United States · United States Congress · 19 August 1994
Private Property Rights Restoration Act - Grants the owner of real property a cause of action against the United States if: (1) the application of a statute, regulation, rule, guideline, or policy of the United States restricts, limits, or otherwise infringes a right to real property that would otherwise exist; and (2) such application would result in a discrete and non-negligible reduction in the fair market value of the affected portion of real property. Specifies that a prima facie case shall be established if the Government action results in a temporary or permanent diminution of fair market value of the affected portion of real property of the lesser of 25 percent or more, or $10,000 or more. Sets forth provisions regarding: (1) jurisdiction; (2) recovery amount; (3) a public nuisance exception; (4) award of costs to a prevailing plaintiff; and (5) the applicable statute of limitations.
United States · United States Congress · 19 August 1994
Missing Service Personnel Act of 1994 - Requires the military commander of the unit, facility, or area to which the following persons are assigned to conduct an investigation as to their whereabouts after receiving factual information that their status is uncertain: (1) military personnel who disappear during a period of war, national emergency, or hostilities; and (2) any civilian Federal employee (including an employee of a Federal contractor) who serves with or accompanies an armed force in the field during such a period. Requires such persons to be placed in a missing status and requires notification of such status to either the officer having general court-martial authority over the person (for military personnel) or the Secretary of the military department employing such person (for civilian and contractor employees). Requires such officials to be kept informed (specifies deadlines) as to all information and inquiries concerning efforts to locate such missing personnel. Requires such officials to appoint a board to conduct an inquiry into the whereabouts and status of such persons. Provides for: (1) board composition, activities, and access to information; (2) inquiry proceedings (requiring the appointment of counsel, with specified duties, to represent the missing person); (3) a board recommendation as to the official status of a person following such an inquiry; (4) board reports to the officials involved as to board conclusions (prohibiting public availability of such reports for a one-year period); (5) report review by the official; (6) a report from such official to interested persons; and (7) an additional investigation and inquiry by an additional board upon receipt of new information within one year after the date of the first official notice of a person's disappearance. Allows interested persons (family members, dependents, next of kin) to participate at the proceedings of the board during such additional inquiry. Provides for the availability of appropriate information to board personnel conducting investigations and inquiries. Provides similar procedures for the second board with respect to meetings (open to the public, with exceptions), recommendations, reports, review by the Secretary of the military department concerned, and reports to interested persons. Requires a board to be reconvened when information becomes available that would directly lead to a determination of a person's status. Requires the Secretary concerned to appoint a board to conduct an inquiry as to the status of a missing person: (1) on or about three years after the first official notice of the disappearance of such person; and (2) not later than every three years thereafter until a total of 12 years after the first official notice. Provides for: (1) the release to a board by the Secretary concerned of all personnel file information concerning missing persons; (2) the treatment of classified information; (3) penalties for the wrongful withholding of information; (4) limited circumstances under which a board may recommend that a missing person be declared officially dead; (5) the submission by the board of appropriate information if such recommendation occurs; and (6) judicial review for interested persons of a board decision to declare a person officially dead. Provides for the appointment of a board to review the status of a person previously declared dead, with board procedures similar to those described above. Requires a person previously declared dead or in a missing status who is subsequently found alive to be paid for the full time of their absence.
United States · United States Congress · 18 August 1994
Revises the definition of "local service area of a primary transmitter" of a broadcast station, for purposes of provisions concerning copyright infringement with regard to secondary transmissions, to include such station's television market (as defined under the Code of Federal Regulations effective September 18, 1993) or any subsequent modifications to such television market.
United States · United States Congress · 12 August 1994
Authorizes the Administrator of the General Services Administration to enter into agreements with State and local governments or private U.S. corporations for the construction of border stations on the borders of the United States with Canada and Mexico. Sets forth agreement requirements and terms.
United States · United States Congress · 10 August 1994
National Voter Opportunity To Inform Congress Effectively on Term Limits Act (VOICE Act) - Requires the Clerk of the House of Representatives and the Secretary of the Senate to certify to appropriate State agencies for inclusion on the 1994 general election ballot in each congressional district a national advisory referendum that asks whether the Congress should propose a constitutional amendment to limit the number of terms that a Member of Congress can serve in office. Requires each State to place such question on the ballot. Requires the results of each State's non-binding referendum on the advisory question to be certified by the State election agency to the Clerk of the House and the Secretary of the Senate in the manner and at the same time of the certification of election of Members of the Congress for the general election. Requires the House and Senate Judiciary Committees, in light of the non binding referendum results, to examine whether the Congress should propose an amendment to the Constitution providing for term limits and submit their recommendations for response to the Congress within six months after the general election. Requires the State election agencies to forward to the Clerk of the House and the Secretary of the Senate their comments or suggestions regarding changes or improvements in procedures for conducting national non-binding referenda in future general elections. Requires: (1) the costs of including the advisory question required by this Act to be reimbursed by the United States upon submission by the State election agency of the actual costs of conducting the non-binding referendum in the State; and (2) such reimbursements to be made from the franking accounts of the Congress divided equally between the two Houses. Makes the Clerk of the House and the Secretary of the Senate responsible for ensuring the proper application for and reimbursement of such expenses.
United States · United States Congress · 4 August 1994
TABLE OF CONTENTS: Title I: Magnuson Fishery Conservation and Management Act Amendments Title II: Transfer of U.S. Flag Fishing and Processing Vessel Registries Title I: Magnuson Fishery Conservation and Management Act Amendments - Magnuson Fishery Conservation and Management Act Amendments of 1994 - Amends the Magnuson Fishery Conservation and Management Act to revise the purposes of the Act to make Regional Fishery Management Councils (Councils) free from conflicts of interest affecting any Council member. (Sec. 104) Requires that: (1) national standards for fishery conservation and management include reduction of excessive fishing capacity and avoidable bycatch and discards as technologically feasible; and (2) conservation and management measures promote safety of life and property at sea. (Sec. 105) Requires that: (1) the Pacific Fishery Management Council add a voting member to include one appointed from an Indian tribe with federally recognized fishing rights; (2) the Secretary of Commerce, in making appointments to Councils, give the lowest priority to paid representatives and lobbyists of fishery associations unless such individuals are directly employed in a commercial fishery; and (3) all voting members of each Council take a specified oath. Includes the child, grandchild, parent, and sibling of a Council member as an "affected individual" for purposes of disclosure of financial interest. Directs a Council member required to disclose a financial interest to recuse himself or herself from voting on Council actions that have a direct and predictable effect on that interest. Directs the Regional Directors of the National Marine Fisheries Service and all Council staff members to avoid any action which might result in or create the appearance of using public office for private gain, giving preferential treatment to any person, or adversely affecting public confidence in Government integrity. (Sec. 106) Revises or adds provisions regarding: (1) contents of fishery management plans; (2) actions by the Secretary; (3) implementation of fishery management plans; (4) State jurisdiction; and (5) prohibited acts and enforcement. (Sec. 113) Authorizes appropriations. Title II: Transfer of U.S. Flag Fishing and Processing Vessel Registries - U.S. Fishery Capitalization Reduction Act of 1994 - Allows specified vessels to acquire the right to engage in the coastwise trade by reason of being placed under foreign registry. Subjects the operation of such vessel which has been sold to a person that is not a U.S. citizen or placed under foreign registry to the following limitations: (1) the vessel may only engage in fisheries or coastwise trade in which it was eligible to engage before the vessel was placed under foreign registry; (2) the vessel may not engage in any operation other than fishing, fish processing, and the transportation of fish, fish products, or materials; and (3) all drydocking, conversion, repair (except routine maintenance or emergency repair), or rebuilding of the vessel after the date on which the vessel is placed under foreign registry shall be performed in shipyards located in the United States.
United States · United States Congress · 21 July 1994
TABLE OF CONTENTS: Title I: Retirement Savings Incentives Subtitle A: Restoration of IRA Deduction Subtitle B: Nondeductible Tax-Free IRAs Title II: Penalty-Free Distributions Title III: Aid to Families With Dependent Children Savings and Investment Incentive Act of 1994 - Title I: Retirement Savings Incentives - Subtitle A: Restoration of IRA Deduction - Amends the Internal Revenue Code to remove the limitation on the deductibility of contributions to individual retirement plans (IRAs) by active participants in employer-maintained plans, thereby restoring the IRA deduction. Provides an inflation adjustment after 1995. Allows certain spouses a full deduction for contributions to an IRA. Makes certain coins and bullion ineligible as collectible investments for purposes of distributions from an IRA. Subtitle B: Nondeductible Tax-Free IRAs - Allows individuals to establish individual retirement plus (IRA plus) accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such accounts nondeductible. Title II: Penalty-Free Distributions - Allows distributions from certain retirement plans without penalty to purchase first homes, pay higher education expenses and financially devastating medical expenses, and assist certain unemployed individuals. Title III: Aid to Families with Dependent Children - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to exclude from AFDC eligibility determinations certain income and resources that are to be used for education, training, and employability purposes. Requires the Secretary of Health and Human Services to report to the Congress on a revision of the AFDC limit on automobiles in order to increase the employability of AFDC recipients.
United States · United States Congress · 23 June 1994
Directs the Secretary of the Interior to enter into and complete negotiations with the city of Corpus Christi, Texas, on a specified loan contract which concerns the Nueces River water project, Texas. Requires the Secretary to discount the remaining Federal debt obligation under the contract based on the actual water yield to the city from the project. Authorizes the Secretary, on payment of a specified amount, to transfer title for the project to local sponsors of the project.
United States · United States Congress · 23 June 1994
U.S.-Mexico Border Water Pollution Control Act - Amends the Federal Water Pollution Control Act to authorize the Administrator of the Environmental Protection Agency to provide financial and other assistance to the Border Environment Cooperation Commission, Federal, State, or local governmental entities, and the International Boundary and Water Commission, United States and Mexico for planning, design, and construction of wastewater treatment works in the U.S.-Mexican border area. Authorizes appropriations.
United States · United States Congress · 23 June 1994
Congratulates the Houston Rockets for their outstanding heart, resolve, and determination in winning the 1994 National Basketball Association Championship.
United States · United States Congress · 14 June 1994
World War II Peace Accords Commemorative Coin Act - Expresses the sense of the Congress that: (1) the 50th anniversary of the signing of the World War II peace accords on the U.S.S. Missouri should not go unrecognized at the national level; and (2) the United States should recognize such anniversary by minting and issuing a commemorative coin. Sets forth specifications for half dollar clad coins. Mandates that the surcharges received from the sale of such coins be paid by the Secretary of the Treasury to the Admiral Nimitz Foundation for the purpose of preserving the Pacific War heritage of the United States.
United States · United States Congress · 7 June 1994
Expresses the sense of the Senate that for purposes of issuing final regulations regarding religious harassment in the workplace under title VII of the Civil Rights Act of 1964, the Equal Employment Opportunity Commission should: (1) withdraw religion as a category covered by proposed guidelines; (2) hold public hearings; and (3) receive additional public comment before issuing similar new regulations.
United States · United States Congress · 25 May 1994
Establishes the Special Subcommittee on Certain Allegations Concerning Whitewater Development Corporation, Madison Guaranty Savings and Loan Association, and Capital Management Services, Inc., and Related Issues within the Senate Committee on Banking, Housing, and Urban Affairs. Declares that the purpose of such Subcommittee shall be to conduct an investigation into, and study matters related to: (1) Whitewater, Madison, Capital Management, the Arkansas Development Finance Authority, and Value Partners I; (2) the conduct and policies of specified Federal executive and regulatory agencies; and (3) the circumstances surrounding Hillary Rodham Clinton's commodities-futures trading activities. Requires the Subcommittee to report its findings to the Senate.
United States · United States Congress · 18 May 1994
Railroad Grade Crossing Safety Act of 1994 - Amends the Federal Railroad Safety Act of 1970 to direct the Secretary of Transportation (Secretary) to establish uniform standards regarding the allocation of responsibility for selection and installation of signal devices at public railroad-highway grade crossings. (Sec. 3) Requires the Secretary to conduct a rulemaking proceeding to require that each State highway safety management system include: (1) public railroad-highway grade crossing closure plans that are aimed at eliminating high-risk or redundant crossings; and (2) railroad-highway grade crossings policies that limit the creation of new at-grade crossings for vehicle or pedestrian traffic, recreational use, or any other purpose. (Sec. 4) Requires the Secretary to establish an emergency "800" telephone number notification system that the public can use to convey to railroads information about malfunctions or other safety problems at such crossings. Prohibits a court from holding the Secretary or other Federal agency, or State or local government agency liable for damages caused by any action or failure to perform a duty under this Act. Authorizes appropriations. (Sec. 5) Authorizes appropriations for Operation Lifesaver, Inc. (Sec. 6) Requires the Secretary to ensure that the National Intelligent Vehicle-Highway Systems Program addresses the use of intelligent vehicle-highway system technologies to promote safety at railroad-highway grade crossings. (Sec. 7) Directs the Secretary to promulgate regulations to prohibit the driver of a motor vehicle transporting hazardous materials in commerce, and of any commercial vehicle, from driving such vehicle onto a railroad-highway crossing without having sufficient space to drive through the crossing without stopping. Sets forth civil penalties for persons who deface signs or devices or who trespass on such crossings. (Sec. 8) Amends the Commercial Motor Vehicle Safety Act of 1986 to require the Secretary to issue regulations establishing sanctions and penalties for persons who operate a commercial motor vehicle and violate laws pertaining to railroad-highway grade crossings. (Sec. 9) Requires the National Highway Traffic Safety Administration, and the Office of Motor Carrier Safety within the Federal Highway Administration, to cooperate with the National Association of Governors' Highway Safety Representatives, the Commercial Vehicle Safety Alliance, and Operation Lifesaver, Inc., to improve enforcement of laws pertaining to railroad-highway grade crossings.
United States · United States Congress · 11 May 1994
TABLE OF CONTENTS: Title I: Interdiction Title II: Alien Smuggling Title III: INS Investigators Title IV: Government Benefits Title V: Criminal Aliens Title VI: Terrorist Aliens Title VII: Inspections Title VIII: Asylum Title IX: Funding Illegal Immigration Control Act of 1994 - Title I:Interdiction - Directs the Attorney General to install additional physical barriers in high illegal-entry border areas. (Sec. 102) Authorizes appropriations for additional Border Patrol personnel. (Sec. 103) Directs the Attorney General and the Commissioner of the Immigration and Naturalization Service (INS) to: (1) implement an interior repatriation program for illegal aliens who have been deported at least three times; and (2) increase border detention facilities. (Sec. 104) Authorizes the transfer of closed military bases to be used as Federal incarceration facilities for illegal aliens. (Sec. 105) Authorizes the Attorney General to require vessels to provide INS with port of entry notification. Title II: Alien Smuggling - Amends the Immigration and Nationality Act (the Act) to expand INS forfeiture authority for smuggling or harboring illegal aliens. (Sec. 202) Brings alien smuggling operations under the purview of the Racketeer Influenced and Corrupt Organizations (RICO) provisions. (Sec. 203) Amends the Act to increase penalties for certain alien smuggling offenses. (Sec. 204) Amends Federal law to authorize INS wiretaps for alien smuggling investigations. Title III: INS Investigators - Authorizes additional appropriations for additional INS investigators. Title IV: Government Benefits - Prohibits direct Federal benefits (except for emergency medical care) or housing assistance to an alien who is not a permanent resident, a refugee, an asylee, or a parolee. (Sec. 402) Prohibits unemployment benefits to an alien who has not been granted INS work authorization. (Sec. 404) Authorizes appropriations for the Save System. (Sec. 405) Reduces Federal assistance by 20 percent to any locality that refuses to cooperate in the arrest and deportation of illegal aliens. (Sec. 406) Establishes a uniform vital statistics pilot program for three States with high numbers of undocumented aliens. Authorizes appropriations. Title V: Criminal Aliens - Amends the Act to include aliens on criminal probation or criminal parole among the categories of aliens subject to special registration. (Sec. 502) Expands the definition of "aggravated felony." (Sec. 503) Expedites deportation proceedings for specified criminal aliens. (Sec. 504) Provides for judicial deportation of aliens convicted of an aggravated felony. (Sec. 505) Restricts specified deportation defenses. (Sec. 508) Directs the Commissioner to operate a criminal alien tracking center. Authorizes appropriations. (Sec. 509) Directs the Secretary of State and the Attorney General to study the use and effectiveness of the Prisoner Transfer Treaty with Mexico to remove convicted aliens from the United States. (Sec. 511) Directs the Attorney General, upon State or local request, to: (1) incarcerate convicted alien felons; or (2) compensate States or localities for such incarceration costs. Title VI: Terrorist Aliens - Amends the Act to establish procedures for the removal of alien terrorists, including a special court to hear such cases. (Sec. 602) Makes membership in a terrorist organization a basis for U.S. exclusion. Title VII: Inspections - Directs the Attorney General to establish: (1) specified numbers of preinspection stations at foreign airports identified as last departure points for the greatest numbers of U.S.-arriving passengers and at those with the greatest numbers of U.S.-arriving undocumented aliens; and (2) an air carrier consultant program. (Sec. 702) Provides for the training of airline personnel in fraudulent document detection. (Sec. 703) Amends Federal law to increase specified passport and visa penalties. Title VIII: Asylum - Amends the Act to revise asylum procedures. (Sec. 802) Sets forth mandatory and discretionary conditions for granting provisional asylum. Title IX: Funding - Provides overhead cost reductions incurred in federally sponsored research.
United States · United States Congress · 10 May 1994
Amends the Internal Revenue Code to exclude from income military moving and storage expense reimbursements without regard to the deductibility of such expenses.
United States · United States Congress · 6 May 1994
Welfare Antifraud Act of 1994 - Amends title IV (Aid to Families with Dependent Children) of the Social Security Act to require a State agency to establish a two-digit fingerprint matching identification system to prevent multiple enrollments of an individual for benefits. Prescribes implementation guidelines.
United States · United States Congress · 4 May 1994
Congressional Accountability Act - Makes specified Federal statutes (or provisions thereof) applicable to the offices and employees of the legislative branch of the Federal Government, including (with exceptions): (1) the Fair Labor Standards Act of 1938 (FLSA); (2) the Occupational Safety and Health Act of 1970 (OSHA); (3) the Civil Rights Act of 1964; (4) the Age Discrimination in Employment Act of 1967; (5) the Americans with Disabilities Act of 1990 (ADA); (6) the Rehabilitation Act of 1973; (7) the Family and Medical Leave Act of 1993; (8) the Employee Polygraph Protection Act of 1988; (9) the Worker Adjustment and Retraining Notification Act; (10) the Freedom of Information Act (FOIA); (11) the Privacy Act of 1974 (Privacy Act); and (12) provisions governing Federal labor-management relations. (Sec. 3) Establishes in the legislative branch an Office of Compliance. Provides for a Board of Directors: (1) to issue regulations that specify the manner in which provisions of this Act shall be implemented to ensure compliance; (2) when proposing regulations, to recommend to the Congress any needed changes in or repeals of existing law to accommodate the application of such provision to its employees and offices; and (3) to study provisions of Federal law relating to employment, personnel actions, or availability of information to the public that are similar to such provision and that do not apply to congressional offices or employees, and recommend to the Congress whether any of those provisions should be applied to congressional offices or employees. Sets forth congressional disapproval procedures with respect to the issuance of regulations of, and rulemaking by, the Office. Requires the Board to carry out a program to inform Members of Congress, congressional employees, and heads of congressional offices as to the provisions, including remedies, made applicable to the legislative branch. (Sec. 5) Sets forth procedures for consideration of alleged violations of civil rights and personnel requirements, including: (1) step I, counseling; (2) step II, mediation; and (3) at the election of the employee alleging the violation, step IIIA, formal complaint and hearing by a hearing board, and step IV, judicial review of a hearing board decision by the U.S. Court of Appeals for the Federal Circuit, or step IIIB, a civil action in a U.S. district court. (Sec. 11) Sets forth procedures for consideration of alleged violations relating to: (1) information requirements; and (2) labor management and occupational health and safety requirements. (Sec. 13) Makes FOIA and the Privacy Act inapplicable to specified offices, including the personnel offices of Members of Congress, congressional committees, and the offices of any caucus or partisan organization related to the Congress. (Sec. 15) Treats intimidation of, or reprisal against, a congressional employee by any Member or officer of the Congress, any head of a congressional office, or any congressional employee, because of the exercise of a right under this Act, as an unlawful employment practice. (Sec. 16) Sets forth provisions regarding confidentiality with respect to counseling, mediation, hearings, release of records for judicial review, and access by congressional committees. (Sec. 17) Requires the Office, on a regular basis and at least once during each Congress, to request that the Secretary of Labor and the Architectural and Transportation Barriers Compliance Board detail to the Office such personnel as necessary to inspect the facilities of the legislative branch to ensure compliance with OSHA, FLSA, and ADA. (Sec. 18) Requires the executive director of the office (appointed by the chairperson of the Board) to: (1) collect information with respect to complaints filed under this Act; and (2) submit for publication in the Congressional Record a report containing such information, without identifying parties by name. (Sec. 19) Specifies that it shall not be a violation to consider the party affiliation, domicile, or political compatibility with the employing office of an employee with respect to employment decisions issued under this Act. (Sec. 20) Prohibits a congressional employee from commencing a judicial proceeding to redress practices prohibited under this Act, except as provided in this Act. (Sec. 22) Authorizes appropriations.
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 · 11 April 1994
Designates the Federal building located at 100 East Houston Street in Marshall, Texas, as the Sam B. Hall, Jr. Federal Building and United States Courthouse.
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 · 25 March 1994
Poverty Data Improvement Act of 1994 - Requires the Secretary of Commerce to biennially produce and publish data relating to the incidence of poverty for each State, county or borough, and local government, including Alaska native villages, (compiled from the most recent decennial census and for each school district). Authorizes such data to be produced by means of sampling, estimation, or any other method that the Secretary determines will produce current, comprehensive, and reliable data. Authorizes the Secretary to aggregate school districts if reliable data could not otherwise be produced for each school district, but only to the extent necessary to achieve reliability. Requires such data to be appropriately identified and accompanied by a detailed explanation as to how and why aggregation was used (including the measures taken to minimize any such aggregation). Requires the Secretary, if unable to produce and publish such data for any area, to report to the President of the Senate and the Speaker of the House of Representatives on each government or school district excluded and the reasons therefor.
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
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 · 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 · 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
TABLE OF CONTENTS: Title I: Saving the Taxpayers Money Subtitle A: Specific Spending Cuts Subtitle B: Reducing the Size of Government Subtitle C: Eliminating Government Printing Monopoly Title II: Streamlining the Federal Bureaucracy Subtitle A: Department of Agriculture Reorganization Subtitle B: Procurement Streamlining Subtitle C: Other Streamlining Reforms Title III: Improving Government Performance and Accountability Title IV: Improving the Legislative Process Title V: Enforcement Government Downsizing, Performance, and Accountability Act of 1994 - Title I: Saving The Taxpayers Money - Subtitle A: Specific Spending Cuts - Rescinds 7.5 percent of remaining FY 1994 appropriations for the legislative branch (except the House of Representatives and the Executive Office of the President). (Sec. 1003) Amends the Legislative Reorganization Act of 1946 to limit annual cost of living adjustments (COLAs) for Members of Congress to those for other Federal employees. (Sec. 1004) Rescinds certain FY 1994 appropriations to provide for reductions in FY 1994 budgetary outlays for, and thereafter through FY 1996 sets general obligational limits on, various specified agency administrative expenses (except Department of Defense (DOD) and other specified expenses), as determined by the Director of the Office of Management and Budget (OMB). (Sec. 1005) Makes specified rescissions in current FY 1994 appropriations for: (1) the Agency for International Development's (AID) Development Assistance Fund; (2) Department of State Diplomatic and Consular Programs; and (3) salaries and expenses of the United States Information Agency (USIA) and USIA's North/South Center. (Sec. 1006) Raises the minimum threshold for application of the prevailing wage requirements of the Davis-Bacon Act from $2,000 to $100,000 for Federal or District of Columbia contracts within the geographical limits of the 48 contiguous States. Prohibits artificially splitting contracts above the $100,000 threshold into contracts smaller than $100,000 for the purpose of evading such Act. (Sec. 1007) Permits the use of funds under the Department of Labor Appropriations Act, 1994 to implement or administer certain regulations pertaining to utilization of helpers on Federal construction projects subject to the Davis-Bacon Act. (Sec. 1008) Amends the National Foundation on the Arts and the Humanities Act of 1965 to phase-in through FY 1998 a ten percent reduction in Federal funding for the National Endowments for the Arts and the Humanities. Requires a phase-in of eight percent funding reductions for the Smithsonian Institution, the National Gallery of Art, and Corporation for Public Broadcasting. (Sec. 1009) Places a one-year moratorium on construction of new Federal buildings and agency leasing of building space, except construction of buildings primarily used for education, and certain pending projects. Rescinds a specified amount of FY 1994 obligational authority from the Federal Buildings Fund for new construction and acquisitions. (Sec. 1010) Makes specified rescissions of FY 1994 funding for: (1) the Appalachian Regional Commission; (2) the Legal Services Corporation; (3) community development block grant programs; (4) the Tennessee Valley Authority; (5) public housing; (6) the Economic Development Administration; (7) the International Developmental Association (IDA); (8) the International Bank for Reconstruction and Development; and (9) United Nations (UN) peacekeeping. (Sec. 1012) Amends the Housing and Community Development Act of 1974 to reauthorize at slightly increased levels and extend through FY 1998 the community development grant program for States, local governments, and Indian tribes. (Sec. 1014) Replaces programs providing Federal assistance for the construction of new non-Indian-related public housing with a tenant-based voucher assistance program. (Sec. 1016) Expands the program which assists Federal employees permanently disabled on the job in order to help them find new employment. Authorizes the Secretary of Labor to expand the Federal Employees' Compensation Act Periodic Roll Management Projects to all offices of the Department of Labor's Office of Workers' Compensation Program. Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994 to impose limitations on the availability of funding for the IDA in FY 1994 and 1995. (Sec. 1018) Amends the National Energy Conservation Policy Act to allow the use of any cogeneration process for other than federally owned buildings or other federally owned facilities when entering into contracts for achieving energy savings at Federal agencies. (Sec. 1019) Amends the National Housing Act to revise mortgage refinancing provisions to authorize the Secretary of the Department of Housing and Urban Development (HUD) to use amounts recaptured under such provisions for the refinancing incentives and costs payments authorized under them. Subtitle B: Reducing the Size of Government - Alaska Power Administration Sale Authorization Act - Authorizes the Secretary of Energy, in accordance with specified purchase agreements, to sell: (1) the Snettisham Hydroelectric Project to Alaska; and (2) the Eklutna Hydroelectric Project to the Anchorage Municipal Light and Power, the Chugach Electric Association, Inc., and the Matanuska Electric Association, Inc. (Sec. 1101) Directs the Secretary to: (1) close out the Alaska Power Administration; (2) report to the Congress on the sales; and (3) return to the Treasury unused balances of funds appropriated for the Alaska Power Administration. Repeals specified Federal law concerning water resources investigations in Alaska by the Secretary of the Interior. (Sec. 1102) Rescinds a specified amount of funds available for the National Oceanic and Atmospheric Administration fleet for research. (Sec. 1103) Directs the Secretary of Veterans Affairs to phase-out and close certain Department of Veterans Affairs supply depots in New Jersey, Illinois, and California and transfer funding back to the Treasury. (Sec. 1104) Repeals the State Justice Institute Act of 1984, thereby terminating the State Justice Institute. Rescinds half the FY 1994 appropriations for salaries and expenses of the State Justice Institute. (Sec. 1105) Eliminates the National Small Business Tree Planting Program. (Sec. 1106) Amends Federal law to: (1) permit DOD to contract for certain non-core functions such as data processing, billing, and payroll; (2) authorize appropriations out of a special fund credited with a portion of the delinquent debts collected in order to improve debt collection activities; (3) allow the U.S. Customs Service to utilize private debt collection companies; (4) subject the Internal Revenue Service, the Social Security Administration, and the U.S. Customs Service to statutorily prescribed debt collection reporting requirements; and (5) repeal requirements pertaining to Department of Justice contracting for private legal services in connection with indebtedness cases. Subtitle C: Eliminating Government Printing Monopoly - Government Information Dissemination and Printing Improvement Act of 1994 - Transfers the position of Superintendent of Documents (SD) and all its functions to the Library of Congress, to be carried out by an official of the same title under the direction of the Librarian of Congress. (Sec. 1202) Revokes all existing authorized printing plant charters. (Sec. 1203) Requires all Government publications to be available for use throughout the Government. (Sec. 1204) Requires each department, agency, and other entity of the Government to: (1) establish a comprehensive inventory of its publications; (2) make it available via the electronic directory; and (3) furnish its publications to the SD. (Sec. 1205) Imposes additional specified responsibilities on the: (1) Public Printer with respect to the executive and judicial branches; and (2) SD with respect to dissemination of Government publications. (Sec. 1206) Requires the head of a Government department, agency, or entity to furnish any of its publications to the SD. (Sec. 1207) Requires the SD to make Government publications available to designated depository libraries and State libraries. Title II: Streamlining The Federal Bureaucracy - Subtitle A: Department of Agriculture Reorganization - Directs the Secretary of Agriculture to: (1) consolidate field, regional, and national offices within the Department of Agriculture; and (2) reduce personnel in order to achieve a specified expenditure reduction by FY 2000. Subtitle B: Procurement Streamlining - Replaces armed forces provisions giving preference to nondevelopmental items in supply procurements with provisions for the acquisition of commercial items (property regularly used by the general public or non-governmental entities for non-governmental purposes) in equipment or supply procurements. Authorizes the Secretary of Defense to develop and acquire non-commercial equipment or supplies only if no commercial items are available. Makes cost accounting standards under the Office of Federal Procurement Policy Act (OFPPA) inapplicable to acquisitions of commercial items. (Sec. 2052) Amends the Federal Property and Administrative Services Act of 1949 (FPASA) to make similar changes with respect to civilian agency acquisitions. (Sec. 2061) Amends OFPPA to raise the small purchase threshold (renamed the simplified acquisition threshold (SAT)) to $100,000. Makes the same change with regard to armed services acquisitions, except with regard to the contingency operation exception for certain contracts and purchases. Extends the new threshold under OFPPA to FPASA. (Sec. 2066) Requires simplified procedures under the Federal Acquisition Regulation (FAR) for SAT acquisitions. (Sec. 2068) Amends OFPPA and the Small Business Act to: (1) repeal references to "the small purchase threshold" and continue existing notice thresholds for procurements over $25,000 (except that the requirement to allow 30 days for bid and proposal submission would apply only to contracts or orders in excess of SAT); and (2) prescribe additional contents for notices with respect to contracts between $25,000 and $100,000. (Sec. 2071) Exempts: (1) subject agency (National Aeronautics and Space Administration, Coast Guard, DOD, and respective military departments) contracts below SAT from contingent fee certifications, prohibitions on limiting subcontractor direct sales and doing business with certain contractors, and requirements for audits, supplier and supply source identification, and use of U.S. vessels for supply transportation; (2) civilian agency contracts below SAT from similar requirements with regard to subcontractor direct sales; (3) prime contracts below SAT from procedural and other requirements of the Anti-Kickback Act of 1986; and (4) contracts below SAT from the Miller Act (MA), the Contract Work Hours and Safety Standards Act, Service Contract Act of 1965, and Drug-Free Workplace Act of 1988, requirements regarding certain disabled veterans, and specified requirements under the Rehabilitation Act of 1973, Buy American Act, and Davis-Bacon Act. Requires the FAR to provide various alternative payment protections, including payment bonds, for suppliers of labor and materials on certain contracts under MA. (Sec. 2081) Requires the Federal Acquisition Regulatory Council to review the FAR to identify and amend regulations applicable to acquisitions below SAT. Requires agency heads to take similar action with respect to applicable supplemental regulations, policies, and procedures. Subtitle C: Other Streamlining Reforms - Amends the Copeland Act to require employers on contracts covered by the Davis-Bacon Act to certify compliance with applicable labor law standards at least once monthly, instead of weekly, to the Department of Labor. (Sec. 2102) Consolidates into the Block Grants to States for Social Services program under title XX of the Social Security Act (SSA) various social services programs under the Community Services Block Grant Act, the Child Care and Development Block Grant Act of 1990, titles III (Grants for State and Community Programs on Aging) and VII (Nutrition Program for the Elderly) of the Older Americans Act of 1965, the State Dependent Care Development Grants Act, and the SSA title IV part A (Aid to Families With Dependent Children) program for at-risk children. (Sec. 2103) Amends SSA title XVIII (Medicare) to revise the contractor system under Medicare, including eliminating the Railroad Retirement Board's authority to contract for processing the Medicare claims of railroad retirees, in order to provide for increased flexibility in contracting for Medicare claims processing. (Sec. 2104) Amends SSA title II (Old Age, Survivors and Disability Insurance) to restructure the current program for death information exchange: (1) to use, for example, a Federal Clearinghouse on Death Information as the vehicle for all such exchanges; and (2) in the case of individuals with respect to whom federally funded benefits are provided by (or through) a Federal or State agency other than under SSA, to require such agency to pay a set fee to cover all costs connected with the provision of such information for them. Ends the exemption from Internal Revenue Code requirements for Social Security Administration sharing of State collected death information with Federal, State, and local agencies granted to two States under the Omnibus Budget Reconciliation Act of 1993. (Sec. 2105) Amends SSA title II to earmark specified levels of administrative funding for continuing disability reviews of disabled beneficiaries. (Sec. 2106) Amends SSA title XI to authorize the Secretary of Veterans Affairs (VA) to use the Medicare and Medicaid Coverage Data Bank (renamed the Health Care Coverage Data Bank) to determine whether veterans receiving VA health care benefits have private insurance. (Sec. 2107) Amends the Housing and Community Development Amendments of 1978 to revise requirements for the management and disposition of Department of Housing and Urban Development (HUD)-held multifamily properties and mortgages. Title III: Improving Government Performance and Accountability - Requires that all authorization and appropriation legislation contain performance goals for any programs they fund. Provides for waivers from such requirement under certain conditions. (Sec. 3002) Amends Federal civil service law to: (1) link Federal within-grade pay increases to job performance; (2) provide for the modification of reduction-in-force (RIF) regulations to give an employee's efficiency or performance rating greater weight than tenure of employment and length of service during a RIF. (Sec. 3003) Requires the Federal Accounting Standards Advisory Board to recommend comprehensive and uniform Federal accounting and financial standards to the Congress and the President. (Sec. 3005) Revises current law regarding annual agency financial statements and agency audits, with changes requiring audited statements covering all accounts and associated activities of each office, bureau, and activity of the concerned agency. (Sec. 3006) Amends the Federal Employees' Compensation Act (FECA) to: (1) make it a felony to lie on FECA benefit applications; (2) bar from FECA program participation those individuals convicted of defrauding it; and (3) generally cut off FECA benefits to individuals in correctional facilities who have been convicted of a felony. (Sec. 3007) Allows Federal agencies to reduce employees or positions below mandated personnel levels. Title IV: Improving the Legislative Process - Amends the Congressional Budget and Impoundment Control Act of 1974 to require that each line-item in an appropriations bill and each tax expenditure in a revenue bill be enrolled as a separate bill to be presented to the President (effectively giving the President line-item veto authority over such measures while ensuring that the override provisions of the U.S. Constitution apply). (Sec. 4002) Amends rule XVI of the Standing Rules of the Senate to allow a point of order against reception or consideration of any appropriations bill or amendment containing a provision that has not been previously authorized by law within the preceding five years. (Sec. 4003) Amends the Congressional Budget Act of 1974 to make congressional consideration of emergency legislation subject to the same budgetary points of order and super-majority waiver requirements as other legislation. Title V: Enforcement - Provides that none of the changes in direct spending and receipts resulting from this Act shall be reflected in OMB estimates under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Directs the Director of OMB, upon enactment of this Act, to make specified downward adjustments in discretionary spending limits under the Congressional Budget Act of 1974 for FY 1994 through 1999. Makes specified reductions in budget outlays and authority for the House and Senate Committees on Appropriations under the Congressional Budget Act of 1974. Authorizes and directs each Committee on Appropriations to adjust its suballocations among its subcommittees for FY 1994 to reflect the lower allocations provided above. Amends the Congressional Budget Act of 1974 and the Gramm-Rudman-Hollings Act to provide for the establishment of a defense firewall through FY 1998.
United States · United States Congress · 8 February 1994
Directs the President to award a medal of honor to a named individual for outstanding service to the Nation during World War II, notwithstanding time limitations otherwise applicable.
United States · United States Congress · 7 February 1994
Expresses the sense of the Congress that a postage stamp should be issued to honor the 100th anniversary of the Jewish War Veterans of the United States and that the Citizens' Stamp Advisory Committee of the U.S. Postal Service should make such recommendation to the Postmaster General.
United States · United States Congress · 2 February 1994
Prohibits the Department of Transportation or any other Federal department, agency, or instrumentality from requiring any State or political subdivision thereof to convert highway signs to metric units.
United States · United States Congress · 27 January 1994
TABLE OF CONTENTS: Title I: Portable and Permanent Private Health Insurance Subtitle A: Portability Subtitle B: Permanence Title II: Expansion of Health Care Choices Subtitle A: Employer-Provided Health Insurance Subtitle B: Medical Savings Accounts Title III: Equal Tax Treatment for Health Insurance of Self-Employed and Uninsured Title IV: Small Business Health Insurance Pools Title V: Assistance to Individuals With Preexisting Conditions in Purchasing Health Insurance Title VI: Encourage Responsible Behavior by the Financially Capable Title VII: Assistance to Low-Income Workers to Purchase Health Insurance Title VIII: Reward Preventive Medicine and Healthy Lifestyles Title IX: Reform Medicaid and Expand Choices Under Medicare Subtitle A: Medicaid Subtitle B: Medicare Title X: Enhanced Efficiency Through Paperwork Reduction Title XI: Meaningful Medical Liability Reform Title XII: Antitrust Reforms Title XIII: Expenditure Targets for the Medicaid and Medicare Programs Comprehensive Family Health Access and Savings Act - Title I: Portable and Permanent Private Insurance - Subtitle A: Portability - Amends the Internal Revenue Code to modify required continuation coverage of group health plans by allowing the offering of annual deductibles for such coverage. Terminates such continuation coverage after an individual is eligible for employer-based coverage for more than 90 days. (Sec. 102) Allows penalty-free withdrawals from qualified retirement plans to pay for health insurance during a continuation period. Subtitle B: Permanence - Prohibits an insurer from cancelling an individual or group health insurance plan or denying renewal of coverage except for specified reasons. Prohibits an employer from cancelling a self-insured group health plan or denying renewal of coverage except for similar reasons. (Sec. 112) Requires individual health insurance plans and group health plans to offer insureds the option to purchase new health insurance plans after enactment of this Act. Title II: Expansion of Health Care Choices - Subtitle A: Employer-Provided Health Insurance - Requires an employer-provided health insurance package to include one of the following options: (1) the health insurance coverage provided by the employer on the date of enactment of this Act; (2) coverage in a health maintenance organization, managed care arrangement, or preferred provider organization; or (3) a medical savings account. Subtitle B: Medical Savings Account - Allows a deduction from gross income for medical expenses attributable to coverage under a catastrophic health insurance plan. (Sec. 212) Allows individuals a tax deduction for contributions made to a medical care savings account established for the benefit of an eligible individual or such individual's spouse and dependents. Allows such deduction whether or not an individual itemizes deductions. Disallows distributions from such accounts as medical expense deductions. Excludes employer contributions to such accounts from employment taxes. Establishes an excise tax for excess contributions to medical care savings accounts and for prohibited transactions. Title III: Equal Tax Treatment for Health Insurance of Self-Employed and Uninsured - Allows as an exclusion from gross income such self-employed health insurance costs as do not exceed the national per employee average of the employer-provided contribution excluded from gross income. Excludes certain health insurance costs from employment taxes. Title IV: Small Business Health Insurance Pools - Prohibits: (1) State restrictions on groups purchasing health insurance; (2) State benefit mandates for group health plans; and (3) for five years following enactment, specified State restrictions on managed care. Title V: Assistance to Individuals with Preexisting Conditions in Purchasing Health Insurance - Requires the Secretary to establish and administer a program providing allotments to States for the establishment of State-wide insurance risk pools to provide health insurance coverage to individuals with preexisting conditions. Authorizes appropriations. Title VI: Encourage Responsible Behavior by the Financially Capable - Prohibits any family with an income exceeding 200 percent of the poverty line or who is eligible for a catastrophic health insurance plan as defined in title VII of this Act, but who fails to purchase a plan providing such coverage within one year of enactment from being eligible for the insurance pool program under title V of this Act. Title VII: Assistance to Low-Income Workers to Purchase Insurance - Amends the Internal Revenue Code to allow a refundable tax credit for the cost of premiums for a catastrophic health insurance plan based upon family income and size. Allows the advance payment of such credit. Disallows the use of such credit amount as a medical expense deduction. (Sec. 702) Allows the collection of unpaid debts for medical expenses from individuals who are eligible for such credit but fail to claim it. Title VIII: Reward Preventive Medicine and Healthy Lifestyles - Provides that in the case of any health insurance plan, no provision of State or local law shall apply that restricts the reduction of premiums or the allowance of incentives with respect to such plans for individuals who pursue healthy lifestyles. Title IX: Reform Medicaid and Expand Choices Under Medicare - Subtitle A: Medicaid - Amends title XIX (Medicaid) of the Social Security Act to place a specified formula cap on the Federal payment made each year to a State for furnishing medical assistance to eligible individuals. (Sec. 902) Provides for waivers from Medicaid requirements in order for States to establish innovative and cost-effective programs for furnishing medical assistance to eligible individuals. Subtitle B: Medicare - Amends title XVIII (Medicare) of the Social Security Act to allow an individual to elect health care coverage through either a private health care arrangement or an eligible organization within one year after becoming entitled to benefits under Medicare part A (Hospital Insurance) or forgoing an employer health benefit plan. Details the election process for current Medicare part A beneficiaries. Provides for payments under Medicare to individuals enrolled with such arrangements or organizations, including additional amounts from the Medicare trust funds for individuals enrolled with such arrangements. Title X: Enhanced Efficiency Through Paperwork Reduction - Directs the Secretary of Health and Human Services to adopt standards to reduce the administrative and paperwork burdens of all Federal health care programs by 50 percent within the two-year period following the date of this Act's enactment (initial reduction), and by an additional 50 percent reduction over a subsequent three-year period (subsequent reduction), for a total reduction of 75 percent over the five-year period following such date. Requires the Secretary, to achieve the initial reduction, to adopt standards for Federal health care programs relating to: (1) data elements for use in paper and electronic claims processing under health insurance plans, as well as for use in utilization review and management of care; (2) uniform claims forms; and (3) uniform electronic transmission of the data elements, including protections to assure the confidentiality of patient-specific information and to protect against the unauthorized use and disclosure of information. Directs the Secretary, to achieve the subsequent reduction, to modify by regulation the standards adopted with respect to the initial reduction. Specifies that such modification may include such recommendations as reported by the Standardized Form Commission or any other provisions necessary to meet the goals for reduction in the paperwork burden of Federal health care programs. (Sec. 1002) Requires each State, to be eligible for Federal funds in connection with any State-administered health care program, to standardize the processing of paper and electronic claims to reduce the administrative and paperwork burdens on such programs by 75 percent during the five-year period following enactment of this Act. Sets forth provisions regarding enforcement of this provision and waivers of payment reductions for noncompliance. (Sec. 1003) Directs the Secretary to: (1) establish a Standardized Forms Commission to make recommendations on the standardization of paper and electronic claims processing to reduce the paperwork burden and enhance the efficiency and productivity of claims processing; and (2) submit recommendations to the Congress in the form of an implementing bill. Sets forth procedures for congressional consideration of such bill. Makes a health care provider or insurer that fails to comply with any enacted recommendations of the Commission ineligible for payments of claims submitted under any provision of the Social Security Act or the Public Health Service Act. Title XI: Meaningful Medical Liability Reform - Makes this title applicable with respect to any medical malpractice liability claim or action (such action) brought in State or Federal court, except with respect to certain claims or actions for damages arising from a vaccine-related injury or death. Sets forth provisions regarding: (1) preemption; (2) negotiated liability; (3) effect on sovereign immunity and choice of law or venue; and (4) jurisdiction. (Sec. 1102) Prohibits such action from being initiated after the expiration of: (1) the two-year period that begins on the latter of the date the alleged injury that is the subject of the claim was discovered or the date the injury should reasonably have been discovered; and (2) the four-year period that begins on the date on which the alleged injury occurred. Makes an exception for a minor who has not attained age six. (Sec. 1103) Provides that: (1) the liability of each defendant in such action, with respect to economic and noneconomic damages, shall be several only and not joint; (2) such a defendant shall be liable only for the amount of damages allocated to the defendant in direct proportion to such defendant's percentage of fault or responsibility for the injury; and (3) the trier of fact shall determine and assign a percentage of responsibility for each such defendant. (Sec. 1104) Requires: (1) all requests for discovery pursuant to such action to identify the relevant portion of the complaint, answer, or other pleading to which responses to the discovery requests are expected to relate; and (2) the court, with respect to any motion for an order compelling discovery, to award the prevailing party reasonable fees and expenses incurred in bringing or defending against the motion, including reasonable attorney fees, unless the court finds that the position of the unsuccessful party with substantially justified or that special circumstances make such an award unjust. (Sec. 1105) Limits the total amount of noneconomic damages that may be awarded to a claimant and family members to $250,000, regardless of the number of parties against whom the action is brought or the number of actions brought with respect to the injury. (Sec. 1106) Specifies that a defendant may not be required to pay damages awarded for any economic losses to be incurred after the date on which the judgment is entered exceeding $100,000, in a single, lump-sum payment, but shall be permitted to make such payments periodically based on projections of the amount of damages expected to be incurred by the claimant at appropriate intervals, as determined by the court. Permits the court to require that a defendant purchase an annuity or fund a reversionary trust to make periodic payments if the court determines that a reasonable basis exists for concluding that the defendant may be unable or otherwise fail to make the required periodic payments. Specifies that a court judgment awarding such payments may not be reopened at any time to contest, amend, or modify the schedule or amount of the payments in the absence of fraud or any other basis under which a party may obtain relief from a final judgment. (Sec. 1107) Sets forth provisions regarding costs and fees, including limitations on attorneys charging or collecting contingency fees. Establishes recordkeeping requirements as a prerequisite to the receipt of an award of attorney fees. (Sec. 1108) Sets forth provisions regarding: (1) contribution and indemnification; and (2) collateral sources. (Sec. 1110) Prohibits the award of noneconomic damages with respect to any medical product liability claim alleged against a medical product producer if: (1) the drug or device that is the subject of such claim was subject to specified approval or premarket approval under the Federal Food, Drug, and Cosmetic Act by the Food and Drug Administration (FDA); or (2) the drug or device is generally recognized as safe and effective pursuant to conditions established by the FDA and applicable regulations, including packaging and labeling regulations. Makes exceptions in cases of withheld information, misrepresentation, or illegal payment of FDA officials to secure approval. (Sec. 1111) Provides that, in any medical malpractice liability action that is certified as a class action: (1) the share of damages under any final judgment or settlement that is awarded to any party serving as a representative claimant shall be calculated in the same manner as the shares awarded to all other members of the claimant class (but permits the award of reasonable compensation, costs, and expenses relating to the representation of the class); (2) if a party is represented by an attorney who has a beneficial interest in the subject of the litigation, the court shall make a determination of whether such interest constitutes a conflict of interest sufficient to disqualify the attorney; and (3) an attorney may not represent the class if the attorney has paid, or is obligated to pay, a fee to a third party who assisted the attorney in obtaining the representation of any party to the action (and bars an attorney who knowingly violates this provision from representing the party in such action or any action to which this title applies). Title XII: Antitrust Reforms - Directs the Attorney General to promulgate guidelines under which a health care joint venture may submit an application requesting that the Attorney General provide the entities participating in the venture with an exemption under which: (1) monetary recovery on an antitrust claim brought against the entity shall be limited to actual damages if specified conditions are met; and (2) the conduct of the entity in making or performing a contract to carry out the venture shall not be deemed illegal per se. Requires the Attorney General to approve or disapprove the application within a specified time frame and to provide a statement explaining the reasons for any disapproval. Directs the Attorney General to approve the application if an entity participating in the venture submits to the Attorney General an application that contains: (1) the identities of the parties to the venture; (2) the nature, objectives, and planned activities of the venture; and (3) specified assurances and information. Sets forth provisions regarding: (1) revocation and renewal of exemptions and withdrawal of an application; (2) requirements relating to notice and publication of exemptions; and (3) issuance of health care certificates of public advantage to each eligible health care joint venture that complies with specified requirements. (Sec. 1203) Establishes the Interagency Advisory Committee on Competition, Antitrust Policy, and Health Care to: (1) discuss and evaluate competition and antitrust policy and their implications regarding the performance of health care markets; (2) analyze the effectiveness of health care joint ventures receiving exemptions in reducing costs and expanding access; and (3) make recommendations to the Congress. Title XIII: Expenditure Targets for the Medicaid and Medicare Programs - Requires the Director of the Office of Management and Budget, not later than 30 days after the end of each fiscal year beginning with FY 1995, to determine the amount of "medicaid excess expenditures" and "medicare excess expenditures" for such fiscal year. Defines such terms for a fiscal year as the amount by which the Federal expenditures under each such program for such fiscal year exceed the target expenditures for each such program. Sets formulas for determining the target expenditures. (Sec. 1302) Provides that if the Director determines that there are Medicaid or Medicare excess expenditures for a fiscal year, specified categories of health insurance benefits (including certain tax credits and exclusions and assistance to individuals with preexisting conditions in purchasing health insurance) that are effective in the applicable taxable or calendar year beginning after such fiscal year may be delayed until the following year. Makes such provision applicable only to so many of such categories in the order in which such categories are listed such that the savings resulting from such delay at least equal the costs of the Medicaid and Medicare excess expenditures.
United States · United States Congress · 27 January 1994
Amends the Omnibus Budget Reconciliation Act of 1993 to provide that the initial month for which a cost of living increase in retired pay that becomes effective on December 1 of 1993 through 1995 is payable shall be March of the following year.
United States · United States Congress · 26 January 1994
TABLE OF CONTENTS: Title I: Increased Use of Existing Prison Space Title II: Construction of Regional Prisons for Violent Criminals Title III: Effective Mandatory Minimum Prison Sentences Title IV: Violent Crime Reduction Trust Fund Predator Criminal Imprisonment Act - Title I: Increased Use of Existing Prison Space - Amends the Federal criminal code to prohibit a Federal court from: (1) holding prison or jail crowding unconstitutional under the eighth amendment except to the extent that an individual plaintiff inmate proves that the crowding causes the infliction of cruel and unusual punishment of that inmate; and (2) placing a ceiling on the inmate population of any Federal, State, or local detention facility as an equitable remedial measure for conditions that violate the eighth amendment unless crowding is inflicting cruel and unusual punishment on particular identified prisoners. Directs that each Federal court order or consent decree seeking to remedy an eighth amendment violation be reopened at the behest of a defendant for recommended modification at a minimum of two-year intervals. Title II: Construction of Regional Prisons for Violent Criminals - Directs the Attorney General: (1) to construct and operate a minimum of ten regional prisons, situated throughout the United States, each containing space for at least 2,500 inmates; and (2) in determining the location of such prisons, to consider the feasibility of converting Federal correctional complexes currently in the planning or construction phase. Sets forth provisions regarding: (1) consideration of cost-effective alternatives and State and local re-use plans; and (2) acceptance of qualifying prisoners. Prohibits the Attorney General from certifying a State as a qualifying State unless the State is providing: (1) "truth in sentencing" with respect to specified felony crimes of violence which provides that defendants will serve at least 85 percent of the sentence ordered and which limits the sentencing judges' discretion; (2) pretrial detention similar to that provided in the Federal system; (3) sentences at least as long as those imposed under Federal law for murderers, firearm offenders where death or serious bodily injury results, sex offenders, and child abuse offenders; and (4) suitable recognition for victims' rights, including consideration of the victim's perspective at all appropriate stages of criminal proceedings. Title III: Effective Mandatory Minimum Prison Sentences - Amends the Federal criminal code to set mandatory prison terms for: (1) using or carrying a firearm during a crime of violence or a drug trafficking crime; and (2) distributing illegal drugs to minors or using minors in drug trafficking activities. Amends the Controlled Substances Act to provide for mandatory life imprisonment without release for drug felons and violent criminals convicted a third time. Title IV: Violent Crime Reduction Trust Fund - Directs: (1) the President, through the Office of Management and Budget (OMB), to ensure that the number of full-time equivalent positions in all executive agencies (excluding the General Accounting Office) does not exceed specified levels for FY 1994-1998; and (2) OMB to continuously monitor all agencies for compliance and to notify the President and the Congress of any failure to comply. Establishes as a separate account in the Treasury the Violent Crime Reduction Trust Fund, which: (1) may be appropriated exclusively for the purposes authorized in this Act and the Violent Crime Control and Law Enforcement Act of 1993; and (2) shall be excluded from, and not taken into account for purposes of, any budget enforcement procedures under the Congressional Budget Act of 1974 or the Balanced Budget and Emergency Deficit Control Act of 1985. Requires: (1) the President to report annually on the status of the Fund; and (2) the Director of OMB to reduce discretionary spending limits for FY 1994-1998 as specified.
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