be paid to terminally ill individuals. Subtitle H: Tax Incentives for Health Service Providers - Allows a tax credit for certain qualified individuals who provide primary health services full time in a health professional shortage area. (Sec. 7802) Increases the allowable depreciation deduction for expensing certain medical equipment. Subtitle I: Miscellaneous Provisions - Allows a tax credit for the cost of personal assistance services required by an employed individual who for medical reasons is unable to engage in substantial gainful activity. (Sec. 7902) Denies tax-exempt status for private activity bonds of regional alliances, corporate alliances, or guaranty funds established under this Act. Title VIII: Health and Health-Related Programs of the Federal Government - Subtitle A: Military Health Care Reform - Directs the Secretary of Defense to establish one or more uniformed services health plans in order to provide health care services to members of the armed forces on active duty for 30 or more days as well as their covered beneficiaries. Requires conformity of such plans with health plan requirements set forth in this Act. (Sec. 8001b) Allows any such plan to rely upon the use of military health care facilities, supplemented by civilian health care providers or health plans under agreements entered into by the Secretary. Requires at least the items and services in the comprehensive benefit package under this Act to be included in each such plan. Preempts any conflicting State health plan requirements. Provides for plan enrollment, effect of failure to enroll, and choosing between a uniformed services health plan and other available plans. Prohibits the imposition of plan charges to an active-duty member other than subsistence charges, but allows the Secretary to impose limited charges for covered beneficiaries. Establishes in the Department of Defense a financial account for payments received in connection with a uniformed services health plan, allowing such funds to be used only for purposes directly related to the delivery and financing of health care services under this Subtitle. Subtitle B: Department of Veterans Affairs - Allows each veteran who is an eligible individual under this Act and individuals currently enrolled in a health plan under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to be enrolled with a Department of Veterans Affairs (VA) health plan. Requires conformity of such plans with health plan requirements set forth in this Act, with all the items and services of the comprehensive benefit package under this Act included. Allows such plans to offer supplemental health benefits and cost-sharing policies as consistent with this Act. Provides a limitation with regard to veterans enrolled with health plans outside the VA. Prohibits the imposition of any plan enrollment charges upon service-connected disabled veterans, veterans receiving disability compensation from the VA, former prisoners of war, and veterans unable to defray the costs of such care. Allows the Secretary of Veterans Affairs to establish plan charges for other veterans. Deems a VA facility to be a Medicare provider for purposes of any program administered by the Secretary of Health and Human Services. Allows for the recovery of certain care and services provided under a VA plan in the case of an individual who has coverage under another plan. Establishes in the Treasury the Department of Veterans Affairs Health Plan Fund to be used for VA health plan payments and services. Preserves existing benefits for VA facilities not operating within a health plan certified under this Act. (Sec. 8102) Directs the Secretary of Veterans Affairs to organize health plans and operate VA facilities as, or within, health plans under this Act. Preempts existing State health plan standards or requirements. Authorizes the Secretary to contract for the provision of services by a VA health plan when cost-effective, or to share resources with other health care plans, providers, or organizations. Authorizes appropriations to the VA for FY 1995 through 1997 for VA health plans under this Subtitle, subject to availability of appropriations. Requires a report from the Secretary to the Congress concerning the operation of the VA health care system within the requirements of this Act. Authorizes the Secretary to accept and use grants for health care services provided to special populations if used by the VA while operating under a VA health plan. Subtitle C: Federal Employees Health Benefits Programs - (Secs. 8202 through 8204) Provides for termination of the Federal Employees Health Benefits Program (FEHB) and treatment of Federal employees, annuitants, and other individuals (including those residing abroad) who would otherwise have been eligible for FEHBP under this Act's health plans. Subtitle D: Indian Health Service - Makes qualifying Indians eligible to enroll in a comprehensive benefits health program of the Indian Health Service. (Sec. 8303) Authorizes appropriations for supplemental Indian health care benefits. (Sec. 8305) Exempts tribal governments and organizations from making employer payments. (Sec. 8306) Sets forth provisions regarding health service to non-enrollees and non-Indians. (Sec. 8311) Requires each health program of the Indian Health Service to establish a comprehensive benefit package fund. (Sec. 8313) Authorizes appropriations for the Indian Health Service programs. Subtitle E: Amendments to the Employee Retirement Income Security Act of 1974 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise and limit the coverage of group health plans under ERISA. Makes certain ERISA provisions inapplicable with respect to State-certified health plans. Provides for an exception from ERISA civil action provisions where review is otherwise available under the Health Security Act (this Act, HSA). (Sec. 8402) Establishes ERISA requirements for expeditious reporting and disclosure applicable to group health plans, through special rules consistent with ERISA and HSA purposes. Excludes plans maintained by regional alliances from treatment as multiple employer welfare arrangements. (Sec. 8403) Revises certain ERISA provisions relating to continuation coverage under group health plans. Repeals such provisions upon implementation of HSA. (Sec. 8404) Makes ERISA standards for group health plans regarding: (1) cases of adoption applicable except to the extent otherwise provided in regulations of the National Health Board under HSA; and (2) coverage of pediatric vaccines inapplicable to a group health plan upon its becoming a corporate alliance health plan under HSA. (Sec. 8405) Requires group health plans under ERISA to comply with HSA requirements relating to health plan claims procedure. Subtitle F: Special Fund for WIC Program - Authorizes appropriations through FY 2000 for the special supplemental food program for women, infants, and children under the Child Nutrition Act of 1966. Title IX: Aggregate Government Payments - Subtitle A: Aggregate State Payments - Sets forth provisions which have formulas for determining each participating State's payment to regional alliances within the State. Provides two different formulas. Establishes one payment formula for non-cash assistance recipients. Establishes another formula relating to cash assistance recipients. Defines a non-cash assistance adult as an individual who is: (1) over 21 years; (2) a U.S. citizen or lawful alien; and (3) is not an AFDC or SSI recipient or a Medicare-eligible individual. (Sec. 9022) Directs the National Health Board to review appropriateness of such payments. Subtitle B: Aggregate Federal Alliance Payments - Sets forth the formula for determining Federal payments to regional alliances for cash assistance recipients. (Sec. 9102) States that this section constitutes budget authority in advance of appropriation Acts and obligates the Federal Government to provide for the payment to regional alliances of a capped Federal alliance payment amount. Defines "capped Federal alliance payment amount." Subtitle C: Borrowing Authority to Cover Cash-flow Shortfalls - Authorizes the Secretary to make available loans to regional alliances to cover any period of temporary cash-flow shortfall attributable to: (1) any estimation discrepancy; (2) a period of temporary cash-flow shortfall attributable to an administrative error; or (3) a period of temporary cash-flow shortfall relating to the relative timing during the year in which amounts are received and payments are required. Sets forth loan terms and conditions. Title X: Coordination of Medical Portion of Workers Compensation and Automobile Insurance - Subtitle A: Workers Compensation Insurance - Requires each health plan that provides services to enrollees through participating providers to make arrangements to provide workers compensation to such enrollees. (Sec. 10002) Requires each workers' compensation carrier that is liable for payment for workers' compensation services furnished by or through a health plan, regardless of whether or not the services are included in the comprehensive benefit package, to make payment for such services. (Sec. 10011) Sets forth requirements for participating States. (Sec. 10031) Authorizes demonstration projects in one or more States with respect to the treatment of work-related injuries and illnesses. Subtitle B: Automobile Insurance - Requires an individual entitled to automobile insurance medical benefits and enrolled in a health plan to receive automobile insurance medical services through the provision of such services by the health plan. (Sec. 10102) Requires each automobile insurance carrier that is liable for payment for automobile insurance medical services furnished by or through a health plan, regardless of whether or not the services are included in the comprehensive benefit package, to make payment for such services. (Sec. 10111) Requires each participating State to develop a fee schedule applicable to payment for automobile insurance medical services for which a fee is not included in the applicable fee schedule. Subtitle C: Commission on Integration of Health Benefits - Establishes the Commission on Integration of Health Benefits which shall study and report on the feasibility and appropriateness of transferring financial responsibility for all medical benefits, including those currently covered by workers compensation and automobile insurance, to health plans. Authorizes appropriations. Subtitle D: Federal Employees' Compensation Act - Requires the Federal Employees' Compensation Act to be interpreted and administered consistent with the provisions of subtitle A. Subtitle E: Davis-Bacon Act and Service Contract Act - Amends the Davis-Bacon Act and the Service Contract Act of 1965 to require Health Security Act benefits. Subtitle F: Effective Dates - Sets forth effective date provisions. Title XI: Transitional Insurance Reform - Sets forth transitional provisions concerning: (1) enforcement; (2) preservation of current coverage; (3) restrictions on premium increases during transition; (4) portability requirements; (5) restrictions limiting benefit reductions; and (6) the establishment of the National Transitional Health Insurance Risk Pool.
United States · United States Congress · 17 November 1993
Prohibits the shipment in interstate or foreign commerce of steel jaw leghold traps and of articles of fur derived from animals trapped in such traps. Prescribes criminal penalties for violations of this Act. Directs the Secretary of the Interior to reward nongovernment informers for information leading to a conviction under this Act. Empowers enforcement officials to detain, search, and seize suspected merchandise or documents and to make arrests with and without warrants. Subjects seized merchandise to forfeiture.
United States · United States Congress · 3 November 1993
Juvenile Firearm Regulation Act of 1993 - Amends the Federal criminal code to prohibit the transfer of a firearm or ammunition to an individual under age 18, unless a parent or legal guardian has consented to the transfer. Prohibits a juvenile from possessing a firearm or ammunition, except with respect to a juvenile: (1) who is under the supervision of an adult who is not prohibited by Federal, State, or local law from possessing a firearm; or (2) while engaged in a course of instruction or in hunting, target shooting, or other sporting activities, or while transporting the firearm or ammunition to or from the site of such activities, to the extent that the possession is specifically authorized by or under State law. Sets penalties for violations of this Act. Limits to six months the maximum term of imprisonment that would be authorized if a juvenile had been tried and convicted as an adult where the juvenile was found to be delinquent by reason of a violation of the prohibition against the unsupervised and unauthorized possession of a firearm or ammunition.
United States · United States Congress · 26 October 1993
NAFTA Worker Security Act of 1993 - Amends the Trade Act of 1974 to provide transitional trade adjustment assistance to workers adversely affected by the North American Free Trade Agreement (NAFTA) among the United States, Canada, and Mexico. Makes such workers eligible for assistance if the Secretary of Labor determines that a significant number of the workers in a firm have become totally or partially separated, or are threatened to become totally or partially separated, and either: (1) the sales or production, or both, of such firm decreased, imports from Mexico or Canada of articles like or directly competitive with articles produced by such firm have increased, and the increase in such articles contributed to such workers' separation or threat of separation and to the decline in the firm's sales or production; or (2) there has been a shift in production by the workers' firm to Mexico or Canada of articles like or directly competitive with articles produced by the firm. Authorizes a group of workers, including workers in any agricultural firm, or their recognized union to file with the Governor of a State a petition for certification of eligibility to apply for such assistance. Prohibits a worker from receiving duplicative assistance. Authorizes appropriations.
United States · United States Congress · 6 October 1993
TABLE OF CONTENTS: Title I: Grants to States to Provide Worker Adjustment Assistance Benefits to Eligible Displaced Workers Title II: Worker Adjustment Assistance Benefits Subtitle A: Income Support Subtitle B: Wage Supplements Subtitle C: Training Subtitle D: Rapid Response Assistance, Basic Readjustment Services, Relocation Allowances, and Job Search Allowances Title III: General Provisions Displaced Worker Retraining Act of 1993 - Establishes a comprehensive program of adjustment assistance to workers displaced as a result of any program, project, or activity carried out under Federal law. Authorizes appropriations. Title I: Grants to States to Provide Worker Adjustment Assistance Benefits to Eligible Displaced Workers - Directs the Secretary of Labor to make grants to applicant States to provide worker adjustment assistance benefits to eligible dislocated workers. Title II: Worker Adjustment Assistance Benefits - Subtitle A: Income Support - Sets forth dislocated worker eligibility conditions. Requires a dislocated worker to be actively seeking employment or to be enrolled in training to be eligible for income support. Allows those eligible for income support to apply for training under subtitle C. Provides for weekly income support, including amount and duration, income support factors, additional weeks, adjustment of amount, wage supplement offsets, and application of State laws. Subtitle B: Wage Supplements - Provides for weekly wage supplements, in specified amounts for a maximum of 156 weeks, for eligible displaced workers. Makes dislocated workers who are eligible for such wage supplements also eligible to apply for part-time training under subtitle C. Offsets such wage supplement weeks by any income support weeks received under subtitle A. Subtitle C: Training - Sets forth conditions of State approval of training for displaced workers. Requires priority for training for occupations and industries that utilize new technologies. Sets forth requirements relating to State and Federal payment of training costs, as well as training costs paid from other sources. Lists types of training programs that may be approved. Sets certain restrictions on State approval. Makes 156 weeks of such training the maximum number which a dislocated worker may receive. Allows a State to authorize specified limited forms of supplemental assistance during such training. Directs a State to pay costs of any approved on-the-job training of a displaced worker, but only if certain conditions are met, such as nondisplacement of current workers, nonimpairment of collective bargaining agreements, and certification of continued employment for the trained worker. Prohibits declaring a displaced worker ineligible for State or Federal unemployment insurance or benefits under this Act because that individual is in or is entering approved training. Subtitle D: Rapid Response Assistance, Basic Readjustment Services, Relocation Allowances, and Job Search Allowances - Entitles to 13 weeks of rapid response assistance and 156 weeks of basic readjustment services: (1) any displaced worker, whether or not eligible for subtitle A or B benefits; or (2) any individual who has received notice of impending total or partial separation from employment and who had at least ten weeks of employment during the 52 weeks preceding such notice. Provides for State delivery of rapid response assistance, with oversight by the Secretary. Allows a displaced worker, whether or not eligible for subtitle A or B benefits, to apply to the State for: (1) a relocation allowance; and (2) a job search allowance. Sets forth conditions for approval of such allowances. Title III: General Provisions - Sets forth general provisions relating to fraud and recovery of overpayments, penalties, subpoena power, and regulations.
United States · United States Congress · 6 October 1993
Emergency Immigrant Education Act of 1993 - Amends the Elementary and Secondary Education Act of 1965 to establish an emergency immigrant education program. Authorizes appropriations. Directs the Secretary of Education to allocate program payments to State educational agencies for services for immigrant children in elementary and secondary schools in local educational agency districts where the number of immigrant children is equal to at least 1,000 or at least five percent of the total number of students enrolled in public and nonpublic schools during that fiscal year. Allows a State to reserve not more than three percent of such funds for such services in local educational agencies which do not meet such criteria. Authorizes the Secretary, also under such program, to make district-wide immigrant grants for other services for immigrant children to local educational agencies whose districts include numbers of such children in public and nonpublic schools equal to at least 5,000 or at least ten percent.
United States · United States Congress · 30 September 1993
Women's Health Services Act of 1993 - Amends title XVIII (Medicare) of the Social Security Act to: (1) provide for coverage under Medicare part B (Supplementary Medical Insurance) of bone mass measurements and annual screening mammography for women over age 64; and (2) make permanent the coverage of certain osteoporosis drugs under such part.
United States · United States Congress · 30 September 1993
Designates November of each year as National American Indian Heritage Month.
United States · United States Congress · 27 September 1993
Designates the week beginning October 25, 1993, as World Population Awareness Week.
United States · United States Congress · 21 September 1993
Youth Handgun Safety Act of 1993 - Amends the Federal criminal code to prohibit: (1) the sale, delivery, or transfer to a juvenile of a handgun or ammunition that is suitable for use only in a handgun; and (2) the possession by a juvenile of a handgun or such ammunition. Makes exceptions with respect to a transfer to, or possession by, a juvenile: (1) when the handgun is used in target practice under adult supervision, under specified conditions; (2) when the transfer occurs with the permission of a parent or legal guardian of the juvenile; and (3) in accordance with State and local law. Sets penalties for violations of this Act.