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Official portrait of Rep. Hutto, Earl [D-FL-1]

Rep. Hutto, Earl [D-FL-1]

United States · Official source

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2,394 records where Rep. Hutto, Earl [D-FL-1] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· HJRESH.J.Res. 424 (103rd)referred

Proposing an amendment to the Constitution of the United States relating to voluntary school prayer.

United States · United States Congress · 6 October 1994

Constitutional Amendment - Declares that nothing in the Constitution shall be construed to prohibit individual or group prayer in public schools or other public institutions. States that no person shall be required by the United States or any State to participate in prayer. Provides that neither the United States nor any State shall compose prayers to be said in public schools.

Resolution· HCONRESH.Con.Res. 296 (103rd)referred

Commemorating the 125th anniversary of the birth of Mahatma Gandhi.

United States · United States Congress · 23 September 1994

Declares that the Congress: (1) recognizes October 2, 1994, as the 125th anniversary of the birth of Mahatma Gandhi; (2) commends his unique role in establishing the state of India and its democratic institutions; and (3) congratulates his leadership, which has enhanced the friendship between the United States and India.

Bill· HRH.R. 5049 (103rd)referred

George Washington Boyhood Home Commemorative Coin Act of 1994

United States · United States Congress · 19 September 1994

George Washington Boyhood Home Commemorative Coin Act of 1994 - Directs the Secretary of the Treasury to issue one-dollar silver coins emblematic of a profile of George Washington and a depiction of his xboyhood home. Declares that all surcharges received from coin sales shall be paid to the George Washington Boyhood Home Foundation.

Bill· HRH.R. 5008 (103rd)referred

Back-To-Basics Crime Control Act of 1994

United States · United States Congress · 21 August 1994

TABLE OF CONTENTS: Title I: Grants for Correctional Facilities Title II: State and Local Law Enforcement Grants Title III: Protection Against Sexually Violent Predators Title IV: Eliminating Excessive and Redundant Appeals Title V: Reform of 'Exclusionary Rule' Title VI: Truth-In-Sentencing Title VII: Prison Work Required; Luxuries Abolished Title VIII: Improving Border Controls Title IX: Enhanced Gun Penalties Title X: Violent Crime Reduction Trust Fund Title XI: Mandatory Life Imprisonment for Persons Convicted of Certain Felonies Back-To-Basics Crime Control Act of 1994 - Title I: Grants for Correctional Facilities - Directs the Attorney General to make grants to States to construct, expand, and improve prisons and jails. Authorizes specified sums to each State without conditions imposed by the Federal Government, except requirements to comply with this title and to use such funds exclusively for the construction of prisons and jails. Authorizes appropriations. Sets forth formulas for the distribution of funds in FY 1995 and in FY 1996 through 1999 based on violent crimes reported by the States to the Federal Bureau of Investigation (FBI). (Sec. 102) Specifies that 25 percent of total funds appropriated under this title shall be allocated to each eligible State according to a formula which takes into account the percentage change in the time to be served by persons convicted of violent crimes. Directs that States which have achieved a truth in sentencing standard of violent criminals serving 85 percent of prison time assessed receive the incentive funds, subject to specified requirements. Title II: State and Local Law Enforcement Grants - Requires the Attorney General to make grants to States to increase the number of law enforcement officers in service. Authorizes specified funds, without conditions imposed by the Federal Government (except that the funds be used exclusively to increase the number of law enforcement officers in service). Requires States to allocate 80 percent of their grants to local government for use by local law enforcement, as nearly as possible in proportion to the populations served by such local law enforcement agencies (LEAs). Title III: Protection Against Sexually Violent Predators - Directs the Attorney General to: (1) establish guidelines for State programs to require a sexually violent predator to register a current address with a designated State LEA upon being released from prison or being placed on parole or supervised release; and (2) approve each State program that complies with the guidelines. Makes States that do not implement and maintain such programs ineligible to receive ten percent of the funds that would otherwise be allocated to the State in drug control and system improvement grants under the Omnibus Crime Control and Safe Streets Act of 1968. Requires: (1) the determination that a person is, or is no longer, a sexually violent predator to be made by the sentencing court after receiving a report by a board of experts on sexual offenses; and (2) each State to establish a board composed of experts in the field of the behavior and treatment of sexual offenders. Sets forth provisions regarding: (1) notification regarding the duty of an offender to register and to provide any new address to a designated State LEA and of a State prison official to obtain specified information; (2) the transfer of information to the State LEA and to the FBI; (3) quarterly verification of the released offender's address; (4) penalties for failing to register and keep the registration current; (5) termination of the obligation to register; (6) community notification concerning a predator required to register; and (7) immunity for good faith conduct by LEAs, their employees, and State officials. Title IV: Eliminating Excessive and Redundant Appeals - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Establishes a two-year statute of limitations for Federal prisoners filing for collateral relief. (Sec. 406) Sets forth special habeas corpus procedures in capital cases brought by prisoners in State custody who are subject to a capital sentence. Makes such procedures contingent upon: (1) a State establishing by rule of its court of last resort or by statute a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post convictions and sentences have been upheld on direct appeal to such court or have otherwise become final; and (2) such rule or statute providing standards of competency for the appointment of counsel. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this title. Details conditions which will cause such stay to expire. Prohibits a Federal court from entering a stay of execution or granting relief in a capital case unless specified conditions are met. Sets forth lime limits for determining petitions. Authorizes the State or Government to enforce such time limits by applying to the court of appeals or the Supreme Court for a writ of mandamus. Title V: Reform of 'Exclusionary Rule' - Amends the Federal criminal code to prohibit the exclusion of evidence obtained as a result of a search or seizure, in a proceeding in a court of the United States, on the grounds that the search or seizure was in violation of the Fourth Amendment of the Constitution if it was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with such amendment. Makes the fact that evidence was obtained pursuant to and within the scope of a warrant prima facie evidence of the existence of such circumstances. Prohibits the exclusion of evidence, in a proceeding in a U.S. court, on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority. Title VI: Truth in Sentencing - Amends the Federal criminal code to permit the Bureau of Prisons to add, in its discretion, additional time to a prisoner's sentence of up to 15 percent of the prisoner's term for unsatisfactory behavior. Prohibits a sentence from being reduced for satisfactory behavior to a term less than the original sentence nominally imposed. Title VII: Prison Work Required; Luxuries Abolished - Directs the Attorney General to implement and enforce regulations which: (1) mandate prison work for all able-bodied inmates in Federal penal and correctional institutions; and (2) prohibit the Government provision in inmates' cells of television, radio, telephone, stereo, or similar amenities. (Sec. 702) Amends the Higher Education Act of 1965 to prohibit awards of Pell grants to prisoners in Federal or State penal institutions. Title VIII: Improving Border Controls - Authorizes appropriations. Authorizes and directs the Attorney General to use such funds to permit the commander of the Border Patrol to increase by at least 6,000 the number of border patrol agent positions above the number of such positions as July 1, 1994. (Sec. 802) Amends the Immigration and Nationality Act to provide for expedited deportation and exclusion of criminal aliens. Prohibits reentry of an alien into the United States during the minimum period of confinement to which the alien was sentenced. Authorizes the Attorney General to prescribe special regulations for the registration and fingerprinting of aliens on criminal probation or parole. Expands the definitions of "aggravated felony." (Sec. 805) Sets forth deportation procedures for certain criminal aliens who are not permanent residents. Grants a U.S. district court jurisdiction to enter a judicial order of deportation at the time of sentencing against an alien whose criminal conviction causes such alien to be deportable under provisions relating to conviction of an aggravated felony if requested prior to sentencing by the U.S. Attorney. (Sec. 807) Restricts defenses to deportation for certain criminal aliens. Enhances penalties for failing to depart or reentering after a final order of deportation. (Sec. 810) Authorizes appropriations for a criminal alien information system. Title IX: Enhanced Gun Penalties - Amends the Federal criminal code to enhance penalties imposed upon persons convicted of using or carrying a firearm during and in relation to the commission of a felony. (Sec. 902) Sets a mandatory minimum sentence for unlawful possession of a firearm by a convicted felon, fugitive from justice, addict or unlawful user of a controlled substance, or transferor or receiver of a stolen firearm. (Sec. 903) Increases the general penalty for violation of Federal firearms laws. Title X: Violent Crime Reduction Trust Fund - Establishes a Violent Crime Reduction Trust Fund as a separate account in the Treasury into which shall be transferred savings realized from implementation of provisions of the Federal Workforce Restructuring Act of 1994. Sets forth provisions regarding: (1) transfers into, and appropriations from, the Fund; (2) annual reporting requirements on the status of the Fund; and (3) allocation of sums in the Fund. Extends authorizations of appropriations for fiscal years for which the full amount authorized is not appropriated. Title XI: Mandatory Life Imprisonment for Persons Convicted of Certain Felonies - Amends the Federal criminal code to provide for mandatory life imprisonment for persons convicted in Federal court of a serious violent felony if: (1) the person has been convicted (and the conviction has become final) on separate prior occasions in a Federal or State court of two or more serious violent felonies, or one or more serious violent felonies and one or more serious drug offenses; and (2) each serious violent felony or serious drug offense used as a basis for sentencing under this title, other than the first, was committed after the defendant's conviction of the preceding serious violent felony or serious drug offense. Sets forth provisions regarding: (1) persons subject to the criminal jurisdiction of an Indian tribal government; and (2) resentencing upon the overturning of a prior conviction. (Sec. 1102) Prohibits the court from reducing the sentence of a defendant unless specified conditions are met, including that defendant is at least age 70, has served at least 30 years in prison for the offense or offenses for which the defendant is currently imprisoned, and a determination has been made by the Director of the Bureau of Prisons that the defendant is not a danger to the safety of any other person or the community.

Resolution· HRESH.Res. 527 (103rd)referred

Expressing the sense of the House of Representatives that the Presidential Medal of Freedom should be awarded to Dr. Benjamin Elijah Mays.

United States · United States Congress · 21 August 1994

Expresses the sense of the House of Representatives that the President should award Benjamin Elijah Mays the Presidential Medal of Freedom posthumously in honor of his distinguished career as an educator, civil and human rights nonviolent leader, and public theologian and his many contributions to the improvement of American society and the world.

Bill· HRH.R. 5006 (103rd)open

Savings and Investment Incentive Act of 1994

United States · United States Congress · 20 August 1994

TABLE OF CONTENTS: Title I: Retirement Savings Incentives Subtitle A: Restoration of IRA Deduction Subtitle B: Nondeductible Tax-Free IRAs Title II: Penalty-Free Distributions Title III: Aid to Families with Dependent Children Savings and Investment Incentive Act of 1994 - Title I: Retirement Savings Incentives - Subtitle A: Restoration of IRA Deduction - Amends the Internal Revenue Code to remove the limitation on the deductibility of contributions to individual retirement plans (IRAs) by active participants in employer-maintained plans, thereby restoring the IRA deduction. Provides an inflation adjustment after 1995. Allows certain spouses a full deduction for contributions to an IRA. Subtitle B: Nondeductible Tax-Free IRAs - Allows individuals to establish individual retirement plus (IRA Plus) accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such accounts nondeductible. Title II: Penalty-Free Distributions - Allows distributions from certain retirement plans without penalty to purchase first homes, pay higher education expenses and financially devastating medical expenses, and assist certain unemployed individuals. Title III: Aid to Families with Dependent Children - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to exclude from AFDC eligibility determinations certain income and resources that are to be used for education, training, and employability purposes. Requires the Secretary of Health and Human Services to report to the Congress on a revision of the AFDC limit on automobiles in order to increase the employability of AFDC recipients.

Bill· HRH.R. 4804 (103rd)referred

To authorize appropriations for construction of a research facility in Broward County, Florida, to be used in connection with efforts to control Melaleuca and other exotic plant species that threaten native ecosystems in the State of Florida.

United States · United States Congress · 20 July 1994

Amends the Water Resources Development Act of 1992 to increase the amount authorized to be appropriated for the construction of a research and quarantine facility in Broward County, Florida, to be used in connection with efforts to control Melaleuca and other exotic plant species that threaten native ecosystems in Florida.

Bill· HRH.R. 4664 (103rd)referred

To amend the Tariff Act of 1930 to provide relief from antidumping and countervailing duty orders in cases of short supply.

United States · United States Congress · 28 June 1994

Amends the Tariff Act of 1930 to require the administering authority, whenever it has determined upon the filing of a short-supply petition that a short-supply situation exists with respect to a particular product within the same class or kind as merchandise that is the subject of an antidumping duty order or finding, or a countervailing duty order, to authorize the importation of additional quantities of such merchandise free of duties, estimated duty deposits, reporting requirements, and other restrictions, unless it determines that such imports will erode the pricing structure of domestic merchandise comparable to the class or kind of merchandise that is subject to such order or finding. Requires the administering authority, whenever it finds that a short-supply petition contains adequate information, to determine: (1) if a short-supply situation exists in the United States with respect to a product; and (2) if an affirmative determination is made, the quantity of the product, if any, that may be imported into the United States without regard to the applicable antidumping or countervailing duty order. Requires the administering authority, if it determines that a short-supply situation does not exist because a U.S. producer states that it will supply the product in the quantity requested, and such producer fails to supply such product as promised, to grant a short-supply allowance for the quantity such producer failed to supply.

Law· HRH.R. 4598 (103rd)enacted

To direct the Secretary of the Interior to make technical corrections to maps relating to the Coastal Barrier Resources System.

United States · United States Congress · 17 June 1994

Directs the Secretary of the Interior to make technical corrections to the Coastal Barrier Resources System maps necessary to ensure that: (1) depictions of areas on those maps are consistent with the depictions of areas appearing on other specified maps; and (2) the Coastal Barrier Resources System does not include any area that was part of unit FL-05P.

Resolution· HRESH.Res. 446 (103rd)referred

Expressing the sense of the House of Representatives regarding the issuance under title VII of the Civil Rights Act of 1964 of administrative guidelines applicable to religious harassment in employment.

United States · United States Congress · 26 May 1994

Expresses the sense of the House of Representatives that for purposes of issuing final guidelines under title VII of the Civil Rights Act of 1964 relating to unlawful harassment in employment, the Equal Employment Opportunity Commission should exclude harassment based on religion.

Law· HRH.R. 4497 (103rd)enacted

To award a congressional gold medal to Rabbi Menachem Mendel Schneerson.

United States · United States Congress · 25 May 1994

Authorizes the President to present, on behalf of the Congress, to the Lubavitcher rebbe, Rabbi Menachem Mendel Schneerson, a gold medal in recognition of his outstanding and enduring contributions toward world education, morality, and acts of charity. States that no appropriations are authorized to implement this Act. Declares that the medals struck pursuant to this Act are national medals.

Bill· HJRESH.J.Res. 369 (103rd)referred

Designating September 16, 1994, as "National POW/MIA Recognition Day" and authorizing display of the National League of Families POW/MIA flag.

United States · United States Congress · 24 May 1994

Designates September 16, 1994, as National POW/MIA Recognition Day. Requires the display of the National League of Families POW/MIA flag at: (1) all national cemeteries and the National Vietnam Veterans Memorial on May 30, 1994 (Memorial Day), September 16, 1994 (National POW/MIA Recognition Day), and November 11, 1994 (Veterans Day); and (2) the White House and the buildings containing the primary offices of the Secretaries of State, Defense, and Veterans Affairs and the Director of the Selective Service System on September 16, 1994 (National POW/MIA Recognition Day).

Bill· HRH.R. 4464 (103rd)referred

National Community Service Commemorative Coin Act

United States · United States Congress · 20 May 1994

National Community Service Commemorative Coin Act - Directs the Secretary of the Treasury to issue one-dollar silver coins to commemorate students who volunteer to perform community service. Mandates that all surcharges received from such coin sales be paid to the National Community Service Trust to fund innovative community service programs at American universities, including the service, research, and teaching activities of the faculty and students involved in such programs.

Bill· HJRESH.J.Res. 368 (103rd)referred

Proposing an amendment to the Constitution of the United States providing for 4-year terms for Members of the House of Representatives.

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.

Resolution· HRESH.Res. 424 (103rd)referred

Expressing the sense of the House of Representatives that Members of Congress should have the opportunity to offer an amendment striking an employer mandate in any legislation to reform our health care system.

United States · United States Congress · 11 May 1994

Expresses the sense of the House of Representatives that Members of Congress should have the opportunity to offer, debate, and vote on an amendment striking any employer mandate in any legislation to reform our health care system.

Bill· HRH.R. 4381 (103rd)referred

United States Navy Blue Angels Commemorative Coin Act

United States · United States Congress · 10 May 1994

United States Navy Blue Angels Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) issue one-dollar silver coins emblematic of the United States Navy Blue Angels; and (2) distribute all surcharges from coin sales to the Treasury general fund to reduce the national debt.

Resolution· HCONRESH.Con.Res. 243 (103rd)referred

Expressing the sense of the Congress that any legislation that is enacted to provide for national health care reform should provide for compensation for poison control center services, and that a commission should be established to study the delivery and funding of poison control services.

United States · United States Congress · 26 April 1994

Expresses the sense of the Congress that: (1) any health care reform legislation that is enacted should contain provisions that ensure that qualified poison control centers are adequately compensated; and (2) a national commission should be established to study the delivery and funding of poison control services.

Bill· HRH.R. 4259 (103rd)referred

National Security Budgeting and Deficit Control Act of 1994

United States · United States Congress · 20 April 1994

National Security Budgeting and Deficit Control Act of 1994 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings) to extend the caps on defense and nondefense discretionary spending through FY 1998. Requires the special budget authority adjustment required in the final sequestration report for FY 1995 under such Act to be equally divided between the defense and nondefense categories for each applicable fiscal year.

Bill· HRH.R. 4135 (103rd)referred

United States Botanic Garden Commemorative Coin Act of 1995

United States · United States Congress · 24 March 1994

United States Botanic Garden Commemorative Coin Act of 1995 - Directs the Secretary of the Treasury to: (1) issue one-dollar silver coins to commemorate the 175th anniversary of the founding of the United States Botanic Garden; and (2) pay all surcharges received from such coin sales to the National Fund for the United States Botanic Garden.

Bill· HRH.R. 4047 (103rd)referred

Fairness in Medicaid Funding Act of 1994

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.

Bill· HRH.R. 4052 (103rd)referred

National Flood Insurance Program Improvement Act of 1994

United States · United States Congress · 16 March 1994

TABLE OF CONTENTS: Title I: Definitions Title II: Compliance and Increased Participation Title III: Ratings and Incentives for Community Floodplain Management Programs Title IV: Mitigation of Flood and Erosion Risks Title V: Task Force, Advisory Council, and Studies Title VI: Miscellaneous Provisions National Flood Insurance Program Improvement Act of 1994 - Title I: Definitions - Defines specified terms under the Flood Disaster Protection Act of 1973 and the National Flood Insurance Act of 1968. Title II: Compliance and Increased Participation - Amends the Flood Disaster Protection Act of 1973 to expand flood insurance purchase requirements for borrowers securing loans through the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and Federal agency mortgage lenders. Requires residential real estate lenders to establish flood insurance premium escrow accounts. Requires Federal lenders and regulated lending institutions (banks, savings and loans, credit unions) and loan servicers to notify borrowers of special flood hazards and of the need to purchase and maintain flood insurance. Requires such entities, after 60 days' notice, to purchase such insurance on behalf of the borrower and charge the borrower for premium costs. Provides for review of special hazards determinations by the Director of the Federal Emergency Management Agency (FEMA). Requires the Director to develop a standard flood hazard determination form for use in connection with loans for residential properties located in an area of special flood hazards and in which flood insurance is available. Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to require regulated lending institutions to conduct examinations and report to the Congress with respect to compliance with the National Flood Insurance Program. Provides penalties for lenders who fail to require flood insurance, maintain escrow accounts, or provide appropriate borrower notification with respect to the need for flood insurance. Amends the Federal Financial Institutions Examinations Council Act of 1978 to direct the Financial Examinations Council to coordinate with Federal entities for lending regulation to develop uniform lender standards. Title III: Ratings and Incentives for Community Floodplain Management Programs - Amends the National Flood Insurance Act of 1968 to provide for a community rating system and premium rate incentives for community floodplain management. Requires the FEMA Director to carry out a community erosion hazard management program which provides incentives for reduction of erosion damage and promotes the reduction of Federal flood insurance losses related to erosion hazards. Provides program funding. Title IV: Mitigation of Flood and Erosion Risks - Amends the Housing and Urban Development Act of 1968 to require the FEMA Director to coordinate all flood and erosion mitigation activities under the Federal Insurance Administrator. Provides funding for such activities. Amends the National Flood Insurance Act of 1968 to require the FEMA Director to develop and implement a State, community, and individual flood and erosion mitigation financial assistance program for structures insured under such Act. Requires such activities to be technically feasible and cost-effective. Provides assistance limitations. Repeals (with a transition period) the current program for the purchase of certain insured properties, as well as the current program for the demolition or relocation of threatened structures. Title V: Task Force, Advisory Council, and Studies - Establishes a two-year interagency Flood Insurance Task Force to: (1) develop standardized flood insurance enforcement procedures; (2) study Federal agency and secondary mortgage market assistance with respect to such enforcement; and (3) study the possibility of existing Federal and corporate flood insurance programs as models for new programs. Establishes the Technical Mapping Advisory Council to undertake certain activities with respect to the preparation, dissemination, and use of flood insurance rate maps. Authorizes appropriations. Requires the FEMA Director to report to the Congress on whether it would be feasible for the national flood insurance program to be administered by the private insurance industry, as well as on such industry's impact on the availability and affordability of flood insurance. Title VI: Miscellaneous Provisions - Amends the National Flood Insurance Act of 1968 to: (1) increase flood insurance coverage amounts for nonresidential, single family, and multifamily structures; (2) allow additional coverage for compliance with land use and control measures; (3) permit flood insurance private sector participation; and (4) require an assessment (and revision if necessary) of flood insurance maps (with identification of erosion hazard areas) at least every five years. Amends the National Flood Insurance Act of 1968 to: (1) allow for the repair and restoration of certain flood damaged agricultural structures; (2) require the National Flood Insurance Fund to be maintained as a separate account in the Treasury; (3) require the FEMA Director to establish a ten-day waiting period for the initial purchase of flood insurance; and (4) require the Director to include in a certain biennial report the effects of provisions of this Act on the national flood insurance program. Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to prohibit the waiver of flood insurance purchase requirements for recipients of Federal disaster assistance.

Bill· HRH.R. 4057 (103rd)referred

Deficit Reduction Lock Box Act of 1994

United States · United States Congress · 16 March 1994

Deficit Reduction Lock Box Act of 1994 - Establishes the Deficit Reduction Trust Fund consisting of amounts contained in deficit reduction lock box provisions of appropriations Acts. Reduces discretionary spending limits by amounts transferred to the Fund. Amends the Congressional Budget Act of 1974 to require that amounts resulting from reduced spending under general appropriations bills be placed in the Fund. Requires the Congressional Budget Office to score all general appropriations measures as passed by the House and Senate and to publish such scorecard in the Congressional Record.

Bill· HRH.R. 3955 (103rd)open

Health Reform Consensus Act of 1994

United States · United States Congress · 3 March 1994

TABLE OF CONTENTS: Title I: Insurance Reform Subtitle A: Increased Availability and Continuity of Health Coverage for Employees and Their Families Subtitle B: Reform of Health Insurance Marketplace for Small Business Subtitle C: Preemption Subtitle D: Health Deduction Fairness Title II: Preventing Fraud and Abuse Subtitle A: Establishment of All-Payer Health Care Fraud and Abuse Control Program Subtitle B: Revisions to Current Sanctions for Fraud and Abuse Subtitle C: Administrative and Miscellaneous Provisions Subtitle D: Amendments to Criminal Law Title III: Malpractice Reform Subtitle A: Findings; Purpose; Definitions Subtitle B: Uniform Standards for Malpractice Claims Subtitle C: Requirements for State Alternative Dispute Resolution Systems (ADE) Title IV: Paperwork Reduction and Administrative Simplification Title V: Expanding Access/Preventive Care Subtitle A: Expanding Access Through Community Health Authorities Subtitle B: Expansion of Public Health Programs on Preventive Health Title VI: Antitrust Provisions Title VII: Prefunding Government Health Benefits for Certain Annuitants Health Reform Consensus Act of 1994 - Title I: Insurance Reform - Subtitle A: Increased Availability and Continuity of Health Coverage for Employees and Their Families - Requires each employer to make available to each eligible employee a group health plan under which: (1) coverage of each eligible individual with respect to such employee may be elected on an annual basis; (2) coverage is provided for at least the required coverage specified; and (3) employees may elect to have premiums collected through payroll deduction. Does not require employer contributions to the cost of coverage under such a plan. Provides for the exclusion of: (1) employers who have been employers for less than two years or who have no more than two eligible employees or no more than two eligible employees not covered under any group health plan; and (2) family members under specified circumstances. Specifies that a group health plan shall not be treated as failing to meet the requirements of this Act solely because a period of service by an eligible employee of not more than 60 days is required for coverage. Specifies that the required coverage is standard coverage, except that in the case of a small employer that has not contributed during the previous plan year to the cost of coverage for any eligible employee under any group health plan, the required coverage for the plan year is coverage under a standard plan and a catastrophic plan. Provides for a five-year transition for existing group health plans. (Sec. 1002) Sets forth provisions regarding: (1) compliance with applicable requirements through multiple employer health arrangements; and (2) coverage options under a State medical health allowance program. (Sec. 1011) Prohibits a group health plan from imposing (and an insurer from requiring an employer from imposing through a waiting period for coverage under a plan or similar requirement) a limitation or exclusion of benefits relating to treatment of a preexisting condition if: (1) the condition relates to a condition that was not diagnosed or treated within three months before the date of coverage under the plan; or (2) the limitation or exclusion extends over more than six month after the date of coverage, applies to an individual who, as of the date of birth, was covered under the plan, or relates to pregnancy. Specifies that, in the case of an individual who is eligible for coverage under a plan but for a waiting period imposed by the employer, the individual shall be treated as having been covered under the plan as of the earliest date of the beginning of the waiting period. (Sec. 1012) Requires each group health plan to waive any period applicable to a preexisting condition for similar benefits with respect to an individual to the extent that the individual, prior to enrollment in such plan, was covered for the condition under any other health plan. (Sec. 1013) Prohibits: (1) a multiemployer plan and an exempted multiple employer health plan from canceling or denying renewal of coverage under such a plan for an employer other than for nonpayment of contributions, fraud or other misrepresentation, noncompliance with plan provisions, failure to maintain minimum participation rates (in the case of a small employer) misuse of a provider network provision, or because the plan is ceasing to provide any coverage in a geographic area; (2) an insurer from canceling a health insurance plan or denying renewal of coverage other than as prescribed above; and (3) an insurer who terminates the offering of health insurance plans in an area from offering such a plan to any employer in the area until five years after the date of the termination. (Sec. 1021) Makes provisions of the Employee Retirement Income Security Act of 1974 applicable with respect to enforcement of this Act (by the Department of Labor). Imposes a civil penalty ($100 per day for each individual involved, subject to specified limitations) on the failure of an insurer to comply with the requirements of sections 1011 through 1013, unless the Secretary of Health and Human Services (Secretary) determines that the State has in effect a regulatory enforcement mechanism that provides adequate sanctions. Subtitle B: Reform of Health Insurance Marketplace for Small Business - Requires each insurer that makes available a health insurance plan to a small employer in a State to make available to each small employer in the State a standard plan and a catastrophic plan, with exceptions for health maintenance organizations (HMOs) and if a State provides for guaranteed availability (rather than guaranteed issue). Requires each insurer that offers a standard or catastrophic plan to a small employer in a State to accept: (1) every small employer in the State that applies for coverage; and (2) every eligible individual who applies for enrollment on a timely basis. Sets forth provision regarding: (1) special rules for HMOs; (2) timely enrollment requirements; and (3) enrollment of spouses and dependents. Makes such requirements inapplicable in a State that has provided (in accordance with specified standards) a mechanism under which each insurer offering a health insurance plan to a small employer in the State must participate in a program for assigning high-risk small employer groups (or individuals within such a group) among some or all such insurers, if the insurers comply. (Sec. 1102) Defines "health plan" as a health insurance plan that: (1) is designed to provide standard coverage with substantial cost-sharing or only catastrophic coverage; (2) meets applicable requirements relating to guaranteed issue; (3) meets specified consumer protection standards; and (4) meets any participation requirements with respect to an applicable reinsurance or allocation of risk mechanism. States that standard coverage includes: (1) inpatient and outpatient hospital care; (2) inpatient and outpatient physicians' services; (3) diagnostic tests; (4) specified preventive services; and (5) specified inpatient hospital care for mental disorders. Sets forth coverage scope, including that there be no limits on the amount, scope, or duration of items number one, two, and three in the preceding sentence. Sets forth exceptions. Sets forth limitations on deductibles, copayments and coinsurance, and out-of-pocket expenses. Defines a catastrophic benefits package. Provides for the determination of target actuarial values for standard and catastrophic coverage. (Sec. 1103) Directs the Secretary to request NAIC to develop model regulations that specify standards with respect to requirements: (1) that insurers make available health plans; (2) of guaranteed availability of health plans to small employers; (3) relating to limits on premiums and certain consumer protections; (4) relating to limitation of annual premium increases; and (5) for standard and catastrophic coverage. Requires the Secretary to review such standards and, if NAIC fails to specify standards meeting such requirements, to promulgate standards. Sets forth provisions regarding: (1) the application of health plan standards and consumer protection standards by the States; (2) the Federal role; and (3) consumer protection standards. (Sec. 1104) Sets forth provisions: (1) regarding limits on premiums and annual premium increases; and (2) requiring an insurer, at the time of offering a health insurance plan to a small employer, to fully disclose rating practices for health insurance plans, including rating practices for different populations and benefit designs. (Sec. 1106) Directs the Secretary to: (1) request NAIC to develop models for reinsurance or allocation of risk mechanisms for health insurance plans made available to small employers for whom an insurer is at risk of incurring high costs under the plan; and (2) review such models or specify models. Sets forth provisions regarding implementation of reinsurance or allocation of risk mechanisms by the States and the Federal role. (Sec. 1108) Directs the Secretary to establish an Office of Private Health Care Coverage. Requires the Office Director to submit to the Congress annual reports evaluating health care coverage reform. (Sec. 1109) Authorizes the Director to conduct: (1) research on the impact of this subtitle on the availability of affordable health coverage for employees and dependents in the small employers group health care coverage market and other specified topics; and (2) demonstration projects relating to such topics. Requires the Director to develop: (1) methods for measuring the relative health risks of eligible individuals in terms of the expected costs of providing benefits under health insurance plans and, in particular, health plans; (2) a model for equitably distributing health risks among insurers in the small employer health care coverage market. Authorizes appropriations. Subtitle C: Preemption - Prohibits: (1) State benefit mandates for group health plans; and (2) State or local law prohibitions against two or more employers obtaining coverage under an insured multiple employer health plan. (Sec. 1203) Preempts State restrictions concerning: (1) reimbursement rates or selective contracting; (2) differential financial incentives; and (3) utilization review methods. Directs the Comptroller General to conduct a study of the benefits and cost effectiveness of the use of managed care in the delivery of health services. (Sec. 1211) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to allow a limited exemption under preemption rules for multiple employer plans providing health benefits subject to certain Federal standards. Relieves exempted multiple employer plans providing medical care benefits of certain restrictions on preemption of State law. Treats such plans as employee welfare benefit plans. Allows commencement of new arrangements only if such exemption is in effect or an application is pending and the Secretary of Labor determines that provisional protection is appropriate. Sets forth exemption procedures, eligibility requirements, and additional requirements applicable to exempted arrangements. Requires certain disclosures to participating employers, maintenance of reserves, and corrective actions. Provides for expiration, suspension, and revocation of exemptions, and for review of actions by the Secretary. (Sec. 1213) Revises provisions relating to scope of preemption rules, and to treatment of single employer arrangements and of certain collectively bargained arrangements. (Sec. 1215) Establishes special rules for employee leasing healthcare arrangements. Treats such arrangements as multiple employer welfare arrangements except when they are multiple employer health plans. (Sec. 1216) Sets forth enforcement provisions relating to multiple employer welfare arrangements and employee leasing health care arrangements. (Sec. 1217) Sets forth filing requirements for multiple employer welfare arrangements. (Sec. 1218) Provides for cooperation between Federal and State authorities in enforcing ERISA requirements for multiple employer welfare arrangements with the limited exemption. (Sec. 1221) Amends the Internal Revenue Code to eliminate the commonality of interest or geographic location requirement for tax exempt trust status for multiple employer health plans and insured multiple employer health plans if they meet certain requirements under ERISA and this Act. (Sec. 1231) Amends ERISA to direct the Secretary of Labor to prescribe an alternative method providing for a single annual report with respect to all employers who are covered under the same insured multiple employer health plan. (Sec. 1241) Provides for compliance with applicable coverage requirements through multiemployer plans and other multiple employer health arrangements. Subtitle D: Health Deduction Fairness - Amends the Internal Revenue Code to provide for a permanent extension and increase in the health insurance tax deduction for self-employed individuals. Title II: Preventing Fraud and Abuse - Subtitle A: Establishment of All-Payer Health Care Fraud and Abuse Control Program - Directs the Attorney General to establish a program to: (1) coordinate Federal, State, and local law enforcement programs to control health care fraud and abuse; (2) conduct investigations, audits, and inspections relating to the delivery of payment for health care; and (3) facilitate enforcement of provisions of the Social Security and other Acts applicable to health care fraud and abuse. Authorizes additional appropriations as necessary. (Sec. 2003) Establishes the Anti-Fraud and Abuse Trust Fund. Subtitle B: Revisions to Current Sanctions for Fraud and Abuse - Excludes from participation in Medicare and State health care programs any individual or entity convicted of: (1) fraud in connection the delivery of a health care item or service; or (2) a felony related to a controlled substance. (Sec. 2103) Subjects to a civil monetary penalty any individual or entity offering inducements to individuals to receive any service or supply from a particular provider. (Sec. 2104) Permits the imposition of intermediate sanctions in addition to the current option of termination, for Medicare health maintenance organizations. Subtitle C: Administrative and Miscellaneous Provisions - Directs the Secretary to establish a national health care fraud and abuse data collection program for the reporting of final adverse actions against health care providers, suppliers, or practitioners. Requires each government agency and health care plan to report to the Secretary any final adverse action taken against a health care provider, supplier, or practitioner. Subtitle D: Amendments to Criminal Law - Establishes a penalty of up to five years' imprisonment for knowingly: (1) defrauding any health care plan; or (2) fraudulently obtaining money or property in connection with the delivery of health care items, benefits, or services. Permits a payment of up to $10,000 to any person furnishing information relating to any such crime. Title III: Malpractice Reform - Subtitle A: Findings; Purpose; Definitions - Sets forth, for this title, findings, purposes, and definitions. Subtitle B: Uniform Standards for Malpractice Claims - Makes this subtitle applicable to any medical malpractice liability action brought in a Federal or State court and to any medical malpractice claim subject to an alternative dispute resolution system. (Sec. 3102) Prohibits bringing a medical malpractice liability action in either a State or Federal court unless there has been an initial resolution of the action under an alternative dispute resolution system. Directs the Attorney General to establish an alternative dispute resolution process for medical malpractice liability claims brought against the United States. (Sec. 3104) Sets limits on both noneconomic damages and punitive damages. (Sec. 3105) Provides for the periodic payment of future losses. (Sec. 3106) Limits attorney's fees. (Sec. 3108) Sets forth special provisions for certain obstetric services. Subtitle C: Requirements for State Alternative Dispute Resolution System (ADR) -Requires a State's alternative dispute resolution system, among other things to: (1) apply to all medical malpractice liability claims within the jurisdiction of the State's courts; (2) issue a written opinion resolving the dispute within six months of a defendant receiving notice; (3) qualify individuals who hear and resolve claims under the system; and (4) notify the appropriate State agency if there is a finding of malpractice, unless the provider contests the ADR decision. (Sec. 3202) Directs the Secretary to establish an Alternative Dispute Resolution Advisory Board in order to advise the Secretary regarding the establishment of State and Federal ADR systems. Provides for the certification of State ADR systems by the Board. Title IV: Paperwork Reduction and Administrative Simplification - Preempts State quill pen laws. (Sec. 4102) Provides for the confidentiality of electronic health care information. (Sec. 4003) Directs the Secretary to establish national goals for the health care industry concerning: (1) standardization for the electronic receipt and transmission of health plan information; (2) use of uniform health claims forms and identification numbers; (3) priority of insurers when benefits are payable under two or more health plans; and (4) availability of information among health plans when benefits are payable under two more plans. Requires the Secretary to promulgate requirements if the industry does not meet the goals. Provides for monetary penalties on any health plan that does not meet the Secretary's requirements. Title V: Expanding Access/Preventive Care - Subtitle A: Expanding Access Through Community Health Authorities - Amends title XIX (Medicaid) of the Social Security Act to direct the Secretary to operate a program under which States establish projects to demonstrate the effectiveness of various innovative health care delivery approaches through the operation of community health authorities. Requires a community health authority to be a nonprofit entity that: (1) serves a geographic area that includes those designated by the Public Health Service Act as medically underserved or as being in a health professions shortage area; (2) enrolls the Medicaid eligible; and (3) provides for the provision of at least preventive services, primary care services, inpatient and outpatient hospital services, and other services. (Sec. 5002) Authorizes the Secretary to make grants to migrant and community health centers for the development of health service networks to serve high impact areas, medically underserved areas, or medically underserved populations. Authorizes appropriations through FY 1999. Subtitle B: Expansion of Public Health Programs on Preventive Health - Authorizes appropriations, under the Public Health Service Act, for the following: (1) immunizations against vaccine-preventable diseases; (2) prevention, control, and elimination of tuberculosis; (3) lead poisoning prevention; (4) preventive health measures with respect to breast and cervical cancers; (5) the Office of Minority Health Disease Prevention and Health Promotion; and (6) the Office of Minority Health; and (7) the preventive health and health services block grant. Title VI: Antitrust Provisions - Directs the Attorney General to: (1) provide for the development and publication of explicit guidelines on the application of antitrust laws to the activities of health plans; and (2) establish a review process under which the administrator or sponsor of a health plan may submit a request to the Attorney General to obtain a prompt opinion from the Department of Justice on the plan's conformity with Federal antitrust laws. (Sec. 6002) Authorizes the issuance of a certificate of public advantage by the Attorney General to each eligible health care collaborative activity if there is a finding that the benefits that are likely to result from carrying out the activity outweigh any reduction in competition that is likely to result and such reduction is reasonably necessary. Title VII: Prefunding Government Health Benefits for Certain Annuitants - Requires certain executive branch agencies to prefund government health benefits contributors for their annuitants.