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Official portrait of Rep. McDade, Joseph M. [R-PA-10]

Rep. McDade, Joseph M. [R-PA-10]

United States · Official source

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2,905 records where Rep. McDade, Joseph M. [R-PA-10] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· HRH.R. 4702 (103rd)referred

First-Time Homebuyers Assistance Act

United States · United States Congress · 30 June 1994

First-Time Homebuyers Assistance Act - Amends the Internal Revenue Code to set forth the conditions under which builders will be allowed to compute on the installment sales method income from the sale of newly constructed one-family residential real property.

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. 4440 (103rd)referred

District of Columbia Performance Accountability Act

United States · United States Congress · 17 May 1994

District of Columbia Performance Accountability Act - Requires the District of Columbia to develop and submit to specified congressional committees and subcommittees a Performance Accountability Plan and a Performance Accountability Report covering all departments, agencies, and programs of the District government. Sets forth provisions regarding: (1) the content of the Plan; (2) performance measures; (3) goals; and (4) the content of the Report. Requires a District management employee who is designated in such Report as being directly responsible for the achievement of one or more performance measurement goals: (1) the majority of whose goals in such Report does not achieve a designation of at least an acceptable level of performance to be either removed from employment by the District or demoted to a nonmanagerial position; (2) all of whose goals in such Report do not achieve a designation of at least an acceptable level of performance to not receive any increase in pay for the subsequent year, including but not limited to merit increases, cost-of-living adjustments, and promotions; and (3) the majority of whose goals in such Report do not achieve a designation of at least a superior level of performance to not receive a promotion or performance bonus during the subsequent year. Allows additional limitations and regulations to be applied to such promotions, performance bonuses, and increases in pay. Requires the District, subject to the approval of the Office of Management and Budget, to amend its management and personnel laws and regulations to be in conformance with this Act. Directs the General Accounting Office to audit the Performance Accountability Reports of the District, including the District's compliance with the personal accountability provisions in this Act.

Resolution· HCONRESH.Con.Res. 249 (103rd)referred

Condemning the death sentence issued against British author Salman Rushdie by the Ayatollah Ruhollah Khomeini in Iran and calling for its immediate repudiation.

United States · United States Congress · 12 May 1994

Condemns the death sentence issued against Salman Rushdie. Calls for the immediate withdrawal of such sentence and any associated reward. Calls upon the President to: (1) request that the United Nations Security Council condemn Iran for issuing the edict against Rushdie; (2) call upon the Government of Iran to respect international principles of human rights and lift such sentence; and (3) inform such Government that the House of Representatives has adopted this resolution, that the Iranian Government will be held liable in case an attempt is made on Rushdie's life, and that such Government should attempt to prevent the spread of propaganda promoting Rushdie's assassination. Commends those people of all nations who have firmly stood for freedom of expression despite threats and intimidation. Reaffirms: (1) the commitment of the Congress to the promotion and protection of the right of freedom of expression; and (2) congressional support for basic human rights in the world community.

Bill· HRH.R. 4271 (103rd)referred

Worker Rights and Labor Standards Trade Act of 1994

United States · United States Congress · 20 April 1994

Worker Rights and Labor Standards Trade Act of 1994 - Directs the President to seek the establishment of: (1) a working party within the General Agreement on Tariffs and Trade (GATT) to examine the relationship of fundamental internationally-recognized worker rights to specified articles of the GATT; and (2) a standing committee within the World Trade Organization to perform the functions of the working group.

Bill· HRH.R. 4206 (103rd)open

GATT Fair Trade Enforcement Act of 1994

United States · United States Congress · 13 April 1994

TABLE OF CONTENTS: Title I: Countervailing and Antidumping Duty Amendments Title II: Intellectual Property Amendments Title III: Market Opening Measures GATT Fair Trade Enforcement Act of 1994 - Title I: Countervailing and Antidumping Duty Amendments - Amends the Tariff Act of 1930 to require every importer of record making an entry of merchandise to declare: (1) whether such merchandise is subject to any antidumping or countervailing duty order; and (2) whether the importer disclosed to the manufacturer of such merchandise in the country of exportation that its destination is the United States. (Sec. 101) Requires such importer with respect to merchandise subject to an antidumping duty order to disclose to the manufacturer that such merchandise has been purchased for exportation to the United States, unless at the time of purchase, the importer did not: (1) intend to export the merchandise to the United States; (2) import it for a period of at least six months from the date of purchase; and (3) regularly engage in a pattern of importation of such merchandise. Subjects importers who fail to make such disclosures to Federal prosecution. (Sec. 102) Sets forth an alternative method for determining the exporter's sales price. (Sec. 103) Directs the International Trade Commission (ITC), with respect to the award of compensation, to forward to the Commissioner of the United States Customs Service within 60 days of the issuance of an antidumping or countervailing duty order a list of petitioners and companies that support the petition with respect to the dollar value of their shipments during the last year covered by the original ITC investigation. Requires the Secretary of the Treasury (Secretary) to establish a special compensation account composed of all antidumping or countervailing duties, including interest, that are collected under a antidumping or countervailing duty order. (Sec. 104) Declares that diversionary input dumping occurs when: (1) a manufacturer incorporates into merchandise under investigation a component which is the subject of an antidumping duty order, a finding issued under the Antidumping Act, 1921, or an international agreement or agreement to eliminate the injurious effect of imports that is entered into after an affirmative preliminary determination with respect to antidumping; and (2) such manufacturer under investigation purchased such component at a price which is less than the foreign market value. Requires the administering authority to commence an antidumping investigation whenever it has reasonable grounds to believe that: (1) diversionary input dumping is occurring; (2) it has a significant effect on the cost of producing the merchandise under investigation; and (3) subsequent to the imposition of an antidumping duty order or entry into force of an agreement relating to the components in question, U.S.-bound shipments of the merchandise under investigation have increased. Provides for extension of the period of time for preliminary determinations of diversionary input dumping by the administering authority. (Sec. 105) Requires the administering authority to decide that a competitive benefit has been bestowed when the price for the input product is lower than the price that the manufacturer of merchandise which is the subject of a countervailing duty proceeding would otherwise pay for the product in obtaining it from an unsubsidized seller (currently any seller) in an arms-length transaction. Sets forth specified factors to be considered in the determination of such price. (Sec. 106) Revises the method by which the administering authority determines the foreign market value of dumped merchandise with respect to their sale at less than the cost of production in their home market. (Sec. 107) Requires the administering authority, when determining whether imported parts or components are circumventing an antidumping or countervailing duty order or finding, and whether to include such parts or components in such order or finding, to consider, among other things, the value and sources of supply parts or components historically used in completion or assembly of the merchandise subject to such order. Authorizes the administering authority to include within the scope of such order or finding imported parts or components used in the completion or assembly of certain merchandise sold in the United States and subject to such order or finding, provided: (1) such merchandise is completed or assembled in the United States or a foreign country from parts or components supplied by the exporter or producer with respect to which such order or finding applies, from suppliers that have historically supplied the parts or components to that exporter or producer, or from any party in the exporting country supplying parts or components on behalf of such exporter or producer; (2) the difference between the value of such imported parts and components and the total value of all parts or components used in the assembly or completion operation, excluding packing, is significant; and (3) consideration of specified factors established a pattern of circumvention of such order or finding. (Sec. 108) Declares that if an antidumping duty petition alleges its petitioning members of the domestic industry account for 25 percent or more of the total production of the like product produced by it, the administering authority shall not be required to further investigate the standing of such petitioners unless a written objection to initiation is filed by a member of the domestic industry. (Sec. 109) Revises, for purposes of determining the foreign market value of imported merchandise, the method for calculating its constructed value. (Sec. 110) Revises provisions regarding the: (1) administrative review, and period of time for review, of quantitative import restriction agreements and antidumping duty or countervailing duty orders or findings; (2) revocation of such orders or findings; and (3) termination of suspended antidumping duty or countervailing duty investigations. (Sec. 111) Revises provisions regarding: (1) foreign market value determinations with respect to imported merchandise to include the effects of fluctuations in currency exchange rates; (2) sampling and averaging in determining the U.S. price or foreign market value of imported merchandise; (3) market viability as it relates to foreign market value determinations; (4) negligible imports as they affect material injury determinations; (5) captive production as it relates to defining the domestic industry; and (6) adjustments to the calculation of the exporter's sales price of merchandise. Title II: Intellectual Property Amendments - Amends the Omnibus Trade and Competitiveness Act of 1988 to revise and specify new U.S. objectives with respect to the international protection of intellectual property rights. (Sec. 202) Prohibits the President from negotiating any new free trade agreement with a foreign country, unless such country: (1) has substantially implemented the Uruguay Round Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS); and (2) expresses willingness to negotiate an agreement with the United States to provide intellectual property protection equivalent to that set forth in the Model Intellectual Property Agreement. Requires the President to amend existing free trade agreements to provide greater protection of such rights. Prohibits fast track procedures from applying to any implementing legislation of a free trade agreement if the above-mentioned requirements are not met. (Sec. 203) Amends the Trade Act of 1974 to require the United States Trade Representative (USTR), among other things, to identify those foreign countries that deny non-discriminatory market access opportunities for U.S. persons, including access related to any exploitation or enjoyment of commercial benefits from exercising rights in protected works, fixations, or products embodying protected works. Sets forth additional factors the USTR must take into account in identifying a priority foreign country. Revises provisions regarding a foreign country's denial of: (1) adequate protection of intellectual property rights; and (2) fair market access. Specifies when a foreign country denies non-discriminatory market access opportunities for U.S. persons in respect of establishing business operations or any use, benefit, or exploitation of protected works, fixations, or products embodying protected rights. (Sec. 204) Amends the Tariff Act of 1930 to make it unlawful for an owner, distributor, or consignee to sell articles, including semiconductor chip products, in the United States that: (1) infringe a valid U.S. patent or copyright; (2) are made or mined by means of a process covered by a valid U.S. patent; (3) infringe a valid U.S. trademark; and (4) infringe a mask work. Requires the Secretary of Commerce to investigate any violations committed under this Act. Sets forth civil penalties. (Sec. 205) Amends the Trade Act of 1974 to prohibit the President, one year after the effective date of the Uruguay Round Agreement establishing the World Trade Organization, from designating any country a beneficiary developing country if it has not implemented the TRIPS. Authorizes the President to designate: (1) a least developed country a beneficiary developing country for four additional years; and (2) a non-least developed country certified to the Congress to be making significant progress toward implementation of TRIPS a beneficiary developing country for one additional year. (Sec. 206) Requires the USTR to: (1) maintain a Model Intellectual Property Agreement that embodies provisions for intellectual property protection that strengthen the standards contained in TRIPS and the North American Free Trade Agreement (NAFTA); and (2) review periodically the Model Intellectual Property Agreement to ensure it reflects new developments in intellectual property protection and new technologies. (Sec. 207) Requires the Secretary of State to instruct all heads of U.S. diplomatic missions abroad to include intellectual property protection as a priority objective of the mission. (Sec. 208) Requires the USTR to develop a procedure to ensure the exchange of information between interested U.S. private sector representatives and the USTR in preparation for international intellectual property-related dispute settlement proceedings to which the United States is a party. (Sec. 209) Authorizes the President to undertake specified actions with respect to developing countries to encourage them to improve their protection of intellectual property. (Sec. 210) Urges the USTR to negotiate with foreign countries the implementation of the border enforcement provisions against the importation of infringing goods enumerated in TRIPS, and if warranted, require those countries that chronically violate intellectual property rights to establish an export control monitoring system. Title III: Market Opening Measures - Amends the Trade Act of 1974 to authorize the President to impose civil penalties on foreign or domestic persons that engage in restrictive business practices, including price-fixing, bid-rigging, joint restraint of output, market allocation, boycotts, tying arrangements, or similar activities, when such practices foreclose U.S. exports or burden or restrict U.S. foreign commerce. Authorizes the President to negotiate settlement agreements with parties or governments which result in the elimination of: (1) the practice under investigation; or (2) the restriction on U.S. exports or the burden or restriction on U.S. commerce. Provides for the imposition of civil penalties. (Sec. 302) Authorizes the President to take trade action with respect to any area pertinent to relations with a foreign country that is that target of such action, including but not limited to, trade in any goods or services. Declares unreasonable any act, policy, or practice which denies fair and equitable provision of adequate and effective protection of intellectual property rights, notwithstanding that the foreign country may have implemented TRIPS or any other bilateral, regional, or multilateral agreement with respect to intellectual property protection. Requires the USTR to initiate an investigation whenever a petition alleges that: (1) a foreign country fails to provide adequate and effective protection of intellectual property rights; and (2) acts, policies, or practices of the country either deny benefits to the United States under a trade agreement, or burden or restrict U.S. commerce. (Sec. 303) Expresses the sense of the Congress that every effort be taken to conclude the Multilateral Steel Agreement (MSA) before implementation of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT). Declares that a principal U.S. negotiating objective in the MSA shall be to obtain rules ensuring the elimination of all injurious subsidies. Requires, prior to implementation of GATT, that U.S. negotiators consider the potential impact the elimination of tariffs on specialty steel products would have on the specialty steel industry absent a successful conclusion of the MSA.

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. 4136 (103rd)referred

Social Security Disability and Rehabilitation Act of 1994

United States · United States Congress · 24 March 1994

Social Security Disability and Rehabilitation Act of 1994 - Amends titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) (SSI) of the Social Security Act (SSA) to require individuals on drugs or alcohol to: (1) undergo, or be scheduled for, appropriate treatment for substance abuse if it is reasonably available; (2) comply with the terms of such treatment; and (3) have a qualified governmental representative payee in order to receive disability benefits under the social security disability insurance (SSDI) and SSI programs. Sets up a monitoring and testing program under each such title for ensuring such compliance, with benefits terminated or suspended in cases of noncompliance, and with all disability benefits related to substance abuse terminated after three years. Requires the proceeds derived from criminal activities to support substance abuse to be considered substantial gainful activity. Revises penalty provisions, with changes providing for the exclusion of SSDI and SSI program defrauders from such programs and other Federal health and social services programs. Authorizes appropriations. Directs the Secretary of Health and Human Services to: (1) assure that every individual on drugs or alcohol who is receiving SSDI or SSI disability benefits be given high priority for treatment through entities supported by State substance abuse block grants; and (2) provide for the establishment of referral and monitoring agencies for each State for carrying out treatment requirements under this Act.

Bill· HRH.R. 4073 (103rd)referred

Interstate Municipal Solid Waste Control Act

United States · United States Congress · 17 March 1994

Interstate Municipal Solid Waste Control Act - Amends the Solid Waste Disposal Act to authorize State Governors to limit the quantity of out-of-State municipal solid waste (MSW) received for disposal at landfills or incinerators to an annual quantity equal to that received during 1990, 1991, or 1992, whichever is less. Limits the quantity of out-of-State MSW received to an annual quantity no greater than 30 percent of all MSW received in 1990, 1991, or 1992, whichever is less, if, during such year, the landfill or incinerator received documented shipments of more than 50,000 tons of out-of-State MSW representing more than 30 percent of all MSW received during the calendar year concerned. Provides for further limits in 1995 through 1997. Authorizes State Governors to prohibit the disposal of out-of-State MSW in: (1) new landfills or incinerators; or (2) landfills or incinerators that do not meet certain requirements of Federal and State laws. Permits State Governors to treat any out-of-State industrial solid waste as out-of-State MSW if it is disposed of at a landfill or incinerator that receives MSW. Authorizes counties to exercise the same authorities with respect to out-of-State MSW as State Governors, except that the 30 percent limitation described in this Act shall be 20 percent. Prohibits discrimination against shipments of out-of-State solid waste on the basis of State of origin. Authorizes a State Governor to limit or prohibit the exportation outside the State of MSW generated in the State, except for materials that have been separated from MSW for recycling. Exempts from the requirements of this Act: (1) material that has been separated or diverted from MSW and has been transported into the State for purposes of recycling and any material returned from a dispenser or distributor to the manufacturer for credit, evaluation, or reuse (this section does not apply to material disposed of in a landfill or incinerator); (2) solid waste generated by an industrial facility and transported for purposes of treatment, storage, or disposal to a facility owned or operated by the waste generator; and (3) solid waste generated incident to the provision of air transportation.

Bill· HRH.R. 4036 (103rd)referred

Hate Group Public Funding Exclusion Act

United States · United States Congress · 15 March 1994

Hate Group Public Funding Exclusion Act - Authorizes the Secretary of Housing and Urban Development (HUD) to make an organization controlled by an individual or individuals who promotes bias ineligible for HUD assistance.

Bill· HRH.R. 3951 (103rd)referred

Tax Fairness for Agriculture Act of 1994

United States · United States Congress · 3 March 1994

Tax Fairness for Agriculture Act of 1994 - Amends the Internal Revenue Code to prohibit agricultural or horticultural organizations from treating member dues (limited to a specified amount) as unrelated business taxable income.

Resolution· HCONRESH.Con.Res. 215 (103rd)open

Honoring James Norman Hall and recognizing his outstanding contributions to the United States and the South Pacific.

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.

Bill· HRH.R. 3929 (103rd)open

To amend titles II and XVI of the Social Security Act to provide that, for purposes of determining whether an individual is under a disability, engagement in an illegal drug-related enterprise demonstrates ability to engage in substantial gainful activity.

United States · United States Congress · 1 March 1994

Amends titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act to provide that, for purposes of determining whether an individual is under a disability, engagement in an illegal drug-related enterprise demonstrates ability to engage in substantial gainful activity.

Bill· HRH.R. 3906 (103rd)referred

To amend title XIX of the Social Security Act to permit Federal payment under the medicaid program for physicians' services furnished to children or pregnant women under State medicaid plans by physicians certified by the medical specialty board recognized by the American Osteopathic Association.

United States · United States Congress · 24 February 1994

Amends title XIX (Medicaid) of the Social Security Act to make technical corrections to provisions added by the Omnibus Budget Reconciliation Act of 1990 in order to allow children and pregnant women to receive Medicaid services from osteopathic physicians.

Bill· HRH.R. 3875 (103rd)open

Private Property Owners Bill of Rights

United States · United States Congress · 23 February 1994

Private Property Owners Bill of Rights - Requires Federal agency heads to: (1) comply with applicable State and tribal government laws in implementing and enforcing the Endangered Species Act of 1973 (ESA) and the permitting program for dredged or filled material under the Federal Water Pollution Control Act (FWPCA); (2) administer and implement the Acts in a manner that least affects the private property owners' constitutional and other legal rights; (3) develop and implement rules and regulations for ensuring that such rights are protected when making any final decision that restricts the use of private property; (4) obtain the consent of the property owner and provide appropriate notice before entering privately-owned property in order to collect information on it; and (5) give the property owner an opportunity to review and dispute the data collected before using it to implement or enforce any of the Acts. Amends ESA and FWPCA to provide for administrative appeals of certain actions, including those related to the denial of permits and the imposition of administrative penalties. Entitles a private property owner deprived of 50 percent or more of the fair market value or the economically viable use of a portion of property as a consequence of a final qualified agency action to receive compensation upon request in accordance with specified guidelines. Amends ESA to require the Secretary of the Interior to notify all private property owners or lessees of property subject to a management agreement and provide an appropriate opportunity for their participation in such an agreement when the Secretary enters into it with any non-Federal person establishing restrictions on property use.

Bill· HRH.R. 3879 (103rd)referred

1995 Special Olympics World Games Commemorative Coin Act

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.

Bill· HRH.R. 3862 (103rd)referred

Immigration Moratorium Act of 1994

United States · United States Congress · 10 February 1994

Immigration Moratorium Act of 1994 - Title I: Immigration Moratorium - Amends the Immigration and Nationality Act to restrict U.S. immigration levels to specified numbers of family-sponsored immigrants, employment-based immigrants, and refugees. Title II: Prohibition of Federal Benefits for Certain Aliens - Prohibits direct Federal financial assistance and unemployment benefits to aliens who are not lawful permanent residents. Title III: Asylum Reform - Amends the Act to revise and expedite asylum procedures. Title IV: Citizenship - Restricts the basis for automatic U.S. citizenship for certain persons born in the United States to a mother who is neither a U.S. citizen nor a lawful permanent resident. Title V: Border Security - Increases the number of Border Patrol personnel.

Bill· HRH.R. 3790 (103rd)open

Rural Consumer Protection Act of 1994

United States · United States Congress · 3 February 1994

Rural Consumer Protection Act of 1994 - Amends the Rural Electrification Act of 1936 to extend specified association service curtailment protections to electric loan borrowers. Stipulates that such protections may be limited if: (1) waived by the borrower; or (2) in the public interest.

Resolution· HRESH.Res. 343 (103rd)open

To express the sense of the House of Representatives condemning the racist, anti-Catholic, and anti-Semitic speech given by a senior representative of the Nation of Islam and all manifestations and expressions of hatred based on race, religion and ethnicity.

United States · United States Congress · 3 February 1994

Condemns: (1) the speech given by Khalid Abdul Muhammad as outrageous hate mongering of the most vicious and vile kind; and (2) all manifestations and expressions of racism, anti-Catholicism, anti-Semitism, and ethnic or religious intolerance.

Resolution· HCONRESH.Con.Res. 199 (103rd)referred

Expressing the sense of the Congress that a postage stamp should be issued to honor the 100th anniversary of the Jewish War Veterans of the United States of America.

United States · United States Congress · 25 January 1994

Expresses the sense of the Congress that a postage stamp should be issued to honor the 100th anniversary of the Jewish War Veterans of the United States and that the Citizens' Stamp Advisory Committee of the U.S. Postal Service should make such recommendation to the Postmaster General.

Bill· HRH.R. 3704 (103rd)open

Health Equity and Access Reform Today Act of 1993

United States · United States Congress · 22 November 1993

TABLE OF CONTENTS: Title I: Basic Reforms to Expand Access to Health Insurance Coverage and to Ensure Universal Coverage Subtitle A: Universal Access Subtitle B: Qualified General Access Plans in the Small Employer and Individual Marketplace Subtitle C: Qualified Health Plans in the Large Employer Marketplace Subtitle D: Benefits; Benefits Commission Subtitle E: State and Federal Responsibilities in Relation to Qualified Health Plans Subtitle F: Universal Coverage Subtitle G: Definitions Title II: Tax and Enforcement Provisions Subtitle A: General Tax Provisions Subtitle B: Provisions Relating to Acceleration of Death Benefits Subtitle C: Long-Term Care Tax Provisions Subtitle D: Enforcement Provisions Title III: Quality Assurance and Simplification Subtitle A: Quality Assurance Subtitle B: Administrative Simplification Title IV: Judicial Reforms Subtitle A: Medical Liability Reform Subtitle B: Anti-Fraud and Abuse Control Program Subtitle C: Treatment of Certain Activities Under the Antitrust Laws Title V: Special Assistance for Frontier, Rural, and Urban Underserved Areas Subtitle A: Frontier, Rural, and Urban Underserved Areas Subtitle B: Primary Care Provider Education Subtitle C: Programs Relating to Primary and Preventive Care Services Title VI: Treatment of Existing Federal Programs Subtitle A: Medicaid Program Subtitle B: Medicare Title VII: Patient's Right to Self-Determination Regarding Health Care Health Equity and Access Reform Today Act of 1993 - Title I: Basic Reforms to Expand Access to Health Insurance Coverage and to Ensure Universal Coverage - Subtitle A: Universal Access - Provides access to health insurance coverage under a qualified health plan for every citizen and lawful permanent resident of the United States. (Sec. 1003) Establishes a program under which persons with low incomes (and who are not eligible for Medicaid) will receive vouchers to buy insurance through purchasing groups. (Sec. 1004) Requires each employer to make available, either directly, through a purchasing group, or otherwise, enrollment in a qualified health plan to each eligible employee. Subtitle B: Qualified General Access Plan in the Small Employer and Individual Marketplace - Requires the National Association of Insurance Commissioners to develop specific standards to implement requirements concerning: (1) guaranteed eligibility, availability, and renewability of health insurance coverage; (2) nondiscrimination based on health status; (3) benefits offered; (4) insurer financial solvency; (5) enrollment process; (6) premium rating limitations; (7) risk adjustment; and (8) consumer protection. (Sec. 1119) Requires each qualified general access plan to: (1) establish and maintain a quality assurance program and a mediation procedures program; and (2) contain assurances of service to designated underserved areas. (Sec. 1141) Provides for individuals and small employers to form purchasing groups. (Sec. 1161) Requires brokers or insurers to provide specified information to prospective enrollees. (Sec. 1162) Prohibits insurers from creating improper financial incentives and from selling duplicate coverage. Subtitle C: Qualified Health Plans in the Large Employer Marketplace - Requires the Secretary of Health and Human Services, in consultation with the Secretary of Labor, to establish standards for large employer plans similar to requirements applicable to small employer plans. (Sec. 1203) Requires large employers to offer to employees at least a standard package and a catastrophic package. (Sec. 1205) Allows two or more large employers to form purchasing groups, but not through an individual or small employer purchasing group. (Sec. 1206) Requires a semi-annual review of each large employer plan to determine whether requirements are being met and what corrective actions need to be taken. (Sec. 1221) Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to revise provisions to conform to this Act. Subtitle D: Benefits; Benefits Commission - Requires each qualified health plan to provide a standard package and a catastrophic package. Specifies items and services to be covered. (Sec. 1311) Establishes the Benefits Commission to develop and propose legislation that provides a clarification of covered items and services and includes specifications for cost sharing. (Sec. 1314) Provides for congressional consideration and implementation of such legislation. Subtitle E: State and Federal Responsibilities in Relation to Qualified Health Plans - Requires each State to establish a program to: (1) certify insured health plans; (2) disseminate information on health care coverage areas; (3) establish procedures for purchasing groups; (4) prepare information concerning plans and purchasing groups; (5) provide for a risk adjustment program, including an adjustment for differences in nonpayments among qualified insured health plans; (6) develop a binding arbitration process; and (7) specify an annual general enrollment period. (Sec. 1421) Allows the waiver of specified requirements. (Sec. 1431) Provides preemptions from certain State laws. (Sec. 1441) Specifies the Federal responsibilities with respect to multi-state employer plans and in case of State defaults. Subtitle F: Universal Coverage - Requires each citizen or lawful permanent resident to be covered under a qualified health plan or equivalent health care program by January 1, 2005. Provides an exception for any individual who is opposed for religious reasons to health plan coverage, including those who rely on healing using spiritual means through prayer alone. Subtitle G: Definitions - Defines terms used in this Act. Title II: Tax and Enforcement Provisions - Subtitle A: General Tax Provisions - Amends the Internal Revenue Code to exclude from an employee's gross income employer-provided coverage under a qualified health plan or employer-provided contributions to the employee's medical savings account. Includes excess employer contributions in such gross income. (Sec. 2002) Allows a business expense deduction for employer costs of qualified health plans or contributions to an employee's medical savings account. Increases the allowable deduction (from 25 percent to 100 percent) for the qualified health insurance costs of self-employed individuals. Makes such deduction permanent. (Sec. 2003) Allows individuals a tax deduction for contributions made to a medical care savings account established for the benefit of an eligible individual. Allows such deduction whether or not an individual itemizes deductions. Disallows distributions from such accounts as medical expense deductions. Excludes employer contributions to such accounts from employment taxes. Establishes an excise tax for excess contributions to medical care savings accounts. (Sec. 2004) Eliminates the commonality of interest and geographic location requirements with respect to group purchasing by large tax-exempt organizations. (Sec. 2005) Revises and repeals provisions concerning continuation coverage requirements of group health plans upon implementation of this Act. Subtitle B: Provisions Relating to Acceleration of Death Benefits - Requires payment under a life insurance contract on the life of an insured who is terminally ill to be treated as a death benefit, making such payment eligible for tax exclusion from gross income. (Sec. 2102) Provides that any reference to life insurance shall be treated as referring to a qualified terminal illness rider. Subtitle C: Long-Term Care Tax Provisions - Treats qualified long-term care services as medical care for purposes of the medical expense deduction. (Sec. 2202) Provides for the treatment of long-term care insurance as accident and health insurance. (Sec. 2301) Sets forth consumer protection provisions to be satisfied by qualified long-term care insurance contracts, including the model regulation and Act promulgated by National Association of Insurance Commissioners (NAIC). Requires NAIC to promulgate standards for the use of uniform language and definitions in such policies, with certain variations permitted. Subtitle D: Enforcement Provisions - Amends part A (General Provisions) of Social Security Act title XI to establish the Health Insurance Coverage Data Bank to: (1) further the purposes of coverage requirements under this Act; and (2) collect certain information reported by employers about individual employee group health plan coverage for purposes of identifying and collecting from responsible third parties any amounts owed to reimburse Medicare or Medicaid for health care items and services furnished to their beneficiaries. (Replaces the Medicare and Medicaid Coverage Data Bank.) (Sec. 2402) Amends the Internal Revenue Code to impose excise taxes on failures by employers and insurers to comply with provisions of this Act. (Sec. 2411) Amends the Employee Retirement Income Security Act of 1974 to make conforming changes regarding enforcement of employer failures. Title III: Quality Assurance and Simplification - Subtitle A: Quality Assurance - Directs the Secretary of Health and Human Services, in consultation with relevant agencies, to develop and publish standards for quality assurance programs and ensure that appropriate performance measures are established. Requires the standards to contain provider risk programs to prevent or provide early warning of practices that may result in injury. (Sec. 3002) Provides for the standardization of information through a national health data system. (Sec. 3003) Requires the Secretary to establish measures to determine quality of care in specialized centers of care. (Sec. 3004) Authorizes appropriations to examine the feasibility of creating an Agency for Clinical Evaluations by consolidating the responsibilities of specified other offices. (Sec. 3005) Requires the Secretary to report annually to the Congress on factors affecting universal coverage and make recommendations for increasing such coverage. (Sec. 3006) Requires the Secretary to monitor the reinsurance market for qualified health plans and periodically report to Congress on the financial implications. (Sec. 3101) Amends the Public Health Service Act to establish within the Agency for Health Care Policy and Research a clearinghouse for information and research data concerning clinical trials. Requires the appointment of a fund investigator for the Agency. (Sec. 3201) Amends the Internal Revenue Code to establish the National Fund for Medical Research and provide for the designation of tax overpayments to such fund. Subtitle B: Administrative Simplification - Establishes a health care data interchange system to make data available on a uniform basis to all participants in the health care system. (Sec. 3302) Requires the Health Care Data Panel to develop regulations for the operation of an integrated electronic health care data interchange system. (Sec. 3304) Sets forth requirements for such system including: data and transaction standards, uniform, working files, code sets, unique identifiers, standards for confidentiality, rules for the transfer of information, and periodic reviews. (Sec. 3313) Establishes the Health Care Data Panel and a National Health Informatics Commission to advise the Panel on its activities. Title IV: Judicial Reforms - Subtitle A: Medical Liability Reform - Requires a qualified health plan to provide effective mediation procedures for hearing and resolving health care malpractice claims. (Sec. 4013) Requires each State to adopt an alternative dispute resolution method for the resolution of health care malpractice claims and consumer grievances. (Sec. 4021) Establishes provisions with respect to liability under health care malpractice actions brought in State or Federal courts. (Sec. 4022) Limits attorney contingency fees and award amounts for noneconomic damages. (Sec. 4024) Establishes a two-year statute of limitations for health care malpractice claims, except in the case of minors. (Sec. 4025) Requires each State to establish a set of specialty clinical guidelines. Allows the use of such guidelines as a rebuttable presumption in a claim or action, if the service provided was the appropriate standard of medical care. (Sec. 4026) Prohibits the award of punitive damages against the producer of a drug or device that is approved by the Food and Drug Administration. (Sec. 4027) Requires a report to the appropriate congressional committees on the operation of this subtitle. Subtitle B: Anti-Fraud and Abuse Control Program - Requires the Secretary to establish in the Office of the Inspector General of the Department of Health and Human Services a program to control fraud and abuse under the universal health care plan. Establishes the Anti-Fraud and Abuse Trust Fund. (Sec. 4102) Amends title XI of the Social Security Act (SSA) to provide for the application of the penalties for Medicare and Medicaid fraud to all health care programs. (Sec. 4103) Requires the Secretary to establish a program through which Medicare-eligible individuals may report instances of suspected fraud under Medicare. (Sec. 4111) Revises current SSA title XI sanctions for fraud and abuse involving Medicare and State health care programs, with changes providing for: (1) program exclusion for individuals convicted of a felony relating to fraud or the unlawful manufacture or dispensing of a controlled substance; (2) new offenses under civil monetary penalty provisions, such as the presenting of claims for items or services which are not medically necessary; (3) establishment of a minimum period of exclusion for practitioners and persons who fail to meet statutory obligations; (4) intermediate sanctions on eligible health maintenance organizations for program violations; and (5) procedures for imposing such sanctions. Directs the Attorney General to establish a national health care fraud and abuse data collection program for the reporting by each government agency and health care plan of final adverse actions against health care providers, suppliers, and practitioners. (Sec. 4122) Amends SSA title XI to require the Secretary to publish in the Federal Register a listing of all final adverse actions taken during the quarter. (Sec. 4131) Amends the Federal criminal code to establish penalties for a health care provider that knowingly engages in any scheme or artifice to defraud a person in connection with the provision of health care. (Sec. 4132) Extends the application of the mail fraud statute to cover matter sent or delivered by private or commercial carriers. (Sec. 4133) Authorizes appropriations to hire, equip, and train no fewer than: (1) 275 Federal Bureau of Investigation special agents and support staff to investigate health care fraud cases; and (2) 50 assistant U.S. attorneys and staff to prosecute such cases. (Sec. 4134) Authorizes the Attorney General to pay a reward of up to $10,000 to a person who furnishes information unknown to the Government relating to a possible prosecution for health care fraud, with exceptions. (Sec. 4135) Directs the court to order a person convicted of a Federal health care offense that poses a serious threat to the health of any individual or that has a significant detrimental impact on the health care system, to forfeit property that was used in the commission of the offense or that constitutes or was derived from proceeds traceable to the offense and that is of a value proportionate to the seriousness of the offense. (Sec. 4136) Authorizes the Attorney General to commence a civil action in Federal court to enjoin a violation constituting a Federal health care offense. Subtitle C: Treatment of Certain Activities Under the Antitrust Laws - Exempts from the antitrust laws specified "safe harbor" activities related to the provision of health care services. Sets forth provisions regarding the award of attorney fees and costs of suit to the prevailing party in an action based on a claim involving activity found to be exempt. (Sec. 4202) Lists as safe harbors specified: (1) activities relating to health care services of combinations of health care providers with market share below a specified threshold; (2) activities of medical self-regulatory entities relating to standard setting or enforcement activities not conducted for purposes of financial gain; (3) participation of a health care provider in a written survey of the prices of services, reimbursement levels, or the compensation and benefits of employees and personnel; (4) activities relating to health care joint ventures for high technology and costly equipment and services; (5) activities relating to hospital mergers; (6) joint purchasing arrangements; and (7) negotiations. (Sec. 4203) Directs the Attorney General to publish a notice in the Federal Register soliciting proposals for additional safe harbors and to review and report to the Congress on proposed safe harbors. Sets forth criteria in establishing safe harbors, including: (1) the extent to which a competitive or collaborative activity will accomplish an increase in health care access and quality, the establishment of cost efficiencies, and increased ability of health care facilities to provide services in medically underserved areas or to underserved populations; and (2) whether designation as a safe harbor will result in specified desirable outcomes. (Sec. 4204) Directs the Attorney General to issue certificates of review for providers of health care services and to assist persons in applying for such certificates. Sets forth provisions regarding applications for, revocation of, and review of determinations regarding such certificates. Limits the disclosure of information. (Sec. 4205) Sets forth provisions regarding notifications providing for a reduction in certain penalties under the antitrust laws for health care cooperative ventures. (Sec. 4206) Directs the Attorney General to: (1) review the safe harbors and certificates of review periodically; and (2) promulgate such rules, regulations, and guidelines as necessary to carryout provisions of this subtitle. (Sec. 4208) Establishes within the Department of Health and Human Services an Office of Health Care Competition Policy. Title V: Special Assistance for Frontier, Rural, and Urban Underserved Areas - Subtitle A: Frontier, Rural, and Urban Underserved Areas - Amends the Public Health Service Act to establish a program of allotments to States for grants for community-based primary health services to low-income or medically underserved populations regarding infant mortality and referrals for the health management of infants and pregnant women. Earmarks for the allotments specified percentages of appropriations under certain provisions added by this Act. (Sec. 5002) Mandates grants to federally qualified health centers (FQHCs) and other entities for providing access to services for medically underserved populations or in high impact areas not currently being served by a FQHC. Authorizes appropriations. Directs the Secretary to report to the appropriate congressional committees on the relationship and interaction between community health centers and hospitals in providing services to such populations. (Sec. 5003) Amends the Internal Revenue Code to: (1) allow a nonrefundable credit for certain primary health services providers for mandatory service periods in health professional shortage areas; (2) exclude from gross income qualified loan repayments to the National Health Service Corps; (3) increase the dollar limitation allowed for expensing medical equipment used in rural health shortage areas; and (4) allow a deduction for student loan payments by medical professionals practicing in rural areas. (Sec. 5004) Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for: (1) establishment of rural emergency access care hospitals under Medicare; and (2) coverage of and payment for rural emergency access care hospital services under Medicare part B (Supplementary Medical Insurance). (Sec. 5005) Amends the Public Health Service Act to direct the Secretary to make grants to States to assist in the creation or enhancement of air medical transport systems that provide victims or medical emergencies in rural areas with access to treatments. Sets forth provisions regarding: (1) application and State plan requirements; (2) considerations in awarding grants; (3) State administration and use of grants; (4) the number of grants; and (5) reporting requirements. Authorizes appropriations. (Sec. 5006) Authorizes the Secretary to conduct a demonstration project and grant program to encourage the development and operation of rural health networks. Authorizes appropriations. (Sec. 5007) Requires the Secretary to report to the Congress on improving access to benefits under qualified health plans for individuals residing in rural areas. Subtitle B: Primary Care Provider Education - Requires the Secretary to provide for the establishment of demonstration projects to evaluate mechanisms to increase the number and percentage of medical students entering primary care practice through funds otherwise available for direct graduate medical education costs under the Medicare program. (Sec. 5102) Allows funding under Medicare for training in nonhospital-owned facilities. (Sec. 5103) Increases authorized funding for the National Health Service Corps Scholarship and Loan Repayment Programs. Authorizes funding through FY 1998. (Sec. 5104) Increases and extends through FY 1997 authorized funding for training for certain health service providers. Subtitle C: Programs Relating to Primary and Preventive Care Services - Authorizes appropriations for a grant program to improve coordination of maternal and infant care. (Sec. 5202) Amends the Elementary and Secondary Education Act of 1965 to authorize appropriations to carry out a comprehensive school health education and prevention program for elementary and secondary school students. (Sec. 5203) Allows frontier States (including Alaska, Wyoming and Montana) to implement proposals and participate in demonstration projects which give special consideration to their diverse needs. Title VI: Treatment of Existing Federal Programs - Subtitle A: Medicaid Program - Gives States the option of allowing the enrollment of Medicaid-eligible individuals (including a limited number of AFDC- and SSI-eligible individuals) in the standard benefit package under a qualified health plan, instead of enrollment in the State's Medicaid program. (Sec. 6001) Sets forth requirements for States exercising such option. Places a cap on Federal payments for acute medical services furnished under a State's Medicaid program. (Sec. 6011) Discontinues reimbursement standards for inpatient hospital services. Revises the Federal medical assistance percentage for certain States. Modifies Federal requirements to allow States more flexibility in contracting for coordinated care services under Medicaid. (Sec. 6021) Provides for waivers from requirements on coordinated care programs. Gives States the option to guarantee the continued Medicaid eligibility of individuals enrolled with risk contracting and other managed care entities. (Sec. 6031) Provides for phased-in elimination of Medicaid hospital disproportionate share adjustment payments. Subtitle B: Medicare - Requires the Secretary to: (1) submit to the Congress a proposal for legislation which provides for the enrollment of Medicare beneficiaries in qualified health plans; and (2) provide for a monthly payment to a qualified health plan on behalf of enrolled Medicare beneficiaries. (Sec. 6111) Amends the Omnibus Budget Reconciliation Act of 1990 (OMBRA '90) to revise provisions for a modified payment methodology for risk contractors. (Sec. 6112) Requires the Secretary to provide for adjustment in Medicare capitation payments to take into account secondary payer status. Authorizes the Secretary to make additional payments to eligible organizations with risk-sharing contracts. (Sec. 6121) Amends OMBRA '90 to: (1) make permanent the Medicare select policy program; and (2) allow access to Medicare select policies in all States. Amends Medicare to revise the Medicare select policy program and provide for a civil penalty for misrepresentations made in connection with such a policy. (Sec. 6131) Makes specified changes with regard to monthly Medicare part B premium determinations for part B enrollees. (Sec. 6132) Amends the Internal Revenue Code to provide for an increase in the Medicare part B premium for individuals with high income. (Sec. 6133) Makes permanent certain payment reductions relating to outpatient hospital services furnished under Medicare. (Sec. 6135) Imposes copayments for laboratory services and certain home health visits provided under Medicare. (Sec. 6137) Provides for phased-in elimination of Medicare disproportionate share hospital payments. (Sec. 6138) Directs the Secretary to discontinue hospital reimbursements for costs relating to the recovery of bad debts. (Sec. 6139) Makes specified changes with regard to Medicare as secondary payer. Title VII: Patient's Right to Self-Determination Regarding Health Care - Provides for the treatment of advance directives and other measures, including a study by the Secretary on issues relating to health care decisions by the patient, in addressing the patient's right to self-determination regarding health care.

Bill· HRH.R. 3642 (103rd)referred

Commercial Mortgage Capital Availability Act of 1993

United States · United States Congress · 22 November 1993

Commercial Mortgage Capital Availability Act of 1993 - Sets forth a regulatory scheme under which qualified insured depository institutions meeting prescribed reserve and capital requirements may execute mortgage loan transfers with a recourse arrangement. Amends the Securities Exchange Act of 1934 to modify the definition of "mortgage related security" to include notes directly secured by a first lien on real estate with commercial structures located upon it (thus bringing such securities within the purview of the Act). Directs the Secretary of Labor to exempt commercial mortgage related securities transactions from: (1) certain restrictions of the Employee Retirement Income Security Act of 1974; and (2) certain taxes imposed under the Internal Revenue Code. Mandates that securities relying on the provisions of this Act comply with all Federal securities laws relating to disclosure to investors, registrations, reporting and anti-fraud provisions. Requires insured depository institutions to maintain the minimum adequate capital prescribed by regulatory banking agencies when executing mortgage backed securities transactions.

Resolution· HCONRESH.Con.Res. 193 (103rd)open

To express the sense of the Congress regarding negotiations objectives for the Uruguay Round of the General Agreement on Trade and Tariffs (GATT).

United States · United States Congress · 22 November 1993

Expresses the sense of the Congress that: (1) the President shall not enter into any trade agreement requiring changes in U.S. antidumping laws which would reduce their effectiveness as a remedy against injurious dumped imports; (2) the U.S. Government shall not condone distorting subsidies by foreign governments, including development subsidies, that cause material injury to U.S. industries; and (3) the United States not enter into any trade agreement on dispute settlement contained in the Draft Final Act embodying the Results of the Uruguay Round of Multilateral Trade Negotiations (Negotiations) of December 21, 1991, unless, with respect to the review of countervailing duty and antidumping duty actions taken by General Agreement on Tariffs and Trade (GATT) members, the settlement mechanisms and procedures shall not allow specified review actions. Expresses the sense of the Congress that the principal U.S. negotiating objective regarding situations of global structural excess capacity is to negotiate multilateral rules to permit rapid realignment of capacity to demand. Urges the President to review antidumping duty provisions contained in the Negotiations and to seek changes in such provisions that are necessary to maintain the effectiveness of U.S. antidumping laws, including, but not limited to, changes proposed by the United States in December 1992, any changes needed to clarify the right to cumulate and cross-cumulate imports under investigation, and the prohibition of procedures to sunset dumping and countervailing duty orders.