United States · United States Congress · 3 May 1994
National Counterintelligence Reform Act - Amends the National Security Act of 1947 to establish the National Counterintelligence Center comprised of staff from the Central Intelligence Agency, the Federal Bureau of Investigation, and the Department of Defense. Requires the Center to: (1) administer a national program to analyze and counteract foreign intelligence efforts against the United States; (2) develop a Government-wide foreign counterintelligence policy; (3) prepare and maintain a listing of counterintelligence threats directed against the United States; and (4) provide staff and support services to the National Counterintelligence Review Board established to approve U.S. counterintelligence policies and programs.
United States · United States Congress · 26 April 1994
Amends the Internal Revenue Code to require the transfer of specified amounts equivalent to the motorboat fuel taxes received during a year by the Highway Trust Fund to the land and water conservation fund. Extends the authority to make amounts in the Boat Safety Account available for State recreational boating safety programs. Amends the Dingell-Johnson Sport Fish Restoration Act to require for FY 1995 through 1998 the transfer of specified amounts from the Sport Fish Restoration Account to the Boat Safety Account of the Aquatic Resources Trust Fund for recreational boating safety programs. Earmarks specified amounts for qualified projects under the Clean Vessel Act of 1992. Transfers unobligated amounts for recreational boating safety programs. Amends Federal shipping law to make a specified amount of funds from the Boat Safety Account available for expenditures out of the operating expenses account of the Coast Guard for services provided by it for recreational boating safety, including services provided by the Coast Guard Auxiliary. Authorizes expenditure of the balance of amounts transferred each year to the Boat Safety Account for State recreational boating safety programs.
United States · United States Congress · 21 April 1994
Prohibits the President or any other member of the executive branch from interfering with the transfer of arms to the Government of Bosnia and Herzegovina. Requires the President to terminate the U.S. arms embargo of such government upon receipt from such government of a request for assistance in exercising its right of self-defense under the United Nations Charter.
United States · United States Congress · 25 March 1994
Private Property Rights Act of 1994 - States that the Congress declares that it is the policy of the Federal Government to use all practicable means and measures to minimize Federal takings of private property. Directs Federal agencies to certify to the Attorney General that a private property taking impact analysis has been completed before initiating any action which could result in a taking or diminution of use or value of private property. Requires that the policies, regulations, and public laws of the United States be interpreted and administered in accordance with the policies under this Act. Specifies the content of such an analysis and requires a copy to be transmitted to the owner of the affected property, as well as made available to the public. Creates a rebuttable presumption that unmodified analyses five years or older are outdated for purposes of any agency action or administrative or judicial proceeding. Sets the statute of limitations for court actions for enforcing this Act.
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 · 17 March 1994
Counterintelligence and Security Enhancements Act of 1994 - Amends the National Security Act of 1947 to prohibit a person from becoming an employee of an agency within the U.S. intelligence community unless the person: (1) authorizes the disclosure of tax returns; (2) agrees to allow an investigative agency to inspect financial accounts valued at over $10,000; and (3) agrees to the inspection of such person's foreign travel records. Sets forth additional requirements for critical intelligence positions, including requirements for information with respect to the nature, location, and material changes to accounts valued at over $10,000 and information with respect to foreign travel unrelated to official duties. Requires authorized investigative agencies to periodically review all information so obtained and notify the Federal Bureau of Investigation (FBI) upon an indication of the loss or compromise of critical intelligence information. Provides for: (1) requests by authorized investigative agencies for appropriate information from governmental entities; (2) protection of the confidentiality of such information; and (3) investigative agency liability for unlawful disclosure of such information. Empowers the FBI Director with overall responsibility for conducting counterintelligence and law enforcement investigations involving persons in critical intelligence positions. Requires the Director of Central Intelligence to report to the congressional intelligence committees on the effectiveness of such investigative activities. Requires implementation of such provisions with respect to current employees in the intelligence community as well as congressional staff having access to critical intelligence information. Amends the Fair Credit Reporting Act to provide for the disclosure to the FBI of consumer credit reports (CRs) for counterintelligence purposes if the FBI Director certifies that such records are necessary for an investigation and there is reason to believe that the person for whom the CR is sought is a foreign power or agent. Sets forth provisions governing, with respect to such disclosures by a credit reporting agency: (1) the disclosure of identifying information to the FBI; (2) confidentiality requirements concerning such disclosure; (3) the payment of fees by the FBI for such disclosures; (4) limits on the dissemination of information contained in the CRs; (5) disciplinary actions for disclosure violations (with an exception for a good faith disclosure); and (6) remedies (including injunctive relief). Amends the Internal Revenue Code to provide FBI access to tax returns for counterintelligence purposes. Amends the Federal criminal code to authorize the Attorney General to award individuals who provide information which leads to an arrest or conviction with respect to an act of espionage. Provides U.S. court jurisdiction to try cases involving acts of espionage by a U.S. citizen outside the United States. Makes the unauthorized removal and retention of classified documents or material a misdemeanor criminal offense. Allows for the forfeiture of property for violation of certain espionage laws.
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 · 10 March 1994
Home Office Deduction Act of 1994 - Amends the Internal Revenue Code to provide qualifications for a home office as a principal place of business for purposes of the deductibility of expenses.
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 · 7 March 1994
Amends title XIX (Medicaid) of the Social Security Act to make technical corrections to provisions added by the Omnibus Budget Reconciliation Act of 1990 in order to allow children and pregnant women to receive Medicaid services from osteopathic physicians and in emergency departments of hospitals.
United States · United States Congress · 1 March 1994
TABLE OF CONTENTS: Title I: Role of National Aeronautics and Space Administration in Technology Investment Title II: National Aeronautics Facilities National Aeronautics and Space Administration Technology Investment Act of 1994 - Title I: Role of National Aeronautics and Space Administration in Technology Development - Directs the Administrator of the National Aeronautics and Space Administration (NASA) to establish a technology investment program with industry that will advance both U.S. industrial competitiveness and aeronautical and space technologies. Authorizes appropriations. Title II: National Aeronautics Facilities - States that it is U.S. policy that: (1) Federal investment in domestic aerospace technologies shall be a priority, including the maintenance of superior aeronautics facilities; and (2) NASA shall work with industry to identify and address aeronautics technology and facility issues. Directs the President to: (1) conduct a worldwide facilities assessment; and (2) develop and implement with domestic industries an aeronautics facilities strategy.
United States · United States Congress · 25 February 1994
National Security Budgeting and Deficit Control Act of 1994 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to extend the caps on defense and nondefense discretionary spending through FY 1998.
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
Automobile and Minivan Bumper Improvement Act of 1994 - Amends the Motor Vehicle Information and Cost Savings Act to direct the Secretary of Transportation to promulgate a regulation establishing bumper system labeling requirements for passenger motor vehicles constructed without special features for occasional off-road operation. Requires such labeling to disclose the impact speed at which the manufacturer represents that the vehicle meets the applicable damage criteria under the bumper standard specified in the Code of Federal Regulations. Directs the Secretary to amend such bumper standard to make it identical with the standard in effect on January 1, 1982. Permits the Secretary to require a standard more stringent than the one in effect on January 1, 1982.
United States · United States Congress · 3 February 1994
TABLE OF CONTENTS: Title I: Protection and Advancement of Universal Service Title II: Telecommunications Investment Title III: Regulatory Reform Title IV: Authorized Activities of Bell Operating Companies Title V: Regulatory Parity Between Telephone and Cable Companies Title VI: Customer Control Over Information Title VII: Media Diversity Communications Act of 1994 - Title I: Protection and Advancement of Universal Service - Amends the Communications Act of 1934 (the Act) to provide as U.S. national and international communications policy goals: (1) equal access to basic telecommunications services at reasonable rates; (2) the development and availability of new technologies; (3) equal access to diverse sources of information; and (4) the use of telecommunications services and technology to promote the exchange of ideas, economic welfare and quality of life, and the protection of control over an individual's use of such services. (Sec. 102) Requires every common carrier engaged in interstate, intrastate, or foreign communication by wire or radio to preserve and advance universal telecommunications service. Directs the Federal Communications Commission (FCC) to set forth (and periodically revise) guidelines for the definition of universal service, delegating to each State the primary responsibilities of defining such term and ensuring that universal service goals are met. Allows direct assistance to telecommunications carriers to be considered by the States as a means of providing universal service. Requires each State to act within two years or the FCC would assume such responsibility. (Sec. 103) Requires all telecommunications carriers that use public rights of way to permit the following entities to obtain access to intrastate and interstate services provided by such carriers at preferential rates: educational and health care institutions, State and local governments, public broadcast stations, libraries and other public entities, community newspapers, and broadcasters in the smallest markets. Provides related FCC rulemaking responsibilities. Title II: Telecommunications Investment - Amends the Act to require the FCC to take appropriate action to ensure that State regulatory authorities achieve the goal of ensuring that telecommunications carriers provide consumers in rural and noncompetitive markets with access to high quality, interoperable telecommunications network facilities and capabilities at reasonable, nondiscriminatory rates. Provides FCC preemptive authority over conflicting State or local statutes or regulations in such regard. Encourages States to implement regulatory incentives for the development of high quality telecommunications network facilities and capabilities. Encourages telecommunications carriers and equipment manufacturers to develop standards which ensure the interconnection and interoperability of such networks. Allows the FCC to develop such standards when industry participants fail to do so. Directs the FCC to prescribe regulations: (1) that permit joint coordinated network planning, design, and cooperative implementation among all telecommunications carriers in the provision of public switched network infrastructure and services; and (2) that require a local exchange carrier to share public switched network infrastructure and functions with requesting carriers which lack the economies of scale or scope for the required function. Requires the FCC and the States to ensure that advances in network capabilities and telecommunications services deployed by carriers are designed to be accessible to individuals with disabilities. Requires the FCC to: (1) publish annually a survey of the deployment of technologies on a State-by-State basis; and (2) develop regulations to allocate a local exchange carrier's costs of deploying broadband telecommunications facilities between local exchange service and competitive services. Title III: Regulatory Reform - Prohibits, after a specified conditional date, a State or local statute, regulation, or requirement from having the effect of prohibiting the ability of an entity to provide interstate or intrastate telecommunications services, or discriminating among telecommunications carriers. Allows an electric, gas, water, or steam utility to provide telecommunications services. Directs the FCC to prescribe regulations that require each telecommunications carrier to provide upon request to any telecommunications equipment manufacturer or entity certain interconnection services and nondiscriminatory access to facilities, as well as information necessary for interoperability. Requires consumers to be informed of telecommunications alternatives among competing service providers. Directs the FCC to prescribe regulations ensuring telecommunications number portability (the ability of telecommunications service users to retain existing numbers without adverse effects when switching from one telecommunications carrier to another). Allows the FCC to provide regulatory flexibility to ensure that carriers with small market power can effectively compete for the provision of telecommunications services with larger entities. Directs the FCC, and encourages the States, to permit carriers pricing flexibility in competitive service or geographic markets. Requires FCC implementing regulations. Title IV: Authorizes Activities of Bell Operating Companies - Subtitle A: Telecommunications Equipment Research and Manufacturing Competition - Telecommunications Equipment Research and Manufacturing Competition Act of 1994 - Amends the Act to authorize a Bell operating company (BOC), through an affiliate, to manufacture and provide telecommunications equipment and to manufacture customer premises equipment, except that no BOC may engage in such manufacturing with an unaffiliated BOC or affiliates thereof. (Sec. 403) Allows such manufacturing or provision to be conducted only through an affiliate that is separate from any BOC. Requires the FCC to prescribe regulations ensuring the separability of such an affiliate. Requires the affiliate to conduct all of its manufacturing, and have all of its customer premises equipment manufactured, within the United States, with an exception after a good faith effort to do so. Requires each such affiliate to make available to all regulated local telephone exchange carriers, without discrimination or preference, any telecommunications equipment (including upgrades) manufactured by such affiliate for use with the public telecommunications network, so long as each purchaser does not manufacture such equipment or agrees to make available to the BOC or any of its affiliates any telecommunications equipment manufactured by such purchaser or any of its affiliates. Directs the FCC to require that each BOC maintain and file with the FCC complete information with respect to the protocols and technical requirements for connection with and use of its telephone exchange service facilities. Prohibits a BOC from disclosing any such information to its affiliates unless such information is immediately so filed. Directs the FCC to prescribe appropriate regulations ensuring open and equal competition between a BOC that has a manufacturing affiliate and other manufacturers of telecommunications and customer premises equipment. Allows a BOC and its affiliate to engage in close collaboration with any such manufacturer during the design and development of hardware and software relating to such equipment. Provides FCC administration and enforcement authority with respect to this subtitle. Requires annual audits of BOCs with manufacturing affiliates, with audit review by the FCC. (Sec. 404) Amends the Act to increase from $6,000 to $10,000 the daily fine for failure to keep or submit any required telecommunications carrier records. Subtitle B: Regulation of Alarm Services and Electronic Publishing by Bell Operating Companies - Amends the Act to prohibit a BOC or its affiliates from providing alarm monitoring services for the protection of life, safety, or property. Allows a BOC to transport alarm monitoring service signals, but on a common carrier basis only. Allows a BOC or its affiliate, after five and one half years after the enactment of this Act, to petition the FCC for permission to provide alarm monitoring services. Authorizes the FCC to grant such permission beginning six years from the enactment of this Act, after certain findings by the FCC and the Department of Justice. Requires FCC regulation of such services. Provides expedited consideration of complaints arising from a BOC's provision of such services, and remedies. (Sec. 452) Prohibits a BOC or its affiliate from providing electronic publishing that is disseminated by means of the basic telephone service of the BOC or affiliate. Allows a separated affiliate or joint venture to engage in electronic publishing if certain requirements are met concerning the separate business aspect of the separated affiliate or joint venture. Outlines specified requirements of a BOC under common ownership or control with a separated affiliate or joint venture which ensure that any transactions between the BOC and the separated affiliate or joint venture involving the provision of personnel, facilities, or services to aid in electronic publishing are offered on an equal basis to all unaffiliated entities. Requires annual compliance reviews. Prohibits a BOC or its affiliate from providing to any electronic publisher, including separated affiliates or joint ventures, customer proprietary network information for electronic publishing use that is disseminated by the basic telephone service of the BOC or its affiliate unless such information is made equally available to all electronic publishers. Outlines permissible joint activities between a BOC and its separated affiliate, joint venture, or affiliate, including joint telemarketing, nondiscriminatory teaming or business arrangements, and electronic publishing joint ventures. (Sec. 453) Requires a written contract, recorded in the books and auditable, for transactions related to the provision of electronic publishing between: (1) a BOC and any affiliate; and (2) a BOC affiliate and a separated affiliate. Prohibits a BOC from having officers, employees, property, or facilities in common with any entity whose principal business is electronic publishing. Requires a BOC to provide equally to all entities any facilities, services, or telephone information disseminated through the BOC's basic telephone service which is provided to an entity that engages in electronic publishing. Provides a private right of action for violations of such electronic publishing requirements. Subtitle C: Information Services - Requires BOCs or affiliates to make any gateway service available to all subscribers under nondiscriminatory rates and terms and to offer such services to all information services on a nondiscriminatory basis as well. Defines a "gateway service" as an information service that, at the request of the provider of an electronic publishing or other information service, provides a subscriber with access to such service, utilizing the following functions: data transmission, address translation, billing information, protocol conversion, and introductory information content. Directs the FCC to prescribe cost allocation regulations to prevent any BOC or affiliate that offers services that have market power from using revenues from such services to subsidize competitive information services. Restricts State regulation of information services, except as provided in title VI. Subtitle D: InterLATA Telecommunications Services - Authorizes a BOC to engage in the provision of inter local access and transport area (LATA) (as defined in United States v. Western Electric Company ) telecommunications services subject to specified requirements. Requires the company, as part of such requirements, to demonstrate that there is no possibility of using market power in a telephone exchange and exchange access service market to impede competition. Authorizes Bell companies or affiliates to: (1) own and operate receive-only antennas, satellite master antenna television facilities, satellite earth stations, and interLATA distribution facilities solely for purposes of providing cable service; and (2) engage in interLATA telecommunications service for purposes of one-way transmission of video and audio programming solely for cable service. Permits such companies or their cellular affiliates to provide: (1) authorized interLATA service for cellular mobile radio services; (2) intersystem handoff across LATA boundaries of cellular mobile radio transmissions between adjacent cellular systems; and (3) the routing of cellular transmissions between their cellular systems and a cellular system located in another LATA for purposes of completing a call to one of its out-of-region cellular customers. Requires the FCC to prescribe uniform equal access and long distance presubscription requirements for providers of all cellular and two-way wireless services. Title V: Regulatory Parity Between Telephone and Cable Companies - Revises provisions concerning ownership restrictions to prohibit local exchange carriers subject to title II of the Act from: (1) acquiring more than a five percent interest in any cable system that is providing service within the carrier's telephone exchange service area and is owned by an unaffiliated person; or (2) entering into a joint venture or partnership with a cable operator to provide video programming to subscribers within the telephone exchange service area. Prohibits such carriers from providing video programming (cable) directly to subscribers in its telephone exchange service area unless: (1) such programming is provided through a separate subsidiary; and (2) the FCC finds that the carrier's service is in compliance with specified regulations governing telecommunications competition under this Act. Bars such carriers from engaging in activities that subsidize its video programming operations. Exempts a carrier from such prohibitions if the carrier has no market power in its telephone service area. Establishes similar conditions for cable operators with respect to the provision of telecommunications services. (Sec. 503) Requires subsidiaries to maintain separation from local exchange carriers in terms of operation, commercial activities, and recordkeeping. Requires carriers to establish cost allocation systems that prohibit the costs of providing competitive services from being subsidized by revenue from telephone exchange services. Directs the FCC to ensure that the economic risks associated with the provision of competitive services by a carrier are not borne by the customers of telephone exchange services in the event of a business loss or failure. Title VI: Customer Control Over Information - Prohibits a local exchange carrier, except upon the customer's request, from: (1) using customer proprietary network information in the provision of any service other than telephone exchange or toll service, in the identification or solicitation of potential customers for any service other than the service from which such information is derived, or in the provision of customer premises equipment; or (2) disclosing such information to any affiliate of, or any other person that is not an employee of, such common carrier. Requires the common carrier to: (1) disclose such information to any customer designee at the customer's request; (2) notify the FCC of the availability of aggregate customer proprietary information it provides to an affiliate or to its personnel that are engaged in providing any service that is not necessary to the provision of telephone exchange service or customer premises equipment or to any other person who is not an employee or affiliate; and (3) provide such aggregate information on reasonable terms and conditions to any other service or equipment provider, upon reasonable request. Prohibits the common carrier from discriminating between affiliated and unaffiliated service or equipment providers in providing individual and aggregate or compiled information. States that this Act shall not be construed to prohibit the disclosure of proprietary information as necessary to render, bill, and collect for telephone exchange or toll service or for any other telecommunications service that the customer has requested. Requires a carrier that provides subscriber list information to any affiliated or unaffiliated service provider or person to provide such list on a timely and unbundled basis, under nondiscriminatory and reasonable rates, terms, and conditions, upon reasonable request. Requires any common carrier or affiliate providing automatic number identification (ANI) services to any person to provide such services under a contract or tariff containing telephone subscriber information requirements that: (1) permit such person to use the information provided for billing and collection, completion of the customer's call or transaction, or for services directly related to the customer's call or transaction; (2) prohibit such person from reusing or selling the information provided without the customer's consent; and (3) prohibit such person from disclosing, without the customer's consent, any information derived from such service for any purpose other than performing the services or transactions that are the subject of the customer's call ensuring network performance, security, and the effectiveness of call delivery, compiling, using, and disclosing aggregate information, and complying with applicable law or legal process. Directs the FCC to commence a proceeding to: (1) examine the impact on the privacy rights and remedies of consumers of the integration into interconnected communications networks of wireless telephone, cable, satellite, and other technologies; (2) examine the impact that the globalization of integrated communications networks has on the international dissemination of consumer information and the privacy rights and remedies to protect consumers; (3) propose changes in the FCC's regulations to ensure that consumer privacy rights are protected in new telecommunications services; and (4) prepare recommendations to the Congress for any legislative changes required to correct defects in privacy rights and remedies. Title VII: Media Diversity - Requires the FCC to modify or remove national and local ownership rules on radio and television broadcast stations as necessary to ensure that broadcasters are able to compete fairly with other media providers and that the public receives information from a diversity of media sources. (Sec. 702) Directs the FCC to review a certain ownership restriction with respect to cable operators and report to the Congress on whether such restriction serves the public interest. (Sec. 703) Requires the FCC to complete a notice and comment proceeding to consider the applicability of the FCC's rules regarding network non-duplication protection and syndicated exclusivity protection to other multichannel video programming providers. (Sec. 704) Directs the FCC to prescribe regulations to permit broadcasters to make use of the broadcast spectrum that they are licensed to use for services related to the programming services which they are authorized to provide. Authorizes the FCC, to the extent that the broadcast licensee provides commercial services using broadcast spectrum, to collect a fee from the licensee.
United States · United States Congress · 1 February 1994
Federal Firearm Buy-Back Initiative Act - Directs the Attorney General to establish a program under which the Attorney General will contribute up to 50 percent of the funds needed to provide merchandise, certificates for merchandise or services, or other non-cash incentives to individuals who turn in firearms under State, local, or private firearm buy-back programs. Authorizes the Attorney General to: (1) agree to contribute an amount that is no greater than the State, local, and private funds committed to the particular program; and (2) set such other terms to ensure that each program is operated in an efficient and bona fide manner consistent with the interests of law enforcement. Prohibits the Attorney General from prescribing the terms under which such programs will accept firearms in exchange for any offered incentive. Directs the Attorney General to require that: (1) all firearms that are turned in be destroyed; and (2) a program agree to provide only non-cash incentives. Terminates the Attorney General's program on September 30, 1995. Authorizes appropriations. Requires the Attorney General to report on the effect of the firearm buy-back programs in reducing the incidence of crime.
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 · 26 January 1994
Peace Powers Act of 1994 - Amends the United Nations Participation Act to prohibit the President from subordinating any element of the armed forces participating in a United Nations peacekeeping activity to the command or operational control of any foreign nationals unless he submits specified documents to the appropriate congressional committees or the Congress enacts an Act or joint resolution authorizing such subordination. Lists as the specified documents determinations by the President that: (1) the proposed subordination is in the national security interest (along with a justification for such determination); (2) the unit commanders of the armed forces proposed for subordination will retain the ability to report independently to higher U.S. military authorities; (3) the United States will retain authority to withdraw the armed forces from the operation at any time and to take any action to protect such forces if endangered; (4) the armed forces will remain under U.S. administrative command for purposes of discipline and evaluation; and (5) the proposed foreign command arrangement does not violate the Constitution. (Sec. 5) Provides for notification to the Congress of proposed participation in, or expenditure of funds for, United Nations peacekeeping activities and other related matters. (Sec. 9) Requires the President to report annually to the Congress on the anticipated budget for, and U.S. contributions to, United Nations peacekeeping activities. (Sec. 11) Revises provisions that authorize the President to waive reimbursement from the United Nations for U.S. participation in peacekeeping activities. Permits the Secretary of Defense to authorize such a waiver if an emergency exists, subject to congressional notification requirements. Bars U.S. contributions to United Nations peacekeeping activities, beginning in FY 1995, until the Secretary certifies to the Congress that the United Nations has reimbursed the Department of Defense (DOD) directly for all goods and services provided on a reimbursable basis for such activities. (Sec. 12) Limits the availability of funds made available to DOD for United Nations peacekeeping activities, beginning in FY 1996, unless the Congress has by law specifically made funds available for such purposes. (Sec. 13) Declares that, effective FY 1996, the Congress does not intend to make funds available for payment of U.S. contributions to such activities that exceed 25 percent of the total of such contributions of all countries unless the Congress enacts a statute specifically authorizing a greater percentage contribution. (Sec. 14) Prohibits the obligation or expenditure of funds to pay U.S. contributions for such activities unless the Secretary of State certifies to the appropriate congressional committees that U.S. manufacturers and suppliers are being given equal opportunities to provide equipment, services, and material for such activities. (Sec. 16) Permits intelligence to be provided to the United Nations only pursuant to specified agreements and advance notification to the Congress. (Sec. 17) Withholds, beginning in FY 1995, 50 percent of the funds for U.S. contributions for United Nations peacekeeping activities unless the President makes a specified certification regarding the establishment of an Office of Inspector General within the United Nations.
United States · United States Congress · 25 January 1994
TABLE OF CONTENTS: Title I: Applicant Job Search, Voucher Program, Transition and Work Program, Etc. Title II: Provisions Relating to Paternity Establishment Title III: Child Support Enforcement Title IV: Expansion of Statutory Flexibility of States Title V: Expedited State Waiver Authority Title VI: Welfare Restrictions for Aliens Title VII: Miscellaneous Welfare Reform Act of 1994 - Title I: Applicant Job Search, Voucher Program, Transition and Work Program, Etc. - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act (SSA) to: (1) require State AFDC plans to require AFDC applicants to search for a job while their application for AFDC is being processed; (2) make reimbursable job search expenses for transportation and child care; and (3) require the State to have in effect an employment voucher program under which eligible individuals receiving AFDC or food stamps shall receive vouchers in lieu of such benefits after they have obtained employment with a qualified employer. (Sec. 103) Amends SSA title IV part F (Job Opportunities and Basic Skills Training Program) (JOBS) to require State JOBS programs to include specified transition and work supplementation components. Amends the community work experience and work supplementation programs. (Sec. 104) Revises State AFDC plan requirements for: (1) sanctions for an individual's failure to participate in the JOBS program; and (2) exemptions from JOBS program participation requirements. (Sec. 106) Increases State JOBS program and work program participation rates with regard to AFDC-eligible individuals and unemployed parents, respectively. Extends to all States the option to limit AFDC-UP (AFDC for Unemployed Parents). (Sec. 107) Provides for additional payments to States for JOBS programs. Title II: Provisions Relating to Paternity Establishment - Amends SSA title IV part A to provide for reduction of AFDC for the parents or guardians of children whose paternity is not established. (Sec. 202) Amends SSA title IV part D (Child Support and Establishment of Paternity) to require each State to have in effect laws requiring outreach to pregnant, unmarried women regarding paternity establishment and eligibility for benefits under Federal and State programs, including assistance under AFDC. (Sec. 203) Increases the paternity establishment percentage. Title III: Child Support Enforcement - Makes various specified changes with regard to State child support order registries, the Parent Locator Service, regulations for sharing child support information, income withholding orders, and noncustodial parents with child support arrearages who are applying for, or are already on, AFDC. Title IV: Expansion of Statutory Flexibility of States - Amends SSA title IV part A to give States the option to: (1) disallow the increases or decreases in AFDC payments that are mandated by this Act on the basis of childhood preventive health care examinations and immunizations; (2) increase or decrease AFDC payments on the basis of attendance at educational or vocational training institutions; (3) deny AFDC for additional children; (4) provide for a married couple transitional benefit in cases where an AFDC recipient marries an individual who is not a parent of the recipient's child and the resulting family would become ineligible for AFDC by reason of the marriage; (5) treat families moving interstate who apply for AFDC in their new State of residence, where they have resided for less than one year, under the AFDC rules of their former State of residence; (6) condition the receipt of AFDC on the recipient's attendance at appropriate parenting and money management classes; (7) deny AFDC to unmarried individuals under 18 who are pregnant or have a dependent child (if the State does not opt to deny AFDC eligibility in such case, then it must require that the individuals live at home to be AFDC-eligible); and (8) disregard certain savings of a family on AFDC designated for education in determining eligibility for AFDC. (Sec. 401) Requires States to conduct appropriate education and outreach activities designed to increase public awareness of the importance of preventive health care and immunizations for pre-school children. Requires the Surgeon General to issue, and periodically revise, recommendations for the immunization of children under six. Title V: Expedited State Waiver Authority - Establishes an Interagency Waiver Request Board to provide a focal point within the Federal Government for the development and coordination of waiver requests designed to improve opportunities for low-income individuals and families. (Sec. 502) Prescribes contents of applications to implement Federal assistance plans, as well as the review, approval, implementation, and evaluation processes. (Sec. 505) Requires any entity applying for plan approval to establish a Public-Private Partnership Committee to advise it on plan development and implementation. Title VI: Welfare Restrictions for Aliens - Prohibits, generally, the payment of direct Federal financial benefits, food stamps, and unemployment benefits to individuals who are not U.S. citizens, permanent residents, or refugees. (Sec. 601) Requires any lawful alien receiving any such benefits for over one year to be reported to the Immigration and Naturalization Service (INS) and be treated as a public charge for purposes of the Immigration and Nationality Act with regard to deportation for failing to notify the Attorney General of a current address. Deems the income and resources of any person who agrees to sponsor and provide support to a lawful alien as unearned income and resources of such alien until the alien is naturalized as an U.S. citizen. (Sec. 602) Amends SSA title IV part A to require State AFDC agencies to provide INS with information on illegal aliens. Title VII: Miscellaneous - Amends SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) to prohibit the payment of OASDI benefits to individuals confined by court order to public institutions pursuant to verdicts of not guilty by reason of insanity (or other similar finding) or guilty, but insane. (Sec. 702) Amends SSA title IV part A to require AFDC applicants and recipients to undergo any necessary substance abuse treatment and submit to unannounced drug tests afterwards as a condition of receiving AFDC. (Sec. 703) Directs the Secretary of Health and Human Services to: (1) conduct research projects to evaluate education and training programs with respect to participation in the AFDC program; (2) conduct demonstration projects and report to the Congress on whether providing benefits based on need through the use of electronic cards and automatic teller machines would reduce administrative costs and fraud; and (3) establish a commission to determine the cost and feasibility of creating an interstate system to compare the social security numbers of all AFDC recipients in order to identify those recipients receiving AFDC from multiple States. (Sec. 705) Amends SSA title XVI (Supplemental Security Income) (SSI) to make: (1) ineligible for SSI benefits individuals receiving SSI on the basis of a disability caused by illegal drugs who are on illegal drugs or refuse to be tested for such; and (2) changes with regard to government agencies as paid representative payees (RPs) and RP fees. (Sec. 706) Amends SSA title IV part A to: (1) make State AFDC fraud control programs mandatory; and (2) permanently bar individuals found guilty of fraud in connection with the AFDC program from being considered in determining their families' eligibility for AFDC.
United States · United States Congress · 25 January 1994
Amends Federal highway law to authorize States to carry out projects for seismic retrofit of bridges without regard to whether such bridges are eligible for replacement or rehabilitation under the highway bridge replacement and rehabilitation program.
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
Domestic Chemical Diversion Control Act of 1993 - Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Comprehensive Act) to: (1) replace references to "listed precursor chemicals" with "list I chemicals" and "listed essential chemicals" with "list II chemicals"; and (2) revise the definitions of "regulated person" (to include individuals who act as brokers or traders for international transactions involving a listed chemical, tableting machine, or encapsulating machine) and "regulated transaction" (to include international transactions involving shipment of a threshold amount of a listed chemical and to exclude specified transactions). (Sec. 2) Removes the exemption for products in which ephedrine is the only active medicinal ingredient in therapeutic amounts. Permits the Attorney General to remove the exemption for other drugs containing listed chemicals if it is determined that they are being diverted for use in the illicit production of a controlled substance, with exceptions. (Sec. 3) Provides registration requirements for list I chemicals, including the authority to revoke or deny based on public interest grounds, immediate suspension in cases of imminent danger to the public health or safety, and criminal penalties for distribution, importation, or exportation without the required registration. (Sec. 4) Makes any person located in the United States who is a broker or trader for an international transaction in a listed chemical that is a regulated transaction solely because of that person's involvement as broker or trader with respect to such transaction subject to all of the notification, reporting, recordkeeping, and other requirements placed upon exporters of listed chemicals by the Comprehensive Act. Sets penalties for knowingly or intentionally importing or exporting a listed chemical in violation of the registration requirements. (Sec. 5) Authorizes the Attorney General to reduce controls on the importation of specified chemicals by modifying or eliminating the advance notice requirement. Adds specific criminal penalties for: (1) attempting to evade reporting requirements by falsely claiming that a shipment is destined for a country for which a waiver has been established; and (2) smuggling of listed chemicals. (Sec. 6) Makes provisions of the Comprehensive Act regarding administrative inspections, forfeiture, and threshold amounts of substances applicable to listed chemicals, as well as to controlled substances. (Sec. 8) Amends list I to add benzaldehyde and nitroethane, and delete D-lysergic acid, N-ethylephedrine, and N-ethylpseudoephedrine. (Sec. 9) Eliminates "regular supplier" status and creates "regular importer" status. (Sec. 10) Requires each regulated person that manufactures a listed chemical to report annually to the Attorney General information concerning listed chemicals manufactured by such regulated person.
United States · United States Congress · 19 November 1993
Rural Community Bank Paperwork Relief Act of 1993 - Amends the Community Reinvestment Act of 1977 to exempt certain small-sized rural financial institutions from its evaluation and examination requirements. Directs Federal financial supervisory agencies to give appropriate weight and consideration to certain small-sized institutions that have made investments and loans to projects providing benefits to distressed communities within relevant service areas.
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
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.
United States · United States Congress · 19 November 1993
Expresses the sense of the Senate that: (1) obstetrician-gynecologists should be included as primary care providers for women in Federal laws relating to the provision of health care; and (2) legislative proposals that define primary care should include primary care services performed by obstetrician-gynecologists in such definition.
United States · United States Congress · 10 November 1993
Health Care Antitrust Improvements Act of 1993 - Exempts from the antitrust laws specified "safe harbor" activities listed in, or designated by the Attorney General pursuant to, this Act. 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. 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. Directs the Attorney General to publish a notice in the Federal Register soliciting proposals for additional 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. 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 procedures regarding applications for, revocation of, and review of determinations regarding, such certificates. Limits the disclosure of information. Sets forth provisions regarding notifications providing for a reduction in certain penalties under the antitrust laws for health care cooperative ventures. Directs the Attorney General to periodically review the safe harbors and certificates of review. Establishes within the Department of Health and Human Services an Office of Health Care Competition Policy.
United States · United States Congress · 10 November 1993
Bill to enforce the fourteenth amendment and to reform habeas corpus - Amends the Federal judicial code to impose a 180-day limitations period for the filing of Federal habeas corpus petitions, applicable in both capital and non-capital cases in which the State has offered the petitioner counsel for State post-conviction review, which begins from the time the petitioner's conviction becomes final on State direct review. Tolls such period while the petitioner pursues State post-conviction remedies, unless the petitioner fails to initiate post-conviction review within specified time frames. Provides for a one-time 60-day extension of the period upon a showing of good cause. (Sec. 303) Provides an automatic stay of execution in capital cases through the consideration of the first Federal habeas corpus petition. Permits a stay of execution to be granted thereafter only if the petition on its face satisfies the requirements for successive petitions. (Sec. 304) Requires that in Federal habeas corpus proceedings: (1) all claims be governed by the law as it was when the petitioner's conviction became final; and (2) a court consider intervening decisions by the U.S. Supreme Court which establish fundamental constitutional rights. Codifies case law providing for an independent Federal habeas corpus review of claims under Federal law, except for fourth amendment exclusionary rule claims. Specifies that the State bears the burden of proving harmless error in Federal habeas corpus review of State criminal convictions. (Sec. 305) Sets forth provisions regarding: (1) limits on successive petitions (allows a prisoner to bring a second or subsequent petition only upon a showing of cause for not having brought the claim before and prejudice if the claim is not heard, subject to specified restrictions); and (2) new evidence (allows prisoners in capital cases to present claims of actual innocence based on newly discovered evidence that the petitioner did not previously know about). (Sec. 308) Sets forth: (1) time requirements for consideration by district courts, and by courts of appeals of district court determinations, of habeas corpus petitions in capital cases; (2) provisions regarding the exhaustion of collateral remedies requirement in capital cases; and (3) standards and procedures for the provision of counsel for indigent defendants at all stages of State capital litigation. Requires each State in which a sentence of death may be imposed to establish a State counsel certification authority, comprised of members of the State's criminal defense bar, to create a roster of qualified lawyers eligible for court appointment and monitor the performance of attorneys so certified. (Sec. 312) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Assistance to make grants to States to help fund the provision of defense counsel. Authorizes: (1) Federal grants of up to 75 percent of the additional costs imposed by the new counsel requirements during the first three years following enactment of this Act and 50 percent thereafter; and (2) grants for the prosecution of Federal habeas corpus cases in an amount equal to that allocated to capital resource centers. (Sec. 313) Abrogates State sovereign immunity from suit in Federal court for a violation of specified provisions regarding the establishment of a State certification authority and attorney compensation.
United States · United States Congress · 4 November 1993
Tribal Self-Governance Act of 1993 - Amends the Indian Self-Determination and Education Assistance Act to establish within the Department of the Interior a program of Tribal Self-Governance. Authorizes up to 20 additional tribal participants each year. Directs the Secretary of the Interior to enter into annual funding agreements with the governing body of each participating tribe. Authorizes appropriations.
United States · United States Congress · 6 October 1993
TABLE OF CONTENTS: Title I: Ensuring the Integrity of the Listing, Critical Habitat Designation, and Consultation Processes Title II: Providing Significance to the Recovery Planning Process Title III: Ensuring that the Compliance Procedures and Standards for Non-Federal Persons Are Not More Burdensome than the Procedures and Standards Applicable to Federal Agencies Title IV: Providing for Habitat Conservation Incentive Programs Title V: Reauthorization and Other Amendments Endangered Species Act Procedural Reform Amendments of 1993 - Title I: Ensuring the Integrity of the Listing, Critical Habitat Designation, and Consultation Processes - Amends the Endangered Species Act of 1973 to establish a peer review (upon request) requirement with respect to a determination of endangered or threatened species status. (Sec. 103) Establishes discretionary priorities for determining and conserving endangered or threatened species. (Sec. 105) Requires that the economic impact be considered in making a critical habitat determination. (Sec. 107) Revises consultation and related provisions, including establishing procedures with respect to private actions. Title II: Providing Significance to the Recovery Planning Process - Requires the Secretary of the Interior to develop and implement a recovery plan for each endangered or threatened species, unless the Secretary determines such plan to be unnecessary. Gives priority to multispecies plans. Title III: Ensuring that the Compliance Procedures and Standards for Non-Federal Persons Are Not More Burdensome than the Procedures and and Standards Applicable to Federal Agencies - Establishes consultation and permit conditions for non-Federal activities concerning endangered or threatened species. (Sec. 306) Exempts non-Federal persons under specified circumstances from prohibitions against the taking of an endangered species. (Sec. 307) Provides for compensation of property owners adversely affected by specified determinations pursuant to such Act. Title IV: Providing for Habitat Conservation Incentive Programs - Authorizes the Secretary to: (1) enter into an agreement (Cooperative Management Agreement) with any affected non-Federal person (currently, only with a State) for the management of a species' habitat; and (2) provide grants to any non-Federal person for habitat preservation of endangered or threatened species. Title V: Reauthorization and Other Amendments - Sets forth provisions regarding: (1) experimental population release; (2) captive propagation, including grants; and (3) citizen suits. (Sec. 505) Authorizes appropriations for activities under such Act.
United States · United States Congress · 5 October 1993
Calls for: (1) the President to encourage the United Nations (UN) to permit representatives of Taiwan to participate fully in UN activities; and (2) cabinet-level exchanges between Taiwan and the United States.
United States · United States Congress · 21 September 1993
TABLE OF CONTENTS: Title I: Data Collection and Procedures to Ensure that Tolerances Safeguard the Health of Infants and Children Title II: Cancellation and Suspension Title III: Amendments to the Federal Food, Drug, and Cosmetic Act Food Quality Protection Act of 1993 - Title I: Data Collection and Procedures to Ensure that Tolerances Safeguard the Health of Infants and Children - Directs the Administrator of the Environmental Protection Agency and the Secretaries of Agriculture and Health and Human Services to establish procedures to ensure that pesticide tolerances adequately safeguard the health of infants and children based on the recommendations of a specified report prepared by the National Research Council of the National Academy of Sciences. (Sec. 102) Directs the Secretary of Agriculture to collect pesticide use data of statewide or regional significance for all the major crops and crops of dietary significance. (Sec. 103) Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to mandate research, development, and dissemination of integrated pest management techniques and other pest control methods that enable producers to reduce or eliminate application of pesticides which pose a greater than negligible dietary risk to humans. Title II: Cancellation and Suspension - Amends FIFRA provisions relating to cancellations, changes in classifications, or other terms of registration with respect to the authority of the Administrator. Requires that a rulemaking under such provisions be based on a validated test or other significant evidence raising prudent concerns of unreasonable adverse effects to the environment. Denies registration applications that are not in compliance with this Act. Title III: Amendments to the Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to define, subject to exception, "pesticide chemical" as it is defined in FIFRA. (Sec. 304) Deems a food adulterated if it bears or contains: (1) a pesticide chemical residue that is unsafe; or (2) a new animal drug or conversion product that is unsafe. (Sec. 305) Sets forth requirements relating to tolerances and exemptions from tolerances for pesticide chemical residues in food, including residues of degradation products. Prohibits establishment of a tolerance higher than a level the Administrator determines is adequate to protect the public health. Allows a greater than negligible dietary risk if: (1) use protects from greater adverse health effects to humans or the environment; (2) use avoids greater risks from another pesticide; or (3) the unavailability of the pesticide would reduce the availability of an adequate, wholesome, and economical domestic supply of the food, and the adverse effects from the reduction would outweigh the risk posed by the residue. Allows the Administrator to issue an exemption from the requirement for a tolerance only if a tolerance is not needed to protect the public health, in view of the levels of dietary exposure that could reasonably be expected to occur. Prohibits a final rule that revokes, modifies, or suspends a tolerance or exemption until the Administrator has taken any necessary action under FIFRA with respect to the registration of the pesticide involved. Requires the Administrator, if the Administrator takes certain actions with respect to the registration of a pesticide, to revoke any tolerance or exemption that allows the presence of the chemical or chemical residue. Requires the suspension of any tolerance or exemption upon the suspension of the use of an associated registered pesticide. Provides for: (1) tolerances for unavoidable residues in the case of a residue of a canceled or suspended pesticide chemical that will unavoidably persist in the environment and be present in or on a food; and (2) residues resulting from an application which was lawful at the time of application. Prohibits, subject to exception, a State from enforcing any limit on a qualifying pesticide chemical residue in or on any food which is not identical to Federal requirements. Prohibits a State from enforcing a residue limit which was lawful at the time of application. (Sec. 306) Authorizes appropriations for increased monitoring of pesticide residues in imported and domestic food.
United States · United States Congress · 14 September 1993
General Aviation Revitalization Act of 1993 - Amends the Federal Aviation Act of 1958 to set forth a 15-year statute of limitations within which a person may bring a civil action against an aircraft manufacturer for damages for death or injury or damage to property arising from an aircraft accident.
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