United States · United States Congress · 18 January 1995
TABLE OF CONTENTS: Title I: Private Securities Litigation Title II: Financial Disclosure Private Securities Litigation Reform Act of 1995 - Title I: Private Securities Litigation - Amends the Securities Exchange Act of 1934 (the Act) to prohibit brokers or dealers from soliciting or accepting referral fees from an attorney for obtaining the representation of a customer in any implied private action. Prohibits the use of disgorgement funds resulting from actions brought by the Securities Exchange Commission (the Commission) to pay legal expenses incurred by private parties seeking distribution of such funds. Modifies the guidelines for class action litigation, including: (1) recovery by named plaintiffs in the same manner as all other members of the class; (2) court determination of conflicts of interest on the part of counsel with a beneficial interest in the securities that are the subject of the litigation; (3) restrictions on settlements under seal; (4) restrictions on payment of attorney's fees from settlement funds; (5) disclosure of settlement terms to class members; (6) special verdicts; and (7) the threshold enabling a plaintiff to obtain certification as representative for the class. Prescribes procedural guidelines for alternative dispute resolution. Establishes a limitations period for implied private rights of action. Provides for a court-appointed guardian ad litem or class action steering committee to oversee counsel and settlement offers for the plaintiff class. Delineates the requirements for securities fraud actions. Amends the Racketeer Influenced and Corrupt Organizations statute to exclude from its purview an action involving fraud in the sale of securities. Title II: Financial Disclosure - Directs the Commission to re-examine the regulatory and judicial framework with respect to predictive statements ("forward-looking statements") concerning the future economic performance of an issuer of securities. Amends the Securities Exchange Act of 1934 to prescribe litigation procedures governing safe harbors for forward-looking statements. Modifies requirements for audits conducted by an independent public accountant of an issuer's financial statements to include procedures to: (1) detect illegal acts; (2) identify related party transactions material to financial statements; and (3) evaluate an issuer's ability to continue as a going concern. Sets forth notification and reporting guidelines for a public accountant who detects illegal activities during the course of an audit. Limits such auditor's liability for complying with such guidelines. Establishes civil penalties for an auditor's noncompliance with this Act. Modifies the allocation of damages scheme to distinguish between primary degrees of responsibility and the application of proportionate liability. Directs the Commission to establish a Public Auditing Self-Disciplinary Board (the Board). Prohibits a public accounting firm from furnishing an accountant's report on any document required to be filed with the Commission unless it has registered with the Board. Requires the Board to establish guidelines for: (1) investigations and disciplinary proceedings against public accounting firms; and (2) criteria for certification of public accountant peer review organizations. Grants the Commission responsibility for oversight of the Board. Includes within Board jurisdiction a foreign public accounting firm that furnishes accountant's reports on any document required to be filed with the Commission.
United States · United States Congress · 17 January 1995
Constitutional Amendment - Limits a person to three consecutive terms in the Senate and seven consecutive terms in the House of Representatives (excluding partial terms in each case).
United States · United States Congress · 12 January 1995
Regulatory Transition Act of 1995 - Establishes a moratorium on Federal regulatory rulemaking actions from November 9, 1994, through June 30, 1995, with certain emergency exceptions for presidentially designated imminent threats to health or safety, or actions necessary for enforcement of criminal laws. Suspends until July 1, 1995, starting 30 days after enactment of this Act, the effectiveness of any such action taken after November 9, 1994, but before enactment of this Act. Requires the President to inventory and publish in the Federal Register a list of all covered regulatory rulemaking actions pending on the date of enactment of this Act. Authorizes civil actions by anyone adversely affected by any conduct of a Federal agency in violation of this Act.
United States · United States Congress · 5 January 1995
Immigration Moratorium Act of 1994 - Imposes a five-year immigration moratorium, with exceptions for refugees, certain priority and skilled workers, and immediate relatives of U.S. citizens and permanent resident aliens.
United States · United States Congress · 4 January 1995
Davis-Bacon Repeal Act - Repeals the Davis-Bacon Act (an Act which requires that the locally prevailing wage rate be paid to various classes of laborers and mechanics working under federally-financed or federally-assisted contracts for construction, alteration, and repair of public buildings or public works). Repeals the Copeland Act (an Act which requires certain payroll information reports from Federal contractors to prevent kickbacks).
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Incarceration of Violent Criminals Title II: State and Local Law Enforcement Assistance Title III: Federal Emergency Law Enforcement Assistance Act Title IV: Criminal Penalties Title V: Federal Criminal Procedure Reform Title VI: Prevention of Terrorism Title VII: Miscellaneous and Technical Provisions Subtitle A: Elimination of Certain Programs Subtitle B: Amendments Relating to Violent Crime Control Subtitle C: Amendments Relating to Courts and Sentencing Subtitle D: Miscellaneous Amendments Violent Crime Control and Law Enforcement Improvement Act of 1995 - Title I: Incarceration of Violent Criminals - Revises the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to authorize the Attorney General to make grants to individual States and to States organized as multi-State compacts to construct, develop, expand, modify, operate, or improve conventional correctional facilities. Conditions eligibility to receive such grants, in the case of a State that on the enactment date of this Act practices indeterminant sentencing, on the State submitting an application that includes a demonstration that average times served for the offenses of murder, rape, robbery, and assault in the State exceed by at least ten percent the national average of time served for such offenses in all of the States. (Sec. 102) Repeals specified provisions of the VCCLEA concerning the punishment of young offenders. (Sec. 103) Repeals specified VCCLEA provisions regarding the civil rights of institutionalized persons. Amends the Civil Rights of Institutionalized Persons Act to prohibit any civil action for deprivation of rights from being brought by an adult convicted of a crime confined in any correctional facility until available plain, speedy, and effective administrative remedies are exhausted. Specifies that such exhaustion of administrative remedies may not be required unless the Attorney General has certified or the court has determined that such remedies are in substantial compliance with specified minimum acceptable standards (as under current law) or are otherwise fair and effective. Requires the court to dismiss any such action if satisfied that the action fails to state a claim upon which relief can be granted or is frivolous or malicious. Repeals a provision requiring that the minimum standards provide for an advisory role for employees and inmates in the formulation, implementation, and operation of the system. Requires the Attorney General to develop a procedure for the prompt review and certification of systems for the resolution of grievances of adults confined in any correctional or pretrial detention facility if such systems are in substantial compliance with the minimum standards (current law) or are otherwise fair and effective. Authorizes the Attorney General to suspend or withdraw certification at any time he has reasonable cause to believe that such procedure is no longer in substantial compliance or is no longer fair and effective. Amends the Federal judicial code to authorize the court to request an attorney to represent a person financially unable to employ counsel (current law) at any time. Requires (current law authorizes) the court to dismiss the case if the allegation of poverty is untrue, or if satisfied that the action is frivolous or malicious. Requires: (1) a prisoner in a correctional institution who files an affidavit of indigence to include a statement of all assets such prisoner possesses; and (2) the court to make inquiry of the institution for information relating to the extent of the prisoner's assets and to require full or partial payment of filing fees according to the prisoner's ability to pay. (Sec. 104) Requires the Attorney General to submit a report to the Congress that describes a strategy for employing more Federal prison inmates. (Sec. 105) Repeals specified VCCLEA provisions requiring the Bureau of Prisons to provide residential substance abuse treatment. Requires the Bureau's report to the Congress to include a full examination and evaluation of the effectiveness of the treatment in reducing drug use among prisoners. Title II: State and Local Law Enforcement Assistance - Amends the VCCLEA to replace provisions of title I setting forth the Public Safety Partnership and Community Policing Act of 1994 with a State and local law enforcement block grant program. Directs the Attorney General to make grants to States for use by State and local governments to: (1) hire, train, and employ on a continuing basis, new law enforcement officers and necessary support personnel; (2) pay overtime to currently employed officers and personnel; (3) procure equipment, technology, and other material that is directly related to basic law enforcement functions; and (4) establish and operate cooperative programs between community residents and law enforcement agencies for the control, detection, or investigation of crime or the prosecution of criminals. Sets forth provisions regarding: (1) law enforcement trust funds; (2) allocation and distribution of funds; (3) fund disbursement; (4) application requirements; and (5) limitations on the use of funds. Authorizes appropriations. Title III: Federal Emergency Law Enforcement Assistance Act - Amends the VCCLEA to increase the authorization of appropriations for: (1) the Federal Bureau of Investigation (FBI); (2) U.S. Attorneys; and (3) the Drug Enforcement Administration. Title IV: Criminal Penalties - Makes serious juvenile drug offenses Armed Career Criminal Act predicates. (Sec. 402) Provides for adult prosecution of serious juvenile offenders. Repeals VCCLEA provisions directing the court, in determining whether to transfer a juvenile to adult status, to consider the extent to which the juvenile played a leadership role in an organization or otherwise influenced others to take part in criminal activities involving the use or distribution of controlled substances or firearms. Requires a juvenile who was 13 years of age or older on the date of the commission of specified crimes of violence to be prosecuted as an adult in Federal court. Prohibits the incarceration of any such juvenile in an adult prison. Specifies that if a juvenile prosecuted under such provision is convicted, the juvenile shall be entitled to file a petition for resentencing pursuant to applicable sentencing guidelines when the juvenile reaches age sixteen. Direct the U.S. Sentencing Commission (Commission) to promulgate or amend existing guidelines to carry out such provisions. Authorizes the Commission, for such resentencing determinations, to permit sentencing adjustments that provide for supervised release for defendants who have clearly demonstrated an exceptional degree of responsibility for the offense and a willingness and ability to refrain from further criminal conduct. Repeals specified VCCLEA provisions regarding the prosecution as adults of such juveniles for crimes of violence, including a prohibition against prosecuting as adults certain persons subject to the criminal jurisdiction of an Indian tribal government for an offense the Federal jurisdiction for which is predicated solely on Indian country. (Sec. 403) Authorizes the court to impose a specified term of supervised release, or a fine that would be authorized if the juvenile had been convicted as an adult, for juvenile offenders. (Sec. 404) Requires that juveniles found guilty of certain offenses be fingerprinted and photographed, with such fingerprints and photographs sent to the FBI's Identification Division. Directs the court to transmit to such division information concerning the adjudication. (Sec. 405) Amends the Controlled Substances Act (CSA) to: (1) set a mandatory minimum sentence of ten years' imprisonment of a person age 21 or older who is convicted of employing persons under age 18 in drug operations; and (2) make such mandatory minimum sentence life imprisonment for that offense after a prior conviction of such offense. Prohibits the court from placing on probation or suspending the sentence of any such person. Revises CSA provisions to apply specified penalties for distribution to persons under age 18 (currently, under 21) and to increase such penalties, except for offenses involving five grams or less of marijuana. Repeals a VCCLEA provision directing the Commission to provide an appropriate penalty enhancement for a defendant convicted of drug dealing in a drug-free zone. Increases penalties for such offense, except where the offense involves five grams or less of marijuana. (Sec. 406) Repeals specified VCCLEA provisions regarding the applicability of mandatory minimum penalties in certain cases. Directs the court, notwithstanding the requirement of a mandatory minimum sentence, to impose a sentence in accordance with this section and the sentencing guidelines and any pertinent policy statement issued by the Commission if specified circumstances exist (e.g., that the defendant does not have any criminal history points under the sentencing guidelines, the offense did not result in death or serious bodily injury, and the Government certifies that the defendant has timely and truthfully provided it with all information and evidence the defendant has concerning the offense). Authorizes the Commission to make such amendments as necessary and appropriate to harmonize the sentencing guidelines and policy statements with, and promulgate policy statements to assist the courts in interpreting, this section. Directs the Commission to amend the sentencing guidelines, if necessary, to assign specified drug offenses to which a mandatory minimum term of imprisonment applies, a guideline level that will result in the imposition of a term at least equal to the mandatory term that is currently applicable, unless a downward adjustment is authorized under this section. (Sec. 407) Increases mandatory minimum sentences for using firearms during and in relation to any crime of violence or drug trafficking crime. (Sec. 408) Repeals specified VCCLEA provisions concerning arson. Increases penalties and extends the statute of limitations for arson. (Sec. 409) Includes within the offense of kidnapping travel in interstate or foreign commerce, or using the mails or a facility in such commerce, in furtherance of the offense. Title V: Federal Criminal Procedure Reform - Amends the Federal criminal code to provide that, in a criminal proceeding, any attorney who files in a U.S. court a brief, motion, answer, pleading, or other signed document that the attorney knows to contain a false statement of material fact or a false statement of law, shall be found guilty of obstruction of justice. (Sec. 502) Specifies that Federal rules of conduct adopted by the Attorney General shall govern the conduct of prosecutions in Federal court. (Sec. 503) Revises rule 24(b) of the Federal Rules of Criminal Procedure to entitle a defendant tried alone to six, but defendants tried jointly to ten, peremptory challenges. (Sec. 504) Amends the Federal judicial code to provide that on each committee that makes recommendations concerning rules that affect criminal cases, the number of members who represent or supervise the representation of defendants in the trial, direct review, or collateral review of criminal cases shall not exceed the number who represent the Government or a State. (Sec. 505) Sets forth provisions regarding the reimbursement of attorney fees in certain cases involving current or former attorneys, agents, or employees of the Department of Justice or the Federal Public Defender who are the subject of criminal or disciplinary investigations. (Sec. 506) Provides for mandatory restitution to victims of violent crimes. Permits a court, in addition to ordering restitution of the victim of the offense of which a defendant is convicted, to order restitution of any person who was harmed physically or pecuniarily by unlawful conduct of the defendant during the criminal episode during which the offense occurred, or the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Directs the court to order restitution to a victim in the full amount of the victim's losses as determined by the court 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. Sets forth provisions regarding: (1) the form of payments of a restitution order; (2) multiple offenders and multiple victims; (3) setoffs against amounts later recovered as compensatory damages; (4) the effect of a restitution order (constitutes a lien against the offender's property); (5) payment schedules; (6) enforcement of restitution orders; and (7) procedures for issuing such orders. (Sec. 507) Amends the Federal criminal code to place the burden of proving (by a preponderance of the evidence) that a confession was not voluntary on the defendant. Provides that evidence: (1) obtained as a result of a search or seizure that is otherwise admissible in a Federal criminal proceeding shall not be excluded in a proceeding in a U.S. court on the ground that the search or seizure was in violation of the Fourth Amendment to the Constitution; and (2) shall not be excluded in a proceeding in a U.S. court on the ground that it was obtained in violation of a statute, an administrative rule, or a rule of court procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court. Amends the Federal judicial code to make the United States liable for damages resulting from a search or seizure conducted by an investigative or law enforcement officer, acting within the scope of the officer's office or employment, in violation of the Fourth Amendment to the Constitution. Provides for the award of actual and punitive damages, subject to specified limitations. Subjects such an officer to appropriate discipline in the discretion of the Federal agency employing the officer if that agency determines, after notice and hearing, that the officer conducted the search or seizure lacking a good faith belief that the search or seizure was constitutional. Makes the remedy under this section the exclusive civil remedy for such Fourth Amendment violations. Sets forth provisions regarding attorney fees and costs and the applicability of other tort claims procedures. (Sec. 508) Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. Specifies that: (1) there shall be no right of appeal from a final order in a habeas corpus proceeding; and (2) unless a circuit justice or judge issues a certificate of probable cause, an appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State or Federal court. Permits such certificate to issue only if the petitioner has made a substantial showing of the denial of a Federal constitutional right. Requires the certificate to indicate which specific issue or issues satisfy the showing. Provides that if the applicant has failed to develop the factual basis of a claim in State court proceedings, the Federal court shall not hold an evidentiary hearing on the claim unless: (1) the claim relies on a new rule of constitutional law, made retroactive by the Supreme Court, that was previously unavailable or on a factual predicate that could not have been previously discovered through the exercise of due diligence; and (2) the facts underlying the claim would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the petitioner guilty of the underlying offense or eligible for the death penalty under State law. Requires that a second or successive motion be certified by a panel of the appropriate Federal Court of Appeals to contain: (1) newly discovered evidence sufficient to undermine the court's confidence in the factfinder's determination of the prisoner's guilt of the offense or offenses for which the sentence was imposed; or (2) a new rule of constitutional law, made retroactive by the Supreme Court, that was previously unavailable. Sets further limitations on second or successive petitions. (Sec. 510) Sets forth special habeas corpus procedures in capital cases. Requires (with exceptions): (1) a district court to render a final determination of a petition for a writ of habeas corpus brought in a capital case within 180 days after the date on which the petition is filed; and (2) a court of appeals to hear and render a final determination of any appeal of an order granting or denying such a petition within 120 days after the date on which the reply brief is filed and to decide whether to grant a petition or other request for rehearing en banc within 30 days after the date on which the petition for rehearing is filed. Sets forth provisions regarding failure to render a timely determination. Requires the Administrative Office of U.S. Courts to submit to the Congress an annual report on the compliance by the district courts and courts of appeals with the time limitations under this section. Title VI: Prevention of Terrorism - Amends the Federal criminal code to set penalties for: (1) willful violation of Federal Aviation Administration (FAA) security regulations; and (2) threatening to assault, kidnap, or murder former Federal officials in the performance of official duties. (Sec. 603) Grants the Attorney General wiretap authority for alien smuggling and related offenses. Makes alien smuggling a predicate to a violation of the Racketeer Influenced and Corrupt Organizations Act (RICO). (Sec. 604) Sets forth provisions regarding: (1) authorization for interceptions of communications in certain terrorism-related offenses; (2) participation of foreign and State government personnel in interceptions of communications; and (3) disclosure of intercepted communications to foreign law enforcement agencies. (Sec. 607) Amends the Immigration and Nationality Act (INA) to establish procedures to apply whenever the Attorney General certifies under seal to a special court (established pursuant to this section) that: (1) the Attorney General or Deputy Attorney General has approved of the proceeding; (2) an alien terrorist is physically present in the United States; and (3) removal of such terrorist by deportation proceedings would pose a risk to national security because such proceedings would disclose classified information. Directs the Chief Justice of the United States to publicly designate up to seven judges to hear and decide such cases. Sets forth procedures for a special removal hearing, including provision for appointment of counsel and appeals. (Sec. 608) Declares that the territorial sea of the United States (extending to 12 miles) is part of the United States, subject to its sovereignty, and for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States. (Sec. 609) Extends Federal criminal jurisdiction over certain terrorism offenses overseas. (Sec. 610) Directs the Administrator of the FAA to issue regulations requiring FAA employees and agents to report to appropriate Federal and State law enforcement officers discoveries of controlled substances or cash in excess of $10,000. (Sec. 611) Amends the INA to permit the Attorney General to: (1) authorize an application to a Federal court of competent jurisdiction for, and a judge of such court to grant, an order authorizing disclosure of information contained in the application of the alien (as a result of an investigation of the alien by an investigative or law enforcement officer) that is necessary to locate and identify the alien under specified circumstances; and (2) furnish information under this section with respect to an alien to an official coroner for purposes of permitting the coroner to identify a deceased individual and to others under specified circumstances. (Sec. 612) Permits, in the exercise of comity, the surrender of persons, other than citizens, nationals, or permanent residents of the United States, who have committed crimes of violence against U.S. nationals in foreign countries without regard to the existence of any extradition treaty with such foreign government if the Attorney General certifies in writing that: (1) evidence has been presented by the foreign government that indicates that had the offenses been committed in the United States they would constitute crimes of violence; and (2) the offenses charged are not of a political nature. (Sec. 613) Requires the Director of the FBI to report to the Congress on the effectiveness of provisions of the VCCLEA regarding the prohibition against providing material support to terrorists. (Sec. 614) Increases penalties for terrorism crimes. (Sec. 615) Sets penalties and procedures with respect to criminal offenses committed outside the United States by persons accompanying the armed forces. Title VII: Miscellaneous and Technical Provisions - Subtitle A: Elimination of Certain Programs - Repeals specified VCCLEA provisions regarding: (1) the Ounce of Prevention Council; (2) local crime prevention block grants; (3) model intensive grants; (4) family and community endeavor schools grants; (5) assistance for delinquent and at-risk youth; (6) police recruitment; (7) the Local Partnership Act; (8) national community economic partnership; (9) urban recreation and at-risk youth; (10) community-based justice grants for prosecutors; (11) the family unity demonstration project; (12) residential substance abuse treatment for State prisoners; (13) gang resistance education and training; (14) drug courts; and (15) the presidential summit on violence and the National Commission on Crime Prevention and Control. Subtitle B: Amendments Relating to Violent Crime Control - Repeals specified VCCLEA provisions regarding violent crime and drug emergency areas. (Sec. 712) Revises specified Federal criminal code provisions regarding violent crimes in aid of racketeering activity to increase penalties for such offenses and to expand the scope of the offenses covered by such provisions. (Sec. 713) Grants the Attorney General and the FBI authority to investigate serial killings in violation of the laws of a State or political subdivision when requested by the head of a law enforcement agency with investigative or prosecutive jurisdiction over the offense. (Sec. 714) Subjects a person who conspires to commit any of specified firearms or explosives offenses to the same penalties (other than the death penalty) as those prescribed for the offense the commission of which was the object of the conspiracy. (Sec. 715) Increases penalties for violence in the course of riot offenses. (Sec. 716) Sets forth provisions regarding: (1) pretrial detention for possession of firearms or explosives by convicted felons; (2) elimination of the scienter element for carjacking; (3) theft of vessels; (4) RICO conspiracy (clarification that it is not necessary to establish that the defendant agreed personally to commit any acts of racketeering activity to be liable); (5) addition of attempts to cause bodily injury under the interstate domestic violence offense; (6) addition of foreign murder as a money laundering predicate; (7) inclusion of other felony crimes of violence under provisions regarding the use of interstate commerce facilities in the commission of murder-for-hire; and (8) inclusion of threats to use a weapon of mass destruction within provisions regarding the use of such weapons. Subtitle C: Amendments Relating to Courts and Sentencing - Amends the Federal criminal code, Federal judicial code, and rule 35 of the Federal Rules of Criminal Procedure to allow a reduction of sentence for providing substantial assistance in an investigation of any offense. (Sec. 732) Repeals a requirement from the Government appeal statute that the U.S. attorney certify to the district court that an appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding. (Sec. 735) Amends the Federal criminal code and rule 35 to place limits on a reduction of sentence for substantial assistance of a defendant. (Sec. 736) Grants a court the authority to impose a sentence of probation or supervised release when reducing a sentence of imprisonment in certain cases. (Sec. 739) Extends the Parole Commission to deal with "old law" prisoners. (Sec. 741) Repeals provisions barring Federal prosecution of specified offenses. Subtitle D: Miscellaneous Amendments - Makes technical and conforming amendments to the Federal criminal code, CSA, and Controlled Substances Import and Export Act. (Sec. 754) Sets penalties for larceny involving post office boxes and postal stamp vending machines. (Sec. 757) Applies various offenses to U.S. possessions and territories. (Sec. 760) Grants courts authority to order a cable operator not to notify the subscriber of the existence of a subpoena or court order issued to such operator for basic subscriber information in connection with proceedings before a Federal grand jury.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Legislative Accountability and Reform Title II: Regulatory Accountability and Reform Title III: Review of Unfunded Federal Mandates Title IV: Judicial Review Unfunded Mandate Reform Act of 1995 - Prohibits the application of this Act to any proposed Federal legislation or proposed or final Federal regulation that: (1) enforces the constitutional rights of individuals; (2) establishes or enforces any statutory rights that prohibit various specified types of discrimination; (3) requires compliance with accounting and auditing procedures with respect to grants or other money or property provided by the Federal Government; (4) provides for emergency assistance or relief at the request of any State, local, or tribal government (small government); or (5) is designed as emergency legislation or is necessary for national security or international treaty purposes. Requires each Federal agency to provide to the Director of the Congressional Budget Office (CBO) such information and assistance as the Director may reasonably request to assist him or her in carrying out this Act. Title I: Legislative Accountability and Reform - Amends the Congressional Budget and Impoundment Control Act of 1974 and the Congressional Budget Act of 1974 with respect to unfunded Federal mandates. (Sec. 101) Includes tribal governments and the private sector within the purview of mandate analysis by CBO and congressional committees. Requires authorization committees to identify to CBO any Federal mandates in legislation ordered to be reported. Requires the report accompanying any reported legislation with a Federal mandate to contain statements on whether the legislation is intended to preempt any State, local, or tribal law (and the reasons for such intention), as well as individual mandate descriptions, cost-benefit analyses, and statements regarding Federal financial assistance to State, local, and tribal governments for meeting mandate costs. Requires the CBO Director, for each piece of legislation, to prepare and submit the authorizing committee certain statements estimating the direct costs of mandate compliance and the amount of new or increased Federal financial assistance needed to meet such costs, if the estimates indicate at least a $50 million per fiscal year direct cost of all intergovernmental mandates in the legislation, or a $200 million per fiscal year direct cost of private sector mandates. Makes it out of order for the Senate to consider: (1) any reported nonappropriations legislation unless it has a CBO Director report; or (2) any reported nonappropriations legislation containing a Federal intergovernmental mandate with direct costs exceeding the thresholds specified by this Act, unless it provides for new or increased budget, entitlement, or direct spending authority or makes other specified arrangements for each fiscal year to ensure that Federal funds equal or exceed the estimated direct costs of the mandate, or that State, local, and tribal programmatic and financial responsibilities are reduced so they do not exceed the amount of Federal funding. Gives the House Committee on Government Reform and Oversight and the Senate Committee on Governmental Affairs final authority to determine questions on the applicability of this Act to pending bills, joint resolutions, amendments, motions, or conference reports. Requires the direct costs of a Federal mandate for a fiscal year to be determined based on estimates by congressional budget committees. Provides that it shall not be in order in the House of Representatives to consider a rule or order waiving application of these provisions to a bill or joint resolution reported by an authorization committee. (Sec. 102) Amends House rules with regard to the Committee of the Whole and Committee on Rules: (1) to make it always in order in the former to strike from the portion of any bill open to amendment any Federal mandate whose direct costs exceed the prescribed threshold; and (2) to require the latter to include in its reports on waived points of order a separate item identifying all waivers of points of order relating to Federal mandates. (Sec. 103) Provides that, at the request of any congressional committee, the CBO Director shall: (1) consult with and assist it in analyzing the budgetary or financial impact of any proposed legislation that may have a significant impact on the State, local, or tribal government involved or on the private sector; and (2) study any legislative proposal containing a Federal mandate. Requires the CBO Director to conduct continuing studies to enhance comparisons of budget outlays, credit authority, and tax expenditures. Requires any congressional committee that anticipates considering any legislative proposal establishing, amending, or reauthorizing any Federal program likely to have a significant impact on any State, local, or tribal government or on the private sector to include its views and estimates on that proposal to the applicable budget committee. (Sec. 104) Authorizes appropriations to CBO to carry out this Act. (Sec. 106) Repeals the State and Local Government Cost Estimate Act of 1981. Title II: Regulatory Accountability and Reform - Requires each Federal agency to: (1) assess the effects of Federal regulations on State, local, and tribal governments (other than to the extent that such regulations incorporate requirements specifically set forth in legislation) and the private sector, including specifically the availability of resources to carry out any Federal mandates in those regulations; and (2) seek to minimize those burdens that uniquely or significantly affect such governmental entities, consistent with achieving statutory and regulatory objectives. (Sec. 201) Directs each agency to permit elected officials and other representatives of State, local, and tribal governments to provide meaningful and timely input in the development of regulatory proposals containing significant Federal mandates. Requires each agency: (1) before establishing regulatory requirements, to develop plans for notifying small governments of such requirements; and (2) before promulgating any final rule that includes any Federal intergovernmental mandate that may result in State, local, or tribal government and private sector expenditures, in the aggregate, of $100 million or more in any one year, to prepare a written statement of specified estimates and analyses for forwarding to the CBO Director. Authorizes appropriations. (Sec. 204) Directs the Director of the Office of Management and Budget to establish pilot programs in at least two agencies to test innovative approaches to reducing reporting and compliance burdens on small governments. Title III: Review of Unfunded Federal Mandates - Establishes the Commission on Unfunded Federal Mandates to investigate and review the role of unfunded Federal mandates in intergovernmental relations and their impact on local, State, and Federal government objectives and responsibilities. Requires the Commission to make recommendations to the President and the Congress with regard to: (1) consolidating or simplifying unfunded Federal mandates in order to facilitate compliance by State, local, and tribal governments, especially with respect to specific mandates for which the terms of compliance are unnecessarily rigid or complex; (2) terminating unfunded mandates which are duplicative, obsolete, or lacking in practical utility; and (3) temporarily suspending those unfunded mandates which are not vital to public health and safety and which compound the fiscal difficulties of State, local, and tribal governments. (Sec. 307) Authorizes appropriations. Title IV: Judicial Review - Disallows judicial review under this Act.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Retirement Savings Incentives Subtitle A: Restoration of IRA Deduction Subtitle B: Nondeductible Tax-Free IRAs Title II: Penalty-Free Distributions Title III: Aid to Families with Dependent Children Savings and Investment Incentive Act of 1995 - Title I: Retirement Savings Incentives - Subtitle A: Restoration of IRA Deduction - Amends the Internal Revenue Code to restore the deduction for individual retirement plans (IRAs). Provides a phase-up of income limits (from 1995 through 1998) with respect to the limitation on the deductibility of contributions to IRAs by active participants in employer-maintained plans. Removes the spousal rule from such limitation. Terminates income limits after December 31, 1998. Provides an inflation adjustment for deductible amounts after 1995. Allows certain spouses a full deduction for contributions to an IRA. Makes certain coins and bullion ineligible as collectible investments for purposes of distributions from an IRA. Coordinates the limit on such deduction with the elective deferral limit under other pension provisions. Subtitle B: Nondeductible Tax-Free IRAs - Allows individuals to establish individual retirement plus (IRA plus) accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such accounts nondeductible. Excludes distributions from such accounts from the gross income of the distributee, if the assets remain in such accounts for at least five years. Allows qualified transfers to be made to such accounts. Establishes penalties for early withdrawals and excess contributions. Title II: Penalty-Free Distributions - Allows distributions from certain retirement plans without penalty to purchase first homes, pay higher education expenses and financially devastating medical expenses, and assist certain unemployed individuals. Title III: Aid to Families with Dependent Children - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to exclude from AFDC eligibility determinations certain income and resources that are to be used for education, training, and employability purposes. Requires the Secretary of Health and Human Services to report to specified congressional committees on the use of qualified asset accounts. Requires the Secretary to report to the Congress on a revision of the AFDC limit on automobiles in order to increase the employability of AFDC recipients.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Declares that: (1) the Constitution shall not be construed to prohibit individual or group prayer in public schools or other public institutions; (2) no person shall be required by the United States or by any State to participate in prayer; and (3) neither the United States nor any State shall compose the words of any prayer to be said in public schools.
United States · United States Congress · 6 October 1994
TABLE OF CONTENTS: Title I: Legal Immigration Reform Subtitle A: Admission of Legal Immigrants Subtitle B: Admission of Refugees Title II: Illegal Immigration Control Subtitle A: Land Borders Control Subtitle B: Ports of Entry Control Subtitle C: Overseas Airports Control Subtitle D: Alien Smuggling Control Subtitle E: Employer Sanctions Enforcement Subtitle F: Prohibition on Welfare Benefits to Illegal Aliens Subtitle G: State and Local Cooperation in Immigration Enforcement Title III: Exclusion and Deportation Reform Subtitle A: Criminal Aliens Subtitle B: Terrorist Aliens Subtitle C: Enforcement of Deportation Orders Subtitle D: Expedited Asylum Review at Ports of Entry Subtitle E: Asylum Reform Subtitle F: Miscellaneous Provisions Title IV: Effective Date Immigration Control and Reform Act of 1994 - Title I: Legal Immigration Reform - Subtitle A: Admission of Legal Immigrants - Amends the Immigration and Nationality Act (Act) to reduce annual legal immigration ceilings. Subtitle B: Admission of Refugees - Amends the Act to place an annual ceiling on refugee admissions. Title II: Illegal Immigration Control - Subtitle A: Land Borders Control - Directs the Attorney General to: ( 1) place additional physical barriers along the United States-Mexico border; and (2) establish an interior repatriation program. Subtitle B: Ports of Entry Control - Authorizes the Attorney General to require ships arriving at U.S. entry ports to give 24 hours advance notice to the Immigration and Naturalization Service (INS). Subtitle C: Overseas Airports Controls - Directs the Attorney General to determine the feasibility of establishing: (1) specified numbers of preinspection stations at foreign airports identified as last departure points for the greatest numbers of U.S.-arriving passengers; and (2) an air carrier consultant program. (Sec. 222) Provides for airline personnel training in fraudulent document detection. Subtitle D: Alien Smuggling Control - Amends the Act to increase INS forfeiture authority for smuggling or harboring illegal aliens. (Sec. 232) Brings alien smuggling operations under the purview of the Racketeer Influenced and Corrupt Organizations (RICO) provisions. (Sec. 233) Increase penalties for certain alien smuggling offenses. (Sec. 234) Amends Federal law to authorize INS wiretaps for alien smuggling investigations. Subtitle E: Employer Sanctions Enforcement - Amends the Act with respect to employer sanction provisions, including: (1) work eligibility documents; and (2) social security telephone verification. Subtitle F: Prohibition on Welfare Benefits to Illegal Aliens - Prohibits the payment of: (1) direct Federal financial or social insurance benefits (except for emergency medical care) to illegal aliens; (2) unemployment benefits to aliens without employment authorization; or (3) housing benefits to illegal aliens. (Sec. 254) Authorizes appropriations for the automated System for Alien Verification of Eligibility (SAVE). Subtitle G: State and Local Cooperation in Immigration Enforcement - Prohibits Federal assistance to a State or locality that refuses to cooperate with the arrest and deportation of illegal aliens. (Sec. 262) Establishes a uniform vital statistics pilot program for three States with high numbers of undocumented aliens. Authorizes appropriations. Title III: Exclusion and Deportation Reform - Subtitle A: Criminal Aliens - Amends the Act to include aliens on criminal probation or criminal parole among the categories of aliens subject to special registration. (Sec. 302) Expands the definition of "aggravated felony." (Sec. 503) Expedites deportation proceedings for specified criminal aliens. (Sec. 303) Provides for judicial deportation of aliens convicted of an aggravated felony. (Sec. 304) Restricts specified deportation defenses. (Sec. 305) Directs the Secretary of State and the Attorney General to study the use and effectiveness of the Prisoner Transfer Treaty with Mexico to remove convicted aliens from the United States. Subtitle B: Terrorist Aliens - Amends the Act to establish procedures for the removal of alien terrorists, including a special court to hear such cases. (Sec. 312) Makes membership in a terrorist organization a basis for U.S. exclusion. Subtitle C: Enforcement of Deportation Orders - Amends the Act to limit challenges to deportation orders. Subtitle D: Expedited Asylum Review at Ports of Entry - Amends the Act to revise port of entry alien inspection and exclusion provisions. Subtitle E: Asylum Reform - Amends the Act to revise asylum and related judicial review provisions. Subtitle F: Miscellaneous Provisions - Amends the Act to authorize telephonic or electronic deportation hearings. Title IV: Effective Date - Sets forth the effective date for provsions of this Act.
United States · United States Congress · 6 October 1994
Revises rule XXXV of the Standing Rules of the Senate to prohibit any Member, officer, or employee of the Senate (Member) from accepting a gift, knowing that such gift is provided by a lobbyist, a registered lobbyist under the Federal Regulation of Lobbying Act, a lobbying firm, or an agent of a foreign principal. Sets forth provisions regarding what: (1) constitutes a prohibited gift (including anything provided by a lobbyist which is paid for, charged to, or reimbursed by a client or firm of such lobbyist, certain charitable contributions or other payments by a lobbyist relating to a retreat sponsored by or affiliated with an official congressional organization); and (2) does not constitute a gift (including anything for which the recipient pays the market value, anything the recipient does not use and promptly returns to the donor, food or refreshments of nominal value offered other than as part of a meal, and pension and other benefits resulting from continued participation in an employee welfare and benefits plan maintained by a former employer). Sets forth provisions regarding gifts given for a nonbusiness purpose, motivated by family relationship or close personal friendship (generally permitted). Prohibits any Member from knowingly accepting a gift from any other person except as provided in this rule. Lists circumstances where such restrictions shall not apply. Considers a gift to the spouse or dependent of a Member to be a gift to such Member if given with the knowledge and acquiescence of, and with reason to believe the gift was given because of official position as, a Member. Permits Members to accept: (1) offers of free attendance at a widely attended convention, symposium, reception, or similar event, subject to specified requirements; and (2) a sponsor's unsolicited offer of free attendance at a charity event, except for reimbursement for transportation and lodging in connection with the event. Directs the Select Committee on Ethics to provide guidance setting forth reasonable steps that may be taken by Members, with a minimum of paperwork and time, to prevent the acceptance of prohibited gifts from lobbyists.
United States · United States Congress · 21 September 1994
Immigration Moratorium Act of 1994 - Imposes a five-year immigration moratorium, with exceptions for refugees, certain priority and skilled workers, and immediate family members.
United States · United States Congress · 25 August 1994
Directs the Secretary of Agriculture to enter into appropriate arrangements with the National Academy of Sciences to coordinate the development of an improved meat and poultry inspection program. Obligates funding for such purpose.
United States · United States Congress · 10 August 1994
National Voter Opportunity To Inform Congress Effectively on Term Limits Act (VOICE Act) - Requires the Clerk of the House of Representatives and the Secretary of the Senate to certify to appropriate State agencies for inclusion on the 1994 general election ballot in each congressional district a national advisory referendum that asks whether the Congress should propose a constitutional amendment to limit the number of terms that a Member of Congress can serve in office. Requires each State to place such question on the ballot. Requires the results of each State's non-binding referendum on the advisory question to be certified by the State election agency to the Clerk of the House and the Secretary of the Senate in the manner and at the same time of the certification of election of Members of the Congress for the general election. Requires the House and Senate Judiciary Committees, in light of the non binding referendum results, to examine whether the Congress should propose an amendment to the Constitution providing for term limits and submit their recommendations for response to the Congress within six months after the general election. Requires the State election agencies to forward to the Clerk of the House and the Secretary of the Senate their comments or suggestions regarding changes or improvements in procedures for conducting national non-binding referenda in future general elections. Requires: (1) the costs of including the advisory question required by this Act to be reimbursed by the United States upon submission by the State election agency of the actual costs of conducting the non-binding referendum in the State; and (2) such reimbursements to be made from the franking accounts of the Congress divided equally between the two Houses. Makes the Clerk of the House and the Secretary of the Senate responsible for ensuring the proper application for and reimbursement of such expenses.
United States · United States Congress · 21 July 1994
TABLE OF CONTENTS: Title I: Retirement Savings Incentives Subtitle A: Restoration of IRA Deduction Subtitle B: Nondeductible Tax-Free IRAs Title II: Penalty-Free Distributions Title III: Aid to Families With Dependent Children Savings and Investment Incentive Act of 1994 - Title I: Retirement Savings Incentives - Subtitle A: Restoration of IRA Deduction - Amends the Internal Revenue Code to remove the limitation on the deductibility of contributions to individual retirement plans (IRAs) by active participants in employer-maintained plans, thereby restoring the IRA deduction. Provides an inflation adjustment after 1995. Allows certain spouses a full deduction for contributions to an IRA. Makes certain coins and bullion ineligible as collectible investments for purposes of distributions from an IRA. Subtitle B: Nondeductible Tax-Free IRAs - Allows individuals to establish individual retirement plus (IRA plus) accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such accounts nondeductible. Title II: Penalty-Free Distributions - Allows distributions from certain retirement plans without penalty to purchase first homes, pay higher education expenses and financially devastating medical expenses, and assist certain unemployed individuals. Title III: Aid to Families with Dependent Children - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to exclude from AFDC eligibility determinations certain income and resources that are to be used for education, training, and employability purposes. Requires the Secretary of Health and Human Services to report to the Congress on a revision of the AFDC limit on automobiles in order to increase the employability of AFDC recipients.
United States · United States Congress · 19 July 1994
Expresses the sense of the Congress that the President should refrain from signing, on behalf of the United States, the seabed mining agreement that will be open for signature on July 29, 1994, relating to the United Nations Convention on the Law of the Sea.
United States · United States Congress · 15 June 1994
Unlisted Trading Privileges Act of 1994 - Amends the Securities Exchange Act of 1934 to modify the guidelines under which a national securities exchange may extend unlisted trading privileges for corporate securities. Directs the Securities and Exchange Commission to prescribe, as necessary, the time period after commencement of an initial public offering during which a national securities exchange is prohibited from extending unlisted trading privileges. Subjects the extension of unlisted trading privileges by a national securities exchange to Commission rules and/or approval. Provides for suspension and reinstatement of such privileges.
United States · United States Congress · 14 June 1994
World War II Peace Accords Commemorative Coin Act - Expresses the sense of the Congress that: (1) the 50th anniversary of the signing of the World War II peace accords on the U.S.S. Missouri should not go unrecognized at the national level; and (2) the United States should recognize such anniversary by minting and issuing a commemorative coin. Sets forth specifications for half dollar clad coins. Mandates that the surcharges received from the sale of such coins be paid by the Secretary of the Treasury to the Admiral Nimitz Foundation for the purpose of preserving the Pacific War heritage of the United States.
United States · United States Congress · 25 May 1994
Establishes the Special Subcommittee on Certain Allegations Concerning Whitewater Development Corporation, Madison Guaranty Savings and Loan Association, and Capital Management Services, Inc., and Related Issues within the Senate Committee on Banking, Housing, and Urban Affairs. Declares that the purpose of such Subcommittee shall be to conduct an investigation into, and study matters related to: (1) Whitewater, Madison, Capital Management, the Arkansas Development Finance Authority, and Value Partners I; (2) the conduct and policies of specified Federal executive and regulatory agencies; and (3) the circumstances surrounding Hillary Rodham Clinton's commodities-futures trading activities. Requires the Subcommittee to report its findings to the Senate.
United States · United States Congress · 19 May 1994
TABLE OF CONTENTS: Title I: Work Requirements for Welfare Recipients Title II: Promotion of Marriage and Social Responsibility Subtitle A: Welfare Benefits Subtitle B: Grants for Assistance to Children Born Out-of-Wedlock Subtitle C: Tax Credit for Certain Low-Income Families Subtitle D: Expansion of Abstinence Education Title III: Child Support Enforcement Title IV: Specific Reforms in Welfare Spending Title V: State Options and Miscellaneous Provisions Title VI: Capping the Aggregate Growth of Welfare Spending Welfare Reform Act of 1994 - Title I: Work Requirements for Welfare Recipients - Amends Part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act (SSA) to require each State, as a condition of participation in the AFDC program, to establish a workfare and dependency reduction program meeting specified requirements. (Sec. 101) Sets forth program participation requirements for parents in the AFDC unemployed parent program and certain noncustodial parents, including a specified mix of weekly community work service and job search activities or benefits to wages program participation. Specifies participation requirements for each adult AFDC recipient in a single-adult family. Requires States to establish: (1) a community work service program under which a participating individual shall work for a public or nonprofit private sector organization; and (2) a benefits to wages program under which an individual shall work for a qualified private employer whom the Secretary of Health and Human Services (HHS) shall pay a wage subsidy on behalf of such individual equal to the amount of AFDC allotment and the cash value of food stamp benefits the individual would otherwise receive. Sets forth penalties (including allotment reductions and eligibility denials) for individuals, including noncustodial parents, who fail to meet participation requirements. Prohibits participating organizations or entities from replacing any employed workers with participating AFDC individuals. Specifies payments to States for welfare and dependency reduction programs. Requires State plans to require custodial parents under 19 years old who have not successfully completed a high-school education to participate in an educational activity, either a high-school diploma or equivalency degree program or other training or work activities. Amends the Internal Revenue Code to provide for advance payments of the earned income tax credit to employees in a benefits to wages program. (Sec. 102) Amends the Food Stamp Act of 1977 to deny food stamp eligibility to any able-bodied individual belonging to a household otherwise eligible for food stamps if that individual has not performed at least 32 hours of work on behalf of a State or local government, through a program established by that government, during the preceding month. (Sec. 103) Specifies job search requirements for AFDC applicants and recipients with children over five years old. Title II: Promotion of Marriage and Social Responsibility - Subtitle A: Welfare Benefits - Declares the sense of the Congress that: (1) marriage is the foundation of a successful society; and (2) in view of specified negative consequences of out-of-wedlock birth on the child, the mother, and society, the reduction of such births is an important government interest. (Sec. 201) Amends SSA title IV Part A (AFDC) and the Food Stamp Act of 1977 to require State plans and State food stamp agencies, respectively, with specified exceptions, to deny AFDC payments for a child born to any unmarried individual under 26 (or later age, if the State so determines). Allows such payments if the child is legally adopted or if the child's custodian marries an individual who assumes lawful paternity or permanent legal guardianship and financial responsibility for the child. Amends the United States Housing Act of 1937 to require public housing contracts to provide for denial of housing and rental assistance in the same circumstances. (Sec. 202) Amends SSA title IV Part A (AFDC) and the Food Stamp Act of 1977 to require similar denial of benefits with respect to any additional children born while the custodial parent was receiving assistance. (Sec. 203) Amends SSA title IV Part A (AFDC) to require reductions in AFDC payments to a family where a child has been born for whom paternity has not been established. Provides for such payments, notwithstanding such denial policy, for a child of up to four months old if some identifying information on the putative father is provided. Subtitle B: Grants for Assistance to Children Born Out-Of-Wedlock - Amends SSA title IV Part A (AFDC) to provide for grants to States for programs to discourage out-of-wedlock births and to care for children born out-of-wedlock. Allows the use of such funds to: (1) establish or expand out-of-wedlock pregnancy reduction programs; (2) promote adoption; (3) establish and operate orphanages; and (4) establish and operate closely supervised residential group homes for unwed mothers. (Sec. 211) Prohibits payments to: (1) parents of out-of-wedlock children; or (2) such children if parent and child live in any conventional residential or community setting, including a relative's household or a household headed by the custodial parent. Subtitle C: Tax Credit for Certain Low-Income Families - Amends the Internal Revenue Code to allow an additional earned income tax credit for a married individual who: (1) has lived together with his or her spouse at all times during the marriage during the taxable year; and (2) has earned at least $8,500 in income for such year. Subtitle D: Expansion of Abstinence Education - Directs the HHS Secretary to make grants to States and public and private entities to establish educational programs beginning in the sixth grade or later that emphasize the social, psychological, and health gains to be derived from abstaining from sexual activity while unmarried. Authorizes appropriations. Title III: Child Support Enforcement - Directs the Secretary of the Treasury to establish a system for the reporting of information relating to child support obligations of employees, including mandatory reporting of such information on W-4 forms. (Sec. 302) Amends SSA title IV Part A (AFDC) to require State agencies to: (1) maintain child support order registries; (2) make all pertinent State records accessible to any agency of any other State through the Interstate Locate Network; (3) give custodial parents access to State parent locator services to aid in establishment and enforcement of child support obligations against noncustodial parents; and (4) give noncustodial parents access to such services to aid in establishment of visitation rights. (Sec. 303) Provides for expansion of the Parent Locator Service. Directs the HHS Secretary to establish an Interstate Locate Network linking the Parent Locator Service and all State databases. Requires regulations governing information sharing among States, within States, and between the States and the Parent Locator Service. (Sec. 304) Amends SSA title IV Part A (AFDC) to require States to have laws requiring employers to withhold child support pursuant to uniform income withholding orders. (Sec. 305) Requires the responsible unit within HHS to develop: (1) a uniform abstract of a child support order containing specified terms for use by all State courts; and (2) procedures providing for voluntary establishment or acknowledgement of paternity. (Sec. 306) Waives the application and genetic testing fees for any individual receiving child support collection or paternity determination services who has been denied AFDC, food stamp, and housing assistance under this Act. Title IV: Specific Reforms in Welfare Spending - Amends the National School Lunch Act to reduce the income eligibility guidelines for reduced price lunches from 185 to 130 percent of the applicable family-size nonfarm income levels. (Sec. 402) Repeals the Mickey Leland Childhood Hunger Relief Act. Applies the Food Stamp Act of 1977 as if the Mickey Leland Childhood Hunger Relief Act had not been enacted. (Sec. 403) Amends the Revenue Reconciliation Act of 1993 to repeal the mandates and authorities for empowerment zones and enterprise communities. (Sec. 404) Amends SSA title IV Part A (AFDC) to reduce by 25 percent monthly benefits to AFDC families who also receive public housing benefits. (Sec. 405) Repeals the Davis-Bacon Act (which requires Federal contractors and subcontractors to pay prevailing wages). (Sec. 406) Reduces the authorization of appropriations for social services block grants for each fiscal year after FY 1994. (Sec. 407) Limits specified welfare benefits, currently available to aliens, to U.S. citizens only. Declares that it is the policy of the Congress that States and local educational agencies should not be required to provide a free public elementary or secondary education to any individual who is not a U.S. citizen, a lawful resident alien, or an alien permanently residing in the United States under color of law. Requires a State or local educational agency to notify the Attorney General whenever it learns of a public school child who does not belong to any such category. Requires immediate deportation proceedings against such child. (Sec. 408) Amends SSA title XVI (Supplemental Security Income (SSI) for the Aged, Blind, and Disabled) to direct the HHS Secretary to issue vouchers in lieu of cash benefits to each eligible child under 18 to cover the cost of certain medical expenses. (Sec. 409) Requires an eligibility review during the year after the 18th birthday of any individual receiving disability benefits. (Sec. 410) Requires a specified reduction of the authorization of appropriations for low-income home energy assistance for any fiscal year. Title V: State Options and Miscellaneous Provisions - Amends SSA title IV Part A (AFDC), the Food Stamp Act of 1977, and the United States Housing Act of 1937 to allow States the option to: (1) place a time limit on AFDC, food stamp, and housing assistance to any individual; and (2) apply that time limit to any household moving to a State from another State with such a time limit. (Sec. 502) Amends SSA title IV Part A (AFDC) to give a State the option to treat interstate immigrants under the AFDC benefit rules of their former State. (Sec. 503) Directs the Secretary of Labor, in cooperation with the States, to conduct ongoing evaluations of Federal and State job training programs. Authorizes appropriations. (Sec. 504) Amends specified parts of the Social Security Act, the Food Stamp Act of 1977, and the United States Housing Act of 1937 to require safeguards and information exchange among law enforcement agencies to ensure that fugitive felons and probation and parole violators do not receive Medicaid, AFDC benefits, food stamps, SSI, or housing assistance. Requires public housing agencies to furnish Federal, State or local law enforcement agencies, upon request, the current address of any assistance recipient identified as a fugitive felon or probation or parole violator. Title VI: Capping the Aggregate Growth of Welfare Spending - Specifies FY 1995 through 1996 and subsequent fiscal year caps on Federal spending on certain welfare programs. (Sec. 602) Directs the HHS Secretary to make welfare block grants to the States for aid to low-income households. Prohibits the use of such funds for abortions or for any counseling related to abortion. Sets forth general work, job search, and training requirements for aid recipients, as well as certain participation requirements for States. Denies cash or direct food assistance to young unwed parents as under title II of this Act, or to noncitizens, fugitive felons, or probation or parole violators. (Sec. 603) Terminates funding and State obligations under specified cash, medical, housing, energy, education, jobs and training, social services, and low-income community aid welfare programs as of the end of FY 1994. (Sec. 604) Dedicates to deficit reduction all Federal savings under the spending cap mandated by this title. Requires the adjustment of the present discretionary spending caps for the net increase in discretionary spending that results from the creation of the welfare block grant as a replacement for current welfare entitlement programs. (Sec. 605) Sets forth special rules, upon termination of the AFDC program, with respect to grants for assistance to children born out-of-wedlock. (Sec. 606) Amends SSA title XIX (Medicaid) with respect to Medicaid eligibility criteria after enactment of this Act. Authorizes States to request a waiver to simplify such criteria. Requires the HHS Secretary to review and approve such requests only if Federal Medicaid expenditures will not be increased as a result.
United States · United States Congress · 25 March 1994
TABLE OF CONTENTS: Title I: Liability Title II: State Implementation Title III: Remedy Selection Title IV: Funding Comprehensive Superfund Improvement Act - Title I: Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to limit liability under such Act to actions involving hazardous substance releases occurring after December 11, 1980 (thus, eliminating retroactive liability), subject to the conditions of this Act. Makes such limit inapplicable to actions occurring before such date which were contrary to law. Provides for reimbursement from the Retroactive Liability Fund as provided by this Act. (Sec. 102) Sets forth retroactive liability provisions for actions which occurred before December 11, 1980. Bars reimbursement from the Retroactive Liability Fund to potentially responsible parties (PRPs) for construction costs if construction of the response action has been completed by January 1, 1994. Requires the President, if a PRP is conducting operation and maintenance (O&M) related to the action as of January 1, 1994, to assume the future costs of O&M and reimburse the party for costs incurred. Provides for reimbursement of construction costs for response actions not completed by such date, but only after the construction is completed. Directs the President to use the Retroactive Liability Fund to pay for all response action costs for sites discovered after such date. Establishes provisions for actions for which liability occurred before and after December 11, 1980. Permits PRPs conducting O&M related to the response action as of January 1, 1994, to petition the President for an allocation of O&M costs. Provides for reimbursement from the Retroactive Liability Fund of O&M costs attributable to actions occurring before December 11, 1980. Permits PRPs to petition for allocations of construction and O&M costs where actions have not been completed by January 1, 1994. Provides for reimbursement of O&M and construction costs attributable to actions occurring before December 11, 1980. Directs the President to use the Retroactive Liability Fund to pay for all costs attributable to actions occurring before December 11, 1980, for sites discovered after January 1, 1994. (Sec. 103) Provides that persons considered to be qualified organizations under provisions of the Internal Revenue Code governing charitable contributions who are grantees of conservation easements with respect to real property on which a facility is located shall not be considered as owners or operators, for purposes of determining liability for removal and response costs, unless they have caused or contributed to the release of hazardous substances. Establishes a rebuttable presumption that a defendant who has acquired real property has made all appropriate inquiry into previous ownership and uses of the property if he establishes that, immediately prior to or at the time of acquisition, he obtained an environmental assessment of the property to determine the presence of hazardous substances, including a review of specified records of the previous ownership and use of such property. (Sec. 104) Absolves persons who have resolved liability to the United States or a State in an approved settlement proceeding of liability for cost recovery regarding matters addressed in the settlement. (Sec. 105) Provides that persons who own or operate real property that is contiguous to or otherwise situated with respect to real property on which there has been a release of a hazardous substance and that may be contaminated shall not be considered to be an owner or operator for purposes of determining liability. Authorizes the President to issue assurances of no enforcement action to such persons and grant protection against cost recovery and contribution actions. (Sec. 106) Requires the President to issue regulations to define certain terms as they apply to liability of lenders and financial service providers. Excludes from the definition of "owner or operator" (thus, protecting from individual liability) fiduciaries who hold legal title to, are the mortgagees or secured parties with respect to, control, or manage, any facility or vessel at which a release occurred for purposes of administering an estate or trust of which such vessel or facility is a part. (Sec. 108) Makes liable parties who accept or successfully appeal the results of the allocation of responsibility under title V of this Act to be liable only for, with respect to National Priority List (NPL) sites, their assigned share of the costs of: (1) removal or remedial action incurred by the United States, a State, or an Indian tribe; (2) response incurred by any other person; and (3) any health assessment or health effects study. Requires the orphan share of an NPL site to be paid out of the Hazardous Substance Superfund (Fund) or the Retroactive Liability Fund. (Sec. 109) Makes PRPs or liable parties who fail to perform response actions at NPL sites subject to specified civil action. Requires reimbursement by Superfund of PRPs who perform and pay for response actions at NPL sites. Authorizes liable parties who perform and pay for such actions to recover costs as creditor parties as provided under title V of this Act. (Sec. 110) Directs the Administrator of the Environmental Protection Agency (EPA) to appoint panels of administrative law judges to perform expedited administrative proceedings, to be known as "binding allocations of responsibility (BARs)," for purposes of determining the liability of PRPs at NPL sites. Provides that BARs shall not address or affect liability concerning damages to natural resources. Provides for the initiation of a BAR by the filing of a petition with the EPA Office of Administrative Law Judges by the Administrator or a State where the site is located. Exempts de micromis parties (parties that a panel determines contributed only 100 pounds or liters of material containing hazardous substances at the facility or such amount as determined by the Administrator) from liability to the United States or to any other person for response actions or for past, present, or future costs incurred at the site. Requires final BARs to be issued within 18 months of the publication of a notice of petition (or 24 months for cases of exceptional complexity). Bases the assigned share of liability on specified allocation factors, including the ability to pay. Requires the Administrator to make firm offers of settlement to all de minimis parties (parties that contributed only one percent or less of the total quantity of hazardous substances present at the site). Makes a BAR decision binding as to all past, present, and future liability for response costs and for contributions in civil proceedings. Permits judicial review of final BAR decisions. Sets forth procedures for recovery by creditor parties. Provides for stays of certain pending enforcement actions and private party litigation until a BAR is issued. Authorizes any group of PRPs to submit a private allocation for the NPL site, to be known as a "voluntary binding allocation of responsibility," to the allocation panel. Provides that a BAR shall constitute a permanent determination of the assigned share of a liable party and of the orphan share and, except for specified additions to the orphan share and judicially mandated changes, shall not be subject to any change for at least five years after the date of final decision. Permits a new BAR only if the request demonstrates that due to new information not reasonably available during the first BAR, a 35 percent or greater increase in total waste-in volume has been discovered. (Sec. 111) Exempts qualified redevelopers from liability for costs or damages with respect to hazardous substance releases. (Sec. 112) Extends a current exemption from liability for response action contractors under Federal law to State and local law and expands the activities considered to be response actions. Excludes such contractors from the definition of "owner or operator" for purposes of limiting liability. Provides a limitation on actions against response action contractors. Title II: State Implementation - Authorizes States to apply to the Administrator to carry out response actions and enforcement activities at all facilities listed or proposed for listing on the NPL. Grants a State such authority if it possesses the legal authority, technical capability, and resources necessary to conduct response actions in a manner consistent with this Act. Makes such States eligible for response action financing from the Fund and the Retroactive Liability Fund. Requires States to pay ten percent of the costs of all response actions for which the State receives funds from the Fund. Makes such cost-sharing requirement inapplicable to States that receive funds from the Retroactive Liability Fund. (Sec. 201) Authorizes a State to select a response action that achieves a level of cleanup that is more stringent than required if it agrees to pay for the incremental increase in response cost attributable to achieving the more stringent level. (Sec. 203) Directs the President to: (1) maintain records of the costs incurred in connection with any oversight contract or arrangement for remedial investigations or feasibility studies; and (2) establish an administrative procedure under which a party that conducts a response action may contest the costs incurred in such oversight. Requires oversight costs exceeding 50 percent of the response costs incurred by the responsible party to be paid by the Fund. Title III: Remedy Selection - Authorizes the President or an authorized State to take immediate risk reduction measures whenever a release poses an imminent and substantial danger to public health. Prohibits the President or a State from instituting long-term remediation measures. Authorizes the use of the Fund for such measures, but permits the President to recover costs from liable parties as well. (Sec. 302) Applies the hazard ranking system to a site or facility only after the site or facility has undergone immediate risk reduction measures. Applies such requirement to sites and facilities to be newly listed on the NPL and to any sites already listed for which remedial investigation and feasibility studies have not been conducted. (Sec. 303) Directs the President or a State, as appropriate, to prepare a long-term response plan for an affected facility. Authorizes PRPs to prepare and carry out certain elements of such plan. Requires such plans to address: (1) site characterization; (2) risk assessment; (3) recommendations made by community advisory councils; and (4) response option identification. Requires plans for: (1) facilities to be newly listed on the NPL after this Act's enactment date; (2) facilities or sites listed on the NPL for which remedial investigations and feasibility studies have not been conducted; and (3) facilities or sites on the NPL for which such investigations and studies have been conducted but for which contracts have not been executed for remedial design and action. Directs persons carrying out remedial investigations to assess risks to human health and the environment, separately evaluating current and likely future risks. Directs the Administrator to create a Community Advisory Council for each facility listed on the NPL to provide information to PRPs, the Administrator, and the State regarding the future use of the facility and affected off-site areas and resources. Requires response option identifications under long-term remediation plans to provide for cost-benefit analyses on containment, remediation, monitoring, delisting, and institutional controls. Directs the President to promulgate and include in the national contingency plan guidelines for conducting cost/benefit analyses of response actions conducted under CERCLA. (Sec. 304) Revises provisions regarding selection of remedial actions to require the President or a State, after completion of a long-term response plan, to select the response that best achieves an acceptable level of residual risk reduction at the facility or site. Sets forth factors to be considered in selecting such actions, including site-specific impacts, economic impacts on PRPs, and costs and benefits of options. Provides preferences for actions that significantly reduce the volume, toxicity, or mobility of the hazardous substances or the exposure to such substances. Extends site or facility boundaries to include areas subject to easements or other institutional controls with respect to response actions. Makes selections subject to judicial review. Requires implementation of an action within 60 days after the selection has been made and: (1) an appeal has been filed and a court has acted on the appeal; or (2) the time for filing an appeal has expired and no appeal has been filed. Repeals certain cleanup standards. (Sec. 305) Requires the review of selected response actions at least once every five years to assure that human health and the environment are being protected. (Currently, such review is required for actions that result in hazardous substances remaining at the site.) (Sec. 306) Provides for delisting of sites or facilities from the NPL after an action achieves the cleanup goal. Title IV: Funding - Amends the Internal Revenue Code to extend environmental tax and certain Superfund provisions for a period of five years. Increases the aggregate tax which may be collected and credited to the Fund. Extends the deadline for repayment of advances made to the Fund from December 31, 1995, to December 31, 2000. Extends the authorization of appropriations for the Fund through FY 2000. (Sec. 402) Increases the environmental income tax. Provides that only 50 percent of such taxes received in the Treasury shall be deposited into the Fund in tax years between December 31, 1994, and January 1, 2000. (Sec. 404) Establishes the Retroactive Liability Fund. Appropriates 50 percent of revenues from the environmental tax to such fund in addition to certain environmental fees and assessments on insurance companies.
United States · United States Congress · 24 March 1994
TABLE OF CONTENTS: Title I: Private Securities Litigation Title II: Financial Disclosure Private Securities Litigation Reform Act of 1994 - Title I: Private Securities Litigation - Amends the Securities Exchange Act of 1934 (the Act) to prohibit brokers or dealers from soliciting or accepting referral fees from an attorney for obtaining the representation of a customer in any implied private action. Prohibits the use of disgorgement funds resulting from actions brought by the Securities Exchange Commission (the Commission) to pay legal expenses incurred by private parties seeking distribution of such funds. Modifies the guidelines for class action litigation, including: (1) recovery by named plaintiffs in the same manner as all other members of the class; (2) court determination of conflicts of interest on the part of counsel with a beneficial interest in the securities that are the subject of the litigation; (3) restrictions on settlements under seal; (4) restrictions on payment of attorney's fees from settlement funds; (5) disclosure of settlement terms to class members; (6) special verdicts; and (7) the threshold enabling a plaintiff to obtain certification as representative for the class. Prescribes procedural guidelines for alternative dispute resolution. Establishes a limitations period for implied private rights of action. Provides for a court-appointed guardian ad litem or class action steering committee to oversee counsel and settlement offers for the plaintiff class. Delineates the requirements for securities fraud actions. Amends the Racketeer Influenced and Corrupt Organizations statute to exclude from its purview an action involving fraud in the sale of securities. Title II: Financial Disclosure - Directs the Commission to re-examine the regulatory and judicial framework with respect to predictive statements ("forward-looking statements") concerning the future economic performance of an issuer of securities. Amends the Securities Exchange Act of 1934 to prescribe litigation procedures governing safe harbors for forward-looking statements. Modifies requirements for audits conducted by an independent public accountant of an issuer's financial statements to include procedures to: (1) detect illegal acts; (2) identify related party transactions material to financial statements; and (3) evaluate an issuer's ability to continue as a going concern. Sets forth notification and reporting guidelines for a public accountant who detects illegal activities during the course of an audit. Limits such auditor's liability for complying with such guidelines. Establishes civil penalties for an auditor's noncompliance with this Act. Modifies the allocation of damages scheme to distinguish between primary degrees of responsibility and the application of proportionate liability. Directs the Commission to establish a Public Auditing Self-Disciplinary Board (the Board). Prohibits a public accounting firm from furnishing an accountant's report on any document required to be filed with the Commission unless it has registered with the Board. Requires the Board to establish guidelines for: (1) investigations and disciplinary proceedings against public accounting firms; and (2) criteria for certification of public accountant peer review organizations. Grants the Commission responsibility for oversight of the Board. Includes within Board jurisdiction a foreign public accounting firm that furnishes accountant's reports on any document required to be filed with the Commission.
United States · United States Congress · 22 March 1994
Rental-Purchase Reform Act of 1994 - Amends the Consumer Credit Protection Act to set forth information required to be disclosed by merchants to consumers under rental-purchase agreements. Regulates the collection and advertising practices of such merchants. Authorizes consumers to bring civil charges in any U.S. district court for violations of this Act.
United States · United States Congress · 17 March 1994
United States Botanic Garden Commemorative Coin Act of 1995 - Directs the Secretary of the Treasury to: (1) issue one-dollar silver coins for a one-year period to commemorate the 175th anniversary of the founding of the United States Botanic Garden; and (2) distribute all surcharges from the coin sales to the National Fund for the United States Botanic Garden.
United States · United States Congress · 17 March 1994
TABLE OF CONTENTS: Title I: Rechargeable Battery Recycling Act Title II: Mercury Containing Battery Management Act Mercury-Containing and Rechargeable Battery Management Act - Directs the Administrator of the Environmental Protection Agency to establish a program to provide information on the proper handling and disposal of used regulated batteries and rechargeable consumer products with nonremovable batteries. Defines a "regulated battery" as a rechargeable battery that contains a cadmium or lead electrode or other electrode chemistries as determined by the Administrator. Establishes civil penalties for violations of this Act. Sets forth recordkeeping requirements and establishes inspection and access authorities for the Administrator. Authorizes appropriations. Title I: Rechargeable Battery Recycling Act - Rechargeable Battery Recycling Act - Prohibits any person from selling to an end user for use in the United States a regulated battery or rechargeable consumer product manufactured on or after 12 months after this Act's enactment date unless: (1) the battery is easily removable from the product, is contained in a battery pack that is easily removable, or is sold separately; and (2) the rechargeable consumer product and the battery are labeled in accordance with this Act. Sets forth labeling requirements, including that the label contain a statement that the battery must be recycled or disposed of properly. Requires retail establishments that sell such batteries or products to post notices informing consumers that regulated batteries must be recycled or disposed of properly. Authorizes the Administrator, upon determining that other rechargeable batteries having electrode chemistries different from regulated batteries are toxic and may cause substantial harm if discarded for land disposal or incineration, to promulgate: (1) labeling requirements for such batteries and related products; and (2) easily-removable design requirements for rechargeable consumer products designed to contain such batteries or battery packs. Provides for exemptions from this Act's requirements under certain conditions. Title II: Mercury Containing Battery Management Act - Mercury-Containing Battery Management Act - Prohibits the sale or offering for sale or promotional purposes of: (1) alkaline-manganese batteries manufactured on or after January 1, 1996, with a mercury content that was intentionally introduced (limits the content in alkaline-manganese button cells to 25 milligrams of mercury per button cell); (2) zinc carbon batteries manufactured on or after January 1, 1995, that contain mercury that was intentionally introduced; (3) button cell mercuric-oxide batteries on or after January 1, 1995; and (4) any mercuric-oxide battery on or after January 1, 1997.
United States · United States Congress · 15 March 1994
Expresses the sense of the Senate that the President should: (1) work to achieve an enforceable agreement with U.S. allies which establishes a multilateral export control system for the proliferation of products and technologies to rogue regimes that threaten U.S. national security; and (2) persuade such allies to promote mutual security interests by preventing such regimes from obtaining militarily critical products and technologies.
United States · United States Congress · 10 March 1994
Safe Drinking Water Act Amendments of 1994 - Amends the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency, in the case of specified contaminants listed in the Federal Register for which national primary drinking water regulations have not been issued, to: (1) publish maximum contaminant level (MCL) goals and issue such regulations for those contaminants that occur in drinking water at a level of public health concern; and (2) eliminate monitoring, compliance, and enforcement requirements for those contaminants that do not occur in drinking water at levels of public health concern. (Current law requires the promulgation of such goals and regulations for specified numbers of such contaminants by certain dates.) (Sec. 4) Directs the Administrator to promulgate such goals and regulations for new contaminants every five years. Requires the Administrator to identify best technology treatment techniques that may be used to meet MCLs for public water systems serving fewer than 1,000, between 1,000 and 10,000, and more than 10,000 people. Directs the Administrator to promulgate national primary drinking water regulations for radionuclides, disinfection and corrosion byproducts, and sulfate. (Sec. 7) Revises provisions concerning variances from such regulations to permit the issuance of a variance by a State only if the water system cannot afford to install the best available technology to meet the MCL and it is not feasible for the system to connect with another source of water that will meet the standards. Requires variances to be reviewed by the State at least every three years. (Sec. 8) Repeals provisions that authorize States to exempt public water systems from requirements respecting MCLs or treatment techniques. (Sec. 9) Prohibits treated drinking water from being removed from a public water system or routed through any device or pipes outside the system and returned to the system. Includes such action in the definition of "tampering," a violation for which criminal penalties are imposed. Makes such prohibition inapplicable to pipes and devices totally within the control of one or more public water systems or to connections between water mains. (Sec. 11) Requires (currently, authorizes) the Administrator to conduct research relating to diseases and other impairments resulting from contaminants in drinking water or to the provision of a safe supply of drinking water. Authorizes appropriations. (Sec. 12) Extends the authorization of appropriations for grants for State public water system supervision programs. (Sec. 13) Requires the Administrator to promulgate revised regulations every five years that list up to 30 unregulated contaminants to be monitored by public water systems. Directs the Administrator to assemble a national drinking water occurrence data base to include information on the occurrence of regulated and unregulated contaminants. (Sec. 16) Requires the Administrator to make capitalization grants to States to establish State drinking water treatment revolving loan funds. Reserves the following amounts from such grants: (1) one percent for financial assistance to Indian tribes for the improvement of public water systems; and (2) .5 percent to respond to public health emergencies. Sets aside specified dollar amounts for rural small drinking water systems technical assistance programs and drinking water health effects research. Authorizes the Administrator to make grants for public water system improvement to the District of Columbia and specified U.S. territories. Requires 15 percent of amounts in a State loan fund to be available solely for assistance to public water systems that serve fewer than 10,000 individuals. Directs States to prepare intended use plans prior to receiving grants. Requires priority for the use of funds to be given to systems that are in violation of a national primary drinking water regulation. Requires the Administrator to submit quadrennially to the Congress a survey of the needs of facilities eligible for State loan fund assistance. Authorizes appropriations. (Sec. 17) Permits the Administrator to provide financial assistance to minority communities with economic hardship for eligible wastewater treatment projects. (Sec. 18) Authorizes the Administrator to transfer funds to another Federal agency or award grants to any appropriate entity or border State (Arizona, California, New Mexico, or Texas) to provide assistance to low-income communities (colonias) in such areas that lack basic sanitation facilities for: (1) the conservation, development, use, and control of water; and (2) the construction or improvement of sewers, wastewater treatment works, and essential community facilities. Requires such funds to be used in communities subject to a significant health risk attributable to lack of access to a water supply system or wastewater treatment works. Authorizes appropriations.
United States · United States Congress · 9 March 1994
Private Property Owners Bill of Rights - Requires Federal agency heads to: (1) comply with applicable State and tribal government laws in implementing and enforcing the Endangered Species Act of 1973 (ESA) and the permitting program for dredged or filled material under the Federal Water Pollution Control Act (FWPCA); (2) administer and implement the Acts in a manner that least affects the private property owners' constitutional and other legal rights; (3) develop and implement rules and regulations for ensuring that such rights are protected when making any final decision that restricts the use of private property; (4) obtain the consent of the property owner and provide appropriate notice before entering privately-owned property in order to collect information on it; and (5) give the property owner an opportunity to review and dispute the data collected before using it to implement or enforce any of the Acts. Amends ESA and FWPCA to provide for administrative appeals of certain actions, including those related to the denial of permits and the imposition of administrative penalties. Entitles a private property owner deprived of 50 percent or more of the fair market value or the economically viable use of a portion of property as a consequence of a final qualified agency action to receive compensation upon request in accordance with specified guidelines. Amends ESA to require the Secretary of the Interior to notify all private property owners or lessees of property subject to a management agreement and provide an appropriate opportunity for their participation in such an agreement when the Secretary enters into it with any non-Federal person establishing restrictions on property use.
United States · United States Congress · 23 February 1994
1995 Special Olympics World Games Commemorative Coin Act - Directs the Secretary of the Treasury to issue one-dollar silver coins emblematic of the 1995 Special Olympics World Games. Mandates that the surcharges collected from the sale of such coins be paid to the 1995 Special Olympics World Games Organizing Committee, Inc.
United States · United States Congress · 10 February 1994
TABLE OF CONTENTS: Title I: Saving the Taxpayers Money Subtitle A: Specific Spending Cuts Subtitle B: Reducing the Size of Government Subtitle C: Eliminating Government Printing Monopoly Title II: Streamlining the Federal Bureaucracy Subtitle A: Department of Agriculture Reorganization Subtitle B: Procurement Streamlining Subtitle C: Other Streamlining Reforms Title III: Improving Government Performance and Accountability Title IV: Improving the Legislative Process Title V: Enforcement Government Downsizing, Performance, and Accountability Act of 1994 - Title I: Saving The Taxpayers Money - Subtitle A: Specific Spending Cuts - Rescinds 7.5 percent of remaining FY 1994 appropriations for the legislative branch (except the House of Representatives and the Executive Office of the President). (Sec. 1003) Amends the Legislative Reorganization Act of 1946 to limit annual cost of living adjustments (COLAs) for Members of Congress to those for other Federal employees. (Sec. 1004) Rescinds certain FY 1994 appropriations to provide for reductions in FY 1994 budgetary outlays for, and thereafter through FY 1996 sets general obligational limits on, various specified agency administrative expenses (except Department of Defense (DOD) and other specified expenses), as determined by the Director of the Office of Management and Budget (OMB). (Sec. 1005) Makes specified rescissions in current FY 1994 appropriations for: (1) the Agency for International Development's (AID) Development Assistance Fund; (2) Department of State Diplomatic and Consular Programs; and (3) salaries and expenses of the United States Information Agency (USIA) and USIA's North/South Center. (Sec. 1006) Raises the minimum threshold for application of the prevailing wage requirements of the Davis-Bacon Act from $2,000 to $100,000 for Federal or District of Columbia contracts within the geographical limits of the 48 contiguous States. Prohibits artificially splitting contracts above the $100,000 threshold into contracts smaller than $100,000 for the purpose of evading such Act. (Sec. 1007) Permits the use of funds under the Department of Labor Appropriations Act, 1994 to implement or administer certain regulations pertaining to utilization of helpers on Federal construction projects subject to the Davis-Bacon Act. (Sec. 1008) Amends the National Foundation on the Arts and the Humanities Act of 1965 to phase-in through FY 1998 a ten percent reduction in Federal funding for the National Endowments for the Arts and the Humanities. Requires a phase-in of eight percent funding reductions for the Smithsonian Institution, the National Gallery of Art, and Corporation for Public Broadcasting. (Sec. 1009) Places a one-year moratorium on construction of new Federal buildings and agency leasing of building space, except construction of buildings primarily used for education, and certain pending projects. Rescinds a specified amount of FY 1994 obligational authority from the Federal Buildings Fund for new construction and acquisitions. (Sec. 1010) Makes specified rescissions of FY 1994 funding for: (1) the Appalachian Regional Commission; (2) the Legal Services Corporation; (3) community development block grant programs; (4) the Tennessee Valley Authority; (5) public housing; (6) the Economic Development Administration; (7) the International Developmental Association (IDA); (8) the International Bank for Reconstruction and Development; and (9) United Nations (UN) peacekeeping. (Sec. 1012) Amends the Housing and Community Development Act of 1974 to reauthorize at slightly increased levels and extend through FY 1998 the community development grant program for States, local governments, and Indian tribes. (Sec. 1014) Replaces programs providing Federal assistance for the construction of new non-Indian-related public housing with a tenant-based voucher assistance program. (Sec. 1016) Expands the program which assists Federal employees permanently disabled on the job in order to help them find new employment. Authorizes the Secretary of Labor to expand the Federal Employees' Compensation Act Periodic Roll Management Projects to all offices of the Department of Labor's Office of Workers' Compensation Program. Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994 to impose limitations on the availability of funding for the IDA in FY 1994 and 1995. (Sec. 1018) Amends the National Energy Conservation Policy Act to allow the use of any cogeneration process for other than federally owned buildings or other federally owned facilities when entering into contracts for achieving energy savings at Federal agencies. (Sec. 1019) Amends the National Housing Act to revise mortgage refinancing provisions to authorize the Secretary of the Department of Housing and Urban Development (HUD) to use amounts recaptured under such provisions for the refinancing incentives and costs payments authorized under them. Subtitle B: Reducing the Size of Government - Alaska Power Administration Sale Authorization Act - Authorizes the Secretary of Energy, in accordance with specified purchase agreements, to sell: (1) the Snettisham Hydroelectric Project to Alaska; and (2) the Eklutna Hydroelectric Project to the Anchorage Municipal Light and Power, the Chugach Electric Association, Inc., and the Matanuska Electric Association, Inc. (Sec. 1101) Directs the Secretary to: (1) close out the Alaska Power Administration; (2) report to the Congress on the sales; and (3) return to the Treasury unused balances of funds appropriated for the Alaska Power Administration. Repeals specified Federal law concerning water resources investigations in Alaska by the Secretary of the Interior. (Sec. 1102) Rescinds a specified amount of funds available for the National Oceanic and Atmospheric Administration fleet for research. (Sec. 1103) Directs the Secretary of Veterans Affairs to phase-out and close certain Department of Veterans Affairs supply depots in New Jersey, Illinois, and California and transfer funding back to the Treasury. (Sec. 1104) Repeals the State Justice Institute Act of 1984, thereby terminating the State Justice Institute. Rescinds half the FY 1994 appropriations for salaries and expenses of the State Justice Institute. (Sec. 1105) Eliminates the National Small Business Tree Planting Program. (Sec. 1106) Amends Federal law to: (1) permit DOD to contract for certain non-core functions such as data processing, billing, and payroll; (2) authorize appropriations out of a special fund credited with a portion of the delinquent debts collected in order to improve debt collection activities; (3) allow the U.S. Customs Service to utilize private debt collection companies; (4) subject the Internal Revenue Service, the Social Security Administration, and the U.S. Customs Service to statutorily prescribed debt collection reporting requirements; and (5) repeal requirements pertaining to Department of Justice contracting for private legal services in connection with indebtedness cases. Subtitle C: Eliminating Government Printing Monopoly - Government Information Dissemination and Printing Improvement Act of 1994 - Transfers the position of Superintendent of Documents (SD) and all its functions to the Library of Congress, to be carried out by an official of the same title under the direction of the Librarian of Congress. (Sec. 1202) Revokes all existing authorized printing plant charters. (Sec. 1203) Requires all Government publications to be available for use throughout the Government. (Sec. 1204) Requires each department, agency, and other entity of the Government to: (1) establish a comprehensive inventory of its publications; (2) make it available via the electronic directory; and (3) furnish its publications to the SD. (Sec. 1205) Imposes additional specified responsibilities on the: (1) Public Printer with respect to the executive and judicial branches; and (2) SD with respect to dissemination of Government publications. (Sec. 1206) Requires the head of a Government department, agency, or entity to furnish any of its publications to the SD. (Sec. 1207) Requires the SD to make Government publications available to designated depository libraries and State libraries. Title II: Streamlining The Federal Bureaucracy - Subtitle A: Department of Agriculture Reorganization - Directs the Secretary of Agriculture to: (1) consolidate field, regional, and national offices within the Department of Agriculture; and (2) reduce personnel in order to achieve a specified expenditure reduction by FY 2000. Subtitle B: Procurement Streamlining - Replaces armed forces provisions giving preference to nondevelopmental items in supply procurements with provisions for the acquisition of commercial items (property regularly used by the general public or non-governmental entities for non-governmental purposes) in equipment or supply procurements. Authorizes the Secretary of Defense to develop and acquire non-commercial equipment or supplies only if no commercial items are available. Makes cost accounting standards under the Office of Federal Procurement Policy Act (OFPPA) inapplicable to acquisitions of commercial items. (Sec. 2052) Amends the Federal Property and Administrative Services Act of 1949 (FPASA) to make similar changes with respect to civilian agency acquisitions. (Sec. 2061) Amends OFPPA to raise the small purchase threshold (renamed the simplified acquisition threshold (SAT)) to $100,000. Makes the same change with regard to armed services acquisitions, except with regard to the contingency operation exception for certain contracts and purchases. Extends the new threshold under OFPPA to FPASA. (Sec. 2066) Requires simplified procedures under the Federal Acquisition Regulation (FAR) for SAT acquisitions. (Sec. 2068) Amends OFPPA and the Small Business Act to: (1) repeal references to "the small purchase threshold" and continue existing notice thresholds for procurements over $25,000 (except that the requirement to allow 30 days for bid and proposal submission would apply only to contracts or orders in excess of SAT); and (2) prescribe additional contents for notices with respect to contracts between $25,000 and $100,000. (Sec. 2071) Exempts: (1) subject agency (National Aeronautics and Space Administration, Coast Guard, DOD, and respective military departments) contracts below SAT from contingent fee certifications, prohibitions on limiting subcontractor direct sales and doing business with certain contractors, and requirements for audits, supplier and supply source identification, and use of U.S. vessels for supply transportation; (2) civilian agency contracts below SAT from similar requirements with regard to subcontractor direct sales; (3) prime contracts below SAT from procedural and other requirements of the Anti-Kickback Act of 1986; and (4) contracts below SAT from the Miller Act (MA), the Contract Work Hours and Safety Standards Act, Service Contract Act of 1965, and Drug-Free Workplace Act of 1988, requirements regarding certain disabled veterans, and specified requirements under the Rehabilitation Act of 1973, Buy American Act, and Davis-Bacon Act. Requires the FAR to provide various alternative payment protections, including payment bonds, for suppliers of labor and materials on certain contracts under MA. (Sec. 2081) Requires the Federal Acquisition Regulatory Council to review the FAR to identify and amend regulations applicable to acquisitions below SAT. Requires agency heads to take similar action with respect to applicable supplemental regulations, policies, and procedures. Subtitle C: Other Streamlining Reforms - Amends the Copeland Act to require employers on contracts covered by the Davis-Bacon Act to certify compliance with applicable labor law standards at least once monthly, instead of weekly, to the Department of Labor. (Sec. 2102) Consolidates into the Block Grants to States for Social Services program under title XX of the Social Security Act (SSA) various social services programs under the Community Services Block Grant Act, the Child Care and Development Block Grant Act of 1990, titles III (Grants for State and Community Programs on Aging) and VII (Nutrition Program for the Elderly) of the Older Americans Act of 1965, the State Dependent Care Development Grants Act, and the SSA title IV part A (Aid to Families With Dependent Children) program for at-risk children. (Sec. 2103) Amends SSA title XVIII (Medicare) to revise the contractor system under Medicare, including eliminating the Railroad Retirement Board's authority to contract for processing the Medicare claims of railroad retirees, in order to provide for increased flexibility in contracting for Medicare claims processing. (Sec. 2104) Amends SSA title II (Old Age, Survivors and Disability Insurance) to restructure the current program for death information exchange: (1) to use, for example, a Federal Clearinghouse on Death Information as the vehicle for all such exchanges; and (2) in the case of individuals with respect to whom federally funded benefits are provided by (or through) a Federal or State agency other than under SSA, to require such agency to pay a set fee to cover all costs connected with the provision of such information for them. Ends the exemption from Internal Revenue Code requirements for Social Security Administration sharing of State collected death information with Federal, State, and local agencies granted to two States under the Omnibus Budget Reconciliation Act of 1993. (Sec. 2105) Amends SSA title II to earmark specified levels of administrative funding for continuing disability reviews of disabled beneficiaries. (Sec. 2106) Amends SSA title XI to authorize the Secretary of Veterans Affairs (VA) to use the Medicare and Medicaid Coverage Data Bank (renamed the Health Care Coverage Data Bank) to determine whether veterans receiving VA health care benefits have private insurance. (Sec. 2107) Amends the Housing and Community Development Amendments of 1978 to revise requirements for the management and disposition of Department of Housing and Urban Development (HUD)-held multifamily properties and mortgages. Title III: Improving Government Performance and Accountability - Requires that all authorization and appropriation legislation contain performance goals for any programs they fund. Provides for waivers from such requirement under certain conditions. (Sec. 3002) Amends Federal civil service law to: (1) link Federal within-grade pay increases to job performance; (2) provide for the modification of reduction-in-force (RIF) regulations to give an employee's efficiency or performance rating greater weight than tenure of employment and length of service during a RIF. (Sec. 3003) Requires the Federal Accounting Standards Advisory Board to recommend comprehensive and uniform Federal accounting and financial standards to the Congress and the President. (Sec. 3005) Revises current law regarding annual agency financial statements and agency audits, with changes requiring audited statements covering all accounts and associated activities of each office, bureau, and activity of the concerned agency. (Sec. 3006) Amends the Federal Employees' Compensation Act (FECA) to: (1) make it a felony to lie on FECA benefit applications; (2) bar from FECA program participation those individuals convicted of defrauding it; and (3) generally cut off FECA benefits to individuals in correctional facilities who have been convicted of a felony. (Sec. 3007) Allows Federal agencies to reduce employees or positions below mandated personnel levels. Title IV: Improving the Legislative Process - Amends the Congressional Budget and Impoundment Control Act of 1974 to require that each line-item in an appropriations bill and each tax expenditure in a revenue bill be enrolled as a separate bill to be presented to the President (effectively giving the President line-item veto authority over such measures while ensuring that the override provisions of the U.S. Constitution apply). (Sec. 4002) Amends rule XVI of the Standing Rules of the Senate to allow a point of order against reception or consideration of any appropriations bill or amendment containing a provision that has not been previously authorized by law within the preceding five years. (Sec. 4003) Amends the Congressional Budget Act of 1974 to make congressional consideration of emergency legislation subject to the same budgetary points of order and super-majority waiver requirements as other legislation. Title V: Enforcement - Provides that none of the changes in direct spending and receipts resulting from this Act shall be reflected in OMB estimates under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Directs the Director of OMB, upon enactment of this Act, to make specified downward adjustments in discretionary spending limits under the Congressional Budget Act of 1974 for FY 1994 through 1999. Makes specified reductions in budget outlays and authority for the House and Senate Committees on Appropriations under the Congressional Budget Act of 1974. Authorizes and directs each Committee on Appropriations to adjust its suballocations among its subcommittees for FY 1994 to reflect the lower allocations provided above. Amends the Congressional Budget Act of 1974 and the Gramm-Rudman-Hollings Act to provide for the establishment of a defense firewall through FY 1998.
United States · United States Congress · 7 February 1994
Expresses the sense of the Congress that a postage stamp should be issued to honor the 100th anniversary of the Jewish War Veterans of the United States and that the Citizens' Stamp Advisory Committee of the U.S. Postal Service should make such recommendation to the Postmaster General.
United States · United States Congress · 27 January 1994
TABLE OF CONTENTS: Title I: Portable and Permanent Private Health Insurance Subtitle A: Portability Subtitle B: Permanence Title II: Expansion of Health Care Choices Subtitle A: Employer-Provided Health Insurance Subtitle B: Medical Savings Accounts Title III: Equal Tax Treatment for Health Insurance of Self-Employed and Uninsured Title IV: Small Business Health Insurance Pools Title V: Assistance to Individuals With Preexisting Conditions in Purchasing Health Insurance Title VI: Encourage Responsible Behavior by the Financially Capable Title VII: Assistance to Low-Income Workers to Purchase Health Insurance Title VIII: Reward Preventive Medicine and Healthy Lifestyles Title IX: Reform Medicaid and Expand Choices Under Medicare Subtitle A: Medicaid Subtitle B: Medicare Title X: Enhanced Efficiency Through Paperwork Reduction Title XI: Meaningful Medical Liability Reform Title XII: Antitrust Reforms Title XIII: Expenditure Targets for the Medicaid and Medicare Programs Comprehensive Family Health Access and Savings Act - Title I: Portable and Permanent Private Insurance - Subtitle A: Portability - Amends the Internal Revenue Code to modify required continuation coverage of group health plans by allowing the offering of annual deductibles for such coverage. Terminates such continuation coverage after an individual is eligible for employer-based coverage for more than 90 days. (Sec. 102) Allows penalty-free withdrawals from qualified retirement plans to pay for health insurance during a continuation period. Subtitle B: Permanence - Prohibits an insurer from cancelling an individual or group health insurance plan or denying renewal of coverage except for specified reasons. Prohibits an employer from cancelling a self-insured group health plan or denying renewal of coverage except for similar reasons. (Sec. 112) Requires individual health insurance plans and group health plans to offer insureds the option to purchase new health insurance plans after enactment of this Act. Title II: Expansion of Health Care Choices - Subtitle A: Employer-Provided Health Insurance - Requires an employer-provided health insurance package to include one of the following options: (1) the health insurance coverage provided by the employer on the date of enactment of this Act; (2) coverage in a health maintenance organization, managed care arrangement, or preferred provider organization; or (3) a medical savings account. Subtitle B: Medical Savings Account - Allows a deduction from gross income for medical expenses attributable to coverage under a catastrophic health insurance plan. (Sec. 212) Allows individuals a tax deduction for contributions made to a medical care savings account established for the benefit of an eligible individual or such individual's spouse and dependents. Allows such deduction whether or not an individual itemizes deductions. Disallows distributions from such accounts as medical expense deductions. Excludes employer contributions to such accounts from employment taxes. Establishes an excise tax for excess contributions to medical care savings accounts and for prohibited transactions. Title III: Equal Tax Treatment for Health Insurance of Self-Employed and Uninsured - Allows as an exclusion from gross income such self-employed health insurance costs as do not exceed the national per employee average of the employer-provided contribution excluded from gross income. Excludes certain health insurance costs from employment taxes. Title IV: Small Business Health Insurance Pools - Prohibits: (1) State restrictions on groups purchasing health insurance; (2) State benefit mandates for group health plans; and (3) for five years following enactment, specified State restrictions on managed care. Title V: Assistance to Individuals with Preexisting Conditions in Purchasing Health Insurance - Requires the Secretary to establish and administer a program providing allotments to States for the establishment of State-wide insurance risk pools to provide health insurance coverage to individuals with preexisting conditions. Authorizes appropriations. Title VI: Encourage Responsible Behavior by the Financially Capable - Prohibits any family with an income exceeding 200 percent of the poverty line or who is eligible for a catastrophic health insurance plan as defined in title VII of this Act, but who fails to purchase a plan providing such coverage within one year of enactment from being eligible for the insurance pool program under title V of this Act. Title VII: Assistance to Low-Income Workers to Purchase Insurance - Amends the Internal Revenue Code to allow a refundable tax credit for the cost of premiums for a catastrophic health insurance plan based upon family income and size. Allows the advance payment of such credit. Disallows the use of such credit amount as a medical expense deduction. (Sec. 702) Allows the collection of unpaid debts for medical expenses from individuals who are eligible for such credit but fail to claim it. Title VIII: Reward Preventive Medicine and Healthy Lifestyles - Provides that in the case of any health insurance plan, no provision of State or local law shall apply that restricts the reduction of premiums or the allowance of incentives with respect to such plans for individuals who pursue healthy lifestyles. Title IX: Reform Medicaid and Expand Choices Under Medicare - Subtitle A: Medicaid - Amends title XIX (Medicaid) of the Social Security Act to place a specified formula cap on the Federal payment made each year to a State for furnishing medical assistance to eligible individuals. (Sec. 902) Provides for waivers from Medicaid requirements in order for States to establish innovative and cost-effective programs for furnishing medical assistance to eligible individuals. Subtitle B: Medicare - Amends title XVIII (Medicare) of the Social Security Act to allow an individual to elect health care coverage through either a private health care arrangement or an eligible organization within one year after becoming entitled to benefits under Medicare part A (Hospital Insurance) or forgoing an employer health benefit plan. Details the election process for current Medicare part A beneficiaries. Provides for payments under Medicare to individuals enrolled with such arrangements or organizations, including additional amounts from the Medicare trust funds for individuals enrolled with such arrangements. Title X: Enhanced Efficiency Through Paperwork Reduction - Directs the Secretary of Health and Human Services to adopt standards to reduce the administrative and paperwork burdens of all Federal health care programs by 50 percent within the two-year period following the date of this Act's enactment (initial reduction), and by an additional 50 percent reduction over a subsequent three-year period (subsequent reduction), for a total reduction of 75 percent over the five-year period following such date. Requires the Secretary, to achieve the initial reduction, to adopt standards for Federal health care programs relating to: (1) data elements for use in paper and electronic claims processing under health insurance plans, as well as for use in utilization review and management of care; (2) uniform claims forms; and (3) uniform electronic transmission of the data elements, including protections to assure the confidentiality of patient-specific information and to protect against the unauthorized use and disclosure of information. Directs the Secretary, to achieve the subsequent reduction, to modify by regulation the standards adopted with respect to the initial reduction. Specifies that such modification may include such recommendations as reported by the Standardized Form Commission or any other provisions necessary to meet the goals for reduction in the paperwork burden of Federal health care programs. (Sec. 1002) Requires each State, to be eligible for Federal funds in connection with any State-administered health care program, to standardize the processing of paper and electronic claims to reduce the administrative and paperwork burdens on such programs by 75 percent during the five-year period following enactment of this Act. Sets forth provisions regarding enforcement of this provision and waivers of payment reductions for noncompliance. (Sec. 1003) Directs the Secretary to: (1) establish a Standardized Forms Commission to make recommendations on the standardization of paper and electronic claims processing to reduce the paperwork burden and enhance the efficiency and productivity of claims processing; and (2) submit recommendations to the Congress in the form of an implementing bill. Sets forth procedures for congressional consideration of such bill. Makes a health care provider or insurer that fails to comply with any enacted recommendations of the Commission ineligible for payments of claims submitted under any provision of the Social Security Act or the Public Health Service Act. Title XI: Meaningful Medical Liability Reform - Makes this title applicable with respect to any medical malpractice liability claim or action (such action) brought in State or Federal court, except with respect to certain claims or actions for damages arising from a vaccine-related injury or death. Sets forth provisions regarding: (1) preemption; (2) negotiated liability; (3) effect on sovereign immunity and choice of law or venue; and (4) jurisdiction. (Sec. 1102) Prohibits such action from being initiated after the expiration of: (1) the two-year period that begins on the latter of the date the alleged injury that is the subject of the claim was discovered or the date the injury should reasonably have been discovered; and (2) the four-year period that begins on the date on which the alleged injury occurred. Makes an exception for a minor who has not attained age six. (Sec. 1103) Provides that: (1) the liability of each defendant in such action, with respect to economic and noneconomic damages, shall be several only and not joint; (2) such a defendant shall be liable only for the amount of damages allocated to the defendant in direct proportion to such defendant's percentage of fault or responsibility for the injury; and (3) the trier of fact shall determine and assign a percentage of responsibility for each such defendant. (Sec. 1104) Requires: (1) all requests for discovery pursuant to such action to identify the relevant portion of the complaint, answer, or other pleading to which responses to the discovery requests are expected to relate; and (2) the court, with respect to any motion for an order compelling discovery, to award the prevailing party reasonable fees and expenses incurred in bringing or defending against the motion, including reasonable attorney fees, unless the court finds that the position of the unsuccessful party with substantially justified or that special circumstances make such an award unjust. (Sec. 1105) Limits the total amount of noneconomic damages that may be awarded to a claimant and family members to $250,000, regardless of the number of parties against whom the action is brought or the number of actions brought with respect to the injury. (Sec. 1106) Specifies that a defendant may not be required to pay damages awarded for any economic losses to be incurred after the date on which the judgment is entered exceeding $100,000, in a single, lump-sum payment, but shall be permitted to make such payments periodically based on projections of the amount of damages expected to be incurred by the claimant at appropriate intervals, as determined by the court. Permits the court to require that a defendant purchase an annuity or fund a reversionary trust to make periodic payments if the court determines that a reasonable basis exists for concluding that the defendant may be unable or otherwise fail to make the required periodic payments. Specifies that a court judgment awarding such payments may not be reopened at any time to contest, amend, or modify the schedule or amount of the payments in the absence of fraud or any other basis under which a party may obtain relief from a final judgment. (Sec. 1107) Sets forth provisions regarding costs and fees, including limitations on attorneys charging or collecting contingency fees. Establishes recordkeeping requirements as a prerequisite to the receipt of an award of attorney fees. (Sec. 1108) Sets forth provisions regarding: (1) contribution and indemnification; and (2) collateral sources. (Sec. 1110) Prohibits the award of noneconomic damages with respect to any medical product liability claim alleged against a medical product producer if: (1) the drug or device that is the subject of such claim was subject to specified approval or premarket approval under the Federal Food, Drug, and Cosmetic Act by the Food and Drug Administration (FDA); or (2) the drug or device is generally recognized as safe and effective pursuant to conditions established by the FDA and applicable regulations, including packaging and labeling regulations. Makes exceptions in cases of withheld information, misrepresentation, or illegal payment of FDA officials to secure approval. (Sec. 1111) Provides that, in any medical malpractice liability action that is certified as a class action: (1) the share of damages under any final judgment or settlement that is awarded to any party serving as a representative claimant shall be calculated in the same manner as the shares awarded to all other members of the claimant class (but permits the award of reasonable compensation, costs, and expenses relating to the representation of the class); (2) if a party is represented by an attorney who has a beneficial interest in the subject of the litigation, the court shall make a determination of whether such interest constitutes a conflict of interest sufficient to disqualify the attorney; and (3) an attorney may not represent the class if the attorney has paid, or is obligated to pay, a fee to a third party who assisted the attorney in obtaining the representation of any party to the action (and bars an attorney who knowingly violates this provision from representing the party in such action or any action to which this title applies). Title XII: Antitrust Reforms - Directs the Attorney General to promulgate guidelines under which a health care joint venture may submit an application requesting that the Attorney General provide the entities participating in the venture with an exemption under which: (1) monetary recovery on an antitrust claim brought against the entity shall be limited to actual damages if specified conditions are met; and (2) the conduct of the entity in making or performing a contract to carry out the venture shall not be deemed illegal per se. Requires the Attorney General to approve or disapprove the application within a specified time frame and to provide a statement explaining the reasons for any disapproval. Directs the Attorney General to approve the application if an entity participating in the venture submits to the Attorney General an application that contains: (1) the identities of the parties to the venture; (2) the nature, objectives, and planned activities of the venture; and (3) specified assurances and information. Sets forth provisions regarding: (1) revocation and renewal of exemptions and withdrawal of an application; (2) requirements relating to notice and publication of exemptions; and (3) issuance of health care certificates of public advantage to each eligible health care joint venture that complies with specified requirements. (Sec. 1203) Establishes the Interagency Advisory Committee on Competition, Antitrust Policy, and Health Care to: (1) discuss and evaluate competition and antitrust policy and their implications regarding the performance of health care markets; (2) analyze the effectiveness of health care joint ventures receiving exemptions in reducing costs and expanding access; and (3) make recommendations to the Congress. Title XIII: Expenditure Targets for the Medicaid and Medicare Programs - Requires the Director of the Office of Management and Budget, not later than 30 days after the end of each fiscal year beginning with FY 1995, to determine the amount of "medicaid excess expenditures" and "medicare excess expenditures" for such fiscal year. Defines such terms for a fiscal year as the amount by which the Federal expenditures under each such program for such fiscal year exceed the target expenditures for each such program. Sets formulas for determining the target expenditures. (Sec. 1302) Provides that if the Director determines that there are Medicaid or Medicare excess expenditures for a fiscal year, specified categories of health insurance benefits (including certain tax credits and exclusions and assistance to individuals with preexisting conditions in purchasing health insurance) that are effective in the applicable taxable or calendar year beginning after such fiscal year may be delayed until the following year. Makes such provision applicable only to so many of such categories in the order in which such categories are listed such that the savings resulting from such delay at least equal the costs of the Medicaid and Medicare excess expenditures.
United States · United States Congress · 27 January 1994
Amends the Omnibus Budget Reconciliation Act of 1993 to provide that the initial month for which a cost of living increase in retired pay that becomes effective on December 1 of 1993 through 1995 is payable shall be March of the following year.
United States · United States Congress · 25 January 1994
TABLE OF CONTENTS: Title I: Portable and Permanent Private Health Insurance Subtitle A: Portability Subtitle B: Permanence Title II: Small Business Health Insurance Pools Title III: Enhanced Efficiency Through Paperwork Reduction Title IV: Antitrust Reforms Consensus Interim Health Act - Title I: Portable and Permanent Health Insurance - Subtitle A: Portability - Amends COBRA provisions of the Internal Revenue Code with respect to continuation coverage requirements to permit the options of: (1) identical coverage; (2) coverage with an annual $1,000 deductible; and (3) coverage with an annual $3,000 deductible. Permits penalty-free withdrawals from qualified retirement plans for such coverage. Subtitle B: Permanence - Prohibits either an insurer or an employer from cancelling a health plan other than for: (1) nonpayment of premiums; (2) fraud; (3) noncompliance; or (4) the plan will no longer be provided in a geographic area. (Sec. 112) Requires an insurer, with respect to any individual health plan as of enactment, to offer the insured the option to purchase a new individual health insurance plan. (Sec. 113) Requires an insurer, with respect to any group health plan in effect as of enactment, to offer the option to purchase upon leaving the group a new individual health insurance plan. Title II: Small Business Health Insurance Pools - Prohibits any State or local law from applying that: (1) prohibits two or more employers or groups from obtaining coverage under a multiple employer health plan; and (2) requires the coverage of one or more specific benefits, services, or categories of health care or provider. (Sec. 203) Preempts, for five years, the following provisions of State law: (1) restrictions on reimbursement rates or selective contracting; (2) restrictions on differential financial incentives; and (3) restrictions on utilization review methods. Title III: Enhanced Efficiency Through Paperwork Reduction - Directs the Secretary of Health and Human Services to adopt standards to reduce the administrative and paperwork burdens of all Federal health care programs by a total of 75 percent over a five-year period. (Sec. 302) Requires any State-administered health care program, in order to be eligible for funds in connection with such program, to standardize the processing of paper and electronic claims by 75 percent over a five-year period. (Sec. 303) Provides for the establishment of a Standardized Forms Commission to make recommendations on the standardization of paper and electronic claims processing. Title IV: Antitrust Reforms - Provides for the promulgation of guidelines under which a health care joint venture may request that the entities participating in the joint venture receive specified exemptions under the antitrust laws. (Sec. 402) Permits the Attorney General to issue a certificate of public advantage to an eligible health care joint venture, exempting such venture under the antitrust laws, if: (1) the benefits that are likely to result outweigh any likely reduction in competition; and (2) any such reduction is reasonably necessary to obtain such benefits. (Sec. 403) Establishes the Interagency Advisory Committee on Competition, Antitrust Policy, and Health Care in order to: (1) evaluate competition and antitrust policy; (2) analyze the effectiveness of health care joint ventures receiving exemptions; and (3) make recommendations.
United States · United States Congress · 22 November 1993
TABLE OF CONTENTS Title I: Basic Reforms to Expand Access to Health Insurance coverage and to Ensure Universal Coverage Subtitle A: Universal Access Subtitle B: Qualified General Access Plans in the Small Employer and Individual Marketplace Subtitle C: Qualified Health Plans in the Large Employer Marketplace Subtitle D: Benefits; Benefits Commission Subtitle E: State and Federal Responsibilities in Relation to Qualified Health Plans Subtitle F: Universal Coverage Subtitle G: Definitions Title II: Tax Enforcement Provisions Subtitle A: General Tax Provisions Subtitle B: Provisions Relating to Acceleration of Death Benefits Subtitle C: Long-Term Care Tax Provisions Subtitle D: Enforcement Provisions Title III: Quality Assurance and Simplification Subtitle A: Quality Assurance Subtitle B: Administrative Simplification Title IV: Judicial Reforms Subtitle A: Medical Liability Reform Subtitle B: Anti-Fraud and Abuse Control Program Subtitle C: Treatment of Certain Activities Under the Antitrust Laws Title V: Special Assistance for Frontier, Rural, and Urban Underserved Areas Subtitle A: Frontier, Rural, and Urban Underserved Areas Subtitle B: Primary Care Provider Education Subtitle C: Programs Relating to Primary and Preventive Care Services Title VI: Treatment of Existing Federal Programs Subtitle A: Medicaid Program Subtitle B: Medicare Title VII: Patient's Right to Self-Determination Regarding Health Care Health Equity and Access Reform Today Act of 1993 - Title I: Basic Reforms to Expand Access to Health Insurance Coverage and to Ensure Universal Coverage - Subtitle A: Universal Access - Provides access to health insurance coverage under a qualified health plan for every citizen and lawful permanent resident of the United States. (Sec. 1003) Establishes a program under which persons with low incomes (and who are not eligible for Medicaid) will receive vouchers to buy insurance through purchasing groups. (Sec. 1004) Requires each employer to make available, either directly, through a purchasing group, or otherwise, enrollment in a qualified health plan to each eligible employee. Subtitle B: Qualified General Access Plan in the Small Employer and Individual Marketplace - Requires the National Association of Insurance Commissioners to develop specific standards to implement requirements concerning: (1) guaranteed eligibility, availability, and renewability of health insurance coverage; (2) nondiscrimination based on health status; (3) benefits offered; (4) insurer financial solvency; (5) enrollment process; (6) premium rating limitations; (7) risk adjustment; and (8) consumer protection. (Sec. 1119) Requires each qualified general access plan to: (1) establish and maintain a quality assurance program and a mediation procedures program; and (2) contain assurances of service to designated underserved areas. (Sec. 1141) Provides for the formation of purchasing groups by individuals and small employers. (Sec. 1161) Requires brokers or insurers to provide specified information to prospective enrollees. (Sec. 1162) Prohibits insurers from creating improper financial incentives and from selling duplicate coverage. Subtitle C: Qualified Health Plans in the Large Employer Marketplace - Requires the Secretary of Health and Human Services, in consultation with the Secretary of Labor, to establish standards for large employer plans similar to requirements applicable to small employer plans. (Sec. 1203) Requires large employers to offer to employees at least a standard package and a catastrophic package. (Sec. 1205) Allows two or more large employers to form purchasing groups, but not through an individual or small employer purchasing group. (Sec. 1206) Requires a semi-annual review of each large employer plan to determine whether requirements are being met and what corrective actions need to be taken. (Sec. 1221) Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to revise provisions to conform to this Act. Subtitle D: Benefits; Benefits Commission - Requires each qualified health plan to provide a standard package and a catastrophic package. Specifies items and services to be covered. (Sec. 1311) Establishes the Benefits Commission to develop and propose legislation that provides a clarification of covered items and services and includes specifications for cost sharing. (Sec. 1314) Provides for congressional consideration and implementation of such legislation. Subtitle E: State and Federal Responsibilities in Relation to Qualified Health Plans - Requires each State to establish a program to: (1) certify insured health plans; (2) disseminate information on health care coverage areas; (3) establish procedures for purchasing groups; (4) prepare information concerning plans and purchasing groups; (5) provide for a risk adjustment program, including an adjustment for differences in nonpayments among qualified insured health plans; (6) develop a binding arbitration process; and (7) specify an annual general enrollment period. (Sec. 1421) Allows the waiver of specified requirements. (Sec. 1431) Provides preemptions of certain State laws. (Sec. 1441) Specifies the Federal responsibilities with respect to multi-State employer plans and in case of State defaults. Subtitle F: Universal Coverage - Requires each citizen or lawful permanent resident to be covered under a qualified health plan or equivalent health care program by January 1, 2005. Provides an exception for any individual who is opposed for religious reasons to health plan coverage, including those who rely on healing using spiritual means through prayer alone. Subtitle G: Definitions - Defines terms used in this Act. Title II: Tax and Enforcement Provisions - Subtitle A: General Tax Provisions - Amends the Internal Revenue Code to exclude from an employee's gross income employer-provided coverage under a qualified health plan or employer-provided contributions to the employee's medical savings account. Includes excess employer contributions in such gross income. (Sec. 2002) Allows a business expense deduction for employer costs of qualified health plans or contributions to an employee's medical savings account. Increases the allowable deduction (from 25 percent to 100 percent) for the qualified health insurance costs of self-employed individuals. Makes such deduction permanent. (Sec. 2003) Allows individuals a tax deduction for contributions made to a medical care savings account established for the benefit of an eligible individual. Allows such deduction whether or not an individual itemizes deductions. Disallows distributions from such accounts as medical expense deductions. Excludes employer contributions to such accounts from employment taxes. Establishes an excise tax for excess contributions to medical care savings accounts. (Sec. 2004) Eliminates the commonality of interest and geographic location requirements with respect to group purchasing by large tax-exempt organizations. (Sec. 2005) Revises and repeals provisions concerning continuation coverage requirements of group health plans upon implementation of this Act. Subtitle B: Provisions Relating to Acceleration of Death Benefits - Requires payment under a life insurance contract on the life of an insured who is terminally ill to be treated as a death benefit, making such payment eligible for tax exclusion from gross income. (Sec. 2102) Provides that any reference to life insurance shall be treated as referring to a qualified terminal illness rider. Subtitle C: Long-Term Care Tax Provisions - Treats qualified long-term care services as medical care for purposes of the medical expense deduction. (Sec. 2202) Provides for the treatment of long-term care insurance as accident and health insurance. (Sec. 2301) Sets forth consumer protection provisions to be satisfied by qualified long-term care insurance contracts, including the model regulation and Act promulgated by National Association of Insurance Commissioners (NAIC). Requires NAIC to promulgate standards for the use of uniform language and definitions in such policies, with certain variations permitted. Subtitle D: Enforcement Provisions - Amends part A (General Provisions) of Social Security Act title XI to establish the Health Insurance Coverage Data Bank to: (1) further the purposes of coverage requirements under this Act; and (2) collect certain information reported by employers about individual employee group health plan coverage for purposes of identifying and collecting from responsible third parties any amounts owed to reimburse Medicare or Medicaid for health care items and services furnished to their beneficiaries. (Replaces the Medicare and Medicaid Coverage Data Bank.) (Sec. 2402) Amends the Internal Revenue Code to impose excise taxes on failures by employers and insurers to comply with provisions of this Act. (Sec. 2411) Amends the Employee Retirement Income Security Act of 1974 to make conforming changes regarding enforcement of employer failures. Title III: Quality Assurance and Simplification - Subtitle A: Quality Assurance - Directs the Secretary of Health and Human Services, in consultation with relevant agencies, to develop and publish standards for quality assurance programs and ensure that appropriate performance measures are established. Requires the standards to contain provider risk programs to prevent or provide early warning of practices that may result in injury. (Sec. 3002) Provides for the standardization of information through a national health data system. (Sec. 3003) Requires the Secretary to establish measures to determine quality of care in specialized centers of care. (Sec. 3004) Authorizes appropriations to examine the feasibility of creating an Agency for Clinical Evaluations by consolidating the responsibilities of specified other offices. (Sec. 3005) Requires the Secretary to report annually to the Congress on factors affecting universal coverage and make recommendations for increasing such coverage. (Sec. 3006) Requires the Secretary to monitor the reinsurance market for qualified health plans and periodically report to the Congress on the financial implications. (Sec. 3101) Amends the Public Health Service Act to establish within the Agency for Health Care Policy and Research a clearinghouse for information and research data concerning clinical trials. Requires the appointment of a fund investigator for the Agency. (Sec. 3201) Amends the Internal Revenue Code to establish the National Fund for Medical Research and provide for the designation of tax overpayments to such fund. Subtitle B: Administrative Simplification - Establishes a health care data interchange system to make data available on a uniform basis to all participants in the health care system. (Sec. 3302) Requires the Health Care Data Panel to develop regulations for the operation of an integrated electronic health care data interchange system. (Sec. 3304) Sets forth requirements for such system including: data and transaction standards, uniform working files, code sets, unique identifiers, standards for confidentiality, rules for the transfer of information, and periodic reviews. (Sec. 3313) Establishes the Health Care Data Panel and a National Health Informatics Commission to advise the Panel on its activities. Title IV: Judicial Reforms - Subtitle A: Medical Liability Reform - Requires a qualified health plan to provide effective mediation procedures for hearing and resolving health care malpractice claims. (Sec. 4013) Requires each State to adopt an alternative dispute resolution method for the resolution of health care malpractice claims and consumer grievances. (Sec. 4021) Establishes provisions with respect to liability under health care malpractice actions brought in State or Federal courts. (Sec. 4022) Limits attorney contingency fees and award amounts for noneconomic damages. (Sec. 4024) Establishes a two-year statute of limitations for health care malpractice claims, except in the case of minors. (Sec. 4025) Requires each State to establish a set of specialty clinical guidelines. Allows the use of such guidelines as a rebuttable presumption in a claim or action, if the service provided was the appropriate standard of medical care. (Sec. 4026) Prohibits the award of punitive damages against the producer of a drug or device that is approved by the Food and Drug Administration. (Sec. 4027) Requires a report to the appropriate congressional committees on the operation of this subtitle. Subtitle B: Anti-Fraud and Abuse Control Program - Requires the Secretary to establish in the Office of the Inspector General of the Department of Health and Human Services a program to control fraud and abuse under the universal health care plan. Establishes the Anti-Fraud and Abuse Trust Fund. (Sec. 4102) Amends title XI of the Social Security Act (SSA) to provide for the application of the penalties for Medicare and Medicaid fraud to all health care programs. (Sec. 4103) Requires the Secretary to establish a program through which Medicare-eligible individuals may report instances of suspected fraud under Medicare. (Sec. 4111) Revises current SSA title XI sanctions for fraud and abuse involving Medicare and State health care programs, with changes providing for: (1) program exclusion for individuals convicted of a felony relating to fraud or the unlawful manufacture or dispensing of a controlled substance; (2) new offenses under civil monetary penalty provisions, such as the offering of inducements to program-eligible individuals; (3) establishment of a minimum period of exclusion for practitioners and persons who fail to meet statutory obligations; (4) intermediate sanctions on eligible health maintenance organizations for program violations; and (5) procedures for imposing such sanctions. (Sec. 4121) Directs the Secretary to establish a national health care fraud and abuse data collection program for the reporting by each government agency and health care plan of final adverse actions against health care providers, suppliers, and practitioners. Requires program information to be made available to the public for a reasonable fee. (Sec. 4122) Amends SSA title XI to require the Secretary to publish in the Federal Register a listing of all final adverse actions taken during the quarter. (Sec. 4131) Amends the Federal criminal code to set penalties for knowingly executing a scheme or artifice to: (1) defraud any health care plan in connection with the delivery of, or payment for, health care benefits, items, or services (benefits); and (2) obtain, by means of false or fraudulent pretenses, representations, or promises, money or property owned by, or under the custody or control of, any health care plan or person in connection with the delivery of, or payment for, health care benefits. (Sec. 4132) Directs the court, upon a finding that a Federal health care offense is of a type that poses a serious threat to the health of any individual or has a significant detrimental impact on the health care system, to order a person convicted of that offense to forfeit property that was used in the commission of the offense or that constitutes or was derived from proceeds traceable to the offense that is of a value proportionate to the seriousness of the offense. (Sec. 4133) Authorizes the Attorney General to commence a civil action in Federal court to enjoin a violation constituting a Federal health care offense. (Sec. 4134) Makes commission of a Federal health care offense a predicate to a violation of the Racketeer Influenced and Corrupt Organizations Act. (Sec. 4141) Makes provisions of the Civil False Claims Act applicable to the use of false records or statements made to a health care plan. Includes within the definition of "claim" for purposes of such Act any request or demand for money or property which is made or presented to a health care plan. Subtitle C: Treatment of Certain Activities Under the Antitrust Laws - Exempts from the antitrust laws specified "safe harbor" activities related to the provision of health care services. Sets forth provisions regarding the award of attorney fees and costs of suit to the prevailing party in an action based on a claim involving activity found to be exempt. (Sec. 4202) Lists as safe harbors specified: (1) activities relating to health care services of combinations of health care providers with market share below a specified threshold; (2) activities of medical self-regulatory entities relating to standard setting or enforcement activities not conducted for purposes of financial gain; (3) participation of a health care provider in a written survey of the prices of services, reimbursement levels, or the compensation and benefits of employees and personnel; (4) activities relating to health care joint ventures for high technology and costly equipment and services; (5) activities relating to hospital mergers; (6) joint purchasing arrangements; and (7) negotiations. (Sec. 4203) Directs the Attorney General to publish a notice in the Federal Register soliciting proposals for additional safe harbors and to review and report to the Congress on proposed safe harbors. Sets forth criteria in establishing safe harbors, including: (1) the extent to which a competitive or collaborative activity will accomplish an increase in health care access and quality, the establishment of cost efficiencies, and increased ability of health care facilities to provide services in medically underserved areas or to underserved populations; and (2) whether designation as a safe harbor will result in specified desirable outcomes. (Sec. 4204) Directs the Attorney General to issue certificates of review for providers of health care services and assist persons in applying for such certificates. Sets forth provisions regarding applications for, revocation of, and review of determinations regarding such certificates. Limits the disclosure of information. (Sec. 4205) Sets forth provisions regarding notifications providing for a reduction in certain penalties under the antitrust laws for health care cooperative ventures. (Sec. 4206) Directs the Attorney General to: (1) review the safe harbors and certificates of review periodically; and (2) promulgate such rules, regulations, and guidelines as necessary to carry out provisions of this subtitle. (Sec. 4208) Establishes within the Department of Health and Human Services an Office of Health Care Competition Policy. Title V: Special Assistance for Frontier, Rural, and Urban Underserved Areas - Subtitle A: Frontier, Rural, and Urban Underserved Areas - Amends the Public Health Service Act to establish a program of allotments to States for grants for community-based primary health services to low-income or medically underserved populations regarding infant mortality and referrals for the health management of infants and pregnant women. Earmarks for the allotments specified percentages of appropriations under certain provisions added by this Act. (Sec. 5002) Mandates grants to federally qualified health centers (FQHCs) and other entities for providing access to services for medically underserved populations or in high impact areas not currently being served by a FQHC. Authorizes appropriations. Directs the Secretary to report to the appropriate congressional committees on the relationship and interaction between community health centers and hospitals in providing services to such populations. (Sec. 5003) Amends the Internal Revenue Code to: (1) allow a nonrefundable credit for certain primary health services providers for mandatory service periods in health professional shortage areas; (2) exclude from gross income qualified loan repayments to the National Health Service Corps; (3) increase the dollar limitation allowed for expensing medical equipment used in rural health shortage areas; and (4) allow a deduction for student loan payments by medical professionals practicing in rural areas. (Sec. 5004) Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for: (1) establishment of rural emergency access care hospitals under Medicare; and (2) coverage of and payment for rural emergency access care hospital services under Medicare part B (Supplementary Medical Insurance). (Sec. 5005) Amends the Public Health Service Act to direct the Secretary to make grants to States to assist in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas with access to treatments. Sets forth provisions regarding: (1) application and State plan requirements; (2) considerations in awarding grants; (3) State administration and use of grants; (4) the number of grants; and (5) reporting requirements. Authorizes appropriations. (Sec. 5006) Authorizes the Secretary to conduct a demonstration project and grant program to encourage the development and operation of rural health networks. Authorizes appropriations. (Sec. 5007) Requires the Secretary to report to the Congress on improving access to benefits under qualified health plans for individuals residing in rural areas. Subtitle B: Primary Care Provider Education - Requires the Secretary to provide for the establishment of demonstration projects to evaluate mechanisms to increase the number and percentage of medical students entering primary care practice through funds otherwise available for direct graduate medical education costs under the Medicare program. (Sec. 5102) Allows funding under Medicare for training in nonhospital-owned facilities. (Sec. 5103) Increases authorized funding for the National Health Service Corps Scholarship and Loan Repayment Programs. Authorizes funding through FY 1998. (Sec. 5104) Increases and extends through FY 1997 authorized funding for training for certain health service providers. Subtitle C: Programs Relating to Primary and Preventive Care Services - Authorizes appropriations for a grant program to improve coordination of maternal and infant care. (Sec. 5202) Amends the Elementary and Secondary Education Act of 1965 to authorize appropriations to carry out a comprehensive school health education and prevention program for elementary and secondary school students. (Sec. 5203) Allows frontier States (including Alaska, Wyoming, and Montana) to implement proposals and participate in demonstration projects which give special consideration to their diverse needs. Title VI: Treatment of Existing Federal Programs - Subtitle A: Medicaid Program - Gives States the option of allowing the enrollment of Medicaid-eligible individuals (including a limited number of AFDC- and SSI-eligible individuals) in the standard benefit package under a qualified health plan, instead of enrollment in the State's Medicaid program. (Sec. 6001) Sets forth requirements for States exercising such option. Places a cap on Federal payments for acute medical services furnished under a State's Medicaid programs. (Sec. 6011) Discontinues reimbursement standards for inpatient hospital services. Revises the Federal medical assistance percentage for certain States. Modifies Federal requirements to allow States more flexibility in contracting for coordinated care services under Medicaid. (Sec. 6021) Provides for waivers from requirements on coordinated care programs. Gives States the option to guarantee the continued Medicaid eligibility of individuals enrolled with risk contracting and other managed care entities. (Sec. 6031) Provides for phased-in elimination of Medicaid hospital disproportionate share adjustment payments. Subtitle B: Medicare - Requires the Secretary to: (1) submit to the Congress a proposal for legislation which provides for the enrollment of Medicare beneficiaries in qualified health plans; and (2) provide for a monthly payment to a qualified health plan on behalf of enrolled Medicare beneficiaries. (Sec. 6111) Amends the Omnibus Budget Reconciliation Act of 1990 (OMBRA '90) to revise provisions for a modified payment methodology for risk contractors. (Sec. 6112) Requires the Secretary to provide for adjustment in Medicare capitation payments to take into account secondary payer status. Authorizes the Secretary to make additional payments to eligible organizations with risk-sharing contracts. (Sec. 6121) Amends OMBRA '90 to: (1) make permanent the Medicare select policy program; and (2) allow access to Medicare select policies in all States. Amends Medicare to revise the Medicare select policy program and provide for a civil penalty for misrepresentations made in connection with such a policy. (Sec. 6131) Makes specified changes with regard to monthly Medicare part B premium determinations for part B enrollees. (Sec. 6132) Amends the Internal Revenue Code to provide for an increase in the Medicare part B premium for individuals with high income. (Sec. 6133) Makes permanent certain payment reductions relating to outpatient hospital services furnished under Medicare. (Sec. 6135) Imposes copayments for laboratory services and certain home health visits provided under Medicare. (Sec. 6137) Provides for phased-in elimination of Medicare disproportionate share hospital payments. (Sec. 6138) Directs the Secretary to discontinue hospital reimbursements for costs relating to the recovery of bad debts. (Sec. 6139) Makes specified changes with regard to Medicare as a secondary payer. Title VII: Patient's Right to Self-Determination Regarding Health Care - Provides for the treatment of advance directives and other measures, including a study by the Secretary on issues relating to health care decisions by the patient, in addressing the patient's right to self-determination regarding health care.
United States · United States Congress · 20 November 1993
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 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 advance payments of such credit by employers. (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 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 employees of their right to claim an advance refundable tax credit for such premiums. (Sec. 122) Provides for the conversion and continuation 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 report to the Congress on the feasibility of allowing future Medicare beneficiaries to elect to receive certificates with which to purchase private health insurance coverage instead of receiving Medicare benefits. (Sec. 202) Eliminates disproportionate share hospital payments under Medicare. (Sec. 203) Provides for a reduction in the adjustment for indirect medical education costs under Medicare. (Sec. 204) Imposes copayments for laboratory services, certain home health visits, and skilled nursing facility services provided under Medicare. (Sec. 207) Moves payment updates to January for all payment rates under Medicare's hospital insurance program. (Sec. 208) Accelerates the transition to prospective rates for facility costs in hospital outpatient departments. Subtitle B: Medicaid - Places a cap on Federal payments for acute medical services furnished under a State's Medicaid program. (Sec. 212) Provides for waivers from Medicaid requirements in order to establish acute medical services programs. (Sec. 213) Terminates disproportionate share hospital payments under Medicaid. (Sec. 214) Directs the Secretary to provide grants to States for programs to provide health insurance coverage, acute medical services, preventive care, and disease prevention services to low-income individuals. Title III: Health Care Liability Reform - Health Care Liability Reform Act of 1994 - Limits payments, damages, and attorney's fees in health care malpractice actions and claims. (Sec. 304) Declares that a manufacturer or seller of a health care product shall not be strictly liable for injury from: (1) a defect in the design of the product; or (2) a failure to warn or instruct regarding a risk posed by the product that was not known or reasonably knowable. (Sec. 305) Limits the amount of noneconomic damages that may be awarded in a health care malpractice claim or a health care product liability claim. Allows several liability for noneconomic loss and for punitive damages. (Sec. 306) Allows punitive damages to be awarded only if the claimant establishes that the harm suffered was the result of conduct manifesting conscious, flagrant indifference to the health of those harmed by the product. Disallows punitive damages against a product approved by the Food and Drug Administration. Title IV: Administrative Cost Savings - Subtitle A: Standardization of Claims Processing - Directs the Secretary to adopt standards relating to: (1) data elements for use in paper and electronic claims processing under health benefit plans and in utilization review and management of care; (2) uniform claims forms; and (3) uniform electronic transmission of the data elements. (Sec. 402) Authorizes the Secretary, two years after standards are adopted for classes of services upon determining that a significant number of claims for benefits for such services under health benefit plans are not being submitted in accordance with such standards, to require that all providers of such services submit claims to health benefit plans in accordance with such standards. (Sec. 403) Directs the Secretary to: (1) provide for the ongoing receipt and review of comments and suggestions for changes in the standards adopted and promulgated; (2) establish a schedule for the periodic review of such standards; and (3) revise such standards. Subtitle B: Electronic Medical Data Standards - Directs the Secretary to promulgate standards for hospitals concerning electronic medical data, including standards for transmission of such data and confidentiality of patient-specific information. Authorizes the Secretary to periodically revise such standards. (Sec. 412) Sets forth requirements with respect to: (1) the sharing of hospital information under Medicare; (2) waiver of such requirements; and (3) application of such requirements to hospitals of the Department of Veterans Affairs. (Sec. 413) Authorizes the head of a Federal agency to require a provider to present and transmit a required data element electronically in accordance with applicable presentation or transmission standards. (Sec. 414) Sets forth limitations on data requirements where standards with respect to data elements are in effect. (Sec. 415) Directs the Secretary to establish an advisory commission on the standards established under this part and operational concerns about the implementation of such standards. Authorizes appropriations. Subtitle C: Development and Distribution of Comparative Value Information - Directs the Secretary to determine whether each State is developing and implementing a health care value information program that meets specified criteria and a specified schedule. Authorizes the Secretary to: (1) make grants to enable each State to plan development and initiate implementation of its health care value information program; and (2) recover the amount of such a grant by offset against any other amount payable to the State under the Social Security Act under specified circumstances. Authorizes appropriations. (Sec. 422) Directs the Secretary to take actions necessary to implement a comparable program in a State that fails to develop or implement a health care value information program in accordance with such criteria and schedule. Authorizes the Secretary to charge fees for the information materials provided pursuant to such a program. (Sec. 423) Directs the head of each Federal agency with responsibility for the provision of health insurance or health care services to individuals to develop health care value information relating to each program that such head administers and covering the same types of data that a State program meeting such criteria would provide. Subtitle D: Preemption of State Quill Pen Laws - Specifies that, effective January 1, 1996, no effect shall be given to any provision of 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 representatives involving Medicare or State health care programs, for illegal remuneration, and for false statements or representatives 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's 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 and has been permanently confined to ill and qualified facility.
United States · United States Congress · 19 November 1993
TABLE OF CONTENTS: Title I: Eligible Shareholders of S Corporation Subtitle A: Number of Shareholders Subtitle B: Persons Allowed as Shareholders Subtitle C: Other Provisions Title II: Qualification and Eligibility Requirements for S Corporations Subtitle A: One Class of Stock Subtitle B: Elections and Terminations Subtitle C: Other Provisions Title III: Taxation of S Corporation Shareholders Title IV: Effective Date S Corporation Reform Act of 1993 - Title I: Eligible Shareholders of S Corporation - Subtitle A: Number of Shareholders - Amends the Internal Revenue Code to increase from 35 to 50 the maximum number of shareholders of an S corporation (small business corporation). Allows members of a family to be treated as one shareholder. Subtitle B: Persons Allowed as Shareholders - Allows the following entities to be shareholders of S corporations: (1) certain tax-exempt organizations; (2) financial institutions that do not use the reserve method of accounting for bad debts; (3) nonresident aliens; and (4) certain small business trusts. Subtitle C: Other Provisions - Extends the post-death qualification for certain trusts to be permitted as shareholders from 60 days to two years. Title II: Qualification and Eligibility Requirements for S Corporation - Subtitle A: Once Class of Stock - Allows an S corporation to issue qualified preferred stock. Permits financial institutions to hold safe harbor debt. Subtitle B: Elections and Terminations - Revises the rules on inadvertent terminations by certain trusts of the election to be an S corporation. Authorizes the Secretary of the Treasury to treat certain late elections as timely and to provide an automatic waiver procedure for certain inadvertent terminations. Expands the post-termination transition period until 120 days after a determination is made that the election had terminated in a prior year. Repeals excessive passive investment income as a termination event. Increases the tax imposed on such excessive income. Subtitle C: Other Provisions - Permits an S corporation to own more than 80 percent of another corporation's stock. Repeals the requirement that partnership rules apply for fringe benefit purposes (making C corporation rules applicable). Provides for the treatment of distributions during loss years. Provides a consent dividend for S corporation elections to by-pass amounts in the accumulated adjustments account when making distributions. Eliminates the need to keep records of certain generally small amounts of earnings arising before 1983. Allows S corporations to make charitable contributions of inventory and scientific property. Title III: Taxation of S Corporation Shareholders - Treats losses on liquidations of S corporations as ordinary to the extent the loss created by ordinary income pass-through triggered the liquidation. Title IV: Effective Date - Makes this Act effective after December 31, 1993.
United States · United States Congress · 19 November 1993
Amends the Federal Deposit Insurance Act to provide that any agreement which tends to diminish or defeat the interest of the Federal Deposit Insurance Corporation (FDIC) in any asset acquired in its capacity as conservator or receiver, and which does not meet certain statutory requirements, shall not form the basis of, or substantially comprise, a claim against the FDIC. (This narrows the applicability of the D'oench Duhane Doctrine only to agreements involving an asset.)
United States · United States Congress · 19 November 1993
Amends title XI of the Social Security Act to delay the penalty for failure of employers to file certain reports with respect to the Medicare and Medicaid Coverage Data Bank.
United States · United States Congress · 19 November 1993
Equitable Escheatment Act of 1993 - Amends specified Federal law to prescribe guidelines under which unclaimed distributions of security interests shall be subject to the custodial taking (escheatment) by the State which contains the principal executive offices of either the issuer or the holder of those securities.
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