United States · United States Congress · 4 January 1995
Merchant Mariners Fairness Act of 1993 - Provides that certain qualified service of a member of the U.S. merchant marine, including a vessel crewmember of the U.S. Army Transport Service, during World War II constituted active military service for purposes of eligibility for various veterans' benefits under the GI Bill Improvement Act of 1977. Requires the Secretary of Defense to issue an honorable discharge under such Act to each merchant marine member whose qualified service warrants such a discharge. Prohibits the payment of any retroactive benefits under this Act. Mandates a processing fee for any benefit application for such qualified service.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Requires the Congress, prior to each fiscal year, to adopt a statement in which total Federal outlays do not exceed total receipts, unless a three-fifths vote of both Houses authorizes a specific excess. Prohibits a bill to increase receipts from becoming law unless approved by a three-fifths majority in each House. Directs the President to submit a balanced budget. Sets a permanent limit on the amount of Federal public debt, prohibiting any increase unless legislation enacted by a three-fifths majority of both Houses become law. Requires roll call votes in the House and Senate under this amendment.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Social Security Earnings Test Title II: Repeal of Increase in Tax on Social Security Benefits Title III: Treatment of Long-Term Care Title IV: Senior Citizen Communities Senior Citizens' Equity Act - Title I: Social Security Earnings Test - Amends title II (Old-Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to increase the monthly exempt amount, under the earnings test, for individuals who have attained retirement age. Sets forth a schedule of monthly adjustments increasing from $1,250 for taxable year 1996 to $2,500 for taxable year 2000 (amounting, by the year 2000, to an annual exempt amount of $30,000 such individuals may earn before being subject to benefit reductions). Title II: Repeal of Increase in Tax on Social Security Benefits - Amends the Internal Revenue Code to schedule from 1996 through 2000 a reduction from 85 percent to 50 percent the amount of Social Security benefits on which beneficiaries earning more than $34,000 annually ($44,000 for couples) are liable for income tax. Title III: Treatment of Long-Term Care - Amends the Internal Revenue Code to treat a long-term care insurance contract as an accident or health insurance contract. (Sec. 301) Restricts the meaning of long-term care insurance contract to a guaranteed renewable contract without cash surrender value: (1) covering only qualified long-term care services and benefits incidental to such coverage; (2) excluding expenses for services or items reimbursable under Medicare (except where Medicare is a secondary payor); and (3) applying all premium refunds and all policyholder dividends or similar amounts to reduce future premiums or increase future benefits. Limits qualified long-term care services to necessary diagnostic, preventive, therapeutic, and rehabilitative services, as well as maintenance or personal care services prescribed by a licensed health care practitioner for a chronically ill individual in a qualified facility who is unable to perform (without substantial assistance from another individual) at least two activities of daily living (including walking or wheeling, dressing, toileting and bathing, transferring in and out of a bed or chair, and eating). Makes an individual's home a qualified facility if a licensed health care practitioner certifies that without home care the individual would have to be cared for in a State-licensed or Medicare- or Medicaid-certified nursing, rehabilitative, hospice, or adult day care facility. Treats as a separate contract subject to this Act, unless the Secretary provides otherwise in regulations, any rider on a life insurance contract that covers long-term care insurance. Includes in gross income the aggregate amount of benefits received under a long-term care insurance contract that exceeds $200 for any day (adjusted for inflation). Prescribes a one-year full preliminary term method as the method, in the case of any long-term care insurance contract, for computing reserves for the purposes of determining the taxable income of life insurance companies. Declares that a health care plan shall not be subjected to an excise tax for failure to satisfy continuation coverage requirements solely by reason of failing to provide coverage under any long-term care insurance contract. (Sec. 302) Excludes from gross income any benefits (not in excess of $200 per day) received under a long-term care insurance contract, including employer-provided coverage under such a contract. (Sec. 303) Allows an income tax deduction for qualified long-term care services, subject to specified limits. (Sec. 304) Treats as a nontaxable exchange the exchange of a contract of life insurance or an endowment or annuity contract for a long-term care insurance contract. (Sec. 305) Reduces any amounts includible in gross income by reason of distributions from individual retirement plans or 401(k) plans by the aggregate premiums paid by an individual for any long- term care insurance contract for the benefit of such individual or his or her spouse. (Sec. 306) Excludes from gross income accelerated death benefits paid from life insurance policies for individuals who are terminally ill or permanently confined to a nursing home. (Sec. 307) Provides for: (1) continuation of long-term care insurance policies existing before January 1, 1996, which meet State insurance requirements; and (2) nonrecognition of gain or loss in the exchange, before January 1, 1996, of existing policies for policies under this Act, except to the extent of any money or property received in addition to a long-term care insurance contract. Requires the Secretary of the Treasury to report to the Congress on the Department of the Treasury's interpretation of the tax treatment of contracts which provide long-term care services but which are not long-term care insurance contracts under this Act. Title IV: Senior Citizen Communities - Amends the Fair Housing Act with respect to the exemption for housing for older persons from the prohibition against discrimination based on familial status. Revises the definition of housing for older persons to repeal the requirement that such housing possess significant facilities and services specifically designed to meet the physical or social needs of older persons. (Sec. 402) Declares that an individual who engages in conduct with a reasonable good faith reliance on the existence of such exemption is not personally liable for money damages for a violation of such Act that the exemption would have vitiated. Presumes such good faith reliance of a person engaged in the business of residential real estate transactions if: (1) he or she has no actual knowledge that the facility or community is or will be ineligible for such exemption; and (2) the facility or community gives him or her a written certification stating its compliance with the requirements for such exemption.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Adoption Assistance Title II: Eldercare Assistance Title III: Child Protection Title IV: Family Privacy Protection Title V: Child Support Enforcement Family Reinforcement Act - Title I: Adoption Assistance - Amends the Internal Revenue Code to allow an income tax credit for up to $5,000 of qualified adoption expenses paid or incurred by the taxpayer during the taxable year. Sets forth a formula for reduction of such credit for taxpayers whose adjusted gross income exceeds $60,000. Denies such a credit for any expense for which a deduction or credit is allowable under another Code provision. (Sec. 101) Defines "qualified adoption expenses" as reasonable and necessary adoption fees, court costs, attorney's fees, and other lawful expenses directly related to legal adoption of a child, but not any expenses paid from any funds received under a Federal, State, or local program. Disqualifies for such a credit any expenses in connection with the adoption of a child of the taxpayer's spouse. Title II: Eldercare Assistance - Allows an individual taxpayer an income tax credit of $500 for each member of the household maintained by the taxpayer who: (1) is the taxpayer's, or taxpayer's spouse's, parent or stepparent; (2) is certified by a physician as unable to perform (without substantial assistance from another individual) at least two activities of daily living (bathing, dressing, toileting, transferring in and out of a bed or chair, and eating), or has a similar level of disability due to cognitive impairment; and (3) has the taxpayer's home as his or her principal place of abode for more than half the taxable year. Title III: Child Protection - Directs the United States Sentencing Commission to amend the sentencing guidelines with respect to the sexual exploitation and abuse of children to increase the offense level by two levels if a computer was used in the transportation or shipment of a visual depiction of the child. (Sec. 302) Establishes a mandatory minimum sentence of three years for transporting an individual under 18 years of age for prostitution purposes. (Sec. 303) Directs the United States Sentencing Commission to amend the sentencing guidelines with respect to the transporting of an individual under 18 years of age for prostitution purposes. Requires such guidelines to assure that an increase in the age of the child who is the victim of the offense does not result in a lighter punishment. (Sec. 304) Requires: (1) a minimum three-year imprisonment for sexual abuse of a minor; and (2) a minimum three-year to maximum 15- year imprisonment for sexual abuse of a ward. Title IV: Family Privacy Protection - Declares that no program or activity funded wholly or partially by any Federal department or agency shall require a minor to submit without written parental or guardian consent (or, if the minor is emancipated, without the minor's own prior consent) to a survey, analysis, or evaluation that reveals information concerning: (1) parental political affiliations; (2) potentially embarrassing mental or psychological problems; (3) sexual behavior or attitudes; (4) illegal, anti-social, self-incriminating, or demeaning behavior; (5) appraisals of other individuals with whom the minor has a familial relationship; (6) relationships legally recognized as privileged, such as those with lawyers, physicians, and clergy; (7) the minor's household income (except as required by law to determine eligibility for participation in a program or for receipt of program financial assistance); or (8) religious beliefs. Exempts from this prohibition tests intended to measure academic performance, except as they would require information listed in (1) through (6). Prescribes agency notice requirements. Title V: Child Support Enforcement - Amends the Federal judicial code to require the appropriate authorities of every State to enforce child support orders of another State without modification. (Sec. 502) Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to require a specified designee of the Secretary of Health and Human Services to develop, in conjunction with State executive and judicial organizations, a uniform abstract of a child support order, for use by all State courts to record specified terms in each child support order. (Sec. 503) Directs States to enact procedures subjecting noncustodial parents with certain child support arrearages with respect to a child receiving Aid to Families With Dependent Children (AFDC) to civil penalties and job search and work program participation requirements until such arrearages are reduced by a specified percentage.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Findings, Policy, and Purposes Title II: Missile Defense Title III: Revitalization of National Security Commission Title IV: Command of United States Forces Title V: United Nations Title VI: Revitalization and Expansion of the North Atlantic Treaty Organization Title VII: Budget Firewalls National Security Revitalization Act - Title I: Findings, Policy, and Purposes - Sets forth as purposes of this Act: (1) to establish a commission to reassess U.S. military needs and reverse the decline in defense spending; (2) to commit to acceleration of the development and deployment of theater and national ballistic missile defense capabilities; (3) to restrict deployment of U.S. forces to missions that are in the national interest; (4) to maintain U.S. command of U.S. forces participating in United Nations (UN) peacekeeping operations and to reduce the cost to the United States of such operations; and (5) to reemphasize the U.S. commitment to the North Atlantic Treaty Organization (NATO). Title II: Missile Defense - Directs the Secretary of Defense (Secretary) to: (1) develop for deployment at the earliest possible date a cost- and operationally-effective antiballistic missile system to protect the United States against ballistic missile attacks; and (2) develop for expeditious deployment advanced theater missile defense systems. Requires a plan with respect to the deployment of such systems to be submitted to specified congressional committees within 60 days after enactment of this Act. Title III: Revitalization of National Security Commission - Establishes the Revitalization of National Security Commission to conduct a comprehensive review of the long-term U.S. national security needs. Requires an interim and final report from the Commission to designated congressional committees on its assessments and recommendations. Provides funding. Title IV: Command of United States Forces - Prohibits funds made available to the Department of Defense (DOD) from being obligated or expended for activities of any element of the armed forces that after the date of enactment of this Act is placed under the command or operational control of a foreign national acting on behalf of the UN for international peacekeeping or peace enforcement purposes. Waives such prohibition if the President, at least 15 days in advance, certifies to the Congress that such command or control is necessary to protect U.S. national security interests. Allows the President, in emergency situations, to allow such foreign command or control without the advance notification, but requires congressional notification within 48 hours after such action. Outlines certification requirements. Waives all such requirements when less than 50 members of U.S. armed forces are involved. Requires the President to submit to the Congress a memorandum of legal points and authorities explaining why the foreign placement of U.S. military personnel does not violate the Constitution. Excepts ongoing operations in Macedonia from the above requirements. (Sec. 402) Amends the United Nations Participation Act of 1945 (the Act) to require approval by the Congress, by law, of any presidential action taken which makes available to the UN Security Council, or a foreign national acting on behalf of the UN, U.S. armed forces for international peace and security activities. Provides exceptions: (l) in the case of presidential certifications, as above; and (2) when such action is authorized by law. Outlines certification requirements and provides an exception for: (1) actions requiring less than 50 U.S. military personnel; and (2) ongoing operations in Macedonia. Requires the President to submit to the Congress the same legal memorandum as required above. Title V: United Nations - Amends the Act to specifically limit the U.S. assessment for UN expenditures in support of international peacekeeping operations. Requires crediting for the United States by the UN for the costs of U.S. support for, or participation in, such activities. Directs the President to annually submit to designated congressional committees a report on the total amount of any fiscal year's national defense funds that are expended to support such activities. (Sec. 502) Codifies within the Act specified provisions of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, concerning the required notification to the Congress of proposed UN peacekeeping activities. Requires within such notification a description of any uncovered U.S. assistance to or support for such activities. Defines a new UN peacekeeping operation as one to be expanded by more than 25 percent during the period covered, or one to be authorized to operate in a country in which it was not previously authorized. (Sec. 503) Requires presidential notification to designated congressional committees within 15 days: (1) after receipt by the United States of a billing request from the UN for the U.S. contribution toward UN peacekeeping activities; or (2) before the U.S. obligates funds for such contributions (except for emergencies, in which case notification is required within 48 hours of such obligation). (Sec. 504) Requires, in a report required under the Act, a description of the anticipated budget for the next fiscal year for U.S. participation in UN peacekeeping activities. (Sec. 506) Authorizes the Secretary, in emergency circumstances, to waive the requirement for reimbursement to the United States for in-kind contributions to UN peacekeeping activities. Requires appropriate notification to the designated congressional committees. Directs the Secretary of State to ensure that U.S. goods provided by DOD on a reimbursable basis for UN peacekeeping activities are reimbursed at the appropriate value. Directs the U.S. Permanent Representative to the UN to report to the designated congressional committees on all U.S. action taken to achieve such objectives. (Sec. 507) Prohibits appropriated funds from being used in any fiscal year to pay any U.S. assessed or voluntary contribution for UN peacekeeping activities until the Secretary certifies to the Congress that the UN has reimbursed DOD directly for all goods and services provided during the previous fiscal year for such activities. (Sec. 508) States that, beginning October 1, 1995, funds made available to DOD shall be available for UN peacekeeping activities or their related incremental costs only to the extent that the Congress has by law specifically made those funds available for such purpose. (Sec. 509) Codifies within the Act a specified provision which limits the use of funds authorized for Contributions for International Peacekeeping Activities for payment of the U.S. assessed contribution for a UN peacekeeping operation to 25 percent of the total amount of all assessed contributions for such operation. (Sec. 510) Prohibits funds from being obligated or expended for U.S. contributions to UN peacekeeping activities unless the Secretary of State determines and certifies to the designated congressional committees that U.S. manufacturers and suppliers are being given opportunities equal to foreign manufacturers and suppliers to provide equipment, material, and services for such activities. (Sec. 511) Withholds specified percentages of U.S. assessed and voluntary contributions toward UN peacekeeping activities until receipt by the Congress of a certification by the President that the UN, through its Office of Inspector General, has undertaken certain prescribed activities with respect to a financial and management accounting of UN peacekeeping activities. (Sec. 512) Authorizes the United States to provide intelligence to the UN only pursuant to a written agreement between the President and the UN's Secretary General specifying the types of and circumstances for such intelligence and the procedures to be observed by the UN with respect to access and disclosure of the intelligence. Requires advance notification (30 days) to the Congress before such an agreement will be considered effective. Provides exceptions. Title VI: Revitalization and Expansion of the North Atlantic Treaty Organization - NATO Revitalization and Expansion Act of 1995 - Declares that it should be U.S. policy: (1) to continue the commitment to an active leadership role in NATO; (2) to join with NATO allies to redefine the role of the alliance in the post-Cold War world, taking into account specified factors; (3) to affirm that NATO military planning should include joint military operations beyond the geographic bounds of the alliance under the North Atlantic Treaty when the shared interests of the United States and other member countries require such actions to defend vital interests; (4) that Poland, Hungary, the Czech Republic and Slovakia should be permitted to join NATO by January 10, 1999, as long as each such country meets specified standards and undertakes certain commitments; (5) that the United States and other NATO member nations should furnish appropriate assistance to enable such countries to achieve membership by such date; and (6) that other European countries, particularly the Baltic states and Ukraine, may be in a position to achieve NATO membership at a future date. (Sec. 604) Directs the President to establish a program to assist the transition to full NATO membership of Poland, Hungary, the Czech Republic, Slovakia, and any other European country emerging from communist domination that is designated by the President. Outlines types of assistance to be provided. Requires annual reports from the President to the appropriate congressional committees on the progress made in implementing this section. Title VII: Budget Firewalls - Expresses the sense of the Congress that so-called "budget firewalls" between defense and domestic discretionary spending should be established for each of FY 1996 through 1998.
United States · United States Congress · 4 January 1995
Taxpayer Debt Buy-Down Act - Amends the Internal Revenue Code to allow individuals with adjusted income tax liability to designate on their tax returns that a portion of such liability (not to exceed ten percent) be used to reduce the public debt. Establishes a Public Debt Reduction Trust Fund for the deposit of designated amounts. Makes amounts in such Trust Fund available only to pay at maturity, or to redeem or buy before maturity, any obligation of the Federal Government included in the public debt (other than an obligation of the Federal Old-Age and Survivors Insurance Trust Fund, the Civil Service Retirement and Disability Fund, or the Department of Defense Military Retirement Fund). Prohibits the reissuance of any obligation which is paid, redeemed, or bought with amounts from the Trust Fund. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for the sequestration of amounts designated to the Trust Fund. Specifies accounts exempt from such sequestration. Includes aggregated amounts designated to the Trust Fund and amounts sequestered to reduce the public debt in sequestration preview and final reports.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Capital Gains Reform Title II: Neutral Cost Recovery Title III: Risk Assessment and Cost/Benefit Analysis for New Regulations Subtitle A: Risk Assessment and Communication Subtitle B: Analysis of Risk Reduction Benefits and Costs Subtitle C: Peer Review Title IV: Establishment of Federal Regulatory Budget Cost Control Title V: Strengthening of Paperwork Reduction Act Subtitle A: Authorization of Appropriations Subtitle B: Reducing the Burden of Federal Paperwork on the Public Subtitle C: Enhancing Government Responsibility and Accountability for Reducing the Burden of Federal Paperwork Subtitle D: Enhancing Agency Responsibility for Sharing and Disseminating Public Information Subtitle E: Additional Government Information Management Responsibility Subtitle F: Effective Dates Title VI: Strengthening Regulatory Flexibility Title VII: Regulatory Impact Analyses Title VIII: Protection Against Federal Regulatory Abuse Subtitle A: Citizens' Regulatory Bill of Rights Subtitle B: Private Sector Whistleblowers' Protection Title IX: Private Property Rights Protections and Compensation Title X: Establishment of Federal Mandate Budget Cost Control Title XI: Taxpayer Debt Buy-Down Title XII: Small Business Incentives Job Creation and Wage Enhancement Act of 1995 - Tit: I: Capital Gains Reform - Amends the Internal Revenue Code to allow a 50 percent income tax deduction for the net capital gain of both corporate and noncorporate taxpayers. (Sec. 1002) Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset or property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss. (Sec. 1003) Allows an itemized deduction for losses arising from the sale or exchange of a principal residence. Title: : Neutral Cost Recovery - Allows the depreciation deduction to be computed based on a neutral recovery basis for property placed in service after December 31, 1994. Title III: Risk Assessment and Cost/Benefit Analysis for New Regulations - Subtitle A: Risk Assessment and Communication - Risk Assessment and Communication Act of 1995 - Requires the head of each Federal agency to apply specified principles when preparing risk assessments in order to assure that such assessments and all of their components distinguish scientific findings from other considerations and are scientifically objective, unbiased, and inclusive of all relevant data. (Sec. 3105) Directs such agencies to comply with specified requirements (with respect to risk estimates, exposure scenarios, comparisons, and substitution risks) in characterizing risk in any risk assessment document, regulatory proposal or decision, report to the Congress, or other document which is made available to the public. (Sec. 3106) Requires the President to: (1) issue guidelines, subject to periodic review, consistent with such risk assessment and characterization principles; and (2) provide a format for summarizing risk assessment results. Requires each Federal agency to publish a plan (including procedures for receiving and considering new information and risk assessments from the public) to review and revise any risk assessment published before a certain date if significant new information or methodologies are available that could significantly alter the results of such risk assessment; and evaluate for the Congress certain categories of policy and value judgments. Subtitle B: Analysis of Risk Reduction Benefits and Costs - Directs the President to require each executive agency to prepare specified assessments for each major rule designed to protect human health, safety, or the environment it proposes or promulgates. (Sec. 3201) Requires for any proposed or promulgated rule: (1) assessments of incremental costs and incremental risk reduction or other benefits associated with each significant regulatory alternative (SRA) considered in connection with the rule; (2) comparisons to other selected risks of any human health, safety, or environmental risks addressed by an SRA; and (3) a statement of substitution risks and other human health risks potentially posed by the SRAs. Requires for each final rule: (1) an assessment of the costs and risk reduction or other benefits associated with it, plus a certification that this assessment is based on an objective and unbiased scientific and economic evaluation of all significant and relevant information provided by interested parties; and (2) certain other certifications, including one that no statute-allowed regulatory alternative would achieve an equivalent risk reduction. Requires the head of each agency, for each such major rule, to publish its assessment information in the Federal Register. Subtitle C: Peer Review - Requires: (1) the head of each Federal agency to develop a systematic program meeting specified requirements for peer review of risk and economic assessments used by the agency for regulatory programs addressing human health, safety, or the environment; (2) each Federal agency to provide for peer review of scientific and economic information used for, among other things, evaluating certain risk assessments; and (3) the Director of the Office of Management and Budget (OMB) to order that peer review be provided for any major risk or cost assessment that may have a significant impact on public policy decisions. (Sec. 3301) Requires: (1) each Federal agency head to write a response to all significant peer review comments; and (2) all peer review comments, conclusions, and agency responses to be available to the public and part of the administrative record for judicial review purposes. Directs the President to appoint National Peer Review Panels to review annually all agency risk and cost assessment practices for programs designed to protect human health, safety, or the environment. Title IV: Establishment of Federal Regulatory Budget Cost Control - Amends the Congressional Budget Act of 1974 to require the Office of Management and Budget (OMB) and the Congressional Budget Office (CBO) to jointly report to the President and the Congress on direct costs to the private sector of complying with Federal regulations. Requires such reports to be issued in five-year intervals. Provides for initial and subsequent annual reports to the President and the Congress on an aggregate regulatory baseline which is a project of the aggregate direct cost to the private sector of complying with Federal regulations for budget years and outyears. Requires a concurrent resolution on the budget to include reconciliation directives specifying changes: (1) in laws and regulations necessary to reduce, by specified percentages, such direct costs; and (2) in laws necessary to reduce, by specified percentages, personnel and administrative overhead and to achieve programmatic savings. Provides for the allocation of aggregate two-year regulatory authority among congressional committees. Requires the CBO to submit to the appropriate committees (except the Committees on Appropriations) an analysis of private sector regulatory costs for each public bill or resolution. (Sec. 4002) Requires the President's annual budget submissions to comply with reconciliation directives. (Sec. 4003) Amends the Regulatory Flexibility Act to require Federal agencies to prepare an analysis of the costs that will be incurred by small entities, other businesses, and individuals in complying with proposed agency rules. Title V: Strengthening of Paperwork Reduction Act - Paperwork Reduction Act of 1995 - Subtitle A: Authorization of Appropriations - Amends Federal law to authorize increased appropriations to the Office of Information and Regulatory Affairs (OIRA). Subtitle B: Reducing the Burden of Federal Paperwork on the Public - Amends Federal law to: (1) ensure coverage of all aspects of federally imposed paperwork burdens; and (2) revise provisions on assignment of tasks and deadlines, providing for Government-wide as well as individual agency goals of further reductions in such burdens by five percent increments each fiscal year for five fiscal years. Subtitle C: Enhancing Government Responsibility and Accountability for Reducing the Burden of Federal Paperwork - Amends Federal law with respect to the authority and functions of the OMB Director and public information collection activities, among other changes providing for: (1) procedures under which an agency must estimate the burden of compliance with any proposed collection of information; (2) expedited OMB review of proposed information collection requests; and (3) protection for whistleblowers of unauthorized paperwork burden. (Sec. 5306) Revises public participation requirements with regard to the review of information collections. (Sec. 5307) Provides that upon the request of an agency head, the Director shall approve a proposed change to an existing information collection request within 30 days after receiving it. Subtitle D: Enhancing Agency Responsibility for Sharing and Disseminating Public Information - Gives the Director additional specified functions related to agency dissemination and sharing of public information. (Sec. 5402) Delineates agency responsibilities for sharing and disseminating public information. (Sec. 5403) Abolishes the Federal Information Locator System, replacing it with systems for agency inventory of information dissemination products, available for public access by electronic means at no charge. Subtitle E: Additional Government Information Management Responsibility - Revises the statistical policy and coordination functions of the OMB Director. (Sec. 5503) Requires the Director's annual report to the Congress on Federal information policy coordination activities to include certain additional information, including listings of increases in paperwork burdens. (Sec. 5504) Includes as a new automatic data processing function of the Director developing and annually revising a five-year plan for meeting the automatic data processing equipment and other information technology needs of the Federal Government. Subtitle F: Effective Dates - Sets forth the effective dates for this title. Title VI: Strengthening Regulatory Flexibility - Amends Federal civil service law to repeal the ban on judicial review of regulatory flexibility analyses and other specified applications of such law to agency actions. (Sec. 6002) Requires consideration of direct and indirect effects of rules, as well as transmittal of proposed rules and initial regulatory flexibility analysis to the Chief Counsel for Advocacy of the Small Business Administration for possible reply in the form of a statement of opposition to the proposed rule. (Sec. 6004) Expresses the sense of the Congress that such official should be permitted to appear as amicus curiae in any action or case brought in a U.S. court for the purpose of reviewing a rule. Title VII: Regulatory Impact Analyses - Administrative Procedure Reform Act of 1995 - Amends Federal civil service law to: (1) provide for rulemaking notices for major rules, including a final Regulatory Impact Analysis; (2) add hearing requirements for proposed rules; (3) extend the comments period; and (4) require the head of an agency to publish in the Federal Register responses to comments received regarding the rule. (Sec. 7004) Provides for the general application of Executive Order 12291 (relating to Federal regulation requirements and regulatory impact analysis) to each agency, with each preliminary and final Regulatory Impact Analysis required for a rule under the Order containing specified information in lieu of the information currently required. (Sec. 7005) Prohibits an agency from adopting a major rule unless the final Regulatory Impact Analysis for the rule is approved by the OMB Director or by an individual designated by the Director for that purpose. (Sec. 7006) Prohibits, to the extent practicable, the head of an agency from publishing in the Federal Register any proposed major rule, summary of a proposed major rule, or Regulatory Impact Analysis unless the OMB Director certifies that, among other things, it: (1) is written in a reasonably simple and understandable manner and is easily readable; and (2) provides adequate notice of the content of the rule, summary, or Analysis to affected and interested persons that have some subject matter expertise. (Sec. 7007) Requires the OMB Director to report to the Congress analyses of rulemaking procedures of Federal agencies and their impact on the regulated public and regulatory process. Title VIII: Protection Against Federal Regulatory Abuse - Subtitle A: Citizens' Regulatory Bill of Rights - Grants certain regulatory rights, such as the right to have an attorney or accountant present, to any person who is the target of a Federal investigative or enforcement action upon the initiation of an inspection, investigation, or other official proceeding directed against that person, except in cases where to do so would substantially delay responding to an imminent danger to person or property or substantially or unreasonably impede a criminal investigation. Subtitle B: Private Sector Whistleblowers' Protection - Private Sector Whistleblowers' Protection Act of 1995 - Outlines protection against reprisal through specified prohibited regulatory practices for disclosure of information that any person subject to Federal or certain State regulation believes is indicative of waste, fraud, or abuse. (Sec. 8208) Provides that any person with reason to believe that an agency employee has engaged in a prohibited regulatory practice may request the Special Counsel to investigate. Title IX: Private Property Rights Protections and Compensation - Entitles a private property owner to receive compensation from the United States in accordance with specified guidelines for any agency infringement or deprivation of rights with regard to their property. Prescribes procedures for obtaining such compensation. Title X: Establishment of Federal Mandate Budget Cost Control - Amends the Congressional Budget Act of 1974 to set forth reporting requirements for OMB and CBO with respect to reducing the direct costs to States and local governments of complying with Federal mandates. Requires concurrent resolutions on the budget to provide for such reductions until such costs do not exceed three percent of the estimated gross domestic product for the same fiscal year as the costs will be incurred. Requires CBO to prepare an analysis of mandated costs for States and local governments for each public bill or resolution reported in the Congress (except those from Appropriations Committees). Requires a similar analysis in the President's annual budget submissions. (Sec. 10003) Requires initial regulatory flexibility analyses for proposed rules that establish or implement new Federal mandates to contain a description of the nature and amount of monetary costs to be incurred by State and local governments. Requires Federal agencies to prepare a cost estimate and cost/benefit analysis of such mandates that would cost State and local governments at least $10 million for a fiscal year. Title XI: Taxpayer Debt Buy-Down - Amends the Internal Revenue Code to allow every individual with adjusted income tax liability to designate on their tax returns that a portion of such liability (not to exceed ten percent) be used to reduce the public debt. (Sec. 11002) Establishes a Public Debt Reduction Trust Fund for the deposit of designated amounts. Makes amounts in such Trust Fund available only to pay at maturity, or to redeem or buy before maturity, any obligation of the Federal Government included in the public debt. Prohibits the reissuance of any obligation which is paid, redeemed, or bought with amounts from the Trust Fund. (Sec. 11003) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for the sequestration of amounts designated to the Trust Fund. Specifies accounts exempt from such sequestration. Includes aggregated amounts designated to the Trust Fund and amounts sequestered to reduce the public debt in sequestration preview and final reports. Title XII: Small Business Incentives - Amends the Internal Revenue Code to increase the unified credit against the estate tax and the unified credit against the gift tax and provide a cost-of-living adjustment for such credits. (Sec. 12002) Increases the dollar limitation on the election to expense certain depreciable business assets. (Sec. 12003) Provides qualifications for a home office as a principal place of business for purposes of the deductibility of expenses.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Effective Death Penalty Subtitle A: Habeas Corpus Reform Subtitle B: Federal Death Penalty Procedures Reform Title II: Deterring Gun Crimes Title III: Mandatory Victim Restitution Title IV: Law Enforcement Block Grants Title V: Truth in Sentencing Grants Title VI: Exclusionary Rule Reform Title VII: Stopping Abusive Prisoner Lawsuits Title VIII: Further Streamlining Deportation of Criminal Aliens Title IX: Amendments to Violent Crime Control and Law Enforcement Act Taking Back Our Streets Act of 1995 - Title I: Effective Death Penalty - Subtitle A: Habeas Corpus Reform - Chapter 1: Post Conviction Petitions: General Habeas Corpus Reform - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. (Sec. 102) Vests authority to issue certificates of probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Prohibits an appeal from being taken to the court of appeals from the final order in a habeas corpus proceeding where the detention complained of arises out of process issued by a State court, or from the final order involving a prisoner in Federal custody, unless a circuit justice or judge issues a certificate of probable cause. Authorizes the issuance of such certificate only if the petitioner has made a substantial showing of the denial of a Federal right and if the certificate indicates which specific issues satisfy this standard. (Sec. 104) Permits the denial of a habeas corpus petition on the merits notwithstanding the failure of the applicant to exhaust State court remedies. (Sec. 105) Imposes a two-year period of limitation for filing for collateral relief by Federal prisoners. Chapter 2: Special Procedures for Collateral Proceedings in Capital Cases - Sets forth special habeas corpus procedures in capital cases, including provisions regarding the appointment, and claims of ineffectiveness, of counsel. Specifies that, if a stay of execution has expired, no Federal court thereafter shall have the authority to enter a stay or grant relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; (2) the failure to raise the claim is the result of State action in violation of the Constitution or U.S. law or the result of Supreme Court recognition of a new Federal right that is retroactively applicable or is based on a factual predicate that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient to establish by clear and convincing evidence that but for constitutional error no reasonable fact finder would have found the petitioner guilty of the underlying offense or eligible for the death penalty under State law. Denies any Federal district court or appellate judge the authority to enter a stay, issue injunctive relief, or grant any equitable or other relief in a capital case on any successive habeas petition unless the court first determines that the petition or other action does not constitute an abuse of the writ. Permits such determination to be made only by the district judge or appellate panel that adjudicated the merits of the original habeas petition, with an exception. Allows a stay to issue under this provision in the Federal courts of appeal only when a majority of the original panel or of the active judges determines the petition does not constitute an abuse of the writ. Sets forth provisions regarding: (1) filing of habeas corpus petitions; (2) State unitary review procedures; and (3) limitation periods for determining petitions. Specifies that the adjudication of any petition for habeas corpus with respect to State prisoners and of any motion for habeas corpus regarding Federal prisoners by a person under sentence of death shall be given priority by the district court and by the court of appeals over all non-capital matters. Chapter 3: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Assistance (BJA) to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases. Subtitle B: Federal Death Penalty Procedures Reform - Amends the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to provide that the jury (or if there is no jury, the court), in determining whether a sentence of death is justified, shall: (1) consider whether the aggravating factor or factors found to exist outweigh any mitigating factors; and (2) recommend a death sentence if it unanimously finds at least one aggravating factor and no mitigating factor or if it finds one or more aggravating factors which outweigh any mitigating factors. Directs that the jury be instructed that: (1) it must avoid any influence of sympathy, sentiment, passion, prejudice, or other arbitrary factors in its decision and should make such a recommendation as the information warrants; and (2) its recommendation is to be based on the aggravating factors and any mitigating factors which have been found, but that the final decision concerning the balance of aggravating and mitigating factors is a matter for the jury's judgment. Title II: Deterring Gun Crimes - Amends the Federal criminal code to set mandatory prison terms for carrying, using, or discharging a firearm or destructive device during a State crime that is a serious violent felony or a serious drug offense, except for the conduct of a person in defense of person or property during the course of a crime committed by another unless the person engaged or participated in criminal conduct that gave rise to the criminal conduct of such other individual. Sets forth mandatory penalties for carrying, using, or discharging: (1) a firearm, a short-barreled rifle or shotgun, a semiautomatic assault weapon, or a machine gun or destructive device or firearm equipped with a silencer in relation to a crime of violence or drug trafficking crime for which the person may be prosecuted in Federal court; and (2) a firearm during and in relation to a crime of violence or drug trafficking crime for which the person may be prosecuted in Federal court or a serious violent felony or serious drug offense for which the person may be prosecuted in State court, with respect to a person who has been previously convicted of certain firearms offenses. Prohibits the court from imposing a probationary sentence on any person convicted of a violation of this title or from making a term of imprisonment imposed under this title run concurrently with any other term of imprisonment including that imposed for the crime of violence or drug trafficking crime in which the firearm was used. Title III: Mandatory Victim Restitution - Amends the Federal criminal code to require (current law authorizes) the court to order restitution of the victim when sentencing a defendant convicted of specified offenses, including offenses under the Federal Aviation Act of 1958. Permits the court to order restitution of any person harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the criminal episode during which the offense occurred, or in the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Directs the court to: (1) order restitution to a victim in the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim has received or is entitled to receive compensation with respect to a loss from insurance or any other source; and (2) specify in the restitution order, upon determination of the amount owed to each victim, the manner in which and the schedule according to which the restitution is to be paid. Specifies that a restitution order: (1) shall constitute a lien against all property of the offender and may be recorded in any Federal or State office for the recording of liens against real or personal property; and (2) may be enforced by the United States and by a victim named in the order in the same manner as a judgment in a civil action. Title IV: Law Enforcement Block Grants - Repeals the Public Safety Partnership and Community Policing Act of 1994 (title I of the VCCLEA), replacing it with a law enforcement block grant program. Requires the Director of BJA to pay to each unit of local government which qualifies for a payment an amount equal to the sum of any amounts allocated to such unit under such title for each payment period. Directs that sums paid to such units be used by such units for reducing crime and improving public safety, including: (1) hiring, training, and employing on a continuing basis new, additional law enforcement officers and necessary support personnel, paying overtime to presently employed officers and personnel, and procuring equipment, technology, and other material directly related to basic law enforcement functions; (2) enhancing school security measures; and (3) establishing crime prevention programs that are organized or supervised by, or involve substantial participation of, law enforcement officials and that are intended to discourage, disrupt, or interfere with the commission of criminal activity. Sets forth provisions regarding: (1) the timing of payments; (2) payment adjustments; (3) repayment of unexpended amounts; (4) qualification for payment; (5) review by governors; (6) sanctions for noncompliance; (7) allocation and distribution of funds; (8) utilization of the private sector; and (9) public participation. Authorizes appropriations. Title V: Truth in Sentencing Grants - Repeals provisions of the VCCLEA regarding violent offender incarceration and truth-in-sentencing incentive grants. Sets forth provisions governing a truth-in-sentencing grant program. Authorizes the Attorney General to provide grants to eligible States and to eligible States organized as regional compacts (States) to build, expand, and operate: (1) space in correctional facilities in order to increase the prison bed capacity for persons convicted of a serious violent felony; and (2) temporary or permanent correctional facilities, including facilities on military bases, for the confinement of convicted nonviolent offenders and criminal aliens for the purpose of freeing suitable existing prison space for persons convicted of a serious violent felony. Directs that 50 percent of the total amount of funds made available under this title for each of FY 1995 through 2000 be available for general eligibility grants and 50 percent for truth-in-sentencing incentive grants for each State that meets the following requirements: (1) for general grants, such State, since 1993, has increased the percentage of convicted violent offenders sentenced to prison and the average prison time and percentage of sentence actually to be served in prison by such offenders; and (2) for sentencing incentive grants, a State submits an application to the Attorney General providing assurances that it has enacted laws and regulations which include truth-in-sentencing laws that require persons convicted of a serious violent felony to serve not less than 85 percent of the sentence imposed or of the court-ordered maximum sentence for States that practice indeterminate sentencing, truth-in-sentencing laws which have been enacted but not yet implemented that require such State, within three years, to provide that persons convicted of such a felony serve not less than 85 percent of the sentence imposed (or of the court-ordered maximum sentence), and laws requiring that the sentencing or releasing authorities notify and allow the defendant's victims or the family of victims the opportunity to be heard regarding the issue of sentencing and any post-conviction release. Sets forth provisions regarding: (1) special rules; (2) the formula for grants; and (3) accountability. Authorizes appropriations. Prohibits the use of funds for other purposes authorized by the VCCLEA in FY 1995 through 1999 unless the truth-in-sentencing programs are fully funded in such years. Title VI: Exclusionary Rule Reform - Amends the Federal criminal code to prohibit, in a proceeding in a court of the United States, the exclusion of evidence on the ground that: (1) the search or seizure was in violation of the Fourth Amendment of the U.S. Constitution if it was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the Fourth 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); and (2) 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 rule prescribed by the Supreme Court pursuant to statutory authority. Title VII: Stopping Abusive Prisoner Lawsuits - Amends the Civil Rights of Institutionalized Persons Act to prohibit an adult convicted of a crime who is confined in any correctional facility from bringing a civil action for deprivation of rights until such plain, speedy, and effective administrative remedies as are available are exhausted. (Sec. 702) Directs the court, on its own motion or on motion of a party, to dismiss specified actions brought by an adult convicted of a crime and confined in any correctional facility if the court is satisfied that the action fails to state a claim upon which relief can be granted or is frivolous or malicious. (Sec. 703) Repeals a provision of such Act requiring that the minimum standards provide for an advisory role for employees and inmates of a correctional facility in the formulation, implementation, and operation of the system for resolution of inmate grievances. (Sec. 704) Amends the Federal judicial code to require: (1) the court to dismiss a case in a forma pauperis proceeding if the allegation of poverty is untrue or if the action fails to state a claim upon which relief may be granted or is frivolous or malicious, even if partial filing fees have been imposed by the court; (2) a prisoner in a correctional institution who files an affidavit to include a statement of all assets such prisoner possesses; and (3) the court to ask the correctional institution for information relating to the prisoner's assets and to require full or partial payment of filing fees according to the prisoner's ability to pay. Title VIII: Further Streamlining Deportation of Criminal Aliens - Amends the Immigration and Nationality Act to expand the definition of "aggravated felony" to include various offenses such as an offense relating to: (1) commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification numbers of which have been altered for which a sentence of five years' imprisonment or more may be imposed; (2) perjury or subornation of perjury for which a sentence of five years' imprisonment or more may be imposed; and (3) a failure to appear before a court pursuant to a court order to answer or dispose of a charge of a felony for which a sentence of two years' imprisonment or more may be imposed. (Sec. 802) Authorizes the Attorney General to issue an order of deportation without an administrative hearing or administrative review for any alien who was not lawfully admitted for permanent residence or who had permanent resident status on a conditional basis and whom the Attorney General determines is deportable and has been convicted of an aggravated felony. Prohibits the Attorney General from executing such an order until 14 calendar days from the date the order was issued, unless waived by the alien, to give the alien the opportunity to apply for judicial review. Limits judicial review of such determinations. Provides that an alien convicted of an aggravated felony shall be conclusively presumed to be deportable. (Sec. 803) Restricts defenses to exclusion and deportation for certain aliens convicted of aggravated felonies. (Sec. 804) Limits collateral attacks on deportation orders. (Sec. 805) Directs the Commissioner to operate a criminal alien tracking center. (Sec. 806) Permits the Attorney General to authorize deportation hearings by electronic or telephonic media with the alien's consent or, where waived or agreed to by the parties, in the alien's absence. Title IX: Amendments to Violent Crime Control and Law Enforcement Act - Repeals provisions of the VCCLEA regarding drug courts and crime prevention provisions concerning: (1) the Ounce of Prevention Council; (2) the local crime prevention block grant program; (3) model intensive grant programs; (4) the family and community endeavor schools grant program; (5) assistance for delinquent and at-risk youth; (6) police recruitment; (7) the Local Partnership Act; (8) the National Community Economic Partnership Act; (9) urban recreation and at-risk youth; (10) community-based justice grants for prosecutors; and (11) the Family Unity Demonstration Project Act. Repeals the Violent Offender Incarceration and Truth in Sentencing Incentive Grants program under the VCCLEA.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Defines "person" to include the unborn for the purpose of the right to life guarantee of the fifth and fourteenth amendments. Prohibits any unborn person from being deprived of life by any person. States that nothing in this Amendment shall prohibit a law allowing justification to be shown for only those medical procedures required to prevent the death of the pregnant woman or her unborn offspring, as long as such law requires every reasonable effort to preserve the life of each.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts (except those derived from borrowing) for that fiscal year unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of each House by roll call vote before any bill to increase revenue may become law. Waives these provisions when a declaration of war is in effect. Waives these provisions when the United States is engaged in a military conflict which poses a threat to national security as declared by a joint resolution adopted by a majority of each House.
United States · United States Congress · 4 January 1995
Congressional Accountability Act of 1995 - Applies, by a specified conditional date, provisions of the following laws to the legislative branch: (1) the Fair Labor Standards Act of 1938; (2) title VII of the Civil Rights Act of 1964; (3) the Americans With Disabilities Act of 1990; (4) the Age Discrimination in Employment Act of 1967; (5) titles I and V of the Family and Medical Leave Act of 1993; (6) the Occupational Safety and Health Act of 1970 (OSHA); (7) provisions relating to Federal labor management relations; (8) with the exception of the U.S. Capitol Police, the Employee Polygraph Protection Act of 1988; (9) the Worker Adjustment and Retraining Notification Act; and (10) the Rehabilitation Act of 1973. Requires that an action to abate a violation of OSHA for which a citation is received take place as soon as possible, but no later than the fiscal year after the citation is issued. (Sec. 4) Establishes in the legislative branch an Office of Compliance to study and report to the Congress on: (1) the application of such laws to the legislative branch; (2) an examination of the procedures used by the instrumentalities to enforce the application of such laws; and (3) a determination as to whether to direct an instrumentality to make improvements in its regulations and procedures so as to assure that they are as effective as those specified in this Act. Authorizes the Office's Board of Directors to direct an instrumentality that has no such procedures to adopt the requisite procedures. Requires the Board to issue regulations governing such applicability which shall be subject to congressional approval. Makes applicable to the legislative branch any provision of Federal law to the extent that it relates to terms and conditions of employment (including protection from discrimination in personnel actions, health and safety of employees, and family and medical leave). Directs the Office, on an ongoing basis, to: (1) determine which of such laws should apply to the legislative branch; (2) study the application to the legislative branch of laws enacted after enactment of this Act; and (3) issue regulations to apply such laws to the legislative branch subject to congressional approval. Sets forth House and Senate procedures for concurrent resolutions to disapprove such regulations. (Sec. 6) Requires the Office to: (1) carry out an education program for Members of Congress and other employing authorities of the legislative branch respecting the laws made applicable to them and a program to inform individuals of their rights under such laws and this Act; (2) publish statistics on the use of the Office by congressional employees; and (3) develop a system for the collection of demographic data on the composition of the congressional employees. Requires the Board to submit to the Congress annual reports on the information collected under such system. (Sec. 7) Sets forth procedure for consideration of alleged violations of the laws made applicable to the legislative branch consisting of the following steps: (1) counseling through the Office; (2) mediation with the Office; (3) a formal complaint and hearing by a board; (4) judicial review if a congressional employee is aggrieved by a dismissal, final decision, or an order by the hearing board or if a head of an employing office is aggrieved by a final decision or would be subject to an order issued by such board; and (5) as an alternative to steps 3 and 4, a civil action in a U.S. district court. (Sec. 14) Declares that any intimidation of, or reprisal against, any employee because of the exercise of a right under this Act constitutes an unlawful employment practice that may be remedied in the same manner as a violation of law made applicable to the legislative branch under this Act. (Sec. 15) Requires all counseling, mediation, and hearings and deliberations of a hearing board to be confidential. Permits the records of hearing boards to be made public if required for judicial review. Authorizes the House Committee on Standards of Official Conduct and the Senate Select Committee on Ethics to have access to the hearing of the hearing board only after the board has made a decision with respect to the matter. (Sec. 17) Provides that this Act shall not be construed to authorize enforcement by the executive branch of any of the laws made applicable to congressional employees under this Act. Limits a congressional employee to the judicial proceeding provided by this Act to redress prohibited practices. (Sec. 18) Requires the Office to study and report to the Congress on: (1) the ways that public access to information held by the Congress may be improved, streamlined, and made consistent between the House and the Senate; and (2) the application of the Freedom of Information Act and the Right to Privacy Act to the legislative branch.
United States · United States Congress · 4 January 1995
Requests that the Secretary of the Interior: (1) withdraw the proposed regulations regarding rights-of-way across lands administered by the Bureau of Land Management, the National Park Service, and the U.S. Fish and Wildlife Service; and (2) reissue such proposed regulations for public review and comment only after they have been redrafted to adequately reflect and comply with all pertinent laws, executive orders, rules, regulations, and historical and legal precedents.
United States · United States Congress · 4 January 1995
Expresses the sense of the Congress that the Constitution provides that all citizens have the right to keep and bear arms and that such right supersedes the power and authority of any government.
United States · United States Congress · 4 January 1995
Expresses the sense of the Congress that the current Federal income tax deduction for interest paid on debt secured by a first or second home should not be further restricted.
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.
United States · United States Congress · 5 October 1994
Sheep Promotion, Research, and Information Act of 1994 - Directs the Secretary of Agriculture to issue a sheep and wool promotion, research, education, and information order. Includes in such order: (1) establishment of a National Sheep Promotion, Research, and Information Board; and (2) assessment of fees. Provides for approval referenda among producers, feeders, and importers. Authorizes appropriations.
United States · United States Congress · 23 September 1994
Nevada Forest Protection Act - Directs the Secretaries of Agriculture and the Interior to: (1) identify and clear of forest fuels high-fire-risk Federal forest lands in Nevada; and (2) submit to the Congress a fire prevention plan and budget. Authorizes appropriations.
United States · United States Congress · 22 September 1994
Amends the Omnibus Budget Reconciliation Act of 1990 to extend from three years to five years the period during which Medicare select policies may be issued.
United States · United States Congress · 19 September 1994
George Washington Boyhood Home Commemorative Coin Act of 1994 - Directs the Secretary of the Treasury to issue one-dollar silver coins emblematic of a profile of George Washington and a depiction of his xboyhood home. Declares that all surcharges received from coin sales shall be paid to the George Washington Boyhood Home Foundation.
United States · United States Congress · 13 September 1994
Declares that no health care legislation should be considered by the House of Representatives that would cause a sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings), or that would amend or supercede a sequestration.
United States · United States Congress · 21 August 1994
TABLE OF CONTENTS: Title I: Grants for Correctional Facilities Title II: State and Local Law Enforcement Grants Title III: Protection Against Sexually Violent Predators Title IV: Eliminating Excessive and Redundant Appeals Title V: Reform of 'Exclusionary Rule' Title VI: Truth-In-Sentencing Title VII: Prison Work Required; Luxuries Abolished Title VIII: Improving Border Controls Title IX: Enhanced Gun Penalties Title X: Violent Crime Reduction Trust Fund Title XI: Mandatory Life Imprisonment for Persons Convicted of Certain Felonies Back-To-Basics Crime Control Act of 1994 - Title I: Grants for Correctional Facilities - Directs the Attorney General to make grants to States to construct, expand, and improve prisons and jails. Authorizes specified sums to each State without conditions imposed by the Federal Government, except requirements to comply with this title and to use such funds exclusively for the construction of prisons and jails. Authorizes appropriations. Sets forth formulas for the distribution of funds in FY 1995 and in FY 1996 through 1999 based on violent crimes reported by the States to the Federal Bureau of Investigation (FBI). (Sec. 102) Specifies that 25 percent of total funds appropriated under this title shall be allocated to each eligible State according to a formula which takes into account the percentage change in the time to be served by persons convicted of violent crimes. Directs that States which have achieved a truth in sentencing standard of violent criminals serving 85 percent of prison time assessed receive the incentive funds, subject to specified requirements. Title II: State and Local Law Enforcement Grants - Requires the Attorney General to make grants to States to increase the number of law enforcement officers in service. Authorizes specified funds, without conditions imposed by the Federal Government (except that the funds be used exclusively to increase the number of law enforcement officers in service). Requires States to allocate 80 percent of their grants to local government for use by local law enforcement, as nearly as possible in proportion to the populations served by such local law enforcement agencies (LEAs). Title III: Protection Against Sexually Violent Predators - Directs the Attorney General to: (1) establish guidelines for State programs to require a sexually violent predator to register a current address with a designated State LEA upon being released from prison or being placed on parole or supervised release; and (2) approve each State program that complies with the guidelines. Makes States that do not implement and maintain such programs ineligible to receive ten percent of the funds that would otherwise be allocated to the State in drug control and system improvement grants under the Omnibus Crime Control and Safe Streets Act of 1968. Requires: (1) the determination that a person is, or is no longer, a sexually violent predator to be made by the sentencing court after receiving a report by a board of experts on sexual offenses; and (2) each State to establish a board composed of experts in the field of the behavior and treatment of sexual offenders. Sets forth provisions regarding: (1) notification regarding the duty of an offender to register and to provide any new address to a designated State LEA and of a State prison official to obtain specified information; (2) the transfer of information to the State LEA and to the FBI; (3) quarterly verification of the released offender's address; (4) penalties for failing to register and keep the registration current; (5) termination of the obligation to register; (6) community notification concerning a predator required to register; and (7) immunity for good faith conduct by LEAs, their employees, and State officials. Title IV: Eliminating Excessive and Redundant Appeals - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Establishes a two-year statute of limitations for Federal prisoners filing for collateral relief. (Sec. 406) Sets forth special habeas corpus procedures in capital cases brought by prisoners in State custody who are subject to a capital sentence. Makes such procedures contingent upon: (1) a State establishing by rule of its court of last resort or by statute a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post convictions and sentences have been upheld on direct appeal to such court or have otherwise become final; and (2) such rule or statute providing standards of competency for the appointment of counsel. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this title. Details conditions which will cause such stay to expire. Prohibits a Federal court from entering a stay of execution or granting relief in a capital case unless specified conditions are met. Sets forth lime limits for determining petitions. Authorizes the State or Government to enforce such time limits by applying to the court of appeals or the Supreme Court for a writ of mandamus. Title V: Reform of 'Exclusionary Rule' - Amends the Federal criminal code to prohibit the exclusion of evidence obtained as a result of a search or seizure, in a proceeding in a court of the United States, on the grounds that the search or seizure was in violation of the Fourth Amendment of the Constitution if it was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with such amendment. Makes the fact that evidence was obtained pursuant to and within the scope of a warrant prima facie evidence of the existence of such circumstances. Prohibits the exclusion of evidence, in a proceeding in a U.S. court, on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority. Title VI: Truth in Sentencing - Amends the Federal criminal code to permit the Bureau of Prisons to add, in its discretion, additional time to a prisoner's sentence of up to 15 percent of the prisoner's term for unsatisfactory behavior. Prohibits a sentence from being reduced for satisfactory behavior to a term less than the original sentence nominally imposed. Title VII: Prison Work Required; Luxuries Abolished - Directs the Attorney General to implement and enforce regulations which: (1) mandate prison work for all able-bodied inmates in Federal penal and correctional institutions; and (2) prohibit the Government provision in inmates' cells of television, radio, telephone, stereo, or similar amenities. (Sec. 702) Amends the Higher Education Act of 1965 to prohibit awards of Pell grants to prisoners in Federal or State penal institutions. Title VIII: Improving Border Controls - Authorizes appropriations. Authorizes and directs the Attorney General to use such funds to permit the commander of the Border Patrol to increase by at least 6,000 the number of border patrol agent positions above the number of such positions as July 1, 1994. (Sec. 802) Amends the Immigration and Nationality Act to provide for expedited deportation and exclusion of criminal aliens. Prohibits reentry of an alien into the United States during the minimum period of confinement to which the alien was sentenced. Authorizes the Attorney General to prescribe special regulations for the registration and fingerprinting of aliens on criminal probation or parole. Expands the definitions of "aggravated felony." (Sec. 805) Sets forth deportation procedures for certain criminal aliens who are not permanent residents. Grants a U.S. district court jurisdiction to enter a judicial order of deportation at the time of sentencing against an alien whose criminal conviction causes such alien to be deportable under provisions relating to conviction of an aggravated felony if requested prior to sentencing by the U.S. Attorney. (Sec. 807) Restricts defenses to deportation for certain criminal aliens. Enhances penalties for failing to depart or reentering after a final order of deportation. (Sec. 810) Authorizes appropriations for a criminal alien information system. Title IX: Enhanced Gun Penalties - Amends the Federal criminal code to enhance penalties imposed upon persons convicted of using or carrying a firearm during and in relation to the commission of a felony. (Sec. 902) Sets a mandatory minimum sentence for unlawful possession of a firearm by a convicted felon, fugitive from justice, addict or unlawful user of a controlled substance, or transferor or receiver of a stolen firearm. (Sec. 903) Increases the general penalty for violation of Federal firearms laws. Title X: Violent Crime Reduction Trust Fund - Establishes a Violent Crime Reduction Trust Fund as a separate account in the Treasury into which shall be transferred savings realized from implementation of provisions of the Federal Workforce Restructuring Act of 1994. Sets forth provisions regarding: (1) transfers into, and appropriations from, the Fund; (2) annual reporting requirements on the status of the Fund; and (3) allocation of sums in the Fund. Extends authorizations of appropriations for fiscal years for which the full amount authorized is not appropriated. Title XI: Mandatory Life Imprisonment for Persons Convicted of Certain Felonies - Amends the Federal criminal code to provide for mandatory life imprisonment for persons convicted in Federal court of a serious violent felony if: (1) the person has been convicted (and the conviction has become final) on separate prior occasions in a Federal or State court of two or more serious violent felonies, or one or more serious violent felonies and one or more serious drug offenses; and (2) each serious violent felony or serious drug offense used as a basis for sentencing under this title, other than the first, was committed after the defendant's conviction of the preceding serious violent felony or serious drug offense. Sets forth provisions regarding: (1) persons subject to the criminal jurisdiction of an Indian tribal government; and (2) resentencing upon the overturning of a prior conviction. (Sec. 1102) Prohibits the court from reducing the sentence of a defendant unless specified conditions are met, including that defendant is at least age 70, has served at least 30 years in prison for the offense or offenses for which the defendant is currently imprisoned, and a determination has been made by the Director of the Bureau of Prisons that the defendant is not a danger to the safety of any other person or the community.
United States · United States Congress · 12 August 1994
Condemns anti-Christian bigotry and all other forms of religious intolerance. Condemns individuals and organizations that foster intolerance, suspicion, hatred, or fear of individuals who: (1) hold values rooted in religious tenets; (2) participate in the political process to ensure that the laws of the Nation reflect such values; and (3) advocate public policies that are respectful of such values. Declares it to be the policy of the House of Representatives to seek to ensure that the rights of individuals to participate in the political process of the Nation are not infringed on the basis of their religious belief or affiliations.
United States · United States Congress · 26 July 1994
Establishes the National Commission on Fairness in Military Compensation to: (1) determine the extent to which military personnel or their dependents rely on food stamps, the special supplemental food program under the Child Nutrition Act of 1966, and other Federal or local assistance programs as a necessary supplement to their regular military compensation, and the circumstances that lead to such dependence; and (2) submit to the President and the Congress a report on its findings and its recommendations on possible changes in the military pay structure so that military personnel will receive adequate compensation and no longer rely on such other forms of assistance. Limits to $750,000 the total authorized expenses of the Commission. Requires the Comptroller General to audit Commission books and records in order to ensure compliance with such expense limit. Terminates the Commission 30 days after submission of its report.
United States · United States Congress · 21 July 1994
Prostate Cancer Diagnosis and Treatment Act of 1994 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of specified prostate cancer screening services and certain drug treatments for such cancer. Requires the Secretary of Health and Human Services to establish fee schedules for such services. Amends Federal law to cover such screening and treatment services for veterans as a preventive health service. Amends the Public Health Service Act to authorize appropriations for certain public health programs related to prostate cancer research and education. Directs the Administrator of the Agency for Health Care Policy and Research to: (1) conduct and support prostate cancer health services and screening and treatment procedures; and (2) provide for the development, periodic review, and updating of clinically relevant guidelines, standards of quality, performance measures, and medical review criteria.
United States · United States Congress · 19 July 1994
Expresses the sense of the Congress that the United States should not undertake any military action against Haiti unless the President first certifies to the Congress that there exists a clear and present danger to the citizens of the United States and that U.S. interests require such action.
United States · United States Congress · 13 July 1994
Forest Fire and Pest Emergency Act - Declares that the reduction of natural fuels, on Federal lands within California that have been identified as extreme fire risk, constitutes an emergency action to prevent or to reduce risk to public health or safety or to serious resource loss for the duration of the drought there. Directs Federal agencies to work with State agencies to identify areas of extreme fire risk and take action to reduce natural fuels. Authorizes the use of emergency fire suppression funds to reduce natural fuels in such areas, provided reductions in the Sierra forests are consistent with the fuels management guidelines of the California Spotted Owl EA or subsequent EIS. Directs the Forest Service to prepare a budget request declaring an emergency in areas identified as requiring additional treatments due to drought or pest infestation on National forest lands. Directs Federal agencies to prepare, and submit to the Congress, a strategic fire plan and annual budget.
United States · United States Congress · 28 June 1994
Expresses the sense of the Congress that: (1) marinas should not be treated as offshore facilities for purposes of financial responsibility requirements of the Oil Pollution Act of 1990; and (2) any regulations under such Act that require offshore facilities to demonstrate $150 million in financial responsibility should not apply to marinas.
United States · United States Congress · 9 June 1994
Social Security Account Number Anti-Fraud Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to direct the Secretary of Health and Human Services to: (1) establish, according to prescribed guidelines, an electronic program for American employers to verify the social security account and other relevant employment information to reduce the use of fraudulent social security documents for employment purposes; (2) implement the Social Security Account Number Anti-Fraud Program according to a prescribed schedule; and (3) report to the Congress on the Program's initial implementation.
United States · United States Congress · 8 June 1994
TABLE OF CONTENTS: Title I: Tax and Insurance Provisions Subtitle A: Tax Treatment of Health Care Expenses Subtitle B: Insurance Provisions Subtitle C: Employer Provisions Subtitle D: Federal Preemption Subtitle E: Report Title II: Medicare and Medicaid Reforms Subtitle A: Medicare Subtitle B: Medicaid Title III: Health Care Liability Reform Title IV: Administrative Cost Savings Subtitle A: Standardization of Claims Processing Subtitle B: Electronic Medical Data Standards Subtitle C: Development and Distribution of Comparative Value Information Subtitle D: Preemption of State Quill Pen Laws Title V: Anti-Fraud Subtitle A: Criminal Prosecution of Health Care Fraud Subtitle B: Coordination of Health Care Anti-Fraud and Abuse Activities Title VI: Antitrust Provisions Title VII: Long-Term Care Title VIII: Welfare Restrictions for Aliens Title IX: Increase in Assistance to Community and Migrant Health Centers from Residual Savings Consumer Choice Health Security Act of 1994 - Title I: Tax and Insurance Provisions - Subtitle A: Tax Treatment of Health Care Expenses - Amends the Internal Revenue Code to allow a tax credit for health care expenses based upon percentages of qualified health insurance premiums and adjusted gross income. Provides for employers to make advance payments of such credit. (Sec. 102) Allows individuals a tax credit for a percentage of contributions made to a medical care savings account established for the benefit of an eligible individual. Exempts such accounts from taxation. Establishes an excise tax for excess contributions to medical care savings accounts and makes such accounts subject to the tax on prohibited transactions. (Sec. 103) Terminates the medical expense deduction, the deduction for health insurance costs of self-employed individuals, and the exclusion for employer-provided health insurance. Subtitle B: Insurance Provisions - Part I: Federally Qualified Health Insurance Plans - Sets forth requirements for federally qualified health insurance plans, including coverage for acute medical care, cost-sharing, premium rating practices, and guaranteed issuance and renewability. Part II: Certification of Federally Qualified Health Insurance Plans - Requires States to meet standards for regulatory programs for the certification of federally qualified health insurance plans. Subtitle C: Employer Provisions - Requires employers to: (1) withhold health insurance premiums from employee wages and remit such premiums to the employee's chosen insurer; and (2) notify each employee of their right to claim an advance refundable tax credit for such premiums. (Sec. 122) Provides for the conversion of existing insurance plans to required coverage under this Act. (Sec. 125) Establishes the Benefits Cash Out Commission to propose a procedure under which individuals may cash out Federal health benefits. Provides for congressional consideration of such proposal prior to its implementation. (Sec. 126) Imposes excise taxes on employers and health insurance carriers for noncompliance with this Act. Subtitle D: Federal Preemption - Preempts specified State laws concerning health insurance. Subtitle E: Report - Requires the Secretary of Health and Human Services to report to the Congress five years after the enactment of this Act on certain aspects of health insurance coverage. Title II: Medicare and Medicaid Reforms - Subtitle A: Medicare - Directs the Secretary to study and report to the Congress on the feasibility of permitting future Medicare beneficiaries to elect, upon attaining Medicare eligibility, to retain private health insurance coverage and receive, in lieu of Medicare benefits, certificates for use in purchasing private health insurance coverage. (Sec. 202) Amends title XVIII (Medicare) of the Social Security Act (SSA) to eliminate Medicare hospital disproportionate share adjustment payments. (Sec. 203) Revises the formula to reduce the adjustment for indirect medical education. (Sec. 204) Declares that the amount payable for post-hospital extended care services furnished an individual during any spell of illness shall be reduced by a copayment equal to 20 percent of the average of all per day costs for such services. (Sec. 205) Changes payment updates for all payment rates under the hospital insurance program from a fiscal year to a calendar year basis. (Sec. 206) Revises the existing schedule to accelerate the transition to prospective rates for facility costs in hospital outpatient departments. Subtitle B: Medicaid - Amends SSA title XIX (Medicaid) to specify a cap on Federal payments for acute medical services furnished under the Medicaid program. (Sec. 212) Directs the Secretary to establish a process under which a State with an approved plan may apply for waivers of SSA requirements in order to establish innovative and cost effective programs for furnishing acute medical services to eligible Medicaid recipients. (Sec. 213) Terminates disproportionate share payments. (Sec. 214) Directs the Secretary to make grants to States for programs under which individuals with incomes below 150 percent of the income official poverty line are provided health insurance coverage, acute medical services, preventive care, and disease prevention services. Title III: Health Care Liability Reform - Health Care Liability Reform Act of 1994 - Applies this subtitle to any health care malpractice action filed in any Federal or State court and any such claim resolved through arbitration. (Sec. 303) Limits to $100,000 what any person may be required to pay in a single payment in damages for expenses to be incurred in the future, but allows for periodic payments. States that the total amount of damages received by an individual shall be reduced by any other compensatory payments received under certain Federal, State, or private programs. Sets a statute of limitations for medical malpractice liability claims of two years after an alleged injury should reasonably have been discovered, but in no event more than four years after the alleged injury occurred (or in the case of a minor under age six, no later than the tenth birthday). Sets forth limitations on attorney's fees. (Sec. 304) Prohibits the application of strict liability to any manufacturer or seller of a health care product approved by the Food and Drug Administration (FDA) for any injury alleged to have resulted from: (1) a defect in product design; or (2) a failure to warn or instruct regarding a risk posed by the product that was neither known nor reasonably knowable at the time the product left the manufacturer's or seller's control. States that a manufacturer or seller of a health care product that is to be prescribed by, or used at the direction of, a health care professional shall not be liable (except in specified circumstances) for harm allegedly caused by a failure to warn or instruct the ultimate product user or recipient (unless the FDA specifically requires a warning or instruction to the ultimate user or recipient), if the manufacturer or seller provided adequate warning or instruction to the user's or recipient's health care professional. (Sec. 305) Limits to $250,000 the total amount of noneconomic damages awardable to a plaintiff and family for losses resulting from the injury which is the subject of a medical malpractice liability action. Declares that the liability of each defendant in such an action shall be several only and not joint, and limited to the defendant's percentage of responsibility. Allows punitive damages only if clear and convincing evidence establishes that the claimant suffered harm as the result of conduct by the defendant exhibiting conscious, flagrant indifference to the health of persons who might be harmed by the product. Prohibits the award of punitive damages against a manufacturer or seller (except in specified circumstances) for harm caused by an FDA-approved health care product. Title IV: Administrative Cost Savings - Subtitle A: Standardization of Claims Processing - Directs the HHS Secretary to adopt (taking into account the recommendations of specified taskforces) standards relating to: (1) data elements for use in paper and electronic claims processing; (2) uniform claims forms; and (3) uniform electronic transmission of the data elements. Sets forth requirements for application of such standards, and their periodic review and revision. Subtitle B: Electronic Medical Data Standards - Directs the HHS Secretary to promulgate electronic medical data standards meeting specified criteria for hospitals and other providers. Sets a deadline for each hospital with a Medicare participation agreement to meet such standards. (Sec. 413) Authorizes the heads of appropriate Federal agencies, as of January 1, 2000, to require health care providers to present and transmit data elements electronically according to such standards. (Sec. 415) Directs the HHS Secretary to establish an advisory commission to monitor and advise about the standards established under this subtitle and operational concerns about their implementation. Authorizes appropriations. Subtitle C: Development and Distribution of Comparative Value Information - Requires States to develop and implement a health care value information program meeting certain criteria according to a specified schedule. Authorizes the HHS Secretary to make grants to States to enable them to develop such programs. (Sec. 422) Directs the HHS Secretary to take necessary action to implement a comparable information program in any State that fails to develop and implement one. (Sec. 423) Requires the head of each Federal agency responsible for provision of health insurance or of health care services to individuals to develop promptly health care comparative value information. Subtitle D: Preemption of State Quill Pen Laws - Preempts any State law that requires medical or health insurance records (including billing information) to be maintained in written rather than electronic form. Title V: Anti-Fraud - Subtitle A: Criminal Prosecution of Health Care Fraud - Amends the Federal criminal code to impose penalties upon a health care provider that knowingly engages in any scheme or artifice to defraud a person in connection with the provision of health care. (Sec. 502) Authorizes the Attorney General to pay a reward of up to $10,000 to a person who furnishes information unknown to the Government relating to a possible prosecution for health care fraud, with exceptions. Subtitle B: Coordination of Health Care Anti-Fraud and Abuse Activities - Amends the Social Security Act to provide for: (1) the application of Federal health anti-fraud and abuse sanctions to all fraud and abuse against any health insurance plan; and (2) treble damages for making or causing to be made false statements or representations involving Medicare or State health care programs, for illegal remuneration, and for false statements or representations with respect to the condition or operation of health care institutions. Directs the Secretary of Health and Human Services, in consultation with State and local health care officials, to: (1) identify opportunities for the satisfaction of community service obligations that a court may impose upon the conviction of a criminal offense involving Medicare or State health care programs; and (2) make information concerning such opportunities available to Federal and State law enforcement officers and State and local health care officials. Title VI: Antitrust Provisions - Exempts from the antitrust laws specified "safe harbor" activities related to the provision of health care services. Sets forth provisions regarding the award of attorney fees and costs of suit to the prevailing party in an action based on a claim involving activity found to be exempt. (Sec. 602) Lists as safe harbors specified: (1) activities relating to health care services of combinations of health care providers with market share below a specified threshold; (2) activities of medical self-regulatory entities relating to standard setting or enforcement activities not conducted for purposes of financial gain; (3) participation of a health care provider in a written survey of the prices of services, reimbursement levels, or the compensation and benefits of employees and personnel; (4) activities relating to health care joint ventures for high technology and costly equipment and services; (5) activities relating to hospital mergers; (6) joint purchasing arrangements; and (7) negotiations. (Sec. 603) Directs the Attorney General to publish a notice in the Federal Register soliciting proposals for additional safe harbors and to review and report to the Congress on proposed safe harbors. Sets forth criteria in establishing safe harbors, including: (1) the extent to which a competitive or collaborative activity will accomplish an increase in health care access and quality, the establishment of cost efficiencies, and increased ability of health care facilities to provide services in medically underserved areas or to underserved populations; and (2) whether designation as a safe harbor will result in specified desirable outcomes. (Sec. 604) Directs the Attorney General to issue certificates of review for providers of health care services and to assist persons in applying for such certificates. Sets forth provisions regarding applications for, revocation of, and review of determinations regarding such certificates. Limits the disclosure of information. (Sec. 605) Sets forth provisions regarding notifications providing for a reduction in certain penalties under the antitrust laws for health care cooperative ventures. (Sec. 606) Directs the Attorney General to: (1) review the safe harbors and certificates of review periodically; and (2) promulgate such rules, regulations, and guidelines as necessary to carry out provisions of this title. Title VII: Long-Term Care - Amends the Internal Revenue Code to exclude from gross income certain amounts withdrawn from individual retirement accounts and certain employer cash or deferred arrangements to pay long-term care premiums. (Sec. 702) Provides for the nonrecognition of gain or loss on the exchange of any life insurance contract or an endowment or annuity contract for a long- term care insurance contract. (Sec. 703) Provides for the exclusion as a death benefit of any amount paid or advanced to an individual under a life insurance contract because such individual is terminally ill, or chronically ill and has been permanently confined to a qualified facility. Title VIII: Welfare Restrictions for Aliens - Makes aliens (with exceptions for refugees, aged, and current residents) ineligible for specified public welfare assistance (except for emergency medical assistance). Amends the Social Security Act to require State Aid to Families with Dependent Children (AFDC) agencies to provide information on illegal aliens to the Immigration and Naturalization Service. Title IX: Increase in Assistance to Community and Migrant Health Centers From Residual Savings - Directs the HHS Secretary to provide for a program of grants to migrant and community health centers to promote primary health care services for underserved individuals. Authorizes appropriations. (Sec. 901) Requires the Secretary to study and report to Congress on the impact of such grants on access to health care, birth outcomes, and the use of emergency room services.
United States · United States Congress · 26 May 1994
Firefighters Pay Fairness Act of 1994 - Amends Federal law to extend existing biweekly pay period and pay computation requirements to Federal fire fighters and employees of the judicial branch. Repeals the current exception from such requirements of employees on the Isthmus of Panama in the service of the Panama Canal Commission. States that, for fire fighters, the annual rate of basic pay shall be calculated on the basis of 26 administrative biweekly work periods of up to 106 hours each. Prescribes a formula for computing the basic biweekly pay of Federal employees who are not fire fighters but perform fire fighting duties. Requires compensation at time-and-a-half per hour for any hours worked in excess of 106 during a biweekly pay period by fire fighters subject to the Fair Labor Standards Act of 1938. Specifies limits on the payment of other premium pay to such fire fighters. Prescribes basic rates of pay for fire fighters: (1) promoted to a supervisory position; and (2) selected and assigned for training. Authorizes a Federal agency to pay cash awards of up to five percent of basic pay to fire fighters or other employees performing fire fighting duties who possess and make substantial use of special skills or certifications, including handling hazardous materials or certification as an emergency medical technician.
United States · United States Congress · 26 May 1994
Expresses the sense of the House of Representatives that for purposes of issuing final guidelines under title VII of the Civil Rights Act of 1964 relating to unlawful harassment in employment, the Equal Employment Opportunity Commission should exclude harassment based on religion.
United States · United States Congress · 24 May 1994
Designates September 16, 1994, as National POW/MIA Recognition Day. Requires the display of the National League of Families POW/MIA flag at: (1) all national cemeteries and the National Vietnam Veterans Memorial on May 30, 1994 (Memorial Day), September 16, 1994 (National POW/MIA Recognition Day), and November 11, 1994 (Veterans Day); and (2) the White House and the buildings containing the primary offices of the Secretaries of State, Defense, and Veterans Affairs and the Director of the Selective Service System on September 16, 1994 (National POW/MIA Recognition Day).
United States · United States Congress · 24 May 1994
Instructs the House Committees on Agriculture; Banking, Finance and Urban Affairs; Government Operations; the Judiciary; and Small Business to commence hearings on issues within their jurisdiction relating to Madison Guaranty Savings and Loan Association, Whitewater Development Corporation, Capital Management Services Inc., Ray E. Friedman and Company, Lasater and Company, and such appropriate related issues by August 15, 1994, and to submit written findings concerning such matter to the House by the sine die adjournment of the Congress. Directs the respective committees to work to accommodate the work of Special Counsel Robert B. Fiske, Jr., and to not grant immunity, under specified provisions of the Federal criminal code, over the objection of the Special Counsel to any witness called to testify at these hearings. Instructs the Speaker and the majority and minority leaders to meet to determine the appropriate timetable, procedures, and other relevant issues relating to congressional oversight.
United States · United States Congress · 11 May 1994
Veterans' Persian Gulf War Benefits Act - Directs the Secretary of Veterans Affairs to: (1) develop and expeditiously implement a uniform case assessment protocol that will ensure thorough assessment, diagnosis, and treatment of all Persian Gulf War veterans suffering from illnesses attributed to service in the Persian Gulf theater of operations during the Persian Gulf War; (2) expedite efforts to develop case definitions or diagnoses for illnesses associated with such service; and (3) develop and implement a comprehensive outreach program to inform such veterans and their families of health-care services, including comprehensive medical evaluations, that may be available through the Department of Veterans Affairs or the Department of Defense. Directs the Secretary to pay compensation to Persian Gulf War veterans suffering from a chronic disability resulting from an undiagnosed illness that became manifest to a degree of ten percent or more within one year after completion of active duty in the Gulf War, with exceptions. Terminates compensation payments three years after the date of enactment of this Act. Authorizes appropriations to the Department of Veterans Affairs for: (1) FY 1995 through 1997 for conducting research of the health risk and effects of service during the Gulf War and the treatment of such effects; and (2) FY 1995 for a survey of Persian Gulf veterans as to the incidence and nature of health problems occurring in such veterans and their families.
United States · United States Congress · 11 May 1994
Expresses the sense of the House of Representatives that Members of Congress should have the opportunity to offer, debate, and vote on an amendment striking any employer mandate in any legislation to reform our health care system.
United States · United States Congress · 5 May 1994
Charitable Contributions Encouragement Act of 1994 - Amends the Internal Revenue Code to allow taxpayers who do not itemize deductions to deduct a portion of their charitable contributions. Excludes the deduction for charitable contributions from the overall limitation on itemized deductions.
United States · United States Congress · 21 April 1994
TABLE OF CONTENTS: Title I: Establishment of the Social Security Administration as an Independent Agency Title II: Miscellaneous Improvements to the Old-Age Survivors, and Disability Insurance Program Social Security Administrative Reform Act of 1994 - Title I: Establishment of the Social Security Administration as an Independent Agency - Amends title VII (Administration) of the Social Security Act (SSA) to establish as an independent executive agency the Social Security Administration, governed by a Social Security Board, to administer the Old Age, Survivors and Disability Insurance (OASDI) program and the Supplemental Security Income (SSI) program under SSA titles II and XVI. (Sec. 102) Establishes in the Administration an Office of the Beneficiary Ombudsman. (Sec. 104) Transfers to the Board all functions carried out by the Secretary of Health and Human Services (HHS) pertaining to such programs. (Sec. 107) Requires the Board to report to the Congress within 120 days after the beginning of each regular session of its administration under SSA. Requires the Secretary to study and make recommendations on the most effective methods of providing economic security and on the administrative policy for SSA programs administered by the Secretary. Title II: Improvements (sic) to the Old Age, Survivors, and Disability Insurance Program - Amends SSA titles II and XVI with respect to the payment of disability benefits to substance abusers. (Sec. 202) Amends SSA titles II and related provisions of Federal law with respect to: (1) OASDI trust fund administration, including the creation of a Continuing Disability Review Account in the Federal Disability Insurance Trust Fund; (2) telephone access to local Social Security Administration offices; (3) OASDI coverage of State election personnel, police officers, and fire fighters; (4) use of social security numbers for jury selection and in administration of Federal workers' compensation laws; (5) totalization benefits, military reservists, and application of windfall elimination and Government pension offset provisions; (6) facility-of-payment provisions; (7) maximum family benefits in guarantee cases; (8) annual earnings filing; (9) disability insurance program demonstration project authority; (10) cross-matching of social security number information and employer ID number information maintained by the Department of Agriculture; (11) retirement eligibility for Federal employees transferred to International Organizations; (12) treatment of certain visas; and (13) rounding when calculating OASDI contribution and benefit base and earnings test exempt amounts. (Sec. 208) Provides a limited exemption from certain self-employment tax liability for individuals performing religious services in Canada. (Sec. 213) Amends SSA title XI with regard to: (1) disclosure of mortality information for research purposes; (2) misuse of HHS and Treasury symbols, emblems, or names in reference to social security programs and agencies, and associated penalties; and (3) penalties for unauthorized disclosure of social security information. (Sec. 219) Amends the Railroad Retirement Solvency Act of 1983 concerning certain transfers to the Railroad Retirement Account. (Sec. 223) Directs the Secretary to appoint a Commission on the Evaluation of Disability in Children to study and report to the Congress on SSI's definition of "disability" and how it applies with respect to children.
![Official portrait of Rep. Vucanovich, Barbara F. [R-NV-2]](https://www.congress.gov/img/member/v000124_200.jpg)